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Indonesian lawyer | Legal consultant | Tax consultant

When it comes to Legal & Tax matters, making the right move is vital

Kusuma & Partners Law Firm is one of leading Indonesian law firm as well as tax firm. We assist clients to face challenging legal, tax, and regulatory challenges in Indonesian. Offering an integrated Legal and Tax services, our teams of professional lawyers and tax consultants have proven international experience. We are proud that our clients can access our fully integrated range of consultancy and services by way of a single contact.
Featured Practice Areas

Our expertise spans the full suite of legal and tax services to include both advisory and transactional work where we have been involved in landmark corporate transactions, as well as complex and litigation and matters.

General Corporate Services

General corporate & Comercial

We work with our clients to understand commercial and business objectives. We express our advice in commercial terms and offer seamless end-to-end service across the lifecycle of your project and long-term goals.
Litigation Services

Litigation & Dispute resolution

With more than a decade of experience in commercial disputes and litigation through Indonesian courts, our team of lawyers has successfully represented our clients including a range of Individual, Indonesian Local Company (PT PMDN), Foreign-Owned Company (PT PMA), multinational company.
Tax Services

Tax

We assist client both corporate and individual to find the most tax-friendly approach for many types of transactions and industries by applying our extensive knowledge of the prevailing Indonesian tax regulations and our extensive knowledge as practitioner in the field of taxation. We assess the tax implications of the proposed business structures and provide recommendations of the most tax efficient.

Why Choose Kusuma & Partners?

Extensive Expertise

We offer deep knowledge across various legal fields, ensuring tailored solutions for your needs.

Comprehensive Services

From corporate setup to complex litigation, we handle all your legal & tax matters under one roof.

Cost-Effective Solution

Our fee structure is designed to offer the best possible legal support at cost-effective rates, ensuring that you receive excellent service and results at a fair price.

Strategic Counsel

We offer proactive advice, helping you make informed decisions that protect and advance your interests.

Local Network

Our strong network of connections with local authorities, experts, and industry leaders enhances our ability to deliver comprehensive solutions.

Long-Term Relationships

We believe in building lasting partnerships with our clients, offering continuous support and strategic guidance to help your business grow and succeed over time.

Frequently Asked Questions

What is Suspension of Debt Payment (PKPU)?

A legal process in Indonesia that allows debtors to propose a restructuring plan to its creditors to avoid bankruptcy.

What is Bankruptcy?

It is a legal status declared by the commercial court for a debtor who is unable to pay its debt when they fall due and whose financial condition is deemed irreparable. This process involves liquidating the debtor’s asset to pay off creditors.

What is the prevailing law of Suspension of Debt Payment (PKPU) and Indonesian Bankruptcy matters?

Indonesian Law Number 37 of 2004, and related regulations.

What are the criteria of Debtor to be declared under Suspension of Debt Payment (PKPU) or Bankruptcy status?

Debtor shall have at least 2 (two) creditors and have failed to pay at least one debt that is due and payable, and the debt criteria can be proven simply.

Who may file a Suspension of Debt Payment (PKPU and Bankruptcy petition?

Both debtor and creditor are eligible to file the petition to Indonesian Commercial Court.

What is the role of Administrator and Receiver?

The Administrator is appointed by commercial court to carry its duty and supervised by a Supervisory Judge during Suspension of Debt Payment (PKPU) process. While the Receiver runs its duty and supervised by a Supervisory Judge during Bankruptcy process.

What happens during PKPU process?

Creditors cannot take enforcement actions against debtor; an Administrator is appointed to oversee the process and a restructuring plan is proposed and voted on by creditors.

Can I settle debts for less than what I owe through PKPU?

Yes, PKPU allows for negotiation with creditors, and it is possible to settle debts for a reduced amount if an agreement is reached.

What if a PKPU plan is rejected by creditors?

The court may declare debtor bankrupts, and debtor’s assets could be liquidated to pay off debts.

How long does the PKPU process take?

The Temporary PKPU period is 45 days, which can be extended to a maximum of 270 days (Permanent PKPU) upon approval if a feasible restructuring plan is in progress. This provides ample time to negotiate and implement a debt repayment strategy.

What happens if Restructuring Plan (Proposal) during PKPU process is approved?

The Restructuring Plan (Proposal) becomes legally binding, and creditors must adhere to the agreed-upon terms. The Debtor will follow the new repayment schedule as proposed in Restructuring Plan, which provides relief and helps stabilize its financial situation.

What happens to my business during bankruptcy?

A Receiver will manage and liquidate your business assets to pay off creditors.

Can I appeal a bankruptcy decision?

Yes, within a certain timeframe and if a bankruptcy status comes directly from a petition of bankruptcy.

How can I prevent my business from going bankrupt?

Timely debt restructuring, effective financial management, and utilizing legal protections like PKPU can help prevent bankruptcy. Engaging our legal services early can provide the guidance needed to avoid financial insolvency.

How does bankruptcy impact my personal assets as a business owner?

For incorporated entities, bankruptcy generally affects the company’s assets only. However, for sole proprietorships or personal guarantees, your personal assets may be at risk. We can advise on the best course of action to protect your interests.

Can I recover from bankruptcy and start a new business?

Yes, once your bankruptcy proceedings are completed, you can start anew. Bankruptcy laws aim to give individuals and businesses a fresh start, though there may be restrictions and considerations to address.

How can I ensure a successful PKPU process?

Success depends on presenting a feasible Restructuring Plan, effective negotiations, and legal compliance. Engaging our experienced lawyers increases your chances of a favorable outcome, providing strategic advice and representation.

How do I start the process of debt restructuring or bankruptcy?

Contact us for a consultation. We will assess your situation, provide legal advice, and guide you through the necessary steps to initiate debt restructuring, PKPU, or bankruptcy proceedings.

No, a Work Permit KITAS requires sponsorship from a legally registered Indonesian company. Foreign companies based outside Indonesia cannot sponsor a KITAS unless they establish a legal presence in Indonesia, such as a PT PMA.

What is a Company Registry document?

A Company Registry document is a formal record by Indonesian Ministry of Law and Human Rights that contains key information about a registered company in Indonesia, such as its legal name, address, shareholders, and directors.

Why is it important to check a company’s background before doing business?

Conducting a background check helps you verify a company’s legitimacy and legal standing, minimizing risks and ensuring trustworthiness.

What information can be obtained from a Company Registry search?

You can obtain details like the company’s legal status, registration number, shareholders, board of directors, authorized capital, and business activities.

What should I do if a company’s registry details seem suspicious?

Consult with our lawyers immediately to investigate further and ensure that all necessary legal actions are taken to protect your interests.

Is it possible to check whether a company has legal disputes or cases against it?

Yes, it needs further investigation.

Can I check the history of changes in a company’s structure?

Yes.

What types of company can I conduct background checks?

It is for foreign-owned company in Indonesia (PT Penanaman Modal Asing (PT PMA) and local company in Indonesia (PT PMDN).

Prenuptial Agreement, often referred to as “Perjanjian Pra Nikah” in Indonesian, is a legal contract entered into by couples before marriage. It outlines the rights and responsibilities of each party regarding property ownership and distribution, financial arrangements, and other assets in the event of divorce.

The Industrial Relations Court is responsible for resolving employment disputes that cannot be settled through bipartite negotiations, mediation, or tripartite through Local Manpower Institution. This court handles disputes related to termination, wages, collective labor agreements, and etc.

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