In the complex world of finance and business, unexpected challenges can arise, putting even the most stable enterprises at risk. At Kusuma & Partners Law Firm, we specialize in helping you navigate these turbulent times with our expert services in Restructuring, Suspension of Debt Payment Obligation (known as PKPU), and Bankruptcy and Insolvency matters in Indonesia. Our lawyers are licensed of Indonesian Advocate and having a special license acting for Administrator and Receiver for bankruptcy matter. We have assisted and represented our clients both as the Debtor or Creditor in Suspension of Debt Payment Obligation, Bankruptcy, insolvency and debt restructuring matters. With our deep understanding of Indonesian Suspension of Debt Payment Obligation and Bankruptcy laws and a commitment to finding practical solutions, we are here to guide you through every step of the process.
Among the most common ways we provide the following services to our clients:
Engaging with our specialized legal services for debt restructuring, PKPU, and bankruptcy can make a significant difference in navigating financial difficulties effectively. Whether you need help restructuring debts, postponing obligations, or managing bankruptcy, we are here to provide the expertise and support necessary to achieve the best possible outcomes for your business. Contact us today to learn how we can assist you in safeguarding your business.
To register a foreign marriage in Indonesia, you typically need to submit a marriage certificate issued by the foreign country’s competent authority to the Indonesian Civil Registry Office (Dinas Kependudukan dan Catatan Sipil). Additional documents may be required depending on local regulations. If you do not register it and it has been exceeded by more than 1 (one) year, registration is legally required through the Indonesian court mechanism.
If a company needs to terminate employees due to economic difficulties, it must follow the procedures outlined in Government Regulation No. 35 of 2021. This includes attempting to negotiate mutual agreements, paying severance packages, and ensuring compliance with the labor law before proceeding with termination.
In Indonesia, divorce can be filed through the Religious Court (for couples of the same Muslim religion), or the District Court (for Non-Muslim religion and mixed-religion marriages). You must meet certain grounds for divorce as stipulated in Indonesian law.
What rights do victims have in Indonesian criminal proceedings?
Victims of crime have the right to report the crime and provide evidence, be informed of the progress of the investigation and trial, seek restitution or compensation, and request protection if they are at risk of harm.
Can a foreigner be tried under Indonesian criminal law?
Yes, if they commit a crime within Indonesian territory.
Are there alternative dispute resolution options for criminal cases in Indonesia?
In general, criminal cases in Indonesia are resolved through the court system. However, for certain cases, the alternative resolution like Restorative Justice practices may be considered.
What is Restorative Justice in the context of Indonesian criminal law?
Restorative Justice focuses on repairing the harm caused by criminal behavior through reconciliation and restitution rather than punitive measures. It involves mediation between the victim and offender to reach a mutually agreeable resolution.
What constitutes a criminal offense under Indonesian law?
It is an act that violates the Indonesian Criminal Code (KUHP) or other specific laws and regulations and is punishable by sanctions such as fines, imprisonment, or other penalties. The KUHP outlines various categories of offenses, including theft, assault, fraud, corruption, etc.
What does Indonesian law recognize the different types of criminal offences?
There are three main types:
How does the Indonesian criminal justice system handle cases of corruption?
Corruption cases are handled by specialized anti-corruption courts (Pengadilan Tindak Pidana Korupsi). The Indonesian Corruption Eradication Commission (Komisi Pemberantasan Korupsi—KPK) investigates and prosecutes high-profile corruption cases.
Employing foreign workers requires specific permits, including a Work Permit (IMTA) and a temporary stay permit (KITAS). Employers must also provide a clear reason why the position cannot be filled by an Indonesian worker and ensure the foreign worker’s role aligns with approved positions under the Ministry of Manpower’s regulations.
Postnuptial Agreement, known as “Perjanjian Setelah Nikah” in Indonesian, is similar to a Prenuptial Agreement but is entered into after marriage.
What is a Legal Opinion?
A Legal Opinion is a formal written document from a lawyer that provides legal advice or interpretation on specific legal issues based on the applicable laws and regulations.
When do I need a Legal Opinion?
You need a Legal Opinion when facing complex legal issues, entering contracts, disputes, or when clarity on specific legal points is necessary for business decisions.
What are the typical contents of a Legal Opinion?
A Legal Opinion usually includes an introduction, the legal context, a detailed analysis of the relevant laws, and the lawyer’s conclusions and recommendations.
What areas of law do you provide Legal Opinions on?
We cover various areas, including corporate law, foreign investment, employment law, business disputes, and regulatory compliance in Indonesia.
Are Legal Opinions required for business transactions in Indonesia?
While not always mandatory, Legal Opinions are often requested in such business disputes and major transactions like mergers & acquisitions, or financing to clarify legal risks.
How do Legal Opinions assist foreign investors in Indonesia?
Legal Opinions help foreign investors navigate Indonesian regulations, ensuring their investments comply with local laws and reducing the risk of legal issues.
How long does it take to receive a Legal Opinion?
The timeframe depends on the complexity of the issue, typically ranging from a few days to a couple of weeks.
What is the cost of obtaining a Legal Opinion?
Costs vary based on the complexity of the legal issue and the required research. We offer transparent fee structures after understanding your needs.
Do you provide Legal Advice for startups and new businesses?
Yes, we regularly advise startups and new businesses, particularly regarding compliance, contracts, and foreign investment regulations in Indonesia.
Can Legal Opinions be used in court?
Yes, Legal Opinions can serve as important references or supporting documents during court proceedings or disputes, but they are not legally binding.
What are General Corporate services??
General Corporate services encompass assistance with day-to-day business operations, including corporate structuring, compliance with local laws, regulatory matters, and corporate governance.
What is the scope of Legal Advisory in Indonesia?
Legal Advisory includes offering expert opinions on Indonesian law, helping businesses navigate legal complexities, and providing strategic guidance for minimizing risks in transactions or operations.
Why is Legal Compliance important in Indonesia?
Legal Compliance ensures that your business follows applicable laws and regulations in Indonesia, helping avoid legal disputes, penalties, and potential shutdowns due to non-compliance.
How can you help with company formation in Indonesia?
We assist with setting up different types of companies, such as PT PMA, PT PMDN, Representative Offices (RO), Permanent Establishment (PE), ensuring that your business structure complies with Indonesian corporate laws.
How often should companies conduct a legal compliance review?
It is recommended to conduct a legal compliance review regularly or when there are significant regulatory changes, ensuring the business continues to operate within the bounds of Indonesian law.
What happens if a company fails to meet legal compliance standards?
Failure to comply can result in penalties, legal disputes, or suspension of business activities. Staying compliant helps safeguard your business from these risks.
What should businesses know about labor law compliance in Indonesia?
Businesses need to comply with labor laws concerning employment contracts, employee rights, and benefits. We ensure your HR practices align with Indonesian labor regulations.
