CAN A SECOND RECONSIDERATION BE REQUESTED AGAINST THE DECISION OF A CIVIL CASE? WHAT ARE THE PROVISIONS?
Reconsideration is one of the extraordinary legal remedies submitted to the Supreme Court to review and annul a final and binding court decision. A reconsideration petition does not prevent the execution of a final and binding decision. Essentially, Article 24 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power and Article 66 paragraph...
Read MoreYOUR TRADEMARK IS IMITATED BY OTHERS, WHAT REMEDIES CAN BE PURSUED?
The definition of a trademark is stipulated in Article 1 paragraph 1 of Law Number 20 of 2016 concerning Trademarks (“Trademark Law”) which states that a Trademark is a sign that can be presented graphically in the form of an image, logo, name, word, letter, number, color arrangement, in 2 (two) or 3 (three) dimensions,...
Read MoreBE CAREFUL WHEN GIVING TESTIMONY IN COURT, PROVIDING FALSE TESTIMONY CAN SUBJECT YOU TO THE INDONESIAN PENAL CODE!
False testimony in court is given under oath according to one’s religion, in which the testimony is given truthfully and nothing but the truth as one of the pieces of evidence used by the judge to examine and adjudicate a case. If a witness gives false testimony in court, they may be subject to criminal...
Read MoreThings Debtors Should Know When the Bank Conducts Foreclosure (AYDA)
Based on Article 1 number 15 of Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Asset Quality Assessment for Commercial Banks, Foreclosure (“AYDA”) is defined as assets acquired by the Bank, either through auction or outside of auction based on voluntary surrender by the owner of the collateral or based on the authority to sell outside of...
Read MoreIF THERE’S A FAKE SOCIAL MEDIA ACCOUNT USING YOUR IDENTITY, WHAT ARE THE LEGAL IMPLICATIONS?
The creation of a fake social media account using another person’s identity, without their knowledge or consent, can be legally problematic. This falls within the purview of electronic information, as defined in Article 1, Paragraph 1 of Law Number 11 of 2008 concerning Electronic Information and Transactions, as last amended by Law Number 1 of...
Read MoreWhen a Company Declared Bankrupt? Here’s the Process and Its Impact!
Based on Article 1 number 1 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (“UU K-PKPU”), bankruptcy is a general seizure of all the assets of a bankrupt debtor whose administration and settlement are conducted by a curator under the supervision of a supervisory judge. To file for bankruptcy,...
Read MorePROVISIONS FOR THE REPLACEMENT OF BOARD MEMBERS IN A CLOSED LIMITED LIABILITY COMPANY (PT)
The definition of the Board of Directors is stated in Article 1 number 5 of Law No. 40 of 2007 concerning Limited Liability Companies (“Company Law”), which essentially states that the Board of Directors is the corporate organ authorized and fully responsible for managing the Company for the benefit of the Company, in accordance...
Read MoreYour 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...
Read MoreOSS-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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