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SUYUD
MARGONO & ASSOCIATES Law Firm Our lawyer also studies research and
duplicating the legislation histories, for instance of all the major Law
Practice. The staff and researcher regularly monitor legislative
development and circulates pertinent bills, committee reports and
hearing statements to interested lawyers.
They
are also compiles all speeches and policy statements issued
by either the department of justice or related to legal
issues
Whenever
possible, while client
confidences and identities are of course kept confidential, these
centralized files provide an important resource that often a voids the
expense of starting an legal research project or brief from scratch.
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Legal
System
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Indonesia
is constitutional Republic. Republic is based on five principles
of Pancasila : Belief in one supreme of GOD, just and civilized
humanity, united nation, Democracy guided by inner wisdom derived
by unanimous
agreement through consensus of People’s of Representatives, and
social justice throughout Republic (Preamble of Constitutions of
1945). Constitutions
of 1945 divides
state power into : legislative, judicative and executive.
Please see these documents for brief an
Indonesia Legal System and Civil Code stipulated in Indonesia :
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Judicial
System
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The Indonesian judicial system comprises
several types of courts under the supervision of the Supreme Court
(Mahkamah Agung). All
civil cases will be brought in the first instance before the
District/Lower Courts (Pengadilan Negeri), the daily court
of first distance. Its jurisdiction is as a rule that of the
Autonomous Region such as City or District (kota or kabupaten).
According to Law No. 14 of 1970, at least three judges are
required for each panel for the hearing or session to be declared
valid.
Please see these documents
for brief Judicial or Court System and its
Civil Procedure in Indonesia :
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Business
organizations
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There
are three models of partnership: persekutuan
perdata (maatschap
or private association), persekutuan
firma (venootschap onder
firma or firma, “FA”) and persekutuan
komanditer (commanditaire
venootschap, “CV”). The Indonesian Civil Code governs the
first type of partnership whereas the rest are governed by both
the Indonesian Civil Code and the Indonesian Commercial Code. It
is not easy to determine law tradition; however, the maatschap
and firma closely resemble the concept of a general partnership
under the common law system whereas the
commanditaire venootschap resembles limited partnership under
common law system.
Please see these documents
for brief documents Indonesia’s
commercial organizations :
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Contract
Law
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Indonesian contract law is governed by
two separate systems, namely modern legislation (including the
Indonesian Civil Code (“Civil Code”)) and Adat Law (“Customary
Law”).
Please see these documents
for brief documents Indonesia’s
Contract Law:
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Arbitration
&
Alternative
Dispute Resolution (ADR)
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Arbitration
which is regulated in this Law is a means of resolving a dispute
outside of the general courts pursuant to written agreement of the
parties to the dispute. However, not every dispute can be resolved
through arbitration, it is only with respect to disputes
concerning rights which according to law are fully controlled by
the parties to the dispute pursuant to their mutual consent
Please see these documents
for brief documents Indonesia’s
Alternative Dispute Resolution & Arbitration as commercial
dispute settlement mechanism :
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Investment
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Please see these documents
for brief documents Indonesia’s
Foreign Investment Regulation mechanism :
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Bankruptcy
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Basically,
like other bankruptcy system the parties in Indonesian Bankruptcy
Law are the debtors and the creditors with the receiver to assist
them in reaching settlement.
Please see these documents
for brief documents Indonesia’s
Bankruptcy Law :
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Secure
Transaction
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In Indonesia Hak Tanggungan (Indonesian
Security Right upon Land or Mortgage) and Fiduciary Security are
now two widely used forms of security, especially since both are
already regulated under Indonesian law with the implementation of
Law No. 4 of 1996 on Hak Tanggungan and Law No. 42 of 1999 on
Fiduciary Security (Undang-Undang Hak Tanggungan/ “UUHT”).
While Hak Tanggungan is only over immovable property, land and
land related object, the fiduciary security is designed to cover
moveable property either tangible and also immovable property that
can not be encumbered with the Hak Tanggungan.
Please see these documents
for brief documents Indonesia’s
Security Transaction Regulation mechanism :
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Real
Estate & Land Law
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The
basic principles and provisions of the present land tenure
structure in Indonesia can be found in the Basic Agrarian Law, Law
No. 5 of 1960 (BAL), which came into effect on 24 September 1960.
The nomenclature is a little misleading as the BAL does not only
regulate agrarian matters it also regulates Indonesia’s vast
natural resources including minerals, territorial waters, fish and
other marine resources, oil and gas, space, and almost all other
natural resources deemed critical to the ongoing national
development of Indonesia. Nevertheless, the BAL is generally
referred to as the Land Law.
Please see these documents
for brief documents Indonesia’s
Real Estate & Land and its regulation mechanism :
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Anti-Monopoly
Law
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Therefore,
the new government initiated a new regulation that regulated the
framework for competition and unfair business practices. The DPR
passed Law No. 5 of 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition (“Law No 5/1999” or
the “Anti-Monopoly Law”) on 5 March 1999. The primary
objectives of his law were to improve the efficiency of the
national economy in order to reach the desired levels of national
prosperity, to create an environment conducive for business, to
stop monopolistic and unfair trade practices, and to create both
efficacy and efficiency in business.
Please see these documents
for brief documents Indonesia’s Prohibition
of Monopolistic Practices and Unfair Business Competition and its regulation mechanism :
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Taxation
Law
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The
foundation of tax Law in Indonesia is the Constitution,
particularly Article 23A, which states, “Tax and other levies
which are characterized as compulsory for the needs of State are
to be regulated by law.
Please see these documents
for brief documents Indonesia’s
Taxation :
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