PRODEO (FREE OF CHARGE) CASE PROCEDURE

 1)      The poor party may file an application free of charge. The condition of poor should be proven by a letter of reference from village head approved by the related District Head. In the main register, the case will be written. All of revenues and expenditures, even nil should be written in the journal (Article 237 HIR/Article 273 RBg).

2)      Before writing an application in the register, the applicant files a petition first to litigate free of charge, if the petition is accepted, the judges will make a decree for the permission to litigate free of charge, after giving the respondent a chance to respond  to the petition (Article 238 paragraph (1) HIR/Article 274 paragraph (1) RBg).

The permission to litigate free of charge is prevailed for each level of court exclusively and not permitted to all levels of court at once.

The poor respondent also has the right to file a petition to litigate free of charge as has been explained above (Article 239 paragraph (1) HIR/Article 274 Paragraph (2) RBg).

3)      Toward a petition to litigate free of charge, the judge makes a decree for the permission after giving the other party a chance to respond the petition (Based on Article 239 Paragraph (1) HIR/Article 274 Paragraph (2) RBg.)

4)      Toward a free of charge case, if the party files an appeal to the high religious court, the provisions in Articles 12, 13, and 14 of the Law No. 20/1947 are prevailed.

5)      If the petition to file free of charge is denied, the suit will only be registered if the party has paid the case’s cash advance.  (M. Noor)