FWP Legal Updates & Insights

Era Baru Peradilan Pidana: Memahami Pengakuan Bersalah (Plea Bargaining) dalam KUHAP 2025

A. Definisi Pengakuan Bersalah Pengakuan Bersalah (plea bargaining) merupakan salah satu terobosan dalam Undang-Undang Nomor 20 Tahun 2025 tentang Kitab Undang-Undang Hukum Acara Pidana (“KUHAP 2025”) yang memperkenalkan mekanisme penyelesaian perkara pidana secara lebih efisien. Pasal 1 angka 16 KUHAP 2025 mendefinisikan Pengakuan Bersalah sebagai mekanisme hukum bagi terdakwa untuk mengakui kesalahannya dalam suatu tindak pidana dan kooperatif dalam pemeriksaan dengan menyampaikan bukti yang mendukung pengakuannya dengan imbalan keringanan hukuman. Mekanisme ini dirancang untuk meningkatkan efisiensi dalam proses peradilan pidana untuk mewujudkan peradilan yang cepat, sederhana, dan berbiaya ringan (speedy trial). B. Ketentuan Pengakuan Bersalah Berdasarkan KUHAP 2025 Pengakuan Bersalah berdasarkan KUHAP 2025...

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Emergency Arbitration with Protective Preliminary Orders based on the SIAC Rules 2025

The Singapore International Arbitration Centre (“SIAC”) has introduced a new mechanism called the Emergency Arbitration (“EA”) mechanism under the SIAC Rules 2025. The SIAC Rules 2025, which came into effect on 1 January 2025, permit the parties to seek Protective Preliminary Orders (“PPO”) from an emergency arbitrator without notification to the other parties (i.e., ex parte preliminary orders, otherwise known as ex parte ad interim orders). The PPO is intended to enable applicants to secure specific assets or legal positions appropriately. In short, after submitting a PPO and requesting the appointment of the Emergency Arbitrator, SIAC will appoint an arbitrator within...

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Frans H. Winarta, has been recognized as one of influential lawyers featured in “The 200 Club: Indonesia’s Most Influential Lawyers 2026” List by Hukumonline

We are proud to announce that our Managing Partner, Frans H. Winarta, has been recognized as one of influential lawyers featured in “The 200 Club: Indonesia’s Most Influential Lawyers 2026” List by Hukumonline. This list represents experienced lawyers who have made a significant impact on the development of law in Indonesia, reflecting their dedication, expertise, and meaningful contributions to shaping the nation’s legal landscape. We extend our sincere congratulations to Mr. Winarta on this remarkable achievement and express our appreciation to Hukumonline for this recognition. For the full profile, please visit: https://awards.hukumonline.com/the-200-club-lawyers-indonesia-2026/frans-hendra-winarta #FransWinartaandPartners #FWP #The200Club #IndonesiasMostInfluentialLawyers #HukumOnline #Achievement ...

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Corporate Criminal Liability Under Indonesia’s New Criminal Code

The enactment of Law Number 1 of 2023 concerning the Criminal Code, together with its amendments as regulated under Law Number 1 of 2026 concerning Penal Adjustments (hereinafter referred to as the “New Criminal Code”) marks a significant transformation of the country’s criminal justice system. One of its most notable developments is the strengthened recognition of corporations as subjects of criminal law that may be held directly liable, on an equal footing with natural persons. Corporation as the New Subject of Criminal Law Under Law Number 1 of 1946 concerning Criminal Law Regulation (the Old Criminal Code), only individuals could be held...

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Uncovering Climate Litigation in Indonesia – FWP Legal Talks Webinar #01 – 28 January 2026 (Zoom Meeting)

FWP Legal Talks Webinar #01 Uncovering Climate Litigation in Indonesia Climate change accountability is now unfolding in courtrooms, as climate litigation has gained momentum in the past few years and as we speak. Understanding such a trend along with the legal impact has become essential for governments, businesses, and legal practitioners. In response to that, we are proud to announce our first webinar in 2026 that will explore how climate litigation is developing within Indonesia’s legal landscape and how corporations can strategically respond. This conversation will feature Dr. Linda Yanti Sulistiawati, S.H., M.Sc., Ph.D. Senior Research Fellow at the...

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Frans H. Winarta, has been recognized in the Lexology Index: Arbitration 2026 by Lexology Index and Global Arbitration Review

We are delighted to congratulate and announce that our Managing Partner, Frans H. Winarta, has been recognized in the Lexology Index: Arbitration 2026 by Lexology Index and Global Arbitration Review. This year’s recognition spans multiple key categories, reflecting his leadership and long-standing contribution in the field of dispute resolution: - Recommended – Arbitration - Recommended – Commercial Litigation - Recommended – Southeast Asia Arbitration - Recommended – Southeast Asia Commercial Litigation This acknowledgment reflects not only Mr. Winarta’s personal dedication to the profession, but also our firm’s unwavering commitment to serving trusted, high-quality legal assistance for clients in navigating complex disputes. This achievement is made possible...

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The BANI Regulation 2025: What Practitioners Need to Know

The BANI Regulation 2025: What Practitioners Need to Know As has been widely discussed, in early 2025 the Indonesian National Arbitration Board (“BANI”) officially issued the latest Arbitration Rules and Procedures to be used as a guidelines for dispute resolution at BANI. The BANI Regulation 2025 highlighted several key issues, including BANI’s authority in cases of Unlawful Acts (Torts), the expansion of the limitations on legal counsel practicing at BANI, the new concept of consolidation of arbitration applications, the arbitrator replacement, and the emergency arbitration. These concepts were certainly added and/or modified in the BANI Regulation 2025 with the aim of...

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Framing Climate Change as a Contractual Risk: Rethinking Force Majeure Clauses Amid Constant Uncertainties

Framing Climate Change as a Contractual Risk: Rethinking Force Majeure Clauses Amid Constant Uncertainties “The only thing that is constant is change” - Heraclitus The relevance of this adage is more pronounced today than ever, as climate change and its severe impacts are no longer distant or abstract concerns. Countries have been facing irreversible adversities due to climate change. Recent data indicate that Indonesia recorded temperatures reaching 38.4°C in October 2024 and faced 6,827 climate-related disasters between 2023 and 2024, affecting more than 13 million people. Inevitably, events of this scale create substantial obstacles for private parties in performing and fulfilling their contractual...

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Frans Hendra Winarta Attends the 1st Decade Celebration of ICC Indonesia at The St. Regis Hotel Jakarta

Our Managing Partner, Frans H. Winarta attended the 1st Decade Celebration of ICC Indonesia as a registered association under Indonesian Law at St. Regis Hotel Jakarta. It's been an honor to our Managing Partner to be one of the founders of ICC Indonesia and the Chairman of the Arbitration and ADR Commission of ICC Indonesia. Each new achievement is an opportunity to grow. Congratulations and keep up the good work, ICC Indonesia. ...

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