Displaying items by tag: Indonesian Divorce for Foreigners

Divorce in Indonesia requires court litigation. You just can't fill a form, signed, sealed and delivered. No. You need to provide reasoning to dissolve your marriage. This is because Indonesia is a country that expects you to work hard to make your marriage work. 

Our legal system does not expect you to just give-up when you have a little fight with your spouse, and say: That's it! I am done with it. We want you to have a little effort before finally saying goodbye and burning the bridge behind you.

If you tried everything and you don't see any way out of the situation, divorce may be the ultimate solution. Your one and only solution. But you want to do it quickly and as painlessly as possible. Well, that can be done. It depends on your choices of the items in your case. 

So, let me walk you through!

The Choice of Legal Ground

We have many legal grounds that you can use to dissolve your marriage. Irreconcilable differences is one of the reasons that you should use in the event you want to do it quickly. This is quite straightforward. You don't have to prove the cause of the irreconcilable differences. This can be a long and winding road. You just have to prove that there is one in your marriage. 

You need to be very careful, using this legal ground may be common and straightforward, but it's quite tricky! I have a guy who came to me. His divorce was overruled by the Higher Court in Jakarta after a landslide win in the district court. What happened? This is why your lawyer needs to review the case before you lodge it to the court. Last thing you want is that the judges may think you are joking around with your divorce. 

Your lawyer needs to pay attention to every single detail. Not all lawyers are born the same. Just because you know a guy who knows laws, it doesn’t mean he can deliver a divorce to you. Indonesia has a very conservative legal system that values humans in flesh and blood more than evidence. You need two witnesses. They need to support your divorce application. Strong enough to dissolve a marriage.

The Choice of Court Jurisdiction

You will be surprised to know if one of the courts in Indonesia may have jurisdiction over your divorce case. There are several considerations such as your nationality, your registration of marriage, and your residency. Those three things may be involved in your case, and therefore one of the courts in Indonesia may have a jurisdiction. 

Here’s how to find out:

  1. If both you and your spouse registered your marriage in Indonesia, regardless of your nationality.
  2. If either of you is an Indonesian, regardless where your marriage was registered. 
  3. If both you and your spouse are foreigners, and you live long enough in Indonesia and you still live here until you decide to get divorce. 

If you belong to one of the above checklists, you should contact your Indonesian lawyer to dissolve your marriage here. Contact Us here and we will review the case and advise you how to move forward. 

If You Could Settle, Do It!

I didn’t mean to settle not to get divorce. You can potentially settle on the legal consequences of the divorce such as child custody, spousal support, and property division. These things can be a pain if you fail to organize them earlier. It is better for you if you identify everything from the beginning. Work with your Indonesian lawyer to guide you through the legal system in Indonesia.  

We have a woman with a PhD degree from South America, and she wants us to represent her in her divorce case. She does everything we told her. She is very cooperative.  She just wants to do it as painlessly as possible. Great lady she is! Smart and well educated. 

All the legal consequences were settled before the case hit the court. I drafted the settlement and they gave me the pointers. This is what we called out of court settlement. Judges love this, and so will you. This gives you less headache! 

Another great guy, a Dutchman. He took my advice to settle before the case hits the courtroom. It’s over before you know it. Now, he is moving on with his life and his new partner. His ex-wife is also busy with her work too. She spends time diving and snorkeling in Bali. They still talk to each other and make friends after the divorce. 

It Takes Two to Tango

This is the best part with the laws and regulations pertaining a divorce in Indonesia. You have to be in love to stay in a healthy marriage. If you think the flame is gone, and nowhere to be found, you can file a divorce at the court to dissolve your legally wedded spouse. Please take a note that this must always stay in line with the irreconcilable differences legal ground. 

Your lawyer must know this and can use this to work with your case with a favorable outcome. He needs to present the case in a way to get the judges on the same page with you. He needs to use this: “it takes two to tango” thing, to deliver the divorce to you. 

