Litigation

The definition of Litigation is the settlement process of a legal dispute and/or issues through Justice Institution, both in Civil or Criminal.


  • 1.1 CIVIL LAWSUIT

    Civil Lawsuit is a legal action/deed in the form of legal rights and interests prosecution that is filed to Justice Institution to get Verdict (Court Judgment) on the disputed issues.

    Our action in representing and/or accompanying our Client in filing a Civil Lawsuit is as follows:

    • Preparing the Power of Attorney (POA) for our Client interest in civil and/or criminal hearing, both as Plaintiff as well as Defendant;
    • Defend and retain the legal rights and interests of our clients during the civil or criminal hearing process;
    • Preparing arguments as well as relevant evidence to be delivered in hearing;
    • Reject and/or deny arguments that proposed by counterparty that is not in accordance with the applicable law.

    Civil Lawsuit types includes:

    • Law of Tort is act that contradicts with the applicable law and has caused damage to other party, as the result the guilty party who caused damage have to compensate for the damage (Vide Article 1365 of Indonesian Civil Code (ICC)).

      If such a thing happens, the legal action which can be done to the person/party is to file a Civil Lawsuit to the authorized District Court for further processing according to the applicable law.

    • Default/Breach of Contract is a condition where performance, or promise, or obligation set by the parties in an agreement/contract is unfulfilled.

      In the event of the Default/Breach of Contract (broken promises), the injured party can file Breach of Contract Lawsuit against the party who violated the agreement that has been agreed upon.

    • Agreement is a bond or legal relationship between the parties that have a deal regarding a certain thing. To be able to create an agreement that is legally valid, both parties should fulfil the requirements set by the applicable law.

      If there is an agreement that is not legally valid, the injured party can demand the cancellation of the agreement that has been made.

      Actions that can be done in demanding the cancellation of an agreements are:

      • Examine and/or Reviewing aspects of legal violation that might be contained in the related documents in the form of agreements or other forms of deal;
      • If legally possible then the next step is preparing relevant arguments for filing Cancellation of Agreement Lawsuit.
    • Divorce is one of the cause of termination of a marriage. According to the applicable law in Indonesia there has to be strong enough reason that the husband and wife cannot live peacefully together again to be able to do Divorce.

      Divorce can only be done through Court. For Moslem, The authorized court is the Religious Court (Pengadilan Agama). For non Moslem it is held through the District Court.

      In filing and/or rejecting Divorce Lawsuit, it is required to prepare legal arguments as well as relevant evidence which will be delivered during the hearing in front of the Panel of Judges who examined the case.

    • Community Property is every property acquired during the marriage. If there are Community Property Division disputes or conflicts, the legal action that can be done is to file a Lawsuit regarding Community Property Division.

      Community Property Division Lawsuit must be accompanied with relevant and legally valid evidence, which is filed during the hearing in front of the Panel of Judges who examined the case.

    • Child Custody is the rights of guardianship to a child or children that is given based on Verdict (Court Judgment) or decision of the court. Both party are obliged to proof arguments in front of Panel of Judges that examined the case.

    • Inheritance Law is law that regulate property transition from somebody that has deceased to his/her Heir. In Article 830 of Indonesian Civil Code (ICC) states that Succession shall only results from demise.

      According to Article 836 of ICC, an individual may become an Heir if he/she exists at the time that the inheritance becomes available. There is an exception clause as stipulated in Article 2of ICC which states that a child who are still in a womb of a woman is regarded as being born if the interest of the child is willing. Inheritance Law requires death of the Testator (the Deceased) and existence of the Heirs in order for the inheritance to happen.

      If a dispute occurs during the Inheritance division, the settlement can be done through the Court. The parties in dispute are legally required to proof the truth and validity of each of their own arguments, which then assessed by Panel of Judges through Verdict (Court Judgment).



    1.2 PETITION

    In principle a Petition is similar to a Lawsuit, the difference lies whether there is an element of dispute or not. A Lawsuit case always contains elements of dispute between the parties, however a Petition does not need to contain element of dispute. The legal product resulting from Petition is called Stipulation (Penetapan).

    Below are types of Petition that we can handle:

    • According to the Law No. 23 Year 2006 about Population Administration as has been amended with the Law No. 24 Year 2013 (UU Administrasi Kependudukan/Adminduk), where in Article 52 paragraph (1) states that Registration of a name change is done accordingly to Stipulation of District Court of the applicant.

