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Civil & Commercial Litigation

Expert Litigation Services with Precision and Care – Let Us Take the Stress Off Your Shoulders.

In the dynamic and ever-evolving business environment, civil & commercial litigation can be a minefield. Whether you are dealing with a Breach of Contract, complex commercial disputes, or an Unlawful Act, having an Indonesian lawyer who is reliable and understands the intricacies of civil & commercial law is essential. Our lawyers bring extensive experience and deep legal knowledge, ensuring that your case is handled with precision and expertise.

At our firm, we specialize in providing top-notch civil and commercial litigation services tailored to our clients’ unique needs ranging from various industries. With extensive experience and skills in navigating the complexities of Indonesian legal proceedings, we have represented our clients as the Plaintiff or Defendant, and assisted with comprehensive support in dealing with civil and commercial disputes through Indonesian courts from the District Court; High Court; and Supreme Court.

Civil & Commercial Litigation Procedure in Indonesia at a glance:

  1. Initial Legal Consultation and Case Evaluation
    We assess both facts and applicable laws, provide legal advice and litigation strategy.
  2. Pre-Trial Procedures
    If demand letters were never sent to the counterparty, it is required by law to send demand letter to the counterparty.
  3. Filing a Lawsuit
    We represented our client as the Plaintiff to file a petition with the relevant court. The choice of court depends on the nature of the disputes and the Defendant’s address, or where the appointed court based on the contract.
  4. Call for Hearing to the Parties
    The court summons the Plaintiff and the Defendant to attend the first court hearing agenda within a specified time.
  5. Preliminary Hearing
    The preliminary hearing involves initial discussions on the case, potential settlement opportunities, and procedural matters.
  6. Hearing Process
    If the settlement fails to be agreed upon, it will continue to some hearing processes, including the Defendant’s response; counter-plea; rebuttal; evidences; witness testimony; and conclusion by both of parties.
  7. Court Decision/Judgment
    The Judges issue a court decision based on the facts presented during the court hearing and applicable laws. A court decision will be final and binding within a specified time (if there is no legal remedy).
  8. Appeal (if any)
    A party who is unsatisfied has the right to file an Appeal to the High Court within a specified time.
  9. Cassation (if any)
    A party who is unsatisfied has the right to file a Cassation to the Supreme Court within a specified time towards the High Court Decision.
  10. Enforcement of Court Decision
    Once a court decision is final and binding, the winning party can seek enforcement with the legal mechanism.

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Frequently Asked Questions

Yes, as an investor, you are allowed to manage and oversee your investments. However, the Investor KITAS does not permit traditional employment for other companies; it only covers activities related to managing your investments.

Severance pay is calculated based on the employee’s length of service and the reason for termination. The formula includes severance pay, service appreciation pays (if applicable), and compensation for untaken leave or other rights as per Government Regulation No. 35 of 2021.

The divorce process involves filing a petition, attending mediation (it is required by law), attending court hearings process, and presenting evidence to support grounds for divorce, then an Indonesian court will issue a court decision.

When should I consider Tax Due Diligence?

Tax Due Diligence is crucial during mergers, acquisitions, company restructuring, or when preparing for a sale. It ensures you have a clear understanding of the company’s tax position before making critical decisions.

What are the potential outcomes of Tax Due Diligence?

Our findings will highlight any tax risks, compliance issues, or areas where improvements are needed. We provide recommendations to address these issues, helping you make informed decisions.

What happens if tax issues are found during Due Diligence?

If tax issues are identified, we’ll work with you to develop strategies to mitigate these risks. This may involve negotiating with the other party in the transaction or addressing the issues before proceeding.

Can Tax Due Diligence prevent future tax disputes?

While it can’t guarantee immunity from future disputes, Tax Due Diligence significantly reduces the risk by ensuring that any existing issues are identified and addressed early on.

Can Tax Due Diligence affect the valuation of a company?

Yes, Tax Due Diligence can impact a company’s valuation. Unresolved tax issues or significant liabilities discovered during the process may lead to adjustments in the purchase price or deal terms.

What are the common challenges in Tax Due Diligence in Indonesia?

Challenges include navigating complex tax regulations, incomplete or inaccurate financial records, and historical non-compliance.

How does Tax Due Diligence differ from a standard financial audit?

A financial audit focuses on the accuracy of financial statements, while Tax Due Diligence specifically examines tax compliance and risks. The two processes complement each other but serve different purposes.

