Requirements for Filing a Group Representation Lawsuit

The Requirements for Filing a Lawsuit are regulated in Article 2 of Perma 1/2022, as follows:

  1. The large number of group members makes it ineffective or inefficient if the lawsuit is carried out individually or jointly in one lawsuit.
  2. There is a similarity of facts or events and a similarity of legal basis used which is substantial, and there is a similarity in the type of claim between the group representative and the members of the group.
  3. The group representative has the sincerity and honesty to protect the interests of the group he represents.

Article 4 of Perma 1/2022 explains that in order to represent group members, the group representative is not required to obtain power of attorney specifically from group members. The group lawsuit letter made refers to the requirements as a civil lawsuit in general, which at least contains the identity of the parties, Fundamentum Petenti or the basis of the claim, and Petitum (expectations for judge's decision). Specifically, the identity in the group lawsuit letter must contain the complete identity of the group representative and the identity of those represented without mentioning the group members one by one.

Benefits of Filing a Group Representation Lawsuit

The benefits obtained when filing a group representation lawsuit are that the procedure is simpler and the costs are cheaper. If a case or lawsuit is carried out by one person at a time, even though the interests of the lawsuit are the same, the case will take a long time and become ineffective.

The presence of class action or a group representation lawsuit can prevent plaintiffs consisting of many people who have the same interests from filing lawsuits individually. In addition, the application of group representation lawsuits is a representative form of the principle of quick, simple and low-cost justice for justice seekers.