KSP LEGAL UPDATES
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KSP LEGAL UPDATES
The Use Of Expert Witness At The Ministry Of Home Affairs
The Ministry of Home Affairs (“Ministry”) recently enacted Ministry of Home Affairs Regulation Number 95 of 2017 on the Use of Expert Witness (“MHA Reg 95/2017”). It is claimed as the first regulation related to this matter among Indonesian ministries.
Expert witness would be harnessed by the Ministry to maximize handling of cases involving the Ministry as the party in litigation cases. The expert could be either individual from the Ministry itself or professional consultant with minimum academic qualification of Doktor (S3) or equal to PhD (Doctor of Philosophy) in his relevant field.
The appointment of the expert shall be stated in a Ministry of Home Affairs degree signed by the Secretary General. The appointed expert should be responsible for his expert opinions and explanations before the court. To perform his duties, he will be assisted by the Legal Bureau of the Ministry of Home Affairs.
Every time the expert complete the court hearing, he will receive honorarium by submitting a performance report, including expert opinion and other administrative documents. Meanwhile, Article 8.3 of the MHA Reg 25/2017 stipulates the maximum honorarium of the expert is IDR 25.000.000 (twenty five million Indonesian Rupiah) per court hearing.
Although this MHA Reg 95/2017 only apply to the Ministry of Home Affairs, it could be a good role model for other ministries to cap the expert witness fees. On the other hand, experts should follow the stipulation and provide the services professionally. Standardization of expert witness fees shall prevent over-budgeted costs and minimize potential corruption engaged in by government officials.
Expert witness would be harnessed by the Ministry to maximize handling of cases involving the Ministry as the party in litigation cases. The expert could be either individual from the Ministry itself or professional consultant with minimum academic qualification of Doktor (S3) or equal to PhD (Doctor of Philosophy) in his relevant field.
The appointment of the expert shall be stated in a Ministry of Home Affairs degree signed by the Secretary General. The appointed expert should be responsible for his expert opinions and explanations before the court. To perform his duties, he will be assisted by the Legal Bureau of the Ministry of Home Affairs.
Every time the expert complete the court hearing, he will receive honorarium by submitting a performance report, including expert opinion and other administrative documents. Meanwhile, Article 8.3 of the MHA Reg 25/2017 stipulates the maximum honorarium of the expert is IDR 25.000.000 (twenty five million Indonesian Rupiah) per court hearing.
Although this MHA Reg 95/2017 only apply to the Ministry of Home Affairs, it could be a good role model for other ministries to cap the expert witness fees. On the other hand, experts should follow the stipulation and provide the services professionally. Standardization of expert witness fees shall prevent over-budgeted costs and minimize potential corruption engaged in by government officials.
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