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.
Lawyer Answers
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
Free • Anonymous • Expert Lawyers
Need Personal Legal Help?
Connect with experienced lawyers in your area for personalized advice on your specific situation.
Free consultation • No obligation
Related Legal Experts
Get personalized help from lawyers specializing in this area
All lawyers are verified, licensed professionals with proven track records