Latest Articles
Implementation of Obscuur Libel and Error in Persona Demurrer
A demurrer is an objection or rejection of the claim’s formal legality and is not directly related to the merit of the case. Demurrer broadly includes the demurrer of the competency of the court and the demurrer in addition to the competency of the court. Both types of demurrers are still divided...
Legal Consequences for Illegal Streaming Sites
The rapid development of information and communication technology has made copyright piracy an area used by some people to profit. This makes Indonesia a haven for hijackers so that many Intellectual Property Rights holders are harmed even though supervision has been carried out on this matter. At...
The Meaning of Debt in the Supreme Court’s Decision
Based on our research of the Supreme Court's view regarding the meaning of debt, it appears that there are Supreme Court’s decisions that interpret debt from a broad perspective and there are Supreme Court’s decisions that interpret it from a narrow perspective. Therefore, below are several...
Understanding the Difference between Clemency, Amnesty, Abolition, and Rehabilitation
In media coverage we often hear that the president grant clemency, amnesty, abolition, and rehabilitation. What exactly is the difference between these terms? In this article we will discuss the different definitions of each of these terms and how to apply for them. Clemency Clemency is a pardon...
Security Guard – Satpam In Law Perspectives
At the end of 2019, a viral video circulated on social media about alleged abuse by the security guard unit (“Security Guard – Satpam”) to F, a 27-year-old mental hospital patient. This incident occurred at the Soeharto Heerdjan Mental Hospital (“RSJ Soeharto Heerdjan”), in Grogol, West Jakarta....
Foreign Investment in Indonesia
Indonesia is open for foreign to do business in Indonesia. Indonesian government has accommodated the foreign investment business activity by enacting an Investment Law Number 25 year 2007 (the “Investment Law”). This article would explain about general issues related to Foreign Investment in...
Deeper Understanding on Breach of Contract under Indonesian Law
Previously, we discussed about the difference between Breach of Contract and Unlawful Act. In this article we are going to dig deeper on Breach of Contract under Indonesian Law, specifically on the issues of what forms that constitutes a breach of contract, and when is exactly a party can be...
Shareholder’s (Un)limited Liability
One characteristic of an Indonesian limited liability company (Perseroan Terbatas) is the separation nature between the company itself and its shareholders. The shareholders are considered separated entities with the company. Further, the shareholders enjoy a limited liability in the company. This...
COVID-19 Pandemic and Force Majeure (Overmacht)
The Coronavirus Disease 2019 (COVID-19) has caused discourse about Force Majeure especially with regards to the performance of an agreement. The issuance of the Presidential Decree Number 12 Year 2020 regarding the Determination of Non Natural Disaster of the Outbreak of Corona Virus Disease 2019...
Consumer Protection in Indonesia
Consumer protection is a very important topic for the community, which incidentally is never separated from consumption activities. Implementing consumer protection is to connect various dimensions that have relationship and dependence between consumers, entrepreneur, and the government.[1] In...
Site Visit Examination (Descente)
The civil procedural code stipulates the types of evidences, the minimum limits and the strength of evidentiary. Article 164 HIR, 284 R.Bg and 1866 Civil Code states the details of evidence in civil procedural law, namely written evidence, witness evidence, allegations, confessions, and oaths....
The Implementation of In Dubio Pro Reo Principle
History and Definition In examining a case, the judge is bound to prioritize the application of the provisions of the law (statue law must prevail). Judges must look for, find, and determine whether there are provisions of the law that governs the issues on a case. So it is said that judges must...
Limitation to Board of Directors’ Authority and Corporate Approval for Company’s Transaction
The Board of Directors is the organ of a Limited Liability Company that has the authority to represent the Company (“Company”), both in or outside the Court. With this authority, it is to be understood that the Board of Directors has the power to bind the Company into an obligation with other...
Employment Agreement and Collective Labor Agreement
When a person is hired by a company, he/she will sign an employment agreement[1]. This employment agreement creates an employment relationship between the entrepreneur and the worker/labor. For an employment agreement to be valid, it must fulfill the following requirements: consent from both...