What is an Investor KITAS, and how is it different from a Work Permit KITAS?

The Investor KITAS allows foreign nationals who hold significant shares in an Indonesian company to live and manage their investment in Indonesia. Unlike the Work Permit KITAS, the Investor KITAS does not require a separate work permit (IMTA) as it focuses on investment management rather than employment.

What are the key legal regulations governing visas and stay permits in Indonesia?

The Indonesian Ministry of Law and Human Rights Regulation Number 22 of 2023 outlines the legal framework for all visas and stay permits.

Can I apply for a Work Permit KITAS if I work for a foreign company based outside of Indonesia?

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.

Can I convert a Single-Entry Business Visa or Multiple-Entry Business Visa to a KITAS?

No, you cannot convert a Single-Entry or Multiple-Entry Business Visa to a KITAS. KITAS applications must be initiated separately through your employer or investment sponsor and require different documentation and procedures.

What should I do if I need to renew my KITAS?

Renewals must be processed before your KITAS expires. We recommend starting the process well in advance to avoid overstaying penalties.

Can I bring my family with me on a Work Permit KITAS

Yes, you can bring immediate family members (spouse and children) under a Dependent KITAS. Your dependents will be issued a KITAS based on your work permit, allowing them to stay in Indonesia legally, though they cannot work.

Can I work in Indonesia with an Investor KITAS?

Yes, as an investor, you are allowed to manage and oversee your investments. However, the Investor KITAS does not permit traditional employment for other companies; it only covers activities related to managing your investments.

What happens if I overstay my visa or KITAS in Indonesia?

Overstaying your visa or KITAS can lead to fines of IDR 1 million per day, and if overstaying persists, deportation and potential blacklisting from Indonesia are possible. It’s important to ensure timely renewals and proper visa management.

How long does it take to process a Work Permit KITAS?

The processing time can vary, but typically it takes around 2 to 4 weeks from the submission of the required documents to the issuance of the KITAS.

What happens if my employment contract ends before my Work Permit KITAS expires?

If your employment contract ends, your employer must report the termination to the immigration office, and your KITAS will be canceled. You are required to leave Indonesia unless you secure another sponsorship or transition to a different visa type.

Can I conduct business activities on a Tourist Visa in Indonesia?

No, business activities such as attending meetings or negotiations are not allowed on a Tourist Visa. For such activities, you must apply for a Single-Entry Business Visa or a Multiple-Entry Business Visa, depending on your needs.

What are the consequences of working in Indonesia without a Work Permit KITAS?

Working without a proper Work Permit KITAS (Index E23) is a serious violation of Indonesian immigration laws. It can lead to fines, deportation, and possible blacklisting, preventing future entry into Indonesia. Always ensure you have the correct permit before engaging in any employment.

Can I change my visa type while in Indonesia?

In most cases, changing visa types (e.g., from a Business Visa to a KITAS) requires leaving Indonesia and applying from abroad. However, specific visas, such as a temporary visa to KITAS, may be converted under certain conditions. We can guide you on the best approach based on your situation.

Can I apply for a Work Permit KITAS (Index E23) if I am a freelancer or self-employed?

No, freelancers or self-employed individuals cannot apply for a Work Permit KITAS. The KITAS requires sponsorship from an Indonesian company that employs you in a specific role. However, other visa types may be available depending on your circumstances and types of freelancer activity.

How soon should I apply for a KITAS renewal before it expires?

It is advisable to begin the renewal process 30 to 60 days before your KITAS expires to allow sufficient time for processing.

Can I hold both a Work Permit KITAS and an Investor KITAS simultaneously?

No, you cannot hold both at the same time. You must choose between the Work Permit KITAS and the Investor KITAS depending on your role in Indonesia, whether it is as an employee or an investor.

What if my company’s investment level drops below the threshold required for an Investor KITAS?

If your investment falls below the required threshold (IDR 1 billion in shares or IDR 10 billion in capital), your Investor KITAS may be revoked, and you could lose your right to stay in Indonesia under that permit. It’s essential to monitor your investment levels to maintain compliance.

Can I study in Indonesia with an Investor KITAS or Work Permit KITAS?

No, these KITAS types are for business or employment purposes only. If you plan to study in Indonesia, you would need to apply for a Student KITAS, which is specifically designed for education.

