The Intent To Sue Letter is a crucial document in Indonesian legal practice that serves as a formal prerequisite before initiating litigation. It is required under Indonesian civil procedure to demonstrate good faith attempts at dispute resolution before proceeding to court. The document typically includes detailed facts of the dispute, legal basis for claims, specific demands, and a reasonable timeline for response. It's particularly important as Indonesian courts often look favorably upon parties who have made clear attempts to resolve disputes amicably before litigation. The letter must be drafted carefully to ensure it meets all formal requirements under Indonesian law and can later serve as evidence in court proceedings if necessary. It's commonly used in commercial disputes, contract breaches, property matters, and other civil cases where formal notification of intended legal action is required.
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1. Sender's Details: Complete name, address, and contact information of the party sending the letter
2. Recipient's Details: Complete name, address, and contact information of the party being put on notice
3. Date and Reference Number: Formal date and reference number of the letter for tracking purposes
4. Subject Line: Clear indication that this is an Intent to Sue Letter (Somasi)
5. Facts and Circumstances: Detailed chronological description of the events leading to the dispute
6. Legal Basis: Citation of relevant laws, regulations, and contractual provisions that support the claim
7. Monetary Calculation: Clear breakdown of the amounts being claimed, including any interest or penalties
8. Formal Demand: Specific actions required from the recipient to remedy the situation
9. Response Timeline: Clear deadline for the recipient to respond or comply with the demands
10. Consequences Statement: Statement of intended legal action if demands are not met within the specified timeline
1. Previous Communication Reference: Reference to previous attempts at communication or resolution, if any exist
2. Power of Attorney Reference: If the letter is sent by a legal representative, include details of the power of attorney
3. Alternative Resolution Proposal: Proposed alternative dispute resolution methods, recommended when there's potential for amicable settlement
4. Witness Statement Reference: Reference to witness statements or third-party confirmations if available and relevant
5. Reserve Rights Clause: Statement reserving the right to modify claims or add additional claims later
1. Supporting Documents: Copies of relevant contracts, agreements, or other documents that prove the claim
2. Payment Evidence: Proof of payments made, invoices, or financial statements relevant to the claim
3. Communication Records: Copies of previous correspondence, notices, or attempts to resolve the dispute
4. Damage Documentation: Photos, reports, or other evidence documenting any damages claimed
5. Calculation Details: Detailed breakdown of claim calculations including interest and penalties if applicable
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