Muhammad Anas Fadli

1. (i) Claim comes from a dispute between two parties or more, whereas a petition is
only a request from one party for a certain matter. Judge's decision in the claim is
a verdict (putusan) while in a petition it is a determination (penetapan).

(ii) Default must come from an agreement, while tort claim does not have to come
from an agreement. The reference in default is the clause in the agreement itself,
while PMH can come from broader aspects such as decency and public interest.

2. a. Several key aspects to be considered by both parties including:

1. Making of Joint venture agreement (such as each party's responsibility,
board election, dispute resolution, etc.);
2. Investment regulation compliance, including maximum share ownership of
foreign parties and negative list;
3. License and permit required; and
4. Others aspects such as competition law compliance.

b. Company law has three organs, which the brief explanation of each role are:
1. General Shareholders Meeting has other authorities not given to the
Director and Board of Commisioner, such as appointing the Director and
the Board of Commisioner.
2. The director carries out the business activities of the company and
represents the company in law.
3. The Board of Commissioners supervises the business activities of the
company.

3. In business transactions, legal due diligence is a process to verify documents, information,

and/or action legal compliance with and/or information that has legal consequences. Legal
due diligence is a form of risk legal countermeasures. In addition, legal due diligence is a
form of duty of care in company management by the directors.

4. This regulation re-enacts the Job Creation Law with 'modifications' in several parts.
Several regulations, whether at the same level or below it, were made based on the Job
Creation Law so the enforceability of it can remain legally enforceable in Indonesia since the
Constitutional Court has verdicted the Job Creation Law as unconstitutional.
Sources:
1. Indonesia, Company Law as revised in Job Creation Law
2. Indonesia, Investment Law as revised in Job Creation Law
3. Indonesia, GR No. 5 of 2021
4. Yahya Harahap, Civil Procedure Law Concerning Lawsuits, Trials, Confiscations,
Evidence, and Court Decisions