      For those that need to change their name, with any reason whatsoever, can file an Addition Request or Alteration to the Court, and still following the applicable legal procedure and accompanied by legal arguments as well as relevant evidences.

    • Execution Petition of Verdict that has acquired status as Legally Binding (Berkekuatan Hukum Tetap/Inkracht Van Gewijsde) can be filed to the Court.

      Execution Petition is usually filed when the defeated party in the Verdict does not want to voluntarily implement the content of the Verdict. Assertive legal action and explanation of relevant arguments are required to handle the case.

    • Guardian Appointment Petition is a legal action where there are interests of minor (child under the age of 18) and single, where the interests include control and/or ownership of Inheritance.

      This type of Petition usually contains permission to sell and/or guarantee the Inheritance. Guardian Appointment Petition must be filed together with legal arguments as well as relevant evidence.

    • Petition for Adoption is a form of petition to the Court to adopt a child or children that meet the criteria of abandoned child, age below 18, are in family care or childcare institution, and in need of special protection.

      Not all parent candidates can file Petition for Adoption. According to the applicable law there are several requirements that must be fulfilled by the parent candidates to adopt a child/children, such as permission from the Minister and reports from local social worker.


  • Criminal Litigation is the settlement process of criminal law issue through the courts. Here we describe several types of Criminal Litigation:

    2.1 AS REPORTER/VICTIM

    • In reporting an allegation of a Criminal Act to the authorized Police, a Lawyer has the right to accompany his/her Client in the process of creating a police report.

    • After the Police Report, an Advocate/Lawyer will continue to monitor the report. This is a part of the professional responsibility as an Advocate to keep track of how far the report is processed.

    • Internal Police Examination is an effort in form of examining dispute process done by Investigator in order to address certain criminal act completely before filing to the Public Prosecutor/State Attorney. The purpose of Internal Police Examination is to search and find the criminal elements.

    • Legal Advisor or Advocate that has been given power by his/her Client has the right to accompany him/her during the process of Confrontation. Confrontation is a circumstance where both parties (Reporter and Reported) met to test the truth and approachment to all arguments of both parties, and the result will be wrote in Confrontation Examination Report (Berita Acara Pemeriksaan).

    • Pretrial is a trial by the District Court to examine the legitimacy of the arrest and detention, and the legitimacy of the termination of investigation or prosecution and the determination of Suspect.

      For Pretrial, you can refer to Article 77 - Article 83 KUHAP.

    • People Search List (Daftar Pencarian (DPO)) is a police term refers to list of people wanted or become a target of operation by the police. Generally, People Search List refers to two things, missing person and criminals.



    2.2 AS REPORTED / SUSPECT / ACCUSED / CONVICTED

    • During examination in the police, Advocate has the right to accompany his/her Client, and to acquire the files that relate to the interest of the client or the Principal.

    • Surety is the release of Defendant from detention temporarily. The detention stops by releasing the Defendant from the detention after the institution which detent the Defendant has set the conditions that the Defendant must met.

      Petition or filing of Surety refers to Article 31 Paragraph (1) Kitab Undang Undang Hukum Acara Pidana (KUHAP).

    • Internal Police Examination is an effort in form of examining dispute process done by Investigator in order to address certain criminal act completely before filing to the Public Prosecutor/State Attorney. The purpose of Internal Police Examination is to search and find the criminal elements.

    • Legal Advisor or Advocate that has been given power by his/her Client has the right to accompany his/her Client duringthe process of Confrontation. Confrontation is the conditions where both parties (Reporter and Reported) met to test the truth and rapproachment to all explanations of both parties, and the result will be wrote in Confrontation BAP.

    • Pretrial is a trial by the District Court to test the legitimacy of the action arrest and detention, and the legitimacy of the action of termination of investigation or prosecution and the determination of Suspect.

      For Pretrial, you can refer to Article 77 - Article 83 KUHAP.

    • Parole is petition filed for the release of an Inmate that has served at least two-thirds of his sentence and the period is not less than 9 (nine) months. In the implementation, Parole has to meet the substantive and administrative requirements.

    • Clemency is granting amnesty to the sentence imposed by the judge in form of erasing entirely, partially, or changing the nature/form of the sentence itself. Clemency is not a legal effort, but a prerogative right of President and is decided based on the subjective judgement of the President.


