Litigation & Bankruptcy

Legal issues in Indonesia cover a wide range, and sometimes unavoidable factors lead to legal litigation or dispute resolution through judicial institutions for complex problem-solving. Companies, as legal entities, are inevitably involved in such issues, sometimes addressing debt payment obligations through Debt Payment Obligation Postponement (PKPU).

Litigation

Civil Legal Remedies (Perdata)

In Indonesia, a civil lawsuit, known as "perdata," refers to legal proceedings that involve private disputes between individuals, entities, or organizations. These cases typically revolve around issues such as contractual disputes, property rights, family matters, and other non-criminal matters. Civil lawsuits are governed by the Indonesian Civil Code, and the resolution often involves monetary compensation or specific performance rather than criminal penalties.

Criminal Legal Remedies

In Indonesia, a criminal lawsuit, known as "pidana," involves legal proceedings against individuals accused of committing offenses against the state or society. These offenses can range from theft and assault to more serious crimes. The purpose of a criminal lawsuit is to determine the guilt of the accused and, if found guilty, impose penalties such as imprisonment or fines as a form of punishment.

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Industrial Relations Dispute (PHI) Assistance

In the context of industrial dispute resolution in Indonesia, the country has a structured system for handling disputes between employers and workers. The dispute resolution mechanisms often involve negotiation, mediation, and, if necessary, arbitration. This dispute, commonly known as Perselisihan Hubungan Industrial (PHI) in Indonesia may be carried out to a pre-determined court, as in accordance with the governed law. The Industrial Relations Court in Indonesia is a legal entity that handles cases related to industrial relations, including disputes between employers and employees. This court plays a crucial role in resolving conflicts and ensuring fair and lawful practices in the workplace.

Execution of Court Verdict/Order

The execution of a court verdict or order in Indonesia refers to the enforcement or implementation of the court's decision. Once a court issues a verdict or order, it becomes legally binding, and the parties involved are obligated to comply with its terms. Execution involves the practical steps taken to ensure that the decisions made by the court are carried out, which may include enforcing judgments, collecting monetary awards, or taking specific actions as outlined in the court's order. The execution process is typically supervised by court officers or enforcement authorities to ensure compliance with the legal rulings.

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Tax Court Assistance

In Indonesia, seeking tax court assistance involves filing an appeal, submitting relevant documents, and participating in court proceedings where both the taxpayer and tax authorities present their cases. The Tax Court issues a judgment, and if the appeal is successful, the tax authorities must comply with the court's decision, which may include adjustments to the tax assessment or refunds. It is crucial for individuals or businesses involved in tax disputes to seek guidance from legal professionals familiar with Indonesian tax law for an effective resolution.

Inheritance Resolution Assistance

Resolving an inheritance dispute in Indonesia typically involves consultation with legal professionals, considering mediation or family deliberation as an initial step, and, if necessary, filing a lawsuit with the district court. The court proceedings will assess the validity of the will, if applicable, and make a decision on the distribution of assets based on legal principles. Parties involved are obligated to comply with the court's judgment, which serves as the final resolution of the inheritance dispute. Engaging legal professionals early in the process is crucial to navigating the complex legal landscape and ensuring a fair and legally binding outcome.

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Bankruptcy Assistance

Bankruptcy Assistance

Assistance in a bankruptcy (kepailitan) case in Indonesia involves an initial assessment of financial distress, followed by the filing of a bankruptcy petition with the Commercial Court. Upon declaring bankruptcy, the court appoints an administrator to manage the company's assets, and creditors submit their claims for verification and prioritization. The administrator then oversees the distribution of remaining assets among creditors according to established legal priorities. Our team consists of legal professionals who specialize in bankruptcy proceedings. It is imperative for navigating the complexities of the process and ensuring compliance with Indonesian bankruptcy laws.

Debt Payment Obligation Postponement (PKPU) Assistance

Assistance in a PKPU case in Indonesia involves a company filing for the Suspension of Debt Payment Obligations with the Commercial Court, leading to the appointment of a supervisory team to work on a debt restructuring plan. The plan, once negotiated and approved by a majority of creditors, is implemented under the court's oversight. Legal professionals specializing in debt restructuring play a crucial role in navigating the PKPU process, ensuring compliance with regulations and facilitating successful negotiations for both the company and its creditors.

Debt Payment Obligation Postponement (PKPU) Assistance
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