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Definition of cartel, the Business Competition Supervisory Commission (KPPU) and Unfair Competition
Judging from cartel cases in Indonesia, it is important to understand the definition of cartel itself. Cartel practices are also mentioned in Article 11 of Law No. 5 of 1999 on Monopolistic Practices and Unfair Business Competition (Law No. 5/1999). It states: “Business Entity are prohibited from making agreements with rival businesses, which intends to…
Read MoreLET’S GETTING TO KNOW MORE ABOUT DORMANT COMPANY
Naturally, business aims for profit which is easily described by accounting transactions. What if a company has no accounting transactions? In the business world, this situation is called ‘dormant’. Referring to www.businessdictionary.com, dormant is a status of company/firm which for a prolonged period has no significant financial transaction. So, the term dormant can be simplify…
Read MoreHOW TO DETERMINE THE BEST DISPUTE RESOLUTION FORUM IN THE AGREEMENT
It is known that the principle of freedom of contract (pacta sunt servada) in an agreement is stated in Article 1338 Book of Indonesian Civil Code. So, the parties that have agreed upon an agreement are free to decide matters related to the deal, as long as they are not contrary to law, norms that…
Read MoreARE TORT CASES ABLE TO BE SOLVED THROUGH ARBITRATION ?
Basically, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) does not provide the limitation of the only tort cases that can be resolved through arbitration. So, in the event of a tort committed by one of the parties which were bound by a treaty binding, the dispute can certainly be…
Read MoreSolve your land disputes through mediation mechanism!
“Mediation in the local land office is a way of dispute resolution that can be done before deciding to bring the existing problems to the court.” Settlement of the cases related to civil disputes, is generally pursued through the courts. The process is certainly time-consuming and costly. Actually, there is another settlement path which is…
Read MoreEurope`s Investments in Indonesia Reach US$13.3 billion
The Investment Coordinating Board (BKPM) notes that Europe’s investments in the past five years reached US$13.3 billion or Rp172.9 trillion. The top five European countries investing in Indonesia were the Netherlands, the UK, France, Luxembourg and Germany. “However, the investments were centered around Java Island: roughly 46 percent,” the BKPM chairman Thomas Tri Kasih Lembong…
Read MoreSHIFT POSITION BETWEEN INTERNATIONAL ARBITRAL AWARD AND NATIONAL ARBITRAL AWARD
Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) adheres to the territorial principle in determining whether an arbitration award is included in the national or international arbitration ruling. In Article 1 point 9 of the Arbitration Law, it has been determined as follows: “The Decision of international arbitration is the…
Read MoreHOW TO APPLY FOR ANNULMENT OF ARBITRATION AWARD
Annulment of the arbitration award as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law“) is possible to be proposed by one of the parties of the case. Any party who would like to cancel the arbitration award, must submit the application before the district court. Although there is…
Read MoreARE TORT CASES ABLE TO BE SOLVED THROUGH ARBITRATION ?
Basically, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) does not provide the limitation of the only tort cases that can be resolved through arbitration. So, in the event of a tort committed by one of the parties which were bound by a treaty binding, the dispute can certainly be…
Read MoreARE THERE REMEDIES FOR ANNULMENT OF ARBITRATION DECISIONS?
An annulment request of arbitration decision are commonplace, filed by the losing party in the arbitration case. In some cases, the annulment request is to delay the execution of the arbitration award. The annulment request must definitely be filed on the basis of reasons which have been determined in limited way, as prescribed in Article…
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