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:
Grounds for divorce in Indonesia may vary, it can include adultery, cruelty, abandonment, absence for a certain period, irreconcilable differences, etc.
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.
Termination due to health reasons is allowed only if the employee can no longer perform their job duties after receiving proper medical treatment. The employer must provide severance pay, long-service pay, and other rights, such as compensation for unused leave, in accordance with Government Regulation No. 35 of 2021.
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.
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.
Renewals must be processed before your KITAS expires. We recommend starting the process well in advance to avoid overstaying penalties.
What is Contract Drafting?
Contract drafting involves creating legally binding agreements tailored to the needs of the parties involved, ensuring all essential terms and conditions are clearly defined.
Why is contract review important?
Contract review helps identify potential risks, clarify obligations, and ensure that the contract aligns with your legal and business interests, preventing future disputes.
What should be included in a contract?
Key elements include the parties’ identities, terms of the agreement, rights and obligations, payment details, dispute resolution mechanisms, and termination conditions.
Do contracts in Indonesia need to be in Bahasa Indonesia?
Yes, under Indonesian Law No. 24 of 2009, contracts involving Indonesian entities must be drafted in Bahasa Indonesia. However, bilingual contracts are also common for international dealings.
How long does it take to draft or review a contract?
The timeframe depends on the complexity of the contract. Simple agreements can be handled in days, while more complex contracts may take longer due to negotiations or specific legal considerations.
Can I modify a contract after signing it?
Yes, contracts can be modified post-signature, but amendments must be agreed upon by all parties and documented in writing to be enforceable.
What are common mistakes in contract drafting?
Common mistakes include ambiguous terms, missing key clauses, overlooking applicable laws, and failing to address dispute resolution.
Do I need a lawyer for every contract?
While not legally required, consulting a lawyer ensures the contract is legally sound, protects your interests, and avoids potential pitfalls.
What happens if a contract term is violated?
If a contract term is violated, it constitutes a breach. The non-breaching party may seek legal remedies such as damages, contract termination, or specific performance, depending on the contract’s terms.
What are the risks of using template contracts?
Templates may not account for the unique aspects of your transaction or relationship, which can lead to gaps in protection or unforeseen legal risks.
Is electronic signature valid in Indonesia?
Yes, electronic signatures are legally recognized in Indonesia under the Electronic Information and Transactions Law, provided they meet certain requirements.
Can international contracts be governed by foreign law?
Yes, parties can choose foreign law to govern their contract. However, the contract must still comply with Indonesian law when it involves Indonesian parties or is executed in Indonesia.
What should I look for in a contract review?
Look for clarity in obligations, fairness in terms, compliance with Indonesian laws, potential risks, and whether your rights and interests are adequately protected.
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.