Summons of Defendants Domiciled Abroad
Before the hearing begins, the court will summon the defendant through a summons. If the defendant is domiciled in Indonesia, the summons is delivered directly to the defendant. However, what if the defendant is domiciled abroad? The procedure for summoning defendants domiciled abroad is...
Regulation on the Revocation of a Lawsuit under Indonesian Civil Law
The revocation of a lawsuit is not regulated in the HIR or RBG. However, a reliable legal guideline is needed so that the rights and interests of the parties, especially the defendant's interests, are not violated. Therefore, the legal basis guidelines that are considered valid for the revocation...
Criteria of Processed Food Label and Food Advertisement
When we buy food or drink that is processed in a certain way or method with or without additives, or known as processed food, there is some information on the product packaging. The information found on processed food packaging is known as processed food labels. A processed food label is any...
Contempt of Court in Indonesia
Do you still remember the incident of an Attorney who hit a Judge using a belt when the Judge was reading a decision in the Central Jakarta District Court? According to the news in the mass media, the Judge, who was a victim in the incident, made a report to the Central Jakarta District Police....
Retroactive Principle in Indonesia
The right not to be sued based on retroactive law is a human right which cannot be reduced in any circumstances as stipulated under Article 28 letter I paragraph 1 of the Indonesian Constitution Year 1945 (“1945 Constitution”): “Right to live, right not to be tortured, right not to be enslaved,...
Whether a Demurrer on the Competency Of Court Has to Be Decided First By the Court?
In civil litigation, it is often found that a defendant submits an absolute or a relative demurrer which in essence states that the court does not have the competence to examine the case, as well as requesting the panel of judges to issue an interlocutory decision on the matter. In this regard,...
Refusing the State to “Enter” the Bedroom
by: Fredrik J. Pinakunary Partner of the Fredrik J. Pinakunary Law Offices Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed (Martin Luther King Jr.). This phrase seems to represent the "struggle" of many people who demanded to revoke the Family Resilience...
Unlawful Act v. Breach of Contract
In the civil procedural law practice, an unlawful act claim is often submitted together with the arguments related to breach of contract. Therefore, it needs to be explained that a claim filed based on an unlawful act and claim filed based on breach of contract is based on two different legal...
Marital Agreement
The Constitutional Court of Indonesia has granted judicial review on Article 29 paragraph (1) of Law Number 1 of 1974 concerning Marriage (“Marriage Law”) through Decision Number 69/PUU-XIII/2015. Previously Article 29 paragraph (1) of the Marriage Law limits making nuptial agreements or division...
Punishment for Anyone who Hoards Goods in Time of Scarcity
Panic strikes the public after the Indonesian President announced that two Indonesian citizens were infected with coronavirus (COVID-19). After the announcement, many people were ‘hunting’ for drugs, antiseptics, and facemasks in pharmacies. Besides that, basic needs, such as rice and instant...
Understanding Immediately Executable Judgment
In a lawsuit, it is often found that a Plaintiff submits a request that allows the court to immediately give an executable judgment. This article will briefly describe it. In principle, the implementation of a decision or execution can only be carried out after a case has permanent legal force (In...
Child Custody After Divorce
The number of divorce cases in Indonesia always shows an increase every year. The reasons also vary, ranging from incompatibility, domestic violence, age differences, financial problems to the presence of a third person. Although a once-married couple is officially divorced and is no longer living...
Suing Foreign Parties in Court
The issue of suing is still an interesting thing to discuss. In this article, the author will discuss Article 100 Reglement op de Rechtsvordering (“RV”) which is usually used as the legal basis for filing a civil suit against a foreign party in a District Court in Indonesia. Article 118 (1)...
Definition of Arbitration and Legal Consequences of Arbitration Clause
Arbitration has become one of the dispute resolution forums that interest business people, in addition to court institutions which are generally the place or forum for dispute resolution. This article will discuss the definition and legal consequences of an arbitration clause in an agreement....
Typo on Article 170 of the Draft of Employment Law (Cipta Kerja)
A typo was suddenly famous after many parties protested against Article 170 Paragraph (1) of the Draft Employment Law which, in principle, violates the order of laws and regulations because the draft states that the Central Government has the authority to change the provisions in the Law through...