  • Administration Litigation is the settlement of a dispute caused by Government policy that considered violating the rights of society as citizen.

    The procedures and legal basis in Administration Litigation refers to Procedural Law Administrative Courts (Hukum Acara Peradilan Tata Usaha Negara (HAPTUN)).


    • Arbitration is the alternative settlement for business dispute that held or organized outside the Court. In this case, both parties can choose to settle it through Indonesian National Arbitrage Agency (Badan Arbitrase Nasional Indonesia (BANI)) or other Arbitrage Agency. The definition and the procedure for settlement through Arbitration refers to Law No 30 Year 1999 regarding Arbitration and Alternative Dispute Settlement.

      What we can do to help our Client in this case are:

      • Representing and/or accompanying Client in the process of business dispute settlement in the Arbitrage Agency; and
      • Drafting contract or business agreement that regulate the process of business dispute settlement through Arbitrage Agency.
    • According to Law No 8 Year 1999 regarding Consumer Protection (Consumer Protection Law), Consumer is every user of goods and services which are available in the society, for the interests of themselves, families, other people, and other living beings and not for sale.

      In Article 1 No 3 Law of Consumer Protection, Businessman is every individual or business entity, either in form of legal entity or non-legal entity that is established and located or does business activities in the jurisdiction of Indonesia, either alone or together through agreement conducting business in various economic areas. For dispute settlement between Consumer and Businessman, you can refer to the legal basis in Article 45 - Article 48 Law of Consumer Protection.

    • Trademark, Copyrights, Patent, and Industrial Designs, are parts of Intellectual Property Rights. If there is a dispute regarding the ownership Trademark, Copyrights, Patent, and Industrial Designs, it can be settled through Litigation, just like in filing the Cancellation of Trademark, Copyrights, Patents and Industrial Designs.

    • Individual Relationship Disputes (Perselisihan Hubungan Industrial (PHI)) is, a dispute that happens between employers with his employee in a corporate environment. The settlement of PHI is regulated in Law no. 22 Year 2004 regarding the Settlement of Individual Disputes.

    • According to Article 1 No. 1 Law No. 37 Year 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations (commonly referred as Law of Bankruptcy and PKPU), Bankruptcy is general Consfication of all the Bankrupt Debtor wealth, and the administration and curator supervised by supervisory judge does the settlement.

      Some of parties that involved in the Bankruptcy process are Creditor, Debtor, Bankrupt Debtor, Curator and Supervisory Judge.

    • Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang (PKPU)) is the period set by Court Verdict, so that the Creditor and the Debtor can deliberate regarding the ways of debt payment settlement. The legal basis of PKPU is in Article 222 Law of Bankruptcy and PKPU.

    • According to Article 1 No. 1 Law No. 5 Year 1999 regarding Prohibition of Monopoly Practice and Unfair Competition (Law of Monopoly), Monopoly is domination of production and/or marketing goods and/or uses of service by one or many businessmen.

      Unfair Competition is a competition between businessperson in running the production and/or marketing of goods or services that is done unfairly or against the law or anti-competition (Article 1 No 6 Law of Monopoly).

    • According to Article 1 paragraph 13 of Law No. 35 Year 2005 regarding Narcotics (Law of Narcotics), User or Addict is a person that use or abuse Narcotics and in the state of dependence on narcotics, both physically and psychology.

      Distributor is:

      • Any person without right or unlawfully produce, import, export, or distribute Group I Narcotics (Article 114 paragraph (1) Law of Narcotics);
      • Any person without right or unlawfully offer to sell, sell, buy, receive, become an intermediary in a transaction, or submit Group II Narcotics (Article 119 paragraph (1) Law of Narcotics); and
      • Any person without right or unlawfully offer to sell, sell, buy, receive, become an intermediary in a transaction, or submit Group III Narcotics (Article 124 paragraph (1) Law of Narcotics).
    • Bank Liquidation is the solution act of every asset and liabilities of the Bank as the result of license revocation and liquidation of legal entities of the Bank (Article 1 No. 12 Peraturan Lembaga Penjamin Simpanan Nomor 001/PLPS/2010).

      If there is a dispute in resolving the liquidity problem of the bank, it can be done with litigation through the Commercial Court following the rules according to Law No. 24 Year 2004 regarding Deposit Insurance Agency (Undang-Undang No. 24 Tahun 2004 tentang Lembaga Penjamin Simpanan (UU LPS)).

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