IntroductionWhat defence can a defendant make when a breach of contract is claimed? There is a rule of defence as a formal objection to a claim called "exceptio non adimpleti contractus", which is defined as an exception in a contract action involving mutual duties or...
Cost, losses and interest can be claimed if a party breaches a contract under the Indonesian Civil Code (ICC). It is possible to either claim the interest rate according to the law or determine the desired interest rate by reference to, for example, the credit...
A valid agreement is binding to the parties who made it. This is the principle of "pacta sunt servanda". Nevertheless, there are exceptions to this principle: judges may also consider the aspects of justice, appropriateness and balance. This article discusses an...
On 6 January 2022, the President of Republic of Indonesia issued an instruction on optimization of implementation of the national health security program to several ministers and institutions, among others to the Minister of Agrarian and Spatial Planning (“Minister of...
The Job Creation Law changes, sets new, removes some provisions stipulated in the housing and settlement area law, condominium law, construction services law, and water resources law. These four laws are packages that fall into the public works and public housing...
The sale and purchase provision is stipulated under Article 1457 Civil Code. It is defined as an agreement by which one party is bound to deliver a certain matter, for which the other party shall pay an agreed price. In a book that was written by Djaja S. Meliala,...
Learning Point Even though buildings without a Building Permit ("IMB") have been purchased by the buyer, and the buyer then apply a building permit for the building, the building still violates the law. The act of the Mayor rejecting the Plaintiff's application to...
Background of Enactment On 27 July 2018, the Government of Republic of Indonesia enacted the Government Regulation No. 36 of 2018 on Recordal of License Agreement on Intellectual Property (“GR No. 36 /2018”). This GR No. 36/2018 is the implementing regulation of laws...
Background Government of Republic of Indonesia recently issued Government Regulation No. 34 of 2017 regarding Income Tax on the Revenue of Renting out Land And/or Building (“Government Regulation 34/2017”). This regulation will come into force on 2 January 2018....