The Crisis of the Ministry of Environmental and Forestry versus WWF-Indonesia from Litigation Perspective
After working together since 1998, the Ministry of Environment and Forestry issued a Decree dated January 10, 2020, concerning the termination of its cooperation agreement with WWF-Indonesia. WWF-Indonesia is an independent institution of the WWF network and its affiliates, a global conservation...
The Criminal Act of Publishing or Spreading Fake News (Hoax)
At the beginning of 2020, Indonesians were bombarded by the news regarding Sunda Empire, a solidarity that has been active since 2017. Based on the news, Sunda Empire has around 1000 followers from West Java to Aceh. Their activity then was under surveillance and in the end, they’re processed...
Do Citizens Have the Authority to File Lawsuits For Alleged State’s Losses?
In a case or Citizen Lawsuit or Actio Popularis in the Central Jakarta District Court, the Plaintiffs argue that as citizens of the Republic of Indonesia, they have a legal standing and the authority or competence to file a lawsuit against several parties, including the Government of the Republic...
Understanding Actio Popularis or Citizen Lawsuit
This article will discuss a lawsuit concept known as the Actio Popularis Lawsuit or the Citizen Lawsuit. First of all, we will convey the understanding from the opinion of the Dutch Law Scholars, HRW Gokkel and N. Van Der Wal in his book titled "Juridisch Latijn", vierde druk Tjeenk Willink,...
Suspension of Detention
In the case of a person suspected of having committed a crime, the case of which is being investigated by the police, the police, in this case, the investigator or assistant investigator based on the order from the investigator, has the authority to detain the suspect. Detention is the placement...
Accused’s Testimony (Admission) in the Perspective of Criminal Law
After exploring admission in Civil Procedural Law, now we will review the topic of an accused’s testimony, or known as an accused’s admission. First of all, admission is not recognized in the Indonesian Criminal Procedural Law. A testimony, explanation or admission made by an accused in a trial,...
An Atheist Witness, How Does He/She Swear Before The Court?
In handling cases in court, sometimes we encounter situations where the person who will give testimony in a trial is an atheist. The following is an analysis of whether there is an obligation to recite oath or pledge for witnesses who are atheists or who do not have a religion in a trial at the...
Does Every Lawsuit Have to be Examined until the Merit of The Case?
If the plaintiff does not have the standing or qualifications to file a lawsuit, does the hearing examination need to continue to the merit of the case?If the same issue is also being examined by another District Court or is still at the level of Appeal to the high court or Appeal to the supreme...
Indonesian Civil Procedural Law in Practice
This article will explain the civil procedural law in practice based on the writer’s experience and observation. As we know that there are some steps or periods, those are pre-trial, trial and post-trial. Therefore, we will explain what is needed to be prepared in each of the steps. I. PRE TRIAL...
Purchase Order According to the Perspective of Indonesian Contract Law
First and foremost, it is necessary to understand that an agreement (or contract) or a sale and purchase binding obligation is a form of an agreement or named obligation (benoemde contract) which is regulated in Book III 5th Chapter of the Indonesian Civil Code (Burgerlijk Wetboek - “ICC” )...
Repudiation in a Contract
Termination of contract aims to bring both parties back to the state before the contract was entered into. If a party has received something from another party, either money or goods, then the money or goods must be returned as a result of the termination of contract. One-sided termination of a...
Dissenting Opinion in Indonesia
Based on Black’s Law Dictionary 9th Edition, the definition of dissenting opinion is: “An opinion by one or more judges who disagree with the decision reached by the majority. -- Often shortened to dissent. -- Also termed minority opinion.” Which, if translated into Indonesian, is the opinion of...
Witness Summon at the Investigation Level
There are several stages that must be passed before a criminal case is adjudicated in the court. These stages include pre-investigation, investigation and prosecution. Pre-investigation is the initial action to look for and find whether there is a criminal offense that occurred. Meanwhile, an...
Analysis Regarding Persons Under Superior Order and State-Owned Enterprises Subsidiary’s Loss Related to State’s Finance
The alleged corruption case related to Pertamina’s Participating Interest investment in Manta Gummy Block, Australia, in 2009, at first, dragged some names as suspects liable for causing state loss of 586 billion Rupiah. Among those names is the name Frederick ST Siahaan (Frederick Siahaan), an...
