A limitation period, or statute of limitations, is the period fixed by law within which a claimant must commence proceedings. Once it expires, the defendant may rely on the lapse of time as a complete defence, and in criminal matters the state loses its right to prosecute.
Why Time Limits Exist
Evidence deteriorates, witnesses forget and documents are lost. Limitation periods protect defendants from stale claims, encourage claimants to act diligently, and give people and businesses certainty that past events will not be reopened indefinitely.
Civil Claims in Indonesia
Article 1967 of the Indonesian Civil Code provides a general period of thirty years for all legal claims, whether in rem or personal. Shorter periods apply to particular claims under the Civil Code and special legislation. The period may be interrupted, for example by a summons, a lawsuit or an acknowledgement of the debt by the debtor, after which a new period begins.
English Law Comparison
Under the Limitation Act 1980, claims in simple contract and tort must generally be brought within six years of the cause of action accruing, claims on a deed within twelve years, and personal injury claims within three years, subject to extensions.
Criminal Matters
Indonesia's Criminal Code fixes limitation periods for prosecution according to the severity of the offence. Offences punishable by death or life imprisonment have the longest periods, while some international crimes, such as genocide, are widely regarded as not subject to limitation at all.