Jakarta, May 2025. Leks&Co, a leading Indonesia dispute law firm, has successfully defended our client, PT Risland Sutera Property (part of Country Garden group of companies), a project owner as one of the Defendants, in a construction contract-related dispute with its contractor as Claimant. Our experienced team secured a favorable outcome in a cassation stage at the Supreme Court.
The dispute centered on construction contract with a valid arbitration agreement. Despite this, the Claimant initiated legal proceedings before the District Court. As Indonesia dispute lawyers on arbitration, we filed an absolute exception on jurisdictional grounds arguing that the dispute should be resolved through arbitration at the Indonesian National Arbitration Board (BANI). The district court and high court have decided that they do not have jurisdiction to try the dispute.
The Supreme Court, through Decision No. 540 K/Pdt/2025, upheld the decisions of the District Court and High Court number 214/Pdt.G/2023/PN.Jkt.Sel and 605/PDT/2024/PT DKI, confirming that disputes with arbitration agreements must be resolved through arbitration. This ruling reinforces the principle enshrined in Indonesia’s Arbitration Law and highlights the judiciary’s support for arbitration.
Our Dr. Eddy Marek Leks comments, “Even when other defendants in the case are not party to the arbitration agreement, the court may still decline jurisdiction if the subject matter is closely tied to a contract dispute that is subject to arbitration.” Dr. Leks was assisted by our Associate Fitri Nabilla.
Leks&Co is recognized by Legal500, asialaw, and Benchmark Litigation as a leading law firm in commercial dispute resolution. The firm provides litigation, arbitration, construction arbitration, and international arbitration services.
One client says “Leks&Co is a leading law firm specializing in real estate and construction, known for their exceptional problem-solving skills and reliability. Their partners and associates are highly responsive and supportive, providing clients with a sense of reassurance and confidence when navigating complex challenges and issues” Alya Batrisiya, Legal Manager of PT Risland Sutera Property.
You can look into our previous press release on the same subject matter here. If you have any queries, you may contact us through query@lekslawyer.com, visit our website www.lekslawyer.com or visit our blog.lekslawyer.com, real estate law blogs i.e., www.hukumproperti.com and www.indonesiarealestatelaw.com
