Posts Tagged ‘District Court’
Dispute Resolution at the Industrial Relations Court in Indonesia
It is likely such a common trend in Indonesia that the industrial relations court bring out conflict instead of accord between companies and employees. If the issue continues to happen, both parties are subjected to financial disadvantage. There is no perfect way other than diminishing the disputes. Hence, an intensive dialogue accenting mutual understanding between…
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 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 MoreTwo Conditions to Be Met in Setting Aside an Agreement Through Arbitration
It is common to find arbitration clauses in construction, real estate, transportation, or other commercial agreements which mandate the concerned parties to use arbitration as a method of dispute resolution. This brings consequences if any party wishes to set aside the agreement, it cannot be submitted to the court, but rather to the arbitration. This…
Read MoreFlashback of 5 Biggest Cartel Cases In Indonesia
Shocking news came from the Business Competition Supervisory Commission (KPPU). It stated that Yamaha Indonesia Motor Manufacturing (YIMM) and Astra Honda Motor (AHM) found guilty of price fixing. Both companies were convicted of cartel practices in accordance with case 04 / KPPU-I / 2016 about the alleged of cartel on February 22, 2017. YIMM and…
Read MoreSMALL CLAIMS COURT (SIMPLE LAWSUIT) CAN BE APPLIED IN THE RELIGIOUS COURT
“Like the civil lawsuits at district court, nowadays the process of Islamic Economy case in the religious court could be completed within 25 working days since the first day of hearing.” Pursuant to the Supreme Court Regulation Number 14 of 2016 regarding Settlement Procedures of the Islamic Economy Case, Islamic economy case can be resolved…
Read MoreDefinition 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 MoreTHIS IS WHY ARBITRATION BECOME POPULAR (PART II)
As business grows, the potential of conflict among business actors or institutions becomes escalate. To solve the conflict, the parties have many option of settlement forums, one of which is arbitration. Due to its lots of benefits, arbitration becomes popular and considered as the best way to solve commercial dispute. It has proven that arbitration…
Read MoreTHIS IS WHY ARBITRATION BECOME POPULAR (PART I)
Arbitration considered as an effective dispute resolution forum to get the best result. Commercial disputes become one of inevitable consequence in the business. The dispute can arise between parties which located in Indonesia or abroad. Arbitration as a dispute resolution becomes popular in the business for its many advantages. One of the advantages is a…
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