INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief cannot be obtained on an ex parte basis. 6.4 Liability for Damages for the Applicant An applicant who obtains an injunction can be held liable for damages suffered by the respondent if the injunction is later discharged, especially if it is deter- mined that the injunction was wrongfully granted or caused undue harm. The liability of the applicant is based on the principle that the respondent should be compensated for any losses incurred as a result of the injunction if it was unjustified. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief is typically limited to assets within Indonesia. The Indonesian courts generally do not have the authority to issue injunctions that directly affect the worldwide assets of a respondent. 6.6 Third Parties and Injunctive Relief Injunctive relief cannot be obtained against third par- ties unless the third party is a party in the litigation proceeding. 6.7 Consequences of a Respondent’s Non- Compliance Failure to comply with a court decision is a report- able offence that carries criminal sanctions (Article 280 (1)(a) of the Penal Code). In practice, however, enforcement is still pursued through civil execution proceedings.
It must be noted that applications for injunctive meas- ures must be submitted in the lawsuit setting out the claims. It is not an ex parte process. In any event, injunctions are rarely granted in practice. One of the most common injunctive measures in Indonesia is provisional attachment ( sita jaminan or conservatoir beslag ). This measure is used to secure assets belonging to the defendant in order to prevent their dissipation during litigation. The purpose of pro- visional attachment is to ensure that the assets remain available for enforcement if the plaintiff prevails in the case. Assets that can be attached under this measure include real property, bank accounts, and movable property such as vehicles or equipment. Another applicable injunctive measure is sequestra- tion of disputed property ( sita revindicatoir ). This spe- cific form of attachment is used when the ownership of the property itself is in dispute. Sita revindicatoir is intended to preserve the property in question until the court resolves the issue of ownership. The issuance of these injunctive measures is subject to the following general requirements. • Urgency: The party requesting the interim measure must demonstrate a clear and present risk that the defendant may dissipate or hide assets, or that the subject matter of the dispute could be altered before a judgment is rendered. • Prima Facie Case: The plaintiff must present a prima facie case, demonstrating a reasonable likeli- hood of success on the merits of the case. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In principle, injunctive measures can be requested at any point before the panel of judges issues a ruling or prior to the execution of the judgment. However, these requests must generally be submitted and heard during the court’s official working hours. Indonesian courts do not provide for out-of-hours judges or emer- gency hearings outside of normal operating times.
7. Trials and Hearings 7.1 Trial Proceedings
The initiation of the litigation process occurs when the plaintiff files a lawsuit in the appropriate jurisdiction. The complaint must thoroughly detail the case facts, the legal basis for the claim, and the specific relief sought. Upon receipt of the lawsuit, the court issues a sum- mons to the defendant, notifying them of the litiga- tion and the date set for the preliminary hearing. It is
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