Find out the regulation that adjusts the lawsuit of the class action in Indonesia.
The class action in Indonesia is quite prominent in the Indonesian legal system. The class action allows a person or a group of people to file the lawsuit to obtain the fair and efficient settlement of the claims that are being filed against the defendant, that causes the harm or loss.
To figure out the information about the class action lawsuit, what class action lawsuit is, how the lawsuit of the class action in Indonesia is formed, and the requirements needed in accordance with the Supreme Court Regulation (Peraturan Mahkamah Agung or Perma) No.1/2002 are explained below.
Definition of Class Action Lawsuit
The class action lawsuit can be defined as a legal procedure or action that is filed by a group of people against a defendant. The lawsuit of the class action in Indonesia is mostly designed for such a situation where a group of people feel or suffer from the similar harms because of the action of the defendant.
If you have the similar situation, you can join the class action to file the lawsuit to obtain the settlement or restitution from the defendant.
The Class Action Lawsuit in Indonesia
According to the Supreme Court Regulation (Peraturan Mahkamah Agung or Perma) No.1/2002, to perform the lawsuit of the class action in Indonesia, you need to have a representative and a great number of people with the same fact or legal basis among the representative of the group.
In Article 1 from the Supreme Court Regulation explains that the representative of the group is selected based on the same interest, i.e., suffering from damages that the other members suffer from.
The selected representative deserves submitting the petition and concurrently representing a group of more persons. Meanwhile, those who want to join becoming the members of the group in the class action in Indonesia must suffer from damages whose common interest is represented by the representative of the group before the court.
The Class Action Lawsuit Procedures
In accordance with the Supreme Court Regulation (Peraturan Mahkamah Agung or Perma) No.1/2002, the lawsuit of the class action in Indonesia must fulfill some requirements. They are:
1. The number of group members is big or consists of more than 10 people so that they can join to form a class action. The purpose of the class action is to avoid to file the lawsuit separately because filing the lawsuit separately does not seem effective and efficient if the members have the similar damage and interests against the defendant.
2. The events or the facts are similar and have the substantial similarity in the legal basis. Furthermore, the plaintiff or a group of members that forms the class action in Indonesia must have the same demand or claim toward the defendant.
3. The selected representative should have the honesty and is committed to protecting the interests of the ‘class’ members that are being represented.
Read the points in this regulation of the application of the class action lawsuit to protect the rights and interests of Indonesian society.
BP Lawyers can help you: We can asisst you in providing the best solution to the legal problem of your business or your company’s you can contact us via, e-mail ask@bplawyers.co.id or phone +62 821 1000 4741
0 komentar:
Posting Komentar