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Lexology Getting the Deal Through – Complex Commercial Litigation: Indonesia provides local insight into the litigation market and legal framework; pre-action considerations (including alternative dispute resolution); bringing and defending a claim; procedural steps; funding; costs; appeals; cross-border enforcement; the advantages and disadvantages of litigating in this jurisdiction; and recent trends.

Legal Framework Governing Commercial Litigation in Indonesia

Indonesia’s main legal framework is the civil law system that adopted Dutch colonial law while also recognizing customary law and religious law. Aceh is the only province in Indonesia that has implemented a religious legal system, referred to as Qanun.

In connection with commercial litigation, the civil law system in Indonesia heavily impacts litigation proceedings. Unlike in countries with a common law system, judges in Indonesia are not bound by legal precedent. Thus, each case before the Indonesian courts is examined on a case-by-case basis by taking into account its particular facts and merits.

There are three stages of litigation proceedings that can be brought to Indonesian general courts as follows:

  • the district court as the court of first instance;
  • the high court as the court of appeal; and
  • the Supreme Court as the cassation court.

Other than the general courts, the Indonesian legal system also recognizes specialized courts for certain commercial disputes. These include the (1) commercial court as the court that handles bankruptcies, suspension of debt payment, and intellectual property disputes; and (2) the industrial relations court as the court that handles employment disputes.

Excerpted from Lexology Getting the Deal Through – Complex Commercial Litigation, published by Law Business Research.

Find Lexology Getting the Deal Through – Complex Commercial Litigation: Indonesia here.

This publication is intended for informational purposes only and does not constitute legal advice. Any reliance on the material contained herein is at the user’s own risk. All SSEK publications are copyrighted and may not be reproduced without the express written consent of SSEK.

WRITTEN BY

SSEK
For further information, please contact:

Mahareksha S. Dillon – SSEK, SSEK
maharekshadillon@ssek.com

Mahareksha Singh Dillon has a broad practice that sees him handle a range of corporate matters. Mahareksha also is an active member of the firm’s dispute resolution team, mostly handling commercial disputes, bankruptcy, debt restructuring and complex litigation matters, including police investigations and immigration matters.

Mahareksha was part of the team that handled a high-profile case involving an international school in Jakarta, which encompassed civil litigation, criminal prosecution, and a dispute at the state administrative court. He led the SSEK team that helped an Italian public company that was the victim of cyber fraud recover funds seized by Indonesian law enforcement in the amount of EUR 3.6 million.

Prior to joining SSEK, Mahareksha worked at a boutique law firm in Jakarta, where he was involved in banking and general corporate transactions. He also was involved in a high-profile bank bailout in Indonesia, involving a corporate restructuring and asset recovery.

Mahareksha earned his Bachelor of Laws in 2009 from the University of Indonesia. In 2012, he received his Master of Laws (LL.M.) from Utrecht University in the Netherlands, majoring in law and economics.

During his bachelor studies, Mahareksha was actively involved in many student activities. He was on the Student Executive Body of the University of Indonesia Faculty of Law and was a member of many other organizations. He also helped organize numerous student events in both Jakarta and Utrecht.

Mahareksha is fluent in English and Indonesian. He is a member of the Indonesian Advocates Association (PERADI).

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