Thumbprints can replace signatures under Indonesian law if notarized, with some cases granting them stronger evidentiary value.
Fingerprints as Signatures in Indonesia
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Contract
Non adimpleti contractus rule as defendant’s defence in court
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...
Determining interest rates: what will the courts decide?
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...
Court provides guidance on impact of principle of balance in contractual agreements
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...
BPJS Healthcare as Requirements of Application of Transfer of Land Rights and Condominium Units
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...
Housing and Settlement Law Post Job Creation Law
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...
Risks over the Land Sale and Purchase Agreement with the Right to Buy-back
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,...
Jurisprudence: Buildings Without Building Permit Sold to the Buyer
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...
The Record of License Agreement on Intellectual Property
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...