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Class action law, also known as collective lawsuit law in Indonesia, allows a group of people with similar grievances against an entity to come together and file a lawsuit. This not only makes the process more efficient, but it also lessens the financial burden, as legal costs are shared among the claimants. Although relatively new, class action suits have been steadily increasing in Jakarta, particularly involving consumer protection, environmental damage, minority shareholder rights, and human rights violations.
You may need a lawyer for class action cases in various situations. If you believe you have been wronged as part of a larger group, for instance, due to faulty consumer products, environmental damage by a corporation, or if you're a shareholder affected by manipulative business practices, you may want to consider a class action suit. Additionally, if you've been served with a class action suit, a lawyer can help you navigate the complexities of the law, from filing a response, settlement negotiations, to representing you in court, if it comes to that.
The foundation of class action lawsuits in Jakarta, like in the rest of Indonesia, is the Indonesian Law No. 48 Year 2009 on Judicial Power and the Indonesian Civil Procedure Code (HIR/RBG). These laws stipulate that for a class action to proceed there needs to be a 'commonality of interest', meaning the complaint or issue is similar for all plaintiffs. It is also important to note that Indonesia does not operate on a precedence system, meaning each case is decided on its own merit and does not necessarily follow previous rulings.
In Indonesia, you technically can file a class action suit on your own, but it's generally not advised, due to the complexities involved in the legal processes. It's recommended to consult with a lawyer who specializes in class action lawsuits.
There's no fixed number stipulated in Indonesian law. However, a common consensus among legal practitioners suggests at least five people with similar complaints to proceed with a class action suit.
This is heavily dependent on the nature of the claim. A lawyer will help to determine the specific statute of limitations associated with your case.
If a class action suit is unsuccessful, typically, the plaintiffs cannot sue individually for the same issue. Consult a legal professional to understand all possible outcomes before proceeding.
In most cases, the legal cost is shared among the claimants. Sometimes, lawyers agree to get paid only if the case is successful, taking a percentage of the settlement.
For more in-depth information, consider approaching local organizations such as the Indonesian Advocate Association (PERADI), the National Commission on Human Rights (Komnas HAM), or the Indonesian Consumers Foundation (Yayasan Lembaga Konsumen Indonesia) that provide guidance and resources on class action suits.
If you think that you need assistance with a class action lawsuit, consider consulting a lawyer experienced in the area. They can evaluate your position and guide you on whether you have a valid claim, how to organize as a group, and the potential risks and rewards involved.
