A Complaint Statement is a crucial legal document used to commence civil litigation in Indonesian courts. It must be drafted in accordance with the Indonesian Civil Procedure Code (HIR/RBg) and other relevant regulations, serving as the primary document that outlines the plaintiff's claims, legal arguments, and requested remedies. This document is essential when seeking legal redress through the Indonesian court system and must include specific elements such as party details, jurisdiction statements, factual background, legal basis, and prayer for relief. The Complaint Statement forms the foundation of the entire legal proceeding and determines the scope of the case, making it vital that it be comprehensive, accurate, and properly structured to meet all procedural requirements while effectively presenting the plaintiff's position.
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1. Header and Court Details: Specification of the court where the complaint is filed, including full address and jurisdiction
2. Plaintiff Details: Full name, address, and other identifying information of the plaintiff(s), including any legal representatives
3. Defendant Details: Full name, address, and other identifying information of the defendant(s)
4. Basis of Claim (Posita): Detailed factual background and legal basis for the complaint, including chronological events and applicable laws
5. Legal Standing: Explanation of the plaintiff's legal right to bring the action
6. Statement of Facts: Chronological presentation of relevant facts supporting the complaint
7. Legal Arguments: Analysis of how the law applies to the facts presented
8. Prayer for Relief (Petitum): Specific requests to the court detailing the remedies sought
9. Closing: Formal closing statement and signature block
10. Verification: Sworn statement confirming the truth of the complaint's contents
1. Request for Provisional Measures: Section requesting temporary or immediate court orders, used when urgent relief is needed
2. Jurisdiction Statement: Detailed explanation of why the chosen court has jurisdiction, used in complex cases or when jurisdiction might be challenged
3. Request for Security for Costs: Request for the defendant to provide security for potential costs, used in cases with foreign parties or significant financial implications
4. Alternative Claims: Presentation of alternative legal theories or relief requested, used in complex cases with multiple possible legal bases
5. Reservation of Rights: Statement reserving the right to amend or add claims, used in cases where additional evidence may come to light
1. Power of Attorney: Document authorizing legal representation
2. Evidence List: Numbered list of all supporting documents and evidence
3. Supporting Documents: All relevant documents referenced in the complaint, organized and numbered
4. Proof of Court Fee Payment: Receipt or proof of payment for court filing fees
5. Expert Reports: Any expert opinions or reports supporting the claims made
6. Translation Documents: Certified translations of any foreign language documents
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