Surabaya · East Java · Indonesia

Tort Claim Lawyer Surabaya — Unlawful Act (PMH) Litigation & Damages

A business harmed by conduct outside a contractual breach may consider a civil claim for an unlawful act, known in Indonesia as perbuatan melawan hukum (PMH). The key decision is whether evidence can connect the conduct to a legally recognizable loss.

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Dispute resolution and insolvency in East Java.

PMH claims can arise from misleading business statements, interference with property or business rights, negligent conduct, or harmful public statements. Unlike a breach-of-contract claim, the alleged duty need not come solely from an agreement. A claimant should identify the specific act, the right or legal standard affected, the loss, and the evidence connecting them.

For a company in Surabaya, early review helps distinguish a civil claim from a contract dispute or a matter that belongs in another forum. Useful records may include agreements, correspondence, transaction files, accounting evidence, public statements, witness details, and a chronology. Loss estimates should identify their basis rather than combine unsupported projections with documented amounts.

When you need this service.

A supplier or business partner made a material statement that caused a documented commercial loss.
A competitor or former business contact allegedly interfered with business rights or confidential information.
A company faces a claim that its conduct caused another party financial or reputational harm.
Public statements about a company have prompted demands for correction, compensation, or removal.
A potential defendant is concerned that assets or records may become harder to locate while a claim develops.

Dispute resolution and insolvency framework.

Article 1365 of the Indonesian Civil Code (KUHPerdata) is the general statutory basis commonly invoked for an unlawful-act claim. In broad terms, the claimant must establish an unlawful act, fault or responsibility, loss, and a causal connection. The facts and legal characterization matter; a commercial disagreement alone does not establish liability.

A civil claim is generally brought before the district court with jurisdiction, which counsel must determine from the parties, claim, and applicable procedural rules. In Surabaya, the District Court may be relevant, but venue should not be assumed from the claimant's location alone. Court proceedings involve pleadings, an opportunity to respond, evidence, and a decision. Interim asset protection, if sought, requires a separate legal and factual basis.

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How we handle disputes and insolvency.

We review the alleged conduct against the available documents and identify which elements are disputed. We compare a PMH theory with contractual remedies and other routes, then map evidence gaps, potential defenses, loss calculations, and forum questions.

If proceeding is appropriate, we prepare the claim or response, organize supporting evidence, and represent the client through court stages. Where useful and consistent with the client's objectives, we also assess a negotiated resolution. No outcome can be predicted from the claim label alone.

Our Services

PMH claim assessment

Review the alleged act, duty, loss, causation, evidence, and possible alternative claims.

Claim drafting and representation

Prepare pleadings and organize documentary and witness evidence for civil proceedings.

Defense to an unlawful-act claim

Test the asserted duty, causation, loss calculation, and supporting proof; prepare a structured response.

Settlement and risk review

Assess settlement terms, business continuity concerns, and the practical effect of continuing proceedings.

Frequently Asked Questions

How does a PMH claim differ from breach of contract?

A breach claim centers on an obligation in an agreement. A PMH claim alleges unlawful conduct and resulting harm, which may exist without a contract between the parties. The same facts can raise overlapping theories, so counsel should assess the duties, remedies, and evidence before choosing a claim.

What evidence should a company preserve?

Preserve signed agreements, emails and messages, invoices, accounting records, relevant system data, and copies of public statements. Keep original files and note who created or received them. Counsel can assess authenticity, relevance, privacy issues, and whether further evidence can be obtained lawfully.

Can a company claim compensation for reputational harm?

A claim may include alleged non-financial or reputational harm, but the legal basis, proof, and valuation can be contested. Identify the specific impact and evidence rather than relying only on a general assertion that reputation suffered.

Where would a Surabaya PMH case be filed?

The competent court depends on jurisdiction and procedural rules, including the parties and facts. Surabaya District Court may be relevant, but counsel should verify venue before filing, especially where a defendant is based elsewhere or an agreement contains a dispute clause.

What affects the cost of pursuing a claim?

Cost depends on factual complexity, volume of records, number of parties, specialist or witness evidence, interim applications, and whether the dispute settles or proceeds through hearings and any available review. A document review helps define scope; no fixed fee or case duration is assumed here.

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Describe your legal needs. A senior partner will respond within one business day.

info@integralaw.id

Jl. Juwono No.7-8, Darmo, Kec. Wonokromo, Surabaya