I’ve presented this thing before in front of a mediator in South Jakarta court. Our client was a great man, a Dutch man who lives in South Jakarta. Smart and handsome man. He was Ok to come to the court for mediation. I was there with him. His beautiful and respectable wife was also there with him. They still talked politely to each other. 

I told him what would happen inside. So, I wanted him to be very careful with the words he would say to the mediator. He picked them himself. The mediator dismissed the case, and he sent the case to court litigation. Lesson learned, your own words can set you free.

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Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us!

Monday, 07 October 2019 10:30

Real Estate Transaction in Indonesia (1)

When you're purchasing a land and/or a house in Indonesia, you're dealing with a seller or the representative of the seller. You must deal with the owner of the property in order to protect your future investment. The owner must have legal rights to own the property that you are looking to buy. When he has the legal rights in the property, he must has the title of ownership that can be transferrable to you as the buyer.

He must be able to present his certificate of title to prove his ownership. The certificate is issued by the government of the Republic of Indonesia. The authorized government agency that responsible for issuing a certificate of title called Badan Pertanahan Nasional (National Land Registry), so called the BPN. They have offices in every city in Indonesia.

The certificate of title for the house you are going to buy is issued by the land registry office where the property located. The property such as land, houses, apartments are classified under the category of Immovable Property. The legal owner of the immovable property is the person whose name printed on the title certificate. 

Ownership of the Property

The ownership of immovable property is different with the movable ones, such as cars, etc. The legal owner of this type of property is the one whose name(s) printed on the certificate of title. If the ownership has passed-away, his next of kin is the property’s legal owner. They usually consist of the surviving spouse, and his/her children. So, if the owner of the property has gone, make sure you’re dealing with the right person.

As for the movable assets such as cars, the person that controls the property can be considered as the owner, although you might want to check the ownership of the certificate as well. At Wijaya & Co, we always pay attention to details of our client’s case. 

The certificate of title in real estate property is a strong evidence that serves as proof of ownership, as well as proof of registration from the local land registry. Article 19 of Basic Agrarian Law certified that the government of Indonesia is conducting land registration in order to provide legal privilege to the owner whose name printed on the certificate of title. You will automatically be included within the land registry database and therefore are subject to the prevailing laws and regulation in Indonesia. 

Background Check

It is very important to conduct a background check before you’re making any further transaction with the seller of the real estate property. This will give you sufficient information about the current status of the property, as well as its title. The information is enough to get you to decide whether you want to proceed with the sale and purchase transaction.

You will see if there’s any mortgage put on the property. If yes, you need to make sure the owner to remove the mortgage first, before making any further transaction with you as the buyer. You will also find out if the property is under any potential dispute or no. The background check is extremely important and I would suggest not to proceed with the transaction before the background check has been finalized. 

Transfer of Title

You need to perform a proceeding of title transfer when you purchase a real estate property. Your name must be registered as the latest owner of the property after you executed the sale and purchase agreement, and remit the payment to the seller. They will include the details of the agreement you executed with the seller of the property, as well as the date when you entered the agreement.

They will print your name as the current owner of the property on the certificate of title. This proceeding involving the local land registry where the real estate property is located. You will be recognized as the legal owner after the proceeding completed. Please contact me should you wish to discuss any further about this.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Thursday, 12 September 2019 09:05

Getting Marry in Indonesia

Indonesia, according to the 1974 Marriage Law, the marriage is legal if it is performed according to your religion affiliation. You need to have the same religion with your partner. If you have two different religions, either of you must convert. It sounds awkward, but we find the religion plays important role in the success of your marriage. That’s why the Law requires you to have the same religion marriage. It is imposed by Article 2 (1) of the Marriage Law. So, if you want to do it legally, you need to do it according to your religion. It is either Moslem or Non Moslem.

You need Into perform the marriage and it must be registered with the marriage registry. This is to have a legal recognition to your marriage. You see, the marriage is the foundation of everything in your life. When you’ve decided to get marry, you’ve just made a big decision. You’re starting a new page in your life. If you want to live your life the right way, get your marriage legally registered. It’s the right thing to do. It is imposed by Article 2 (2) of the Marriage Law. The marriage registry will in turn issue marriage license for you. It is the evidence that your marriage has been officially registered.

