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ARTICLE · 23 JANUARY 2012

Litigation Proceedings in Indonesia

Information on Basic procedures for civil litigation in Indonesia for foreign investors and contracting parties.

IndonesiaCorporate/Commercial Law

By MAKARIM & TAIRA S.

Introduction

This memorandum is intended to assist foreign investors and contracting parties in understanding the basic procedures of civil litigation in Indonesia.

Whilst civil litigation in Indonesia can be a complex and uncertain area for potential plaintiffs, it also has certain advantages over arbitration as a dispute resolution mechanism and should not be dismissed solely as a result of ignorance of how litigation is conducted in Indonesia. This memorandum, however, does not attempt to discuss any of the detailed procedural issues involved in undertaking litigation in Indonesia, nor does it refer to or give a critical appraisal of, any of the uncertainties, vagaries, costs or strategic issues which are often seen as being an inherent and important part of this method of dispute resolution.

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