Civil Lawsuit

Resolve Breach of Contract or Unlawful Act with a Claim Value Above IDR 500 Million

Concept of Dispute Resolution Through Civil Lawsuit Lawyer

Dispute resolution through Civil Lawsuit is the settlement of disputes between individuals or corporations in general courts for:

breach of contract, or
unlawful act

Claimed material (direct losses) & immaterial (liquidated losses) values can include:

damages
costs
interest.

There is no limit to the claim value that can be filed.

A breach of contract occurs when a person or company fails to fulfill obligations agreed upon in a contract or agreement.

An unlawful act occurs when a person or company engages in actions that violate the law & harm others.

If a person or company feels harmed by a breach of contract or unlawful act, they can file a Civil Lawsuit in a general court. The process begins with the submission of a claim, followed by a judge's examination.

During the examination stage, the judge will review the evidence & witness testimonies.

If the judge decides that Plaintiff has substantial grounds, Defendant will be required to fulfill their obligations or compensate for the damages caused by the breach of contract or unlawful act.

However, if the judge determines that the Plaintiff does not have substantial grounds, the claim will be dismissed. Subsequently, Plaintiff also has the right to file objections or appeals if dissatisfied with the judge's decision.

In dispute resolution through Civil Lawsuits, cassation rulings at the Supreme Court level are final & binding.

Therefore, the Plaintiffs & Defendants must prepare compelling evidence & understand the applicable legal regulations to win the case.

In addition ...

Civil Lawsuits can also be filed collectively by a number of people or companies with shared interests, an action referred to as a class action.

Conditions for Choosing Civil Lawsuit to Resolve Disputes

Significant Complexity & High Claim Values.
If the problem faced is more complex & the value of the claim submitted (material & immaterial) is more than IDR 500 Million, then a Civil Lawsuit becomes the more appropriate choice.
Abundant and Complex Evidence.
If the party filing the lawsuit possesses ample & intricate evidence, Civil Lawsuit can provide an opportunity to present all available evidence for thorough consideration.
Seeking a Comprehensive & Final Court Ruling.
If one desires a comprehensive & final court decision, Civil Lawsuit serves as a viable recourse since judges conduct detailed examinations & allow parties to present factual witnesses & expert testimony in ongoing cases.
Strategic Considerations.
Under certain conditions, the party filing a Civil Lawsuit (Regular) chooses to do so for strategic considerations after various peaceful efforts have been made but were unsuccessful. For instance, applying for a guaranteed seizure & requesting provisional decisions from the judge against the defendant during the trial.

Advantages of Dispute Resolution Through Civil Lawsuit

1

Substantial Damages Claims

Allows for claiming significant material & immaterial damages for breaches & unlawful acts committed by the defendant.

2

Asset Seizure

Can apply for a seizure of the Defendant's assets, not limited to collateral rights only.

3

Mediation Stage

Includes a mediation stage that can expedite case resolution if a settlement is successfully reached.

4

Legal Objections

Allows for the submission of legal objections if there are formal or material flaws in the lawsuit.

5

Comprehensive

Offers a more comprehensive approach in terms of evidence presentation & judicial assessment.

Timeline for Dispute Resolution Through Ordinary Civil Lawsuit

The timeline for resolving disputes through Civil Lawsuits generally depends on the complexity of the dispute. However, on average, it takes approximately 16 months:

First Instance Court - 5 months
Appeal - 3 months
Cassation - 250 days

The Role of CHP Law Firm as a Civil Litigation Attorney

Serving as a Civil Litigation Attorney, the CHP Law Firm holds the responsibility for:

Providing proficient legal advice
Conducting meticulous research
Devising effective legal strategies to fortify the case
Gathering evidence
Representing clients in court hearings
Lodging appeals or assisting in the execution of post-court verdicts.

CHP also plays a vital role in mediation between disputing parties, striving to achieve a peaceful resolution before reaching the trial stage.

In addition, CHP as a legal representative also performs administrative functions such as drafting lawsuits & legal responses.

Armed with this knowledge & expertise, CHP is instrumental in safeguarding the rights & interests of clients within the civil justice system.