Furthermore, the Marriage Law imposed more requirements for you before you can perform the marriage. They are:

  1. Consents from both parties. Both of you must love each other. You can’t force your partner to marry you. It takes two to tango!
  2. You need to be old enough to get marry in Indonesia. You need to be at least 21 years old. This is the minimum age requirement. Otherwise, you need to have consent from your parents. 
  3. In the event both parents are no longer complete, for example one of them passed-away or legally incapacitated, consent from either parent is enough. 
  4. In the event both parents are not available, you need consent from your guardian. This guardian must have blood relationship with you. That person can be, among others, your grand-parents, if they still alive. They must also have legal capacity to do so.
  5. You need to get a court order, if there’s dispute between parents, grand-parents, or marriage guardian, in procuring the consent for marriage.

In order to get marry legally in Indonesia, you must submit the Notice of Marriage Intention to the marriage registry. There’s 10 (ten) working days as waiting period. You can get marry after the 10 (ten) days waiting period is over. I mean, you can get marry on the eleventh day. This is imposed by the Government Regulation number 9 of 1975 regarding the Implementation of Marriage Law.

As for supporting documents required to register your marriage are as follows:

  1. If you are a foreigner: copy of your passport, copy of your birth certificate, copy of your divorce decree, photos, and Certificate of Non-Impediment (so called it "CNI") Letter printed on your embassy’s letterhead.
  2. If you are an Indonesian: copy of KTP, family card, birth certificate, N-forms, photos, and original divorce decree and certificate.

A very interesting part about one of the supporting documents, some countries called it "the CNI" (Certificate of Non Impediment), like the US Embassy in Jakarta. But other countries may have different title such "the NOC." It stands for the No Objection Certificate. Both of them serve the same purpose. They certify that you are legally free to marry. The procedures in retrieving them are also varies. This is very interesting as some countries just require you to make an appointment, fill a form, pay a fee.  They will release the form to you, after they took your oath.

Some countries would require you to submit a supporting document from your home country certifying that you are legally free to marry, before they can issue the NOC to you. What's important is that Indonesia's law imposed that either the CNI or the NOC printed on the embassy's letterhead. At least, signed and sealed by the authorized officer at your embassy in Jakarta. Some countries via their embassy even refuse to issue such document for their citizen.  Well, this is the tricky part that you will have to deal with before tying the knot. As the Indonesians said it: "Indah Pada Waktunya." 

In most of the cases, the marriage registry may issue the marriage evidence on the same day of the marriage. The marriage licenses from Indonesia's marriage registries are worldwide recognized. Most major countries such as United States, United Kingdom, Australia, China, and Canada are familiar with Indonesia's marriage documents. I know this when I work with K-3 visa, a spousal visa for the spouse of a U.S. citizen.

So, consider Indonesia as venue of your marriage because getting marry in Indonesia is simple, legal, and hassle-free. Good luck, and welcome aboard!

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Friday, 16 August 2019 11:10

Police Clearance Certificate in Indonesia

Police clearance certificate in Indonesia also known as Surat Keterangan Catatan Kepolisian (so called “SKCK”). This is the police certificate that certifying your crime record. Previously, known as Good Conduct Certificate (Surat Keterangan Kelakuan Baik/SKKB) certifies that you are not involve in a crime until certain period of time.

The police clearance certificate valid for six (6) months since date of issuing. You may submit a renewal application when you think you need a longer timeframe. At Wijaya & Co, we always pay attention to details of our client’s case. 

If you stay in Indonesia for more than six (6) months, according to our experience, the following countries would require a police clearance from Indonesia:

  1. Italy;
  2. Canada;
  3. Australia;
  4. New Zealand;
  5. United States (Spouses applying for a green card within the United States have to lodge police records instead of police clearance certificate).

Terms and Conditions

Police clearance in Indonesia can only be issued if you stay in Indonesia under a KITAS (Kartu Ijin Tinggal Terbatas/Limited Stay Permit). This is your residency permit as issued by the local immigration office in Indonesia. The KITAS can only obtained through sponsorship of employment or spousal.

