Posts by adminbpl
Steps for Employer Not to Be Fined Due to Late Wage Payment
The Law defines wage as the right of the worker/laborer that is received and expressed in the form of money as remuneration from the entrepreneur or the employer to workers/laborers, whose amount is determined and paid according to a work agreement, consensus, or laws and regulations, including allowances for the worker/laborers and their family for…
Read MoreFour Things to Bear in Mind When a Notary is Summoned as a Witness in Criminal Trial
“The law enforcement official must obtain the approval from the Notaries’ Court of Honor prior to the summoning of notary as a witness in an investigation of criminal case.” Notary often to be summoned as a witness when there is a case related to the deed they had drafted. In facts, it is common for…
Read MoreThree Tips on Identifying the Validity of Signatures in Documents
Documents are all forms of writing found on a particular tool / paper / place, used for particular purpose. As time and technology developed, false documents are often found. False document is a document that has been fully/partially altered by violating the rights, made by a person with certain purpose, and may be presented as…
Read MoreThree Types of the Criminal Action of Money Laundering You Should Know
In Law Number 8 of 2010 on Countermeasure and Eradication of Money Laundering (Law on Money Laundering), the criminal actions of money laundering are classified into three provisions: The Criminal Action of Money Laundering regulated in Article 3: Anyone who places, transfers, forwards, spends, pays, grants, deposits, takes to the abroad, changes the form, changes…
Read MoreAuthentication Powers of Notarial Deed Drafted Outside the Notary’s Jurisdiction
“A Notary is prohibited to draft a Notarial Deed outside his/her jurisdiction.” One of our clients had asked the following question: “My company, domiciled in South Jakarta, will hold a General Meeting of Shareholders (GMS), requires a notary to attend the GMS to make minutes of the meeting. Is it possible for our notary partner,…
Read MoreThe Doctrine of Separability in Arbitration Agreement
If the underlying contract has expired or is nullified, the arbitration clause remains valid. Arbitration clause is an additional agreement (accesoir) of the underlying contract. In accordance with the legal principle of additional agreement, the arbitration clause shall not exceed or is in contrary with the underlying contract. The existence of arbitration clause is only…
Read MoreEnforcement of International Arbitral Award in Indonesia
Arbitration Law gives authority to the Central Jakarta District Court to handle matters with respect to the recognition and enforcement of an international arbitral award. Arbitration is now a quite popular method of alternative dispute resolution among businesses. Arbitration law in Indonesia is regulated by Law Number 30 of 1999 on Arbitration and Alternative Dispute…
Read MoreProcedures of Dispute Resolution Through Arbitration That You Must Know
“Besides its numerous advantages of dispute resolution in arbitration, we believe that the arbitrator who is competent and an expert in the field of dispute is also an advantage.” The procedure of arbitration is different from handling civil cases in the district court. Arbitration is preceded by submitting a petition for arbitration, followed by request…
Read MoreIs It Possible to File for Bankruptcy on Debt Under the Contract Which Contains Arbitration Clause?
“Existence of arbitration clause shall not make the competency of commercial court to examine and adjudicate the petition for declaration of bankruptcy cease to exist.” The existence of choosing arbitration as a method of dispute resolution in a contract automatically makes the competency of district court in adjudicate the dispute arising in relation of aforesaid…
Read MoreQuestioning the Pros and Cons of Arbitration in Indonesia
Arbitration is now a quite popular method of alternative dispute resolution among businesses. The rule of arbitration in Indonesia are regulated in Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution (hereinafter Arbitration Law). It is said in many literatures that the advantages of arbitration compared to judiciary are: Confidentiality of the matter…
Read More