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Kantor Hukum Yustisia Laksana
Office in Surabaya, serves Gresik, Indonesia

Founded in 2024
11 people in their team
Indonesian
English
Kantor Hukum “Yustisia Laksana Attorneys & Counsellors at Law" menangani berbagai perkara hukum secara umum (pidana, perdata, perseroan, bisnis, tata usaha negara, dan keluarga, dll.) melalui litigasi maupun non-litigasi. Kami memberikan pendekatan yang berbeda: mendengarkan tanpa menghakimi,...
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Indonesia Class Action Legal Questions answered by Lawyers

Browse our 4 legal questions about Class Action in Indonesia and read the lawyer answers, or ask your own questions for free.

Can residents file a class action lawsuit against a local factory causing river pollution in Indonesia?
Energy, Environment & ESG Class Action
A local manufacturing plant has been dumping untreated chemical waste into our village river, affecting over two hundred households with water contamination and health issues. We want to join together to demand financial compensation and an environmental cleanup order from the court. Do we need every single affected person to... Read more →
Lawyer answer by MSP Law Office

Thank you for your question. We understand that the issue concerns whether residents affected by river pollution caused by a local factory can jointly file a lawsuit to claim compensation and request environmental restoration. Under Indonesian law, residents do not...

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1 answer •
How can we file a class action lawsuit against a property developer in Jakarta for failing to deliver our apartment units on time?
Real Estate Class Action
Over fifty of us bought units in an apartment building in South Jakarta, but construction has been completely halted for over two years. The developer keeps ignoring our refund requests and making excuses. We want to know if we can band together to sue them under Indonesian class action regulations... Read more →
Lawyer answer by MSP Law Office

Thank you for your question. We understand that more than fifty apartment buyers in South Jakarta are experiencing losses because the property developer stopped construction for more than two years, failed to deliver the apartment units, and ignored refund requests....

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1 answer •
Can we start a class action in Indonesia over a fintech app leaking customer data?
Class Action
A fintech app used by thousands of people in Indonesia had a data breach and many users are getting fraud attempts. The company’s response is unclear and individual complaints feel ineffective. Can we combine claims, and what proof and steps are needed to file a class action?
Lawyer answer by Law Offices Syapri Chan & Partners

I'll try to answer your questions: As a lawyer in Indonesia, I will try to help you, but you must provide me with the following information: 1. Who are the names of the fintech customers? 2. What is the address...

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1 answer •

When a group claim may be the right route in Gresik

A class action is a court claim brought by one or more representatives for a larger group whose members share important facts and legal issues. In Gresik, possible disputes may involve alleged pollution affecting nearby residents or coastal livelihoods, or consumer losses arising from the same product or service.

Industrial activity, ports, and coastal communities can make the source and spread of an alleged harm important issues. A lawyer can help identify the responsible party, define the affected group, assess evidence, and determine whether the Gresik District Court or another court is the proper forum.

Not every dispute affecting several people qualifies. Indonesian procedure requires a sufficiently numerous group, shared facts or legal grounds, and a suitable representative; the court also examines whether the case may proceed as a class action.

When a lawyer can help with a group claim

  • Residents say smoke, dust, wastewater, or another alleged discharge from an industrial or port-related activity has affected multiple households. A lawyer can help preserve evidence and assess whether the affected residents have sufficiently common claims.

  • Fishing or coastal households report similar losses following an alleged pollution event near Gresik's shoreline. Legal advice can help distinguish shared issues from individual losses that may need separate proof.

  • Several consumers in Gresik report the same defect, misleading representation, or billing practice involving a product or service. A lawyer can assess whether their interests and legal grounds are sufficiently aligned.

  • A group has evidence but no clear representative, or members disagree about who should represent them. Counsel can help assess representative suitability and establish a clear class definition.

  • A company or public body disputes responsibility, the geographic scope of harm, or the number of affected people. Counsel can organize records, identify relevant experts, and prepare for the court's preliminary review.

  • Potential claimants are considering individual lawsuits instead. A lawyer can compare the practical advantages and risks of a group proceeding, including whether individual circumstances could make a class action unsuitable.

Indonesian laws and procedure relevant in Gresik

Supreme Court Regulation No. 1 of 2002 on Class Action Procedures sets the court procedure for representative group claims. It provides for a preliminary examination of whether the case may proceed as a class action, notice to group members, and an opportunity for members to exclude themselves.

