Seeking Legal Assistance for Debt Recovery Based on Signed Business Agreement in Indonesia
I have the signed contract (“Perjanjian Kerjasama”) and all evidence of communication and payment records. I would like to understand the legal options available under Indonesian law, including:
1) Whether the agreement is legally enforceable
2) The best strategy to recover the outstanding amount
3) Whether to begin with a formal demand letter (somasi), negotiation, mediation, or litigation
4) The estimated costs and timelines
5) Whether a success-fee arrangement is possible for this type of case
I am looking for a lawyer who can advise me and represent me if necessary. Please contact me via email if you are able to review the agreement and propose a recovery strategy.
Thank you.
Respuestas de Abogados
Law Offices Syapri Chan & Partners
GW Law Office
K-CASE Lawyer
Thank you for reaching out. Based on the information you shared, here are our preliminary views:
Enforceability of the Agreement
A Perjanjian Kerjasama signed by both parties is generally enforceable under Indonesian contract law, provided it meets the requirements of Article 1320 of the Civil Code. We will need to review the agreement to confirm its enforceability.
Best Strategy for Recovery
In most cases, the most effective approach is to begin with a thorough legal review followed by a formal demand (somasi). This often encourages settlement. If the counterparty remains unresponsive, we can proceed with negotiation or mediation, and consider litigation if necessary.
Somasi, Negotiation, Mediation, or Litigation
We typically recommend issuing a somasi first, as it formally establishes the breach and strengthens your legal position. Negotiation or mediation can be undertaken in parallel. Litigation is an option if the claim value is substantial and supporting evidence is clear.
Estimated Costs and Timeline
Costs depend on the complexity of the case and whether it proceeds to court. A somasi and negotiation process usually takes 2–6 weeks, while litigation may take 6–12 months at the first-instance level. We can provide a detailed fee proposal after reviewing the documents.
Success-Fee Arrangement
A hybrid fee structure may be available—typically a fixed fee for initial steps (review, somasi, negotiation) combined with a success fee upon recovery. We can discuss the structure once we assess the materials.
We will review them and get back to you with our proposed strategy and quotation.
K-CASE Lawyer
Dear client,
Thank you for reaching out. Based on the information you shared, here are our preliminary views:
Enforceability of the Agreement
A Perjanjian Kerjasama signed by both parties is generally enforceable under Indonesian contract law, provided it meets the requirements of Article 1320 of the Civil Code. We will need to review the agreement to confirm its enforceability.
Best Strategy for Recovery
In most cases, the most effective approach is to begin with a thorough legal review followed by a formal demand (somasi). This often encourages settlement. If the counterparty remains unresponsive, we can proceed with negotiation or mediation, and consider litigation if necessary.
Somasi, Negotiation, Mediation, or Litigation
We typically recommend issuing a somasi first, as it formally establishes the breach and strengthens your legal position. Negotiation or mediation can be undertaken in parallel. Litigation is an option if the claim value is substantial and supporting evidence is clear.
Estimated Costs and Timeline
Costs depend on the complexity of the case and whether it proceeds to court. A somasi and negotiation process usually takes 2–6 weeks, while litigation may take 6–12 months at the first-instance level. We can provide a detailed fee proposal after reviewing the documents.
Success-Fee Arrangement
A hybrid fee structure may be available—typically a fixed fee for initial steps (review, somasi, negotiation) combined with a success fee upon recovery. We can discuss the structure once we assess the materials.
K-CASE Lawyer
OPRICHTER Legal Network
Thank you for reaching out, we set out below our response for your easy reference
1. Enforceability of the Agreement
Yes, the Perjanjian Kerjasama is legally valid and can be used as strong evidence in any legal process.
2. Best Strategy to Recover the Outstanding Amount
We will first review the amount owed, the counterparty’s company profile, their assets, and whether there is any collateral. This helps us choose the best recovery method.
3. Somasi, Negotiation, Mediation, or Litigation
We will start with a formal demand letter (somasi). This is important to show whether the other party has good intentions to resolve the issue.
4. Estimated Costs
For the somasi and pre-litigation collection, our firm uses a success-fee system. Operational costs and location visits will follow a reimbursement system.
5. Success-Fee Arrangement
Yes, success-fee is possible for the pre-litigation recovery stage.
Thank you in advance.
Gratis • Anónimo • Abogados Expertos
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