This article examines how Indonesian jurisprudence defines interest in determining legal standing within State Administrative Court disputes.
Legal Standing: Unpacking “Interest” in State Administrative Jurisprudence
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Litigation Law
Public Policy Principle in Contract Enforcement
Introduction Article 1337 of Indonesian Civil Code (ICC) stipulates, “A cause is prohibited if it violates the law or is contrary to good morals or public policy”. This provision is related to the previous provision, namely Article 1335 on the same subject matter....
Recognition and Enforcement of International Arbitral Award in Indonesia
The recognition and enforcement of international arbitral award in Indonesia is regulated on Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) and Supreme Court Regulation Number 1 of 1990 (“SCR 1/1990”). International...
Electronic Administration of Cases In Court
In response to the current development, the Supreme Court of the Republic of Indonesia ("MA") considers it necessary to administer court administration services effectively and efficiently, electronically. The consideration is realized by issuing the Indonesia Supreme...
Marital Agreement Recordation for Non Moslem
Since the issuance of Constitutional Court Decision No. 69/PUU-XIII/2015 ("CC Decision 69/2015"), a marital agreement can be made at the time of marriage ceremony, before the marriage ceremony, or during the marriage, that is legalized by the marriage registrar....
Supreme Court Produces Legal Formulations On Handling Of Civil Case During Plenary Meeting 2017
On 24 November 2017, the Supreme Court held an annual plenary meeting to discuss legal issues (question of laws) that are raised in each chamber of Supreme Court during 2017. To date, there are six chambers in the Supreme Court, such as chamber of criminal case,...
Indonesia Civil Law – Buyer’s Protection on Hidden Defect under Indonesian Civil Code
Background Despite of many risks that may happen in the sale and purchase of goods, hidden defect is one of the major risks that must be considered by the buyer, even before the buyer decides to purchase the goods. Hidden defect is mostly found after the sale and...
Indonesia Civil Law – Requirements and Guidelines of Application for Registration of Intellectual Property License Agreement
Background Ministry of Law and Human Rights (“MENKUMHAM”) issued new regulation namely Ministry of Justice and Human Rights Regulation No. 8 of 2016 on Requirements and Guidelines of Application for Registration of Intellectual Property License Agreement (“PERMEN”),...
The Settlement Procedure of Simple Claim
Background The Supreme Court of Republic of Indonesia Regulation No. 2 of 2015 on the Procedure of Simple Court Settlement ("Perma No. 2 of 2015") was issued to regulate the examination of simple claim in court. Prior to the issuance of Perma No. 2 of 2015, the...