Insolvency Test Concerning The Bankruptcy Law Bill (part 2)
The application of bankruptcy requirements as stipulated in Article 2 paragraph (1) of The Bankruptcy Law creates logical consequences and a domino effect
Capital Market Dispute Resolution in Indonesia
Capital market as one of the financial services sectors plays an important role in the development of the national investment sector, where the supply of capital provided by investors meets the demand of the securities issuers e.g. corporations, investment trusts, or domestic or foreign governments, that is, to finance their operations.
Litigation Funding & Its Existence in Indonesian Court System
Litigation or arbitration as a commercial litigation proceeding requires a massive amount of capital due to litigation costs. Such the facts prevent people who seek for justice from pursuing their claims. However, several countries have a mechanism for litigation financing or lawsuit lending, which is well-known as Litigation Funding.
Types of Construction Project Contract
A standard contract form does not of course fit all construction projects meaning that it may still demand necessary modifications in certain areas as per the needs of project owners and also that of other participants, such as contractors, sub-contractors, etc. However, a standard contract form is normally well understood by the related participants
Indonesian Tax Disputes and Litigation
Tax Court Law defines tax disputes as disputes on taxation between taxpayers vis a vis the official in charge as a result of an appealable order or claim against the tax court under applicable regulations, including claims against tax collection conducted by forced warrant.
Potential Disputes Under Common Construction Contract (2)
Here are the other areas of potential disputes that need to be noted, and how to avoid the disputes.
Potential Disputes Under Common Construction Contract (1)
This article is intended to overview the most common areas of potential disputes and the avoidance of disputes in the construction sector.
Debt Restructuring Agreements through PKPU (2)
By the end of July 2020, OJK had announced that Micro Small Medium Enterprises (“UMKM”) and corporate sectors had received debt restructuring with a total amount of IDR 776 trillion. In such cases, a debtor as a businessman has the freedom to decide whether to settle the dispute through the PKPU or litigation mechanism.
Debt Restructuring Agreements through PKPU (1)
From January to June 2020, reportedly, petitions for Suspension of Debt Payment Obligation (“PKPU”) have rapidly increased. The Case Tracking Information System (“SIPP”) of 5 commercial courts in Jakarta, Medan, Semarang, Surabaya, and Makassar has recorded 249 PKPU cases, an increase of 52,76% compared to the previous year with only 163 cases.
Most Causes of Disputes in Indonesian Mining Sector
There are many challenges in implementing the Mining Law and other regulations related to mining activities, particularly in disputes of ownership of shares in companies, overlaps of mining area, sale and purchase of mining commodities, mining service contracts, and investment failures.