Introduction In recent times, the Badan Arbitrase Nasional Indonesia (“BANI”) has published its latest 2025 Arbitration Rules and Procedures (“BANI Rules”). Although the 2025 BANI Rules lacks a release date and does not explicitly specify an official effective date,...
INTRODUCTION The sale and purchase of property is a fundamental legal relationship in society. The significance of this transaction lies in protecting the rights of consumers and sellers, as well as ensuring legal certainty provided by the state. Every transaction...
Thumbprints can replace signatures under Indonesian law if notarized, with some cases granting them stronger evidentiary value.
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,...