According to Article 185 of the HIR (Herziene Indonesisch Reglement), an interlocutory judgment is a decision that is not final, even though it must be pronounced during the trial. Interlocutory judgments are temporary and do not touch upon the substance of the case contained in the indictment. The stages in the trial before the interlocutory judgment include the indictment, exceptions, the prosecutor’s response, responses to exceptions, and finally, the interlocutory judgment.
From these provisions, it can be concluded that:
- All interlocutory judgments are pronounced during the trial.
- All interlocutory judgments are part of the court record.
- Authentic copies of the court record containing interlocutory judgments can be provided to both parties.
The function of an interlocutory judgment is to facilitate the continuation of the case examination. However, interlocutory judgments cannot stand alone but are one unit with the final decision regarding the substance of the case.
Interlocutory judgments are divided into four types:
- Preparatory Interlocutory Judgments: Judgments issued by judges to prepare or arrange the course of case examination, such as determining the stages of the process or trial schedules.
- Interlocutory Judgments: A special form of interlocutory judgment that can contain various orders according to the judge’s intended objectives.
- Incidental Interlocutory Judgments: Interlocutory judgments related to incidents or events that hinder the process of case examination.
- Provisional Interlocutory Judgments: Interlocutory judgments that are temporary and contain temporary actions, awaiting the final decision on the substance of the case.
Thus, interlocutory judgments play an important role in the judicial process to ensure smoothness and fairness in resolving a case.
Author: Gladys Cinta Magdalena Stanlycia
Source: https://www.hukumonline.com/berita/a/putusan-sela-lt6358f75b389e2/#!