Law No. 8 of 1999 on Consumer Protection, effective one year after its promulgation on 20 April 1999, recognizes group consumer claims where consumers share the same interest. It may be relevant when people in Gresik suffer similar losses from the same product or service.

Law No. 32 of 2009 on Environmental Protection and Management, promulgated on 3 October 2009, recognizes environmental class actions by people who suffer from the same environmental harm. Its current application should be checked against later amendments, including amendments made through the Job Creation legislation.

Frequently asked questions

What is a class action under Indonesian law?

It is a claim filed by one or more representatives for themselves and other people with sufficiently similar facts or legal grounds. The court must decide whether the case meets procedural requirements before it proceeds as a class action.

How many people are needed to bring a class action?

There is no fixed minimum number in the procedure. The group must be numerous enough that handling every claim individually would be impractical, and members must share key facts or legal grounds.

Do all group members need the same amount of loss?

No, but their claims must have sufficient commonality for a representative proceeding. Differences in individual losses may affect how compensation is assessed and whether the proposed group is properly defined.

Who can act as the class representative?

A representative must be a member of the affected group and have a claim consistent with the group’s claims. The court considers whether the representative can fairly and adequately represent the group.

Can a class action be filed in Gresik?

A dispute connected to Gresik may be brought in the Gresik District Court if Indonesian jurisdiction and venue rules support that choice. The proper court can depend on the defendant, the subject matter, and the applicable procedural rules.

What happens before the court accepts the case as a class action?

The court conducts a preliminary review of the proposed group, shared issues, representative, and other procedural requirements. If the case is allowed to proceed, group members must receive notice and an opportunity to exclude themselves.

Can a person opt out of the group?

Yes. The class action procedure provides an opportunity for members to exclude themselves after receiving notice. A person considering this choice should obtain advice promptly because the notice will set the relevant process and deadline.

How much does a class action lawyer cost in Gresik?

There is no single standard fee for this work. Ask for a written explanation of professional fees, court expenses, evidence or expert costs, and how costs will be shared among representatives or group members.

How long does a class action take?

The duration depends on the preliminary review, service and notice, evidence, hearings, and any appeal. A case can take many months or longer, so a lawyer should provide a case-specific estimate rather than promise a fixed completion date.

Can people bring individual lawsuits instead?

Yes, individual proceedings may be more suitable where claims or evidence differ substantially. A lawyer can compare that option with a class action and explain how choosing one route may affect the others.

What evidence should potential group members keep?

Keep dated photographs, correspondence, invoices, product records, medical or business records, and details of when and where the harm occurred. For alleged pollution, avoid collecting samples without qualified guidance because handling and testing can affect their evidential value.

Official resources in Gresik and Indonesia

  • Gresik District Court (Pengadilan Negeri Gresik): The court handles civil cases within its jurisdiction and can provide official information about filings and court procedures.

  • Environmental Agency of Gresik Regency (Dinas Lingkungan Hidup Kabupaten Gresik): The local environmental authority handles environmental administration and can direct residents to relevant reporting or complaint procedures.

  • National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional): This national body provides consumer-protection information and carries out consumer-protection functions; it does not replace a court or private legal advice.

Steps to find and hire a class action lawyer

  1. Within a few days, preserve records. Collect documents and create a dated account of the event, affected locations, people involved, and losses. Ask others to keep their own original records.

  2. Over the next one to two weeks, identify potential group members. Record how each person was affected and where the experience is similar or different. Do not publish sensitive personal information unnecessarily.

  3. Arrange initial consultations. Look for an advocate authorized to practise in Indonesia and ask about experience with representative group claims, environmental or consumer disputes, and proceedings in the relevant court.

  4. Ask the lawyer to assess eligibility and forum. Request an explanation of the proposed class definition, common issues, representative suitability, evidence gaps, limitation concerns, and whether individual claims may be better.

  5. Compare written fee proposals before hiring. Confirm professional fees, likely disbursements, who pays them, how decisions will be made, and how the lawyer will communicate with representatives and group members.

  6. Review and sign a written engagement agreement. Confirm the scope of work, authority given to the representative, confidentiality arrangements, and how members will receive updates and any required court notice.

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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.