Corporate, shareholder and partner disputes
Shareholder disputes rarely begin as legal problems. They begin when the numbers stop being shared, a RUPS stops being called, or a partner starts treating the company as their own. This service is for shareholders and partners in an Indonesian company who have lost access, lost control, or want out — and for companies defending a claim of that kind.
What you get
- A written read of your Articles of Association, shareholders agreement, RUPS records and cap table — what rights you actually hold, not what you were told you hold.
- A standing assessment: which claims under UU 40/2007 are open to you at your shareholding, and which are not.
- A RUPS demand or formal demand (somasi) drafted and served, with the negotiation run from it.
- If it goes to court: the claim, the evidence plan, and representation at the District Court.
How it runs, step by step
| Milestone | Typical time | What happens / your part |
|---|---|---|
| Document review & strategy | 1–3 weeks | We review your Articles, SHA, RUPS records and cap table |
| RUPS demand / somasi + negotiation | 1–3 months | Push for a resolution or buy-out |
| Litigation (District Court) | 5–12 months | Oppression / derivative action / dissolution |
| Appeal / cassation | +1–3 years | A negotiated exit is far faster |
Typical total: Negotiated 2–6 months; litigated 3–5 years
Legal basis
| Aspect | Basis |
|---|---|
| Shareholder rights and standing to sue | UU 40/2007 Pasal 61, 97, 114; Pasal 138(3)(a); Pasal 146(1)(c) (no shareholding threshold) |
| Formal notice of default (somasi / ingebrekestelling) | KUHPerdata Pasal 1238 |
| Mediation is mandatory | Perma 1/2016 — skipping it sends the case back by interlocutory judgment |
Each basis above has been verified against the primary source and filed in the firm's dossier for this service. Points still under verification are not published here.
Common questions
I only own a small stake. Can I do anything?
Sometimes. Some rights under UU 40/2007 depend on holding a threshold of shares and others do not — a petition to wind the company up under Pasal 146(1)(c), for example, carries no minimum shareholding. Which door is open to you turns on the facts and on the Articles, so that is the first thing read.
Can I skip the negotiation and just sue?
You can file, but you cannot skip mediation. Perma 1/2016 makes mediation a mandatory stage of a civil case, and a case that bypasses it can be sent back by interlocutory decision. The negotiation happens either way — the only question is whether it happens before the filing fee or after it.
How long does this take?
A negotiated exit typically runs two to six months. A litigated one runs three to five years through appeal and cassation. Those are the ranges this practice plans around, not promises: court calendars are not the firm's to set.
Honest limits
Timings for a RUPS, a court listing, or any AHU step sit outside the firm's control; the ranges shown reflect 2026 practice and are indicative. This service does not include forensic accounting or company valuation — where a buy-out number is in dispute, an independent valuer is engaged and billed separately. Litigation is quoted separately from any retainer, and the fee is fixed in the engagement letter after intake.
Talk to the advocate
Tell us what you are dealing with on WhatsApp. That first message is intake and a conflict check — not legal advice. Advice happens in a booked consultation: Rp2.5 million for 90 minutes, credited against your fee if you retain the firm within 30 days.
Message on WhatsApp