Copy of Court Decision, Can We Get It?
As a general public, there are times when we need a Court Decision. Either to research, read as a reference, or maybe we have a similar case with the previous case that already has a Court decision. In this global era, with everything that uses the internet, it is very easy to get a copy of the...
Evidence, Liability, and Human Rights in Aviation
On October 29, 2018, the world was again shaken with a very heartbreaking incident. Lion Air JT 610, which was scheduled to arrive at Pangkal Pinang at 7:20 am, lost contact shortly after taking off from Soekarno Hatta Airport, Tangerang. The plane carrying 181 passengers (178 adults and 3...
Airline Liability in Case of Flight Delay
Traveling by airplane is almost always the first choice. Besides being fast, using an airplane can make it easier for us to manage our time. But not every flight always goes according to plan. Sometimes we have to deal with flight delays, which might not be acceptable for some or even most people....
Fundamental Changes in the Execution of Fiducia Security after the Constitutional Court’s Decision
Are you in installments on a motorcycle or a car? Can leasing companies immediately execute a motorcycle or a car if the installments paid late? Did you know that the Constitutional Court has made significant changes to the execution of security in the event of delay or default from the buyer? On...
Lost Baggage and It’s Regulation in Indonesian Law
Lost baggage is not a new problem in Indonesia. The common thing we do when we find out our baggage is missing is to file a report to the airline. If you are lucky, the baggage will be returned, even though it requires an uncertain time, as the process can be fast or slow depending on the case....
Enforcement of Environmental Law in Indonesia
Introduction Legal protection for the environment in Indonesia is begun several years after the Indonesian independence, however, its legislation was scattered. Since 1982, in general, the legal protection of the environment in Indonesia has been formally established with the enactment of Law No....
Is A Foreign Advocate Allowed To Practice In Indonesia?
In today's global era, national borders seem to be non-existent. Someone from one country can easily work in another country. The type of work also varies, ranging from directors, teachers, cooks, to advocates. In this article, we will discuss specifically the regulation for employing foreign...
The Shifting Definition of Corruption Offenses
The Shifting Definition of Corruption Offenses In the beginning, the definition of corruption offense is regulated under Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning Eradication of Corruption ("Anti-Corruption Law"), Article 2 paragraph (1) which states: "Any person who...
Closer Look at Lion Air JT-610 Tragedy from Legal Perspective
A Closer Look at Lion Air JT-610 Tragedy from a Legal Perspective Concern over the tragedy of Lion Air JT-610 which fell on 29 October 2018 and deep sympathy from every component of the nation may be a source of consolation and strength for the families left behind. We continuously pray and hope...
The Company Obligation to Distribute Dividends to the Shareholders
Just recently, our client, a limited liability company (Perseroan Terbatas), was sued by one of its shareholders due to the reason that the company has never distributed dividends to him. Firstly, it is understood that the purpose of every person or party who establishes a limited liability...
Defamation, When Can You Complain?
Since the enactment of Law Number 11 Year 2008 on Electronic Information and Transactions as amended by Law Number 19 Year 2018 on Amendment to Law Number 11 Year 2008 on Electronic Information and Transactions (“ITE Law”) many incoming complaints and reports to the Police are using ITE Law....
Legal Right of Suspect – Miranda Rules
For those of you who enjoy Hollywood big-screen films, you must be familiar with the scene of arresting criminals by the police; the police often say the following: “You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for...
IATA Aviation Liability Reporter 2019
legal developments relevant to aviation legal liability, both the interpretation in Indonesian jurisdiction of the international aviation liability conventions and domestic aviation litigation Lately, the community, especially the legal heirs, has understood more about the rights and obligations...
Cutting the “Vein” of Corruption
Corruption is usually committed by a person who occupies a certain position and is intellectually capable to execute their intention, but first and foremost, money or asset is the “vein” that drives a person to commit it. Money, as the “vein”, streams blood in order to activate corruption; without...
Corruption: The Investment Enemy
In his second term as the President, President Jokowi will certainly boost investment as widely as possible in Indonesia. As a result, each of the relevant ministries and state institutions, particularly the Investment Coordinating Board (“BKPM”) is required to act in an innovative and creative...
