Posts Tagged ‘Courts’

Constitutional-Court

Indonesian Legal Review: Constitutional Law

By Nico Mooduto As of December 31, 2015, the Constitutional Court (the “Court”) had rendered 157 decisions. Of those cases, only 25 applications for judicial review were granted by the Court. This article focuses only on those applications that have been granted and then only on those judicial review decisions that reviewed the constitutionality of [...]

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Indonesian Legal Review

SSEK Legal Consultants has released its Indonesian Legal Review to offer an overview of recent developments in the Indonesian legal sector. The Indonesian Legal Review looks at recent developments in almost 50 sectors, providing insight into Indonesian legal and regulatory developments in these sectors, from Airports to Tourism. To read the Indonesian Legal Review, you [...]

Deal News

Defamation under Indonesian Law

By Michael S. Carl, Andini Dewi and Bambang Dhanisworo Defamation under Indonesian law involves the issuance of a defamatory statement that causes a person to suffer harm. The term “defamation” is often used to encompass both slander (penistaan) and libel (penistaan dengan surat). Defamation is governed in the Indonesian Criminal Code under Chapter XVI, which [...]

contracts

Indonesian Language Law from the Perspective of the Courts

By Miftahul Khairi Indonesia’s Language Law (Law No. 24 of 2009) took effect on July 9, 2009. It regulates the practices and procedures for using the Indonesian flag, emblems, national anthem and language. In 2013, the West Jakarta District Court issued a groundbreaking decision concerning the use of the Indonesian language in commercial agreements made [...]

Bankruptcy

Fee Guidelines for Administrators and Receivers in Indonesian Bankruptcy Proceedings

By Dewi Mayangsari and Dewi Savitri Reni Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payments (“Bankruptcy Law”) stipulates that the fees for Administrators and Receivers are decided after the bankruptcy or the Suspension of Debt Payment (Penundaan Kewajiban Pembayaran Utang or “PKPU”) is concluded. While there is some subjectivity in determining [...]

Rupiah

Corporate Liability for Corruption in Indonesia

By Michael S. Carl and Nico Mooduto Anti-corruption compliance is rightly a focus of companies operating in Indonesia. One of the more interesting questions for such companies, particularly foreign investment companies, is whether the company and/or individual company Directors can be prosecuted for corruption as a result of the actions of employees. Based on a [...]

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Legal Certainty and the Indonesian Telecommunications Sector

By Harry Kuswara A ruling by the High Court hearing the appeal in a closely watched case involving an internet service provider has done little to provide legal certainty for the sector and could force telecommunications companies to rethink their investment plans in Indonesia. In July 2013, the Corruption Court, in South Jakarta, issued a [...]

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Review of Indonesian Courts under the Supreme Court

By Mahareksha Dillon & Dewi Savitri Reni Article 24 of the Indonesian Constitution stipulates that two institutions have judicial authority in the country, namely the Supreme Court (Mahkamah Agung or “MA”) and the Constitutional Court (Mahkamah Konstitusi or “MK”). These two institutions are independent of one another. Law No. 48 of 2009 regarding Judicial Authority [...]