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.
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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
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
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
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