We are here to make navigating labor & employment dispute in Indonesia straightforward and stress-free. With our deep understanding of Indonesian labor & employment laws & regulations, and extensive experience labor & employment litigation, we have strong commitment to protecting your business and ensuring you stay compliant with all relevant laws. We represent the companies like yours in resolving labor & employment disputes through the entire spectrum of mediation, from Bipartite to Tripartite negotiations, and represent in the Indonesian Industrial Relations court to gain the most favorable outcome.
Indonesian Legal Procedures for Labor & Employment disputes litigation at a glance:
The Industrial Relations Court Proceedings involves several stages:
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.
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.
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.
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.
In the event of a Merger or Acquisition (M&A), employees’ rights and contracts must be maintained, or the new employer must negotiate new terms with the affected employees. Severance and compensation payments may be applicable if there are changes to the employment terms or if employees are terminated as a result of the merger.
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.
It is advisable to begin the renewal process 30 to 60 days before your KITAS expires to allow sufficient time for processing.
How long does it take to process a tax refund?
The processing time for a tax refund can vary. Generally, it may take few months, depending on the complexity of your claim and the completeness of your documentation.
Can I apply for a tax refund if I have unpaid taxes from previous years?
You may still be eligible for a tax refund even if you have unpaid taxes from previous years. However, the DJP may offset your refund against any outstanding tax liabilities. It’s important to address any unpaid taxes with the DJP to ensure a smooth refund process.
Is it possible to receive a tax refund in foreign currency?
Typically, tax refunds are issued in Indonesian Rupiah (IDR).
What is the deadline for applying for a tax refund?
There is generally a statute of limitations for filing a tax refund claim, typically within a few years from the end of the fiscal year in which the overpayment occurred. It’s important to file your claim promptly to avoid missing the deadline.
