A failure to submit evidence to Court in appropriate form at first-instance, cannot be corrected on appeal.
The issue was discussed In the Supreme Court cassation appeal decision Koss Corporation v. Yudi Irawan Anggianto (542 K/Pdt.Sus/2011/31 Mei 2011). In first-instance proceedings the Plaintiff/Appellant failed to substantiate its claim that it was the proprietor of the subject trademark in Indonesia. Particularly, the Plaintiff submitted a photocopy of an application form and a printout of a registration record for the trademark, which was not regarded as sufficient evidence. An original certified copy or original registration certificate should have been presented to the Court. On Appeal the Supreme Court was asked to review evidence of registration of the subject trademark, but declined to do so. The Supreme Court noted that examination of cases at cassation level is limited to a review of errors of interpretation of law, breaches of prevailing law, negligence in fulfilling obligations under prevailing laws that could void the lower Court’s decision, or standing of the lower Court. And the Commercial Court’s decision not to acknowledge the registration (in the absence of evidence in an appropriate form) was sound.
Preparing evidence for Commercial Court proceedings is often a laborious task. It is necessary to compile original evidence wherever possible, and where it is not to prepare notarisation and legalisation as required (rules vary for different types of evidence). A failure to comply with the rules of evidence in first-instance proceedings will impact on subsequent appeals, as was the case in Koss Corporation v. Yudi Irawan Anggianto. For this reason it is important not to cut corners in the early stages of a litigious dispute.