What are the differences between the lawsuit of citizen and the lawsuit of the class action in Indonesia? Find out the differences, here.

The development of the civil law in Indonesia is mostly influenced by the absorption of the foreign legal system as result the application of the lawsuit of citizen and class action in Indonesia develops, too. In Indonesia, many people are confused on the terms of citizen lawsuit and the class action lawsuit. Here are the details about the citizen lawsuit, the class action lawsuit and the differences.

The Definition of Citizen Lawsuit

The citizen lawsuit can be defined as the lawsuit that allows the citizens to sue the government for violations in terms of fulfilling the rights of citizens, where filing the citizen lawsuit is not regulated in Indonesia’s law. The purpose of this lawsuit is to protect the citizen from the possibilities of the harms or losses as the result of the actions or the omission from the authority of the country. By filing the citizen lawsuit, the citizens have the rights to sue the government institutions that violate the law or fail to fulfill their obligations in the implementation of the law.  and the plaintiffs do not need to prove that there is a direct loss that is real.


The Definition of Class Action Lawsuit

Class action lawsuit can be defined as the legal lawsuit of a person or a group of people who has the same interests brings the demand to protect the rights of the group of people with similar interest. In the lawsuit of the class action in Indonesia, a representative is needed to represent or is on behalf of the class members. The representative will file the lawsuit and ask for the compensation from the defendant as the result from the damage or loss he makes.


The Differences between Citizen and Class Action Lawsuits

Here are the differences between the lawsuit of citizen and the lawsuit of the class action in Indonesia.

  1. In a citizen lawsuit, the citizen has the right to file a lawsuit, based on the basis that the person is an Indonesian citizen. The citizen does need to prove that he suffers from the material or immaterial losses in the case. Meanwhile, the class action in Indonesia needs the representative to file a lawsuit. The representative can be one or several people and have similar interests and suffer from the similar harms or damage with the class members.
  2. The lawsuit of the citizen usually contains the demand of the public interest of all members of the community, whereas in the class action, the members of the class and the representative share certain common characteristics, i.e., the claim that is demanded usually the demands from both the representative and the class members.
  3. The citizen lawsuit in Indonesia can only be submitted to the state or government administrators where the claim is not in the form of compensation but better service and protection to the public in the form of regulation so that the same mistake will not happen again in the future. Meanwhile, the lawsuit of the class action in Indonesia generally demands the financial compensation, whereby the plaintiff has experienced direct losses resulting from the actions of the defendant.

In conclusion, the lawsuit of citizen and the class action in Indonesia have huge differences. Each of the lawsuits demands the settlement or compensation but in the different form of the claim.

Source: https://smartlegal.id/en/smarticle/2019/01/14/class-action-in-indonesia/

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