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Notice Of Intent To Sue

Notice Of Intent To Sue Template for Indonesia

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Key Requirements PROMPT example:

Notice Of Intent To Sue

"I need to draft a Notice of Intent to Sue against a construction contractor who has abandoned our commercial building project in Jakarta, causing delays and additional costs of IDR 2.5 billion, with a deadline for response by March 15, 2025."

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Document background
The Notice of Intent to Sue (Surat Pemberitahuan Gugatan) is a crucial pre-litigation document in Indonesian legal practice that serves as a formal warning before initiating court proceedings. It is commonly used when attempts at informal resolution have failed and the aggrieved party is prepared to pursue legal action. The document must be drafted in compliance with Indonesian Civil Code (KUHPerdata) and Civil Procedure Code (HIR/RBg) requirements, containing specific details about the dispute, legal basis, demands, and response deadline. It's particularly relevant in commercial disputes, contract breaches, property matters, and other civil claims where formal notice is required or advisable before filing a lawsuit. The notice also serves as evidence of the sender's attempt to resolve the dispute amicably before resorting to litigation, which is often viewed favorably by Indonesian courts.
Suggested Sections

1. Sender's Details: Full name, address, and contact information of the party sending the notice

2. Date: The formal date of the notice

3. Recipient's Details: Full name, address, and contact information of the party being put on notice

4. Subject Line: Clear indication that this is a Notice of Intent to Sue (Surat Pemberitahuan Gugatan)

5. Factual Background: Detailed description of the events, circumstances, or breach that led to the dispute

6. Legal Basis: Citation of relevant laws, regulations, or contractual provisions that have been violated

7. Demand Statement: Clear statement of what is being demanded (compensation, specific action, etc.) with exact amounts if applicable

8. Deadline for Response: Specific timeline given to the recipient to respond or comply with the demands

9. Statement of Legal Intent: Clear statement of intention to pursue legal action if demands are not met

10. Closing: Formal closing including signature block and any required legal formalities

Optional Sections

1. Previous Communication Reference: Reference to prior attempts at resolution, used when there has been previous correspondence

2. Alternative Dispute Resolution: Proposal for mediation or other forms of dispute resolution, included when willing to consider alternatives to litigation

3. Calculation of Damages: Detailed breakdown of claimed damages, used when the dispute involves complex financial calculations

4. Witness Statement Reference: Reference to witness statements or third-party evidence, included when such evidence strengthens the claim

5. Legal Representative Details: Details of the attorney/law firm representing the sender, included when legal representation has been retained

Suggested Schedules

1. Evidence List: List of supporting documents and evidence that substantiate the claim

2. Timeline of Events: Chronological listing of relevant events leading to the dispute

3. Payment History: Record of relevant financial transactions or payment history if applicable to the dispute

4. Correspondence Log: Copies of previous relevant correspondence between parties

5. Damage Assessment: Documentation of losses or damages being claimed

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Banking and Financial Services

Real Estate and Property

Manufacturing

Construction

Retail and Commerce

Technology and Software

Healthcare

Energy and Resources

Transportation and Logistics

Professional Services

Insurance

Telecommunications

Agriculture and Forestry

Mining and Minerals

Education

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Executive Leadership

Operations

Finance

Commercial

Business Development

Contract Administration

Corporate Governance

Regulatory Affairs

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Risk Manager

Corporate Secretary

Business Unit Director

Contract Manager

Operations Manager

Project Manager

Commercial Director

Chief Financial Officer

Legal Counsel

Litigation Manager

Business Development Manager

Account Manager

Property Manager

Industries
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata - KUHPerdata): The fundamental law governing civil relationships, contracts, and obligations in Indonesia. It provides the basic framework for civil claims and legal remedies.
Indonesian Civil Procedure Code (Het Herziene Indonesisch Reglement - HIR): Sets out the procedures for civil litigation in Indonesia, including requirements for initiating legal proceedings and serving notices.
Law No. 48 of 2009 regarding Judicial Power: Establishes the framework for the judiciary system and legal proceedings in Indonesia, including jurisdiction and court authority.
Supreme Court Regulation No. 1 of 2008 on Court Mediation: Requires parties to attempt mediation before proceeding with litigation, which may need to be referenced in the notice of intent to sue.
Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution: Relevant if the dispute involves any arbitration agreements or alternative dispute resolution mechanisms that need to be addressed in the notice.
Law No. 40 of 2007 on Limited Liability Companies: Important if the dispute involves corporate entities, as it governs corporate legal responsibilities and proper service of notices to companies.
Teams

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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