English – News and Articles
WHO IS HELD LIABLE FOR THE CORPORATE CRIME?
“Corporate crime is crimes committed by individuals, based on empolyment or ohter relationships, either individually or jointly acting on behalf of corporation, within or outside of the corporation.” Late in 2016, the Supreme Court has issued Supreme Court Regulation No. 13 of 2016 on Corporate Crime Case Handling (“Perma No. 13/2016”). (See also: The Stages…
Read MoreCAN RECONCILIATION BE DONE AFTER THE DEBTOR IS DECLARED BANKRUPT?
Debtor may offer reconciliation if the majority creditor does not agree with the bankruptcy decision against the debtor due to not being asked for approval nor summoning the majority creditor. After declared bankrupt by the Commercial Court’s decision, Debtor still has the right to offer reconciliation. This right is stipulated under Article 144 of Law…
Read MoreHOW TO RESOLVE ENVIRONMENTAL DISPUTE IN INDONESIAN LAW
“Environmental dispute settlement can be reached through the Court or out of Court” In some cases related to environmental dispute, Corporations are the most dominant subject as the perperator of the decreasing environmental quality in particular region or community. This condition cannot be separated from the corporation’s activity in exploiting large amount of natural recources…
Read MoreBEWARE! THERE IS CRIMINAL SANCTION FOR PAYING WAGES BELOW MINIMUM STANDARD!
Every year, the provinces or regencies/cities in Indonesia experience an increase in minimum wage, as in Jakarta Province has reached Provincial Minimum Wage (UMP) of Rp. 3.355.750,00 per month in 2017. This increased UMP cannot be separated from the employers’ objections. Due to the few customers and low finansial conditions, the company has higher costs…
Read MoreTHE DUTIES AND AUTHORITY OF CURATOR THAT IS IMPORTANT TO UNDERSTOOD
“Bankruptcy Law clearly states that Curator is the Orphan’s Chamber or an individual appointed by the court to manage and liquidate the assets of Bankrupt Debtor under the supervision of supervisory judge.” It is important for a company as a Debtor in bankruptcy to understand that a declaration of bankruptcy by the Court decision results…
Read MoreDECIDING DISPUTE SETTLEMENT FORUM IN CASE THERE ARE ARBITRATION CLAUSE AND LITIGATION WITHIN THE AGREEMENT
There is a conflict between arbitration clause and clause of litigation through the district court in a single agreement. Which one is applicable? In a cooperation agreement on the apartment construction, we found an arbitration clause and a clause of litigation through the district court at the same time. Both parties agree to choose arbitration…
Read MoreIMPORTANT THINGS TO BE CONSIDERED IN FILING FOR BANKRUPTCY TO THE COMMERCIAL COURT
“Petition for bankruptcy may be filed by the creditor/s or even the debtor itself.” Petition for bankruptcy is generally filed by the creditors who have receivables against the debtor. However, besides filed by the creditors, the debtor may file for bankruptcy against himself. It is in accordance with Article 2 paragraph (1) Law Ini 37…
Read MoreSTAGES OF REHABILITATION IN APPLICABLE PROCEDURAL LAW
“Rehabilitation is a person’s right to have his/her rights restored in terms of capacity, position, honor and dignity given at investigation, prosecution or trial stage because he/she has been arrested, detained, prosecuted or charged for no lawful reason, or because there is mistake of the person or the law applied.” In a discussion we have…
Read MoreIS IT POSSIBLE TO CHOOSE ARBITRATION AS THE FORUM OF ENVIRONMENTAL DISPUTE SETTLEMENT?
“Environmental dispute settlement may be done through third-parties services, whom it does not have the authorities to adjudicate (mediator) or have the authorities to adjudicate (arbitrator)” Before further discussion in this article, it should be understood of what is the environmental dispute? As stated in Article 1 number 25 of Law No. 32 of 2009…
Read MoreSteps 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…
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