Legal Updates
REGISTERING PROCEDURE OF ARBITRATION AWARD BEFORE THE DISTRICT COURT
The arbitration award should be implemented voluntarily by the parties. However, if this does not occur, in order to be executed with the enforcement of the courts, it must be registered in advance to have the executorial power. According to Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution (“Arbitration Law”), an arbitration…
Read MoreALL CLAIM LESS THAN 200 MILLION MUST BE SUBMITTED BEFORE SMALL CLAIM COURT
“Unlike a common civil lawsuit, in The Small Claim Court Process, the judge must be handed down its decision within 25 working days since the first day of the hearing.“ Pursuant to the Supreme Court Regulation Number 2 Of 2015 on Small Claim Court Procedures, The Supreme Court has provided a new procedure for civil case with…
Read MoreGUIDELINES TO LIQUIDATE COMPANY IN INDONESIA
Pursuant to Company Law, the Company shall be dissolved by several matters and one of which is liquidation according to shareholder’s decision in General Meeting of Shareholders. The Board of Directors (“BOD”), Board of Commissioners (“BOC”) or one or more shareholders representing at least 1/10 of the total shares with voting rights could propose liquidation…
Read MoreSHARING ECONOMY: LESSON LEARNED FROM GOJEK AND UBER CASE
“To find out the appropriate law to this kind of business, we should separate the Online Portal Provider (“OPP”) and the Transportation Provider (“TP”). The OPP is Gojek or Uber management, and the transportation provider is the cars’ owners and their drivers.” Several time ago, we were shocked by massive demonstration performed by taxi drivers.…
Read MoreOBLIGATION OF A COMPANY TO ESTABLISH A BIPARTITE COOPERATION INSTITUTION
According to Article 105 of Manpower Law every companies who employing 50 employments or more is under an obligation to establish a bipartite cooperation institution or commonly known as LKS Bipartite (Bipartite Institution). Indonesian Manpower Law (Law No.13 of 2003) defined the Bipartite Institution is a communication and consultation forum on matters pertaining to industrial…
Read MoreAdjusting Company Regulations for PMA Company in Indonesia
Can PMA Company in Indonesia directly apply a company regulation from their parent company in overseas? Most of the time, Foreign Direct Investment Company or Perseroan Terbatas Penanaman Modal Asing (“PT PMA or PMA Company”) apply for the same company regulation as their parent company abroad to determine the policy for their employees. This action…
Read MoreThe Pocedure To Register Arbitration Award In Distric Court
Arbitration award is final and binding since it has resolved by arbitrator or arbitrators. It has been explained on Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (“Arbitration Law“), It has made it impossible to appeal the arbitration award to other stage or jurisdictions of court. That nature of award is being…
Read MoreSolving Disputes Between Individuals
Civil litigation or lawsuits are the legal disputes between individuals, companies or non-profit organizations that seek to obtain compensation for damage or recover a right. Civil litigation law is the field of law that resolves cases brought to the court by anyone. On the other hand, criminal law is the area that judges cases involving…
Read MoreLAW ON HALAL PRODUCT GUARANTEE IMPLEMENTS MANDATORY HALAL LABELING
The House of Representatives passed the Law on Halal Product Guarantee(“Halal Law”) to provide legal certainty toward the Halal condition of a product, which is proven by a Halal Certificate. The Halal Law is relevant to broad business activities, since it involves Halal Product Process that is a series of activities to ensure a product…
Read MoreImportant Note Related to ActioPauliana in Bankruptcy Cases
“The basis of Actiopauliana lawsuit is creditor damages.” In various bankruptcy cases can be found the existence of legal action by the creditors to nullify the debtor’s transactions, which is considered causing damage to the creditors. This action is known as actiopauliana. Furthermore, there are three conditions in actiopauliana, which are: There is legal action…
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