Supporting Documents

If you are a foreigner, the required supporting documents for the application of police clearance are as follows:

  1. Copy of your passport;
  2. Copy of your KITAS;
  3. Copy of police report such as SKLD
  4. Fingerprints form;
  5. Power of Attorney.

Some people might not have all complete supporting documents that cover the period of your stay in Indonesia, or you just don't have the required documents but the police clearance is imposed on you by the immigration authorities. This is not a personal attack on you. This is what happen if you're working with bureaucracy everywhere. Please contact me and we'll discuss how you can move forward with your application.

If you are an Indonesian, the police require the following supporting documents:

  1. Attestation from the local Kelurahan/Kecamatan;
  2. Copy of your KTP and family card;
  3. Copy of your birth certificate;
  4. Photograph 4 x 6 cm.

Prerequisite Requirements

The police headquarters require you to supply the police clearance from your local Polres (local police precinct) in the city where you live, before they can issue you one that valid internationally. The reason behind this is because the Polre may know better about your background than the headquarters.

Fingerprints Formula

The police clearance certificate from Indonesia is very complete and has the details of your biographic information, including your fingerprints formula. Each person has very specific fingerprints and non-identical from others. Just like DNA. It consist of number and letters that represent pattern of your fingerprints. This is the reason they may require you to present at the police precinct.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Real estate transaction in Indonesia is simple, but yet tricky and requires a little knowledge. It is very interesting to dig a little bit of this. Just to make sure you have the big picture. When you're purchasing a land and/or a building, you're dealing with a seller or the representative of the seller. You must deal with the owner of the property in order to protect your future investment. The owner must have legal rights to own the property that you are looking to buy. He/she must be able to present his certificate of title to prove his/her ownership. The certificate is issued by the government of the Republic of Indonesia. The authorized government agency that responsible for issuing a certificate of title called Badan Pertanahan Nasional (National Land Registry), so called the BPN. They have offices in every city in Indonesia. The certificate of title is issued by the land registry office where the property located. The property such as land, houses, apartments are classified under the category of Immovable Property. The legal owner of the immovable property is the person that his/her name printed on the title certificate. 
 
Owner of the Property
The ownership of immovable property is different with the movable ones, such as cars, etc. The legal owner of this type of property is the one whose name(s) printed on the certificate of title. If the ownership has passed-away, his next of kin is the property’s legal owner. They usually consist of the surviving spouse, and his/her children. So, if the owner of the property has gone, make sure you’re dealing with the right person. As for the movable assets such as cars, the person that controls the property can be considered as the owner, although you might want to check the ownership of the certificate as well. At Wijaya & Co, we always pay attention to details of our client’s case. 
 
The certificate of title in real estate property is the strong evidence that serves as proof of ownership, as well as proof of registration from the local land registry. Article 19 of Basic Agrarian Law that the government of Indonesia is conducting land registration in order to provide legal privilege to the owner as per certificate of title. You will automatically be included within the land registry database  and therefore are subject to the prevailing laws and regulation in Indonesia. 
 
Background Check
it is very important to conduct a background check before you’re making any further transaction with the seller of the real estate property. This will give you information about the current status of the property title. The information is enough to get you to decide whether you want to proceed with the sale ans purchase transaction.
You will see if there’s any mortgage put on the property. If yes, you need to make sure the owner to remove the mortgage first, before making any further transaction with you as the buyer. You will find out if the property is under any potential dispute or no. The background check is extremely important and I would suggest not to proceed with the transaction before the background check has been finalizee.
 
Transfer of Title
You need to perform a proceeding of title transfer when you purchase a real estate property. Your name must be registered as the latest owner of the property after you agree to make the payment to the seller. They will include the Sale and Purchase Agreement signed by you as the buyer, and the seller of the property, as well as the date when you entered the agreement. They will print your name as the current owner of the property on the certificate of title. This proceeding involving the local land registry where the real estate property is located. You will be recognized as the legal owner after the proceeding completed. Please contact me should you wish to discuss any further about this.
 
Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Guardianship of a child in Indonesia is a challenging issues. Not only this is the most important part in family and matrimonial law practice, such as adoption cases, divorce cases, and custody disputes. It also plays substantial role in general civil law, such as how a judge determine a child's guardian in representing him/her in all of her legal affairs. 

What is Guardianship?

Article 47 of 1974 Marriage Law stipulated that children under 18 years old or have never been married, are under their parent’s authority. The parent represent them in and outside of the court room. The parental authority may be revoked by the court or may also be removed voluntarily and assigned to other individual. Parental authority is the term set-out in the laws in Indonesia.

It also known as Child Custody. Different terms but discussing the same thing in common. The terms have a very broad meaning: representing the child inside or outside of the court room. This include the whole legal matters involving the child's life such as property, inheritance, other legal matters such as immigration, passport and visa application, schooling, etc. You practically a parent already, minus motherhood. This slightly easier as it does not involve emotion, but still with the same chemistry.

It Is Transferable

The good news is, the guardianship of a child is transferrable. When parent is no longer in the position to perform his/her job, other people, preferably family members may replace them as a guardian of the child. The guardianship of the child may voluntarily appointed by the parent. The person may accept it or he/she may refuse it.

Being a parent indeed is not an easy job. It is the most beautiful thing and yet the hardest job in the world. So, you're excused if you think you won't be able to do it properly. Child Protection Law of 2002 stipulates that in the event of a parent is absent, or unknown, or for some reasons unable to perform his/her duty and responsibility, the job is transferable to other family member. A guardian may be appointed to do the job. They must be same blood family to three degrees upline, such as grand father, grand mother. They can also be three level down line.

The Criterias

When you live with a child and it's not yours, and the parents of the child are still alive, and they don't live with the child physically, legally you are his/her guardian. Local government may require you to have a guardianship document because legally you are responsible for his/her wellbeing. You need to do this to avoid any potential abduction charges incurred from the local rules and regulations. Therefore, you must qualify for a guardianship in the event one of the child's parents is an Indonesian citizen. 

The laws further imposed how a guardian must meet criterias. He/she must at least 18 years of age, physically and emotionally healthy, fair, honest and having a good behavior. Other family members must also be required to supply their opinions about how he/she may be able to perform his/her duty as the child’s guardian. They also have the responsibility to choose the right guardian because everybody knows everybody. This is the beauty of family emotional bonding.

It Takes a Village

They said it takes a village to raise a child. Well, I guess they were right. Hillary Clinton once wrote a book with this topic when she was the first lady of the United States. I read a part of it when I was younger. Such as an interesting book indeed! Please contact me if you wish to discuss this issue any further. Not about Hillary's book, but the guardianship issues I mean. I have some successful portfolios that you can use as reference in this field of law. 

At Wijaya & Co, we handled cases like this: transferring the children guardianship from their parents to their grand mother. Both of them are busy with their works and the grand mother lives in a different country. The guardianship order serves as an immigration clearance as well that allow the grand mother to have parental rights in regards to the furnishing of immigration paperworks. She represents the child and have the legal power to decide on the parent’s behalf, as if having someone to trust to take care of your children, legally.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

The origin of a child is a legal proceeding conducted with the child born out of wedlock in Indonesia. This is to create a relationship between the child and the biological father. It happens when you conceived a child before your marriage legally registered. This may be happen for so many reasons, among others; either of you are not legally divorce when the child was born, you're both legally free to marry but think that the marriage is not for you; or you performed the religious marriage, but not the civil one. So the child comes first, and then the marriage thereafter. By law, the child has only relationship with the mother and her family. You need some extra efforts to establish the connection between the child and its father. The laws in Indonesia has set-out the way forward and it's up to you if you're willing to go the extra mile. Other people have done it, and now it's time for you to do it.

