Your Interests Are Harmed by State Administrative Decisions? Here’s the Legal Steps!

Referring to Article 53 paragraph (1) of Law Number 5 of 1986 concerning State Administrative Court as amended several times, lastly by Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court (“Law on State Administrative Court”) which states: “Individuals or legal entities who feel their...

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Is the Curator Negligent in Carrying Out His Duties? Or Does It Cause Losses? Here is the Curator’s Accountability for the Losses Incurred

The Curator, also known as the Estate Bureau of an individual, is appointed by the Court to manage and settle the assets of a Bankrupt Debtor under the supervision of a Supervisory Judge in accordance with the Bankruptcy Law. The Curator plays a role in the bankruptcy process, with the general task of managing and/or...

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Debtor Bankrupt Defaults on Peace Proposal? Here’s the Solution!

The Peace Plan or Peace Proposal is a document containing an offer to schedule the payment of debtor debts to creditors in a manner agreed upon beforehand. The peace plan/proposal or peace proposal is accepted if approved at the creditors’ meeting by more than half of the attending concurrent creditors whose rights are recognized or...

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OSS-RBA Has Been Effective for Three Years, Here Are Things That Businessman Must Pay Attention To!

On August 9, 2021, President Jokowi launched the Risk-Based Business Licensing System, which is more commonly known as OSS-RBA. However, after three years of OSS-RBA implementation, it appears that many business actors still do not fully understand the differences in business licensing between OSS-RBA and the previously applicable OSS 1.1. The first thing that business...

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Can the Minutes of Shareholders’ Meeting be Cancelled?

In accordance with Article 1 number 2 and number 4 of Law Number 40 of 2007 concerning Limited Liability Companies (“Company Law”), the General Meeting of Shareholders (“GMS”) is one of the Company’s organs that has authority not granted to the Board of Directors or the Board of Commissioners within the limits specified in the...

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May the Company hold a General Meeting of Shareholders outside the Company’s domicile?

Law Number 40 of 2007 concerning Limited Liability Companies (“Company Law”) explains that included in the Company’s Organs are the General Meeting of Shareholders, Board of Directors, and Board of Commissioners. The definition of the General Meeting of Shareholders (“GMS”) is stated in Article 1 number 4 of the Company Law, which is an Organ...

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Inheritance in Islam involves complexities when the deceased is Muslim but their spouse and children are of a different faith. Do they have inheritance rights?

The provisions regarding inheritance are regulated in the Compilation of Islamic Law (“KHI”) for heirs who are Muslims, commonly referred to as Islamic Inheritance Law. Meanwhile, for heirs who are non-Muslims, including Indonesian citizens of Chinese or European descent, they follow the inheritance rules in the Civil Code (“KUHPerdata“), customary law, or recognized religions in...

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HEIRS WISH TO RENOUNCE INHERITANCE, UNDERSTAND THE PROVISIONS AND PROCEDURES!

The provisions regarding inheritance are regulated in the Compilation of Islamic Law (“KHI”) for heirs who are Muslims, commonly known as Islamic Inheritance Law. Meanwhile, for heirs who are non-Muslims, including Indonesian citizens of Chinese or European descent, they follow inheritance rules in the Civil Code (“KUHPerdata”), Customary Law, or recognized religious laws in Indonesia....

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Can Megawati Soekarnoputri become an Amicus Curiae?

Amicus Curiae is a legal tradition from Roman law and practiced in the Common Law System. The concept of Amicus Curiae is that of a party providing its opinion relevant to the case. Indonesia also adopts Amicus Curiae with legal support under Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Authority:...

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