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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.

Frequently Asked Questions

Civil litigation covers a broader range of disputes including personal injury and family law, while commercial litigation specifically deals with business-related disputes like contracts, partnerships, and corporate matters.

 

Broadly speaking, there are two legal disputes, the Breach of Contract and the Unlawful Act issues.

 

A commercial contract dispute arises when parties disagree on the interpretation or performance of a contract. Common issues include non-payment, breach of terms, and delivery of goods or services.

 

The duration varies depending on the complexity of the case and the court’s schedule. Practically it takes around 6 (six) months on the first court instance (District Court).

Yes, the court provides and facilitates the parties to settle the dispute in the early stage through a mediation process which involves a neutral mediator helping the parties settle.

Commercial litigation can intersect with Bankruptcy if a debtor is unable to pay. We assist in filing claims, representing your interests in bankruptcy proceedings, and ensuring your rights as a creditor are protected.

The specific enforcement methods depend on the nature of the judgment and legal mechanism. Please consult with our lawyer.

 

Delaying action can lead to escalated conflicts into more complicated, exceeding the statute of limitation, increased legal costs, and potential damage to your business.

 

An expert witness provides specialized knowledge and testimony to support your case. They can help explain complex issues to the court and bolster your arguments with authoritative insights.

Litigation is a court-based process, while Arbitration is another legal forum, that involves neutral arbitrators who issue a binding decision. Arbitration is typically faster and more private but both parties shall mutually agree to settle the dispute into Arbitration and can be limited in scope of the legal disputes and legal remedy options.

 

Evidence is crucial in proving your case. This includes documents and witness testimony. Our lawyer assists in gathering and presenting evidence effectively to support your claim.

 

Non-compliance can lead to enforcement actions such as asset seizure or additional legal penalties. Our lawyers take necessary steps to ensure compliance with court orders and protect your interests.

 

Proper contract drafting helps prevent disputes by clearly outlining the rights and obligations of each party. We assist in drafting and reviewing contracts to minimize the risk of future litigation.

 

Yes, they must comply with local laws and legal procedures. We provide guidance and representation to navigate the Indonesian legal system effectively.

 

Contact our lawyer immediately to review the notice or summons, understand your legal obligations, formulate and develop the legal strategy. Prompt action is essential to protect your rights and interests.

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