Providing Justice to the Justice Seeker: - Family Court of Australia

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Table 13Cost of a Divorce Case in both the General and Religious Courts for Urban and RuralCourt usersCourt Fee Transportation Costs Divorce CaseCost = Court Fee+ TransportationCostsUrban Religious Court user Rp 350,000 Rp 25,000 x 5 trips to Rp 475,000(or USD 35) the court = RP 125,000 (or USD 48)(or USD12.50)Urban General Court user Rp 350,000 Rp 25,000 x 8 trips to Rp 550,000(or USD 35) the court = Rp 200,000 (or USD 55)(or USD20)Rural Religious Court user Rp 350,000 Rp 100,000 x 5 trips to Rp 850,000(e.g. NTT) (or USD 35) the court = Rp 500,000 (or USD85)(or USD 50)Rural General Court user Rp 350,000 Rp 100,000 x 8 trips to Rp 1,150,000(e.g. NTT) (or USD 35) the court = Rp 800,000 (or USD115)(or USD 80)The cost of a divorce case in the Religious Courts (only court fee and the party’s transportationcosts) can therefore vary significantly, depending upon how far the party lives from the court.Divorce cases in the General Courts cost more, as there are on average three more courtappearances per case. The further the parties to a divorce case live away from the court, thehigher the transportation costs. In the NTT case given above, for example, transportation costscomprise as much as 70% of the cost of the case.38 Providing Justice to the Justice Seeker A Report on the Access and Equity Study in theIndonesian General and Religious Courts 2007–2009
7 Transparency of court fees and overestimation of courtfee down-payment.Overestimation of the down-payment made to courts for divorce cases relative to theactual cost of the case is a disincentive to justice seekers bringing their cases to court,particularly the poor. Reimbursement of the down-payment made to courts is importantfor all clients, but particularly for the poor.On average clients in the six Religious Courts surveyed paid 24% more as a down paymentthan the final cost of the case set out in the judgment. On average clients in the six GeneralCourts surveyed paid 79% more as a down payment than the final cost of a case as set out inthe judgment. Greater transparency of court fees and the down-payments made to courts fordivorce cases would assist in building public trust and confidence in the courts.Figure 7Average Down-Payments and Court Costs in the Selected Religious Courts (Rp)600,000500,000400,000300,000200,000100,0000RCDenpasarRC JakartaSelatanRC Kab.MalangAverage down paymentRCManadoRCPontianakAverage court feeRC YogyaAverage 6ReligiousCourtsFigure 8Average Down-Payments and Court Costs in the Selected General Courts (Rp)900,000800,000700,000600,000500,000400,000300,000200,000100,0000GC BitungGCGianyarGC JakartaPusatAverage down paymentGCMalangGCPontianakAverage court feeGC YogyaAverage6 GeneralCourtsProviding Justice to the Justice Seeker A Report on the Access and Equity Study in theIndonesian General and Religious Courts 2007–200939
Page 2: © Mahkamah Agung and AusAID 2010Th
Page 6 and 7: ivProviding Justice to the Justice
Page 8 and 9: viProviding Justice to the Justice
Page 10 and 11: ForewordDirector General of the Gen
Page 12 and 13: Whatever the results of this survey
Page 14 and 15: Key research findings (continued)5
Page 16 and 17: Key research findings (continued)11
Page 18 and 19: Chapter 1Introduction to Access and
Page 20 and 21: Data is currently being collected f
Page 22 and 23: Table 2Sampling methodology for cou
Page 24 and 25: 4 Poverty and legal access survey (
Page 26 and 27: Chapter 2Introduction to the Family
Page 28 and 29: The table below summarises cases de
Page 30 and 31: The importance of family law cases
Page 32 and 33: The Religious Courts hear two types
Page 34 and 35: The party seeking to have the court
Page 36 and 37: Chapter 3Summary of Key ResearchFin
Page 38 and 39: Clients of both the General and Rel
Page 40 and 41: Figure 6 continuedResults of Court
Page 42 and 43: 3 Women bring twice as many divorce
Page 44 and 45: 5 88% of PEKKA members (female head
Page 48 and 49: The average actual court cost was R
Page 50 and 51: Table 14Number of days from case re
Page 52 and 53: 9 Efficient allocation of judicial
Page 54 and 55: Case StudyMalang Kabupaten Religiou
Page 56 and 57: The overwhelming majority of PEKKA
Page 58 and 59: Chapter 4Demographic Data from the
Page 60 and 61: Table 20Income distribution for the
Page 62 and 63: Legal status of marriageOver 50% of
Page 64 and 65: Cost of a divorce caseThe main cost
Page 66 and 67: Cost of a lawyerIn the survey of Re
Page 68 and 69: Chapter 5Strategic Response to the2
Page 70 and 71: Issues identified in the surveySugg
Page 72 and 73: Issues identified in the surveySugg
Page 74 and 75: Annex 1Extract from Government of I
Page 76 and 77: Annex 2Summary of Recommendations m
Page 78 and 79: 6. The Registrar/Secretary of a cou
Page 80 and 81: Acknowledgments andStudy Partners72
Page 82: PEKKA’s Legal Empowerment Program

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