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Civil Lawsuit Settlement Agreement

Civil Lawsuit Settlement Agreement Template for Indonesia

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Civil Lawsuit Settlement Agreement

"I need a Civil Lawsuit Settlement Agreement for a property boundary dispute between two neighboring landowners in Jakarta, with a one-time settlement payment of IDR 500 million to be paid by March 15, 2025, including specific provisions for removing encroaching structures."

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Document background
The Civil Lawsuit Settlement Agreement is a crucial legal document used in Indonesian civil dispute resolution to formalize the terms of settlement between parties involved in civil litigation. This document becomes necessary when parties to a civil lawsuit decide to resolve their dispute through mutual agreement rather than pursuing a court decision. It must comply with Articles 1851-1864 of the Indonesian Civil Code (KUHPerdata) regarding settlement agreements (perdamaian) and relevant provisions of civil procedure laws (HIR/RBg). The agreement typically includes detailed settlement terms, releases, implementation procedures, and provisions for court validation. It's particularly important as it can be converted into a court decree (akta perdamaian) under Article 130 HIR, giving it the same force as a final and binding court decision. The document serves both as evidence of the parties' agreement and as a legally enforceable instrument under Indonesian law.
Suggested Sections

1. Parties: Identification of all parties involved in the dispute, including their full legal names, addresses, and any representation details

2. Background: Summary of the dispute, reference to the ongoing lawsuit (including case number), and court where the case is being heard

3. Definitions: Definitions of key terms used throughout the agreement

4. Settlement Terms: Detailed description of the agreed settlement, including any monetary compensation, actions to be taken, and timeline for implementation

5. Release and Discharge: Mutual release of claims related to the dispute and agreement not to pursue further legal action

6. Confidentiality: Provisions regarding confidentiality of the settlement terms and related discussions

7. Implementation: Specific procedures and timeline for implementing the settlement terms

8. Court Validation: Provisions regarding submission of the agreement to court for validation (akta perdamaian)

9. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdiction

10. Execution: Signature blocks, including space for parties, witnesses, and legal representatives

Optional Sections

1. Non-Disparagement: Additional provisions preventing parties from making negative statements about each other, recommended in high-profile or business-related disputes

2. Tax Implications: Section addressing responsibility for taxes arising from settlement payments, needed when significant monetary compensation is involved

3. Continuing Obligations: Any ongoing obligations between the parties post-settlement, relevant for business relationships that will continue

4. Third Party Rights: Provisions regarding the rights of third parties affected by the settlement, if applicable

5. Insurance and Indemnification: Provisions regarding insurance claims and indemnification, relevant when insurance companies are involved

6. Severability: Clause ensuring partial invalidity doesn't affect entire agreement, recommended for complex settlements

Suggested Schedules

1. Payment Schedule: Detailed schedule of settlement payments if payment is to be made in installments

2. Asset Transfer List: List of any assets to be transferred as part of the settlement

3. Related Court Documents: Copies of relevant court filings and case documents

4. Power of Attorney: If applicable, powers of attorney for legal representatives

5. Release Documentation: Specific release forms or additional documentation required for the settlement

6. Implementation Timeline: Detailed timeline for implementing various aspects of the settlement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Roles

Legal Counsel

Corporate Lawyer

Litigation Manager

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Chief Legal Officer

General Counsel

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Company Secretary

Claims Manager

Business Development Manager

Contract Administrator

Chief Executive Officer

Chief Financial Officer

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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