HUSODO & PARTNERS

General Types of Lawsuits in Indonesia

Civil lawsuits in Indonesia, especially for commercial dispute, (generally) are regulated under Civil Code. In this matter, namely Breach of Contract and Tort Lawsuit that has different ground and mechanism.

Apart from these, actually there are many other types of lawsuits in Indonesia which more specific for certain cases, such as divorce, employment dispute. However, this article will only elaborate two types of lawsuits that the most common in Indonesia, as follows:

Trademark Protection and Dispute in Indonesia

Trademark protection is important part for business continuity of business practitioners. Trademark is the hallmark that distinguishes a business from its competitors. As interpreted under Law Number 20 Year 2016 concerning Trademarks and Geographical Indications (“Trademark and Geographical Indications Law”), trademark is a mark that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in two-dimensional form and/or three dimensions, sound, hologram, or a combination of two or more of these elements to distinguish goods and/or services produced by persons or legal entities in business transaction of goods and/or services.

Overview the Agreement under the Law in Indonesia

The agreement is constitutes as a legal basis to the parties who made it to conduct certain subject and specified action, wherein this certain subject or specified action are not regulate or prohibit under the law in Indonesia. Moreover, Article 1338 Civil Code clearly stated that the agreement is applied for the parties as a Law, and cannot be revoked unless it is agreed.

Generally, the main legal basis to make an agreement in Indonesia is regulated under Civil Code, but there are certain regulation according to object and necessary to make the agreement in Indonesia. For example, Employment Agreement is made by company and employee which should be obey to the Laws No. 13 of 2003 regarding Employment Law, also the marriage agreement should be obey under Laws No. 1 of 1974 regarding Marriage.

Employment Termination during COVID-19 Pandemic

Employment termination during COVID-19 will become primary choice for some companies, because COVID-19 pandemic certainly caused many business entities (companies) cannot operate business activities due to fears of spreading of corona virus and also because of government policy related to implementation of PSBB (large-scale social restrictions).

To handle this situation, many companies are decide for employment termination during COVID-19 Pandemic, on the reason that the company has no income to pay employees or to operate production process because there are no profits or even no business activities.

Business Contract Ended to Jail

Business contracts generally refer to the provisions of the Civil Code, which regulates in detail about the agreement, requirements of the agreement, and the legal consequences of cancellation of agreement.

The agreement contains the rights and obligations of the parties, where one party gives a right to another party. An agreement must fulfill the requirements as stated by Article 1320 of the Civil Code, as follows: