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DPC PERADI LUMAJANG
Lumajang, Indonesia

35 people in their team
English
DPC PERADI Lumajang is the Lumajang chapter of Indonesia's national association of advocates, bringing together 35 affiliate advokats who practice across the Lumajang region, providing professional advocacy and legal services under PERADI's ethical framework.The Muscab II meeting held in October...
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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 appropriate in Lumajang

A group may consider a class action when many people face harm arising from the same conduct or event and share key facts and legal issues. In Lumajang, possible settings include alleged damage linked to sand or stone extraction, pollution affecting a shared water source, or consumer losses from the same product or service.

Indonesia’s procedure requires the claim to define the group and its shared interests, and to identify suitable representatives. The Pengadilan Negeri Lumajang may be the right court if it has jurisdiction and venue, but the correct forum depends on the defendants and the remedy sought.

A class action is not automatically suitable just because many people have complaints. Where harm or legal issues differ substantially, separate claims or another complaint process may be more practical.

Why you may need a lawyer

Legal advice can help a group assess whether its claims meet the requirements and whether a class action is preferable to individual cases. A lawyer may be particularly useful when:

  • Residents near a river or water source allege that one activity caused similar pollution or losses across several villages.
  • Farmers or other residents allege that the same event or continuing activity damaged crops, land, or access to water.
  • Consumers in Lumajang report similar losses from the same product, seller, or service and need to establish shared legal issues.
  • Several residents allege that one project or activity caused similar environmental harm, but the responsible parties or evidence are disputed.
  • A proposed claim involves a government decision or public authority, raising questions about whether the dispute belongs in a general court or the administrative court.
  • The group needs to identify representatives, define who is included, preserve evidence, and explain notice and opt-out rights to affected people.

Local laws governing group claims

Supreme Court Regulation No. 1 of 2002 on Class Action Lawsuits sets out the procedure for representative group claims in Indonesian courts. It requires a clearly defined group, shared facts or legal grounds, and representatives who can fairly protect the group’s interests.

Law No. 32 of 2009 on Environmental Protection and Management, enacted on 3 October 2009 and amended, including by Law No. 6 of 2023, recognises a group’s right to bring an environmental claim under Article 91. The provision concerns people suffering the same environmental harm and allows one or more members to represent the group.

Law No. 8 of 1999 on Consumer Protection, effective from 20 April 2000, allows a group of consumers with the same interest to bring a class action under Article 46(1)(b). Which law applies depends on whether the dispute concerns environmental harm, consumer rights, or another legal issue.

Frequently asked questions

What is a class action under Indonesian law?

It is a lawsuit brought by one or more people representing a larger group with shared facts or legal grounds. The court considers whether the claim and proposed representatives meet the requirements in Supreme Court Regulation No. 1 of 2002.

How many people must be affected?

The regulation does not set a fixed minimum number. The group must be numerous enough that a representative claim is appropriate, and its members must share relevant facts or legal grounds.

Do all group members need to have exactly the same losses?

Not necessarily, but the claim needs common issues that justify handling it as a group. Differences in individual loss may affect how compensation is assessed and whether a class action remains suitable.

Which court handles a claim arising in Lumajang?

The Pengadilan Negeri Lumajang may hear a civil claim if it has jurisdiction and venue under the applicable rules. A challenge to a government administrative decision may belong in the administrative court instead, so the remedy and defendant matter.

Can residents bring a group claim over alleged environmental harm?

Article 91 of the Environmental Protection and Management Law recognises group claims by people who suffer the same environmental harm. The group still needs to establish a suitable class, representatives, and evidence supporting the alleged harm and its cause.

Can consumers bring a group claim against a business?

Article 46(1)(b) of the Consumer Protection Law permits a group of consumers with the same interest to bring a class action. A lawyer can assess whether a consumer complaint mechanism or individual claims would be more suitable for the specific dispute.

Do all affected people have to sign the initial lawsuit?

The procedure allows named representatives to bring the claim for a defined group. If the court accepts the representative procedure, group members must receive notice and an opportunity to opt out under the applicable rules.

What evidence should a group collect?

Keep dated photographs, receipts, medical or repair records, correspondence, and documents showing where and how each person was affected. For alleged environmental harm, independent sampling or expert analysis may be important, and evidence should be collected lawfully.

How long does a class action take?

There is no reliable fixed duration for every case. The court must address whether the representative procedure is appropriate, and notice, evidence, expert issues, and appeals can add time.

How much does it cost to hire a lawyer?

There is no single required fee for class action representation. Ask for a written agreement explaining legal fees, court charges, expert or evidence costs, how expenses are shared, and what happens if the case does not succeed.

Is a lawyer legally required?

Representation by a lawyer is not generally a condition for filing a civil claim, but a class action involves procedural and evidentiary requirements that can be difficult to manage. A consultation can help the group assess those requirements before filing.

Can I join a group claim that has already been filed?

First check the case’s defined group, court documents, and any official notice. Ask the representatives or their lawyer whether the alleged harm and dates fall within the class definition, and whether an opt-out deadline applies.

Official resources

  • Pengadilan Negeri Lumajang: Contact the court for public information about filing procedures, court schedules, and case records. It does not provide legal representation to either side.
  • Dinas Lingkungan Hidup Kabupaten Lumajang: Contact the local environmental office about environmental complaints, relevant local environmental information, and the appropriate channel for reporting suspected pollution or damage.
  • Mahkamah Agung Republik Indonesia, JDIH: Use the Supreme Court’s official legal documentation service to check the text of Supreme Court Regulation No. 1 of 2002 and other court regulations.

Next steps

  1. Within a few days, write down what happened, where it happened, when it began, and how each affected person’s experience is similar or different.
  2. Over the next one to two weeks, gather records such as photographs, receipts, correspondence, medical documents, and any official complaint responses. Keep copies and note who collected each item.
  3. During the same period, speak with affected people and identify potential representatives who can communicate reliably and act in the group’s interests.
  4. Within two to four weeks, consult an Indonesian civil-litigation lawyer about eligibility, the proper court, alternative complaint routes, limitation periods, and the likely evidence needed.
  5. Before hiring, compare written proposals from lawyers, confirm who will handle the case, and agree on fees, shared expenses, communication, and decision-making.
  6. After engagement, work with counsel to define the group, confirm the representatives, assess evidence and possible remedies, and prepare any required notices or court filings.

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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.

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