How does the Multiple Exit Re-entry Permit (MERP) work with a KITAS?

The MERP allows you to leave and re-enter Indonesia while holding a KITAS. Without a MERP, your KITAS would be invalidated upon exit. The permit typically lasts for the duration of your KITAS and must be renewed along with your KITAS if needed.

Can I apply for a KITAS on arrival in Indonesia?

No, you cannot apply for a KITAS upon arrival. The KITAS must be processed before entering Indonesia, and you will need an entry visa related to the KITAS (e.g., VITAS) to convert it into a KITAS upon arrival.

Employment contracts must be in writing and should clearly outline both employer’s and employee’s rights and obligations, including job responsibilities, working hours, salary, benefits, and the duration of employment. The contract should comply with Indonesian Manpower Law No. 13 of 2003, as amended by the Job Creation Law.

What is Indonesian Tax Advisory, and why is it important for my business?

Indonesian Tax Advisory involves expert guidance on navigating Indonesia’s complex tax regulations. It’s essential for ensuring compliance, optimizing tax liabilities, and avoiding penalties.

How can your firm help with my tax planning in Indonesia?

We provide tailored tax planning strategies that align with your business goals, helping you minimize tax liabilities while ensuring full compliance with Indonesian tax laws.

What types of taxes are applicable to businesses in Indonesia?

Businesses in Indonesia are subject to several taxes, including corporate income tax, VAT, withholding tax, and specific industry-related taxes. We help you understand and manage these obligations effectively.

How often should I review my tax strategy in Indonesia?

It’s recommended to review your tax strategy annually or whenever there are significant changes in your business operations or tax regulations. We provide ongoing advisory services to keep your strategy up to date.

What are the consequences of non-compliance with Indonesian tax laws?

Non-compliance can result in penalties, fines, and legal issues that can disrupt your business operations. Our services help you stay compliant and avoid these risks.

How can I take advantage of tax incentives in Indonesia?

Indonesia offers various tax incentives for specific industries and activities. We identify relevant incentives for your business and help you apply for and maximize these benefits.

What should I do if I receive a tax audit notice?

If you receive a tax audit notice, it’s crucial to respond promptly. We assist in preparing for the audit, ensuring all documents are in order, and representing you during the process.

How do Indonesian tax laws affect foreign-owned businesses?

Foreign-owned businesses must comply with both local and national tax regulations, which can be complex. We provide specialized advisory services to help foreign businesses navigate these requirements.

What is the process for filing taxes in Indonesia?

Filing taxes in Indonesia involves preparing and submitting tax returns according to the schedule set by the tax authorities. We assist with accurate preparation and timely submission of all necessary documents.

How do changes in Indonesian tax laws impact my business?

Changes in tax laws can affect your tax obligations and business operations. We keep you informed of any changes and adjust your tax strategy accordingly to ensure continued compliance.

How can I ensure my business is tax-efficient in Indonesia?

Tax efficiency involves strategic planning, taking advantage of available incentives, and maintaining compliance. Our advisory services focus on optimizing your tax position while minimizing liabilities.

Are there any specific tax considerations for startups in Indonesia?

Startups may be eligible for tax incentives and exemptions. We provide tailored advice to help new businesses navigate tax requirements and take advantage of available benefits.

What documentation is required for tax advisory services?

The documentation needed depends on the specific advisory service. Typically, you’ll need financial statements, previous tax filings, and details of your business operations. We assist in gathering and reviewing all necessary documents.

What should I do if I’ve missed a tax deadline?

If you’ve missed a tax deadline, it’s important to act quickly to minimize penalties. We can help you file late returns and negotiate with tax authorities to reduce any associated fines.

How do changes in my business structure affect my tax obligations?

Changes in your business structure, such as mergers, acquisitions, or expansions, can significantly impact your tax obligations. We provide advisory services to help you navigate these changes smoothly.

Are there specific tax considerations for digital businesses in Indonesia?

Digital businesses are subject to unique tax rules, including VAT on digital services and potential income tax obligations.

What is the impact of tax treaties on my business operations in Indonesia?

Tax treaties between Indonesia and other countries can affect how your business is taxed, particularly regarding double taxation.

Employers may only deduct wages for reasons permitted by law, such as social security contributions, taxes, union dues, or specific employee agreements (e.g., loans or damages caused by the employee). Deductions must not exceed 50% of the employee’s monthly wage.

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