While the existence of an arbitration clause prohibits any party from filing the dispute to the District Court, Indonesian laws stipulate that any dispute related to bankruptcy can and must be settled before the Commercial Court
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Category: Dispute Resolution
Types of Dispute Resolution in Indonesia
In an attempt to accommodate specific needs of contracting parties, Indonesian law provides multiple methods of dispute resolution to ensure maximum effectivity and welfare.” In Indonesia, the methods of dispute resolution can be divided into two categories based on the method of dispute resolution carried out within the court of justice shall be referred to […]
Differences Between Negotiation and Mediation from Indonesia Dispute Resolution Law Perspective
“In general, alternative dispute resolution options can be grouped into two, one which uses assistance of a 3rd party and one which doesn’t. Mediation belongs to the first group, while negotiation belongs to the later.” It is commonly known that when two parties have a legal dispute, they could settle it in court. However, there […]
Mediation Process in Dispute Resolution
“Mediation process should conduct by the agreement of both parties, and if the agreement has been reached, it is final and binding for both parties to be carried out with good faith.” In general, mediation is a part of Alternative Dispute Resolution (“ADR”) which divided into 2 (two) types namely mediation inside the court and […]
The Substantial Things on the Personal Data Protection Law [Part 2]
“Personal Data Protection is aimed to ensure the right of citizens to personal protection and raise public awareness as well as ensuring recognition and respect for the importance of personal data protection” Previously, we have summarized the general information regarding the Subject, Types of Personal Data, Rights of Personal Data, Personal Data Controller and also […]
Preventative Measures against COVID-19 by E-court and Social Distancing
“Within the provision concerning court proceedings, SEMA 1/2020 states that cases related to civil matters, religious civil matters, and national administrative matters are encouraged to be conducted by utilizing e-litigation, or electronic court proceedings” Starting in the end of 2019, there has been an outbreak of diseases caused by the Coronavirus (“COVID-19”). On 11 March […]
Latest Update on Small Claim Court Settlement Procedure
“The most significant change is could be seen on Article 1 (1) of Supreme Court Regulation 4/2019 by increasing the maximum amount of the claim to IDR 500,000,000 (five hundred million rupiahs) where it is previously set at IDR 200,000,000 (two hundred million rupiahs)” On 20 August 2019, the Supreme Court issued Regulation No. 4 […]