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In Indonesia, including Bandung, the concept of class action litigation has been popularized by environmental and consumer protection cases. It is a legal instrument that allows a large group of people, who share common issues, to file a lawsuit collectively against an entity. This procedure is regulated under Indonesian Civil Procedure Law and also regulated on various sectoral regulations, such as Consumer Protection Law, Human Rights Court Law, and Environment Law.
A class action suit often involves intricate legal arguments and nuances that require the expertise of a skilled lawyer. Major corporations and entities usually hire top-tier defense lawyers; hence, you might need an experienced legal professional to stand a fair chance in court. Moreover, organizing a large group of claimants, assessing the merits of the case, gathering evidence, and arguing in court all require legal proficiency.
In Bandung, class action cases predominantly revolve around environmental and consumer protection issues. The governing laws for these are the Environment Law (Law No. 32 of 2009) and the Consumer Protection Law (No. 8 of 1999). These laws allow aggrieved parties to take collective action against entities causing environmental harm or violating consumer rights. However, these cases are often complex, warranting a deep understanding of both broad legal principles and specific provisions in the respective laws.
A class in a class action suit must demonstrate that they have suffered similar harm from the same entity's actions or policies. The court ought to acknowledge this class for the lawsuit to proceed.
The lead plaintiff, commonly the one who initiates the lawsuit, represents the interests of the group. Their responsibility includes coordinating with lawyers, collaborating on lawsuit strategy and potentially testifying in court.
While a successful class action suit may lead to compensation, it is not a guarantee for every class member. The court awards the compensation, and it may or may not decide to divide it equally among all members. Therefore, each member might receive different amounts.
Class action cases tend to be lengthy due to their complexity. Dependent on the case specifics and Indonesian legal system's efficiency, it could take months to years for final judgment or settlement.
Generally, the class hires a lawyer or a team of lawyers collectively. Individual members do not need to hire their own lawyers unless they wish to seek personal legal advice.
The Indonesian Legal Aid Foundation (YLBHI) and the Indonesian Consumer Protection Foundation (YLKI) can provide assistance and resources for those needing to partake in a class action suit. Additionally, The Indonesian Advocates Association (Peradi) can also be a useful resource for finding legal representation.
If you believe you have grounds for a class action suit, the first step is to consult a reputable lawyer or legal association. After discussing your case and gathering evidence, your lawyer will then decide the feasibility of the case. If deemed viable, your legal representation will guide you through the required legal procedures to organize a class and, if necessary, represent you in court.
