The Notice to Sue (Somasi) is a crucial document in Indonesian legal practice that serves as a formal warning before commencing litigation. It is required under Indonesian Civil Code (KUHPerdata) Article 1238 and related regulations as a prerequisite step before filing a lawsuit. This document is typically used when attempts at informal resolution have failed and the sending party intends to escalate the matter to court proceedings. The notice must clearly state the grievances, provide relevant facts and legal basis, specify demands, and set a reasonable deadline for compliance. It's an important tool in dispute resolution as it provides the recipient with a final opportunity to comply with demands before facing legal action, potentially saving both parties the time and expense of court proceedings.
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1. Header Information: Date, reference number, and formal letter elements
2. Recipient Details: Complete name and address of the party being notified
3. Sender Details: Complete name and address of the notifying party, including any legal representation
4. Subject Line: Clear indication that this is a Notice to Sue (Somasi)
5. Factual Background: Chronological description of events leading to the dispute
6. Legal Basis: Reference to relevant laws and regulations supporting the claim
7. Specific Demands: Clear statement of what is being demanded from the recipient
8. Timeline for Compliance: Specific deadline for the recipient to comply with the demands
9. Consequences of Non-Compliance: Statement of legal actions that will be taken if demands are not met
10. Closing: Formal closing statement, signature block, and details of the sender or legal representative
1. Details of Previous Communications: Include when there have been previous attempts to resolve the dispute
2. Calculation of Damages: Include when claiming specific monetary compensation
3. Evidence Reference: Include when specific documents or evidence need to be referenced
4. Alternative Resolution Options: Include when offering settlement or mediation alternatives
5. Power of Attorney Reference: Include when the notice is being sent by a legal representative
1. Supporting Documents: Copies of relevant contracts, agreements, or correspondence
2. Evidence Attachments: Photographs, receipts, or other documentary evidence
3. Calculation Sheet: Detailed breakdown of monetary claims if applicable
4. Previous Correspondence: Copies of previous attempts to resolve the dispute
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