Commercial Litigation And Individual Litigation In Pharmaceutical Companies

Abstract

Literature studies are carried out by each researcher with the main objective of finding a foothold/foundation to obtain and build a theoretical basis, frame of mind, and determine provisional conjectures or also known as research hypotheses. This study uses a qualitative method with a literature and literature study approach. The results of the study explain that dispute resolution through ADR has advantages compared to dispute resolution through litigation, including the voluntary nature of the process because there is no element of coercion, fast procedures, non-judicial decisions, confidential procedures, flexibility in determining terms. problem solving, time-saving and cost-effective, high probability of executing agreements and maintenance of working relationships. There needs to be synchronization between legal aspects (in this case litigation aspects) with commercial and technical aspects. In ideal conditions, litigation aspects must be able to go hand in hand with commercial and technical aspects. However, if these ideal conditions are not achieved, it is necessary to carry out risk mitigation by taking into account the company's risk appetite and risk tolerance. The court as the executor of judicial power has the main task of receiving, examining, and adjudicating and resolving any disputes submitted to it in order to uphold law and justice based on Pancasila, for the sake of the implementation of the legal state of the Republic of Indonesia.