A default judgment is a judgment given in favour of a claimant because the defendant has failed to respond to the claim or to appear at the hearing. In Indonesian civil procedure it is known as a verstek judgment.
Conditions in Indonesia
Under Article 125 of the HIR (and Article 149 of the RBg), a court may grant a verstek judgment where the defendant has been properly summoned but neither appears at the hearing nor sends a representative, without lawful excuse. The claim is granted unless the court finds it to be unlawful or without basis. A defendant who has appeared at least once cannot later be subject to a verstek judgment; the case then proceeds as a contested judgment in the defendant's absence.
Proper Summons
Because a default judgment is decided without hearing the defendant, the validity of the summons (relaas) is essential. A judgment based on an improper summons is vulnerable to being set aside.
The Defendant's Remedy: Verzet
A defendant against whom a verstek judgment is given may file a resistance (verzet) within fourteen days after notification of the judgment, or within the other periods set out in Article 129 of the HIR. The case is then re-examined with both parties heard.
In England and Wales
Under Part 12 of the Civil Procedure Rules, a claimant may obtain a default judgment if the defendant fails to file an acknowledgement of service or a defence within the time allowed. The court may set it aside under Part 13 if the defendant has a real prospect of successfully defending the claim or there is another good reason.