Figure out the time and the qualifications of the class action in Indonesia before filing the class action lawsuit.
If a group of community or class members could not demand the compensation from the losses or harms they suffer from, the class members or a group of community through a representative could file the statement of claim of the class action lawsuit against the defendant. To file the lawsuit of the class action in Indonesia, the representative needs to know some qualifications.
When is the Class Action in Indonesia Used?
When it comes to file the class action lawsuit, there is certain condition and situation where you can file. The lawsuit of the class action in Indonesia is appropriate when the claim of the damage for the individual lawsuit is small. By filing the lawsuit as the class members, the representative and the members will have the opportunity to ask for the legal service and hire the lawyer. The lawyer will file the lawsuit and obtain the compensation or the restitution from the lawsuit for the members.
What Qualifies as a Class Action Lawsuit?
There are four qualifications that need to be fulfilled for filing the lawsuit of the class action in Indonesia. They are:
When it comes to the class action in Indonesia, those who file the statement of claim of the issue should cover the rights of many people or a group of community. The members should consist of more than 10 persons when the representative wants to represent the group members. When each member files his own statement of claim, its lawsuit will be ineffective and inefficient.
Commonality means there are similarities of the question of fact and the basis of the substantial question of law between the representative of the group and the members of the group.
Typicality in the class action in Indonesia can be defined as the similarities of the demands between the representative of the group and the members of the group. This type of qualification does not absolutely require the plaintiff to have the equal compensation claim from the lawsuit filing. In this case, the plaintiff could not obtain the same compensation for the health recovery. Each person has the different level of the illness he suffers from.
4. Adequacy of Representation
This type of qualification focuses on the selection of the appropriate representative that can represent the voice of the members of the group. The representative should fulfill some qualifications. They are:·
- The representative must have the same question of fact and the basis of the substantial question of law with the represented group,·
- The representative must possess strong evidence,·
- The representative must be honest,· The representative must possess the sincerity to protect the interests of the members of the group,·
- The representative must have the attitude, in which he would not prioritize his own interests instead of the interests of the members of the group,·
- The representative should be able to cover up to pay for the court fees in the court.
In conclusion, by figuring out the time and the qualifications of the lawsuit of the class action in Indonesia, you can proceed with the lawsuit and get the notification through email. You can demand the appropriate settlement or compensation for the losses or harms.