Litigation in Indonesia: Initiating a Lawsuit

The determination of jurisdiction in which a claim is filed against the defendant depends on the nature of the claim, the location of the parties, and the subject matter of the dispute. Several considerations are taken into account when identifying the appropriate venue for filing such a lawsuit, including the following.

Domicile or place of business: jurisdiction is generally determined based on the defendant’s domicile or registered place of business. A lawsuit must be filed in the district court where the defendant resides or where the entity is headquartered.

Location of the disputed object: if the lawsuit concerns immovable property, the competent court is the one in the jurisdiction where the property is located.

Choice of forum: parties may also agree on a specific forum for dispute resolution, provided that it does not contravene public policy. Such agreements are typically respected by the courts unless there are overriding statutory requirements.

Nature of the claim: certain issues will need to be heard by certain specialized courts. For example, if the claim involves a civil matter such as an unlawful act (tort) or contractual dispute, the lawsuit must be filed with the relevant district court. Conversely, if the matter pertains to intellectual property disputes, the claim must be submitted to the commercial court, which has exclusive jurisdiction over such cases.

Initial Complaint

In Indonesian civil litigation, the initial document filed to initiate a lawsuit is the statement of claim (gugatan). This document is submitted to the competent district court and outlines:

• the plaintiff’s legal claims;
• the basis for jurisdiction;
• the facts of the case;
• the legal arguments; and
• the specific relief sought.

The plaintiff must clearly articulate the cause of action and substantiate their claims with relevant facts and laws.

A party is permitted to amend its statement of claim after it has been filed, provided that the other party has not filed its statement of defense. Any amendment after the statement of defense is filed must be approved by the other party and the court.

Excerpted from the Litigation 2025 Chambers Global Practice Guide, published by Chambers and Partners.

Read the full Indonesia chapter here.

Further reading:

Cross-Border Dispute Management: Focus on Indonesia

When Indonesian Counterparties Falter: Legal Remedies for Foreign Investors

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