Court Clerk

by: Kamilallisani.

English version

Definition of Court Clerk

According to KBBI, Court Clerk is an official of the court secretariat office in charge of the trial administration section, making minutes of hearing, and other administrative activities. Article 27 paragraph (2) of Law no. 2 of 1986 concerning General Courts states that in carrying out their work, the Clerk of the District Court is assisted by a vice clerk, junior clerks, substitute clerks, and bailiffs. On the other hand, in the High Court itself, it is stated in Article 27 paragraph (3) of Law no. 2 of 1986 that those deputy clerks, Junior clerks, and substitute clerks assist the high court recorder.

Clerk Duties

The duties of the Registrar are regulated in Article 58 to Article 64 of Law no. 2 of 1986 concerning General Courts, which reads:

• Carrying out case administration and managing the duties of vice clerks, junior clerks, substitute clerks, and all executors in the technical section of the court;

• Assisting judges by following and recording proceedings;

• Making a list of civil and criminal cases received at the Registrar's Office;

• Make a copy of the decision according to the provisions of the applicable law;

• Responsible for the management of case files, decisions, documents, deeds, registers, court fees, money deposited by third parties, securities, evidence, and other documents kept at the Registrar's Office; and

• In civil cases, the clerk must carry out court decisions.

Requirements to become a clerk

In order to be appointed as a District Court Clerk, a candidate must meet the requirements as stipulated in Article 28 of Law no. 8 of 2004 concerning Amendments to Law no. 2 of 1986 concerning General Courts, namely:

• Indonesian citizens;

• pious to God Almighty;

• loyal to Pancasila and the 1945 Constitution of the Republic of Indonesia;

• at least a bachelor of a law degree;

• experienced at least 3 (three) years as Deputy Registrar, 5 (five) years as Junior Registrar of District Court, or served as Deputy Registrar of High Court; and

• physically and mentally healthy.

On the other hand, to be appointed as Clerk of the High Court, a candidate must meet the requirements set out in Article 29 of Law no. 8 of 2004, namely:

1. requirements as referred to in Article 28 letter a, letter b, letter c, and letter f;

2. law degree; and

3. experience of at least 3 (three) years as Deputy Clerk, 5 (five) years as Junior Clerk of the High Court, or 3 (three) years as Clerk of the District Court.

Provisions regarding the conditions for becoming vice clerk, junior clerk, and Deputy clerk are further regulated in Articles 28 to Article 38 of Law no. 8 of 2004.