Expertise: Arbitration & Dispute Resolution

Indonesia’s main legal framework is based on the civil law system, adopted from Dutch colonial law. This system is primarily founded on written laws and statutes, rather than case law or judicial precedent, which is more characteristic of common law systems. Indonesia also recognizes customary law and religious law. The primary sources of law include … Brief Look at the Legal Framework for Commercial Litigation in Indonesia

In the context of litigation in Indonesia, are there any rules governing the settlement process? Can parties keep settlement discussions confidential from the court? The presiding judge is mandated to oblige the parties involved in a case to undergo a settlement procedure (i.e., mediation) prior to the case examination. Should the attempt at settlement prove … Litigation in Indonesia: A Quick Look at the Settlement Process

Parties in Indonesia can challenge the court’s jurisdiction, which can be done by raising objections at the beginning of the legal proceedings in the form of an exception. These exceptions encompass:   Absolute competence, which challenges the court’s jurisdiction based on the subject matter of the case. For instance, if a defendant contends that the … Litigation in Indonesia: Challenging the Court’s Jurisdiction