We have Article 43 (1) of Marriage Law certifying that the child has the legal relationship between both the mother, and the father as well as their families. Nevertheless, such claim must be supported with scientific evidence, and other related evidence to prove their blood connection, including civil law relationship with the family of its father. The revised version of this Article has been amended by the Constitutional Court with the verdict number 46/PUU-VIII/2010 on February 17, 2012. In another words, you need to retrieve a DNA test. The results must be 99.9999% that you are not excluded as the father of the child. Take a test of you and the child. They will take your saliva with a tiny cotton bud. It will take less than 30 (thirty) minutes, and then you can call it a day. They will let you know within approximately three (3) weeks. Nervous? You tell me. 

The idea behind the verdict was not only because the marriage between the biological mother and the man that gets her pregnant, but also because the blood connection between the child and the alleged father. Apart from the marriage between the two of them, the child must be legally protected. Therefore, the birth of your child must be reported to the civil registry office within 60 (sixty) days. The strict time-frame is imposed according to Article 27 of Law number 24 of 2013 regarding Administration of Population Law. You will see only the name of the child and its mother, but it is a starting point to initiate the process. The civil registry is to register the birth of your child. They don’t have any authority to prove the relationship between you and your child. You will have to do it in the court of law. Your Indonesian attorney knows technicality like this. Get one with experience in this field. You'll get hicough-free processing case. 

Before you sign that paternity affidavit, you have to make sure that you have the consent from the biological mother. Otherwise, the process will turn sour and your application might be end-up in limbo. The consent from the mother is a statutory requirement in Indonesia. You need to secure that before the application lodged to the court. This proceeding requires both of you to work together for the best interests of the child. I am not saying that you should light the flame between the two of you again. Although this thing does not require you to get marry to each other, but at least you must be able to sit down together and talk without pointing fingers. Think you can do it? If you do, click here give me a call or drop me an email to get our legal review about your case. 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Child custody in Indonesia is a family issue that may come into subject matter of the court if you're filing for a divorce. This is something normal in relation to the divorce case. Both parents claim that they are the best for the custody of their children. But do they? How the laws in Indonesian govern something like this? Read on!

Fathers' Engagement

Nowadays, fathers are getting more engaged in the child upbringing in Indonesia. They take the children to school everyday before they go to work. Fathers read with their children at night, teach them and get involved with their everyday's schooling works. Some of them also take them for taking a bath, feed them and get them dressed decently. You can't ignore this phenomenon. This is happening everywhere. They are doing this because they think fathers can do it too. They can even do it better in getting involved with their child's upbringing in Indonesia.  At Wijaya & Co, we always pay attention to details of our client’s case. 

Mother's Career 

Just because your wife is working and have a career, it doesn’t mean that she can’t nurture the child. Just because she’s busy with work, it does not mean she may be able to lose custody of a child if a divorce case in session.

Husband and wife are equal in the marriage life. Both of them have the same rights in their career and business. According to Article 31 of Marriage Law imposed that both husband and wife have the rights to earn a living and. Even sometime, just sometime, wife’s  making more money than her husband. 

Custody of a Child

When you’re still married, they called it parental authority. If you’re divorced, they called it custody. Pretty much the same  issues. It just in Indonesia, we recognized custody parent, and non-custody parent. But this is in theory as in the law books. There's more to it than meet the eyes. The judges are happy as long as you and the child are happy. 

According to Article 105 of Compilation of Islamic Law, child under 12 (twelve) years old, the custody belongs to the mother. For the child above 12, he may choose his custody parent holder. Supreme Court’s ruling number 210/K/AG/1999 imposed that a mother’s privilege for child custody may be revoked if she’s committing apostate and practise other religion beside Islam.

Other Supreme Court’s precedence number 376/PK/Pdt/2011 regarding this matter is also applicable when the female spouse was committing apostate and turned Moslem. Nevertheless, the male spouse was charged with criminal sentence for abandoning their child. So, the judges favor the party with less liability in order to raise the child. 

How to Win the Custody

It’s simple: the best interest of the child! That’s the keywords. It does sounds simple, but might not be easy to do it. Many people knows it, but many of them also fail. Getting yourself involved in school with the children, and teaching them with their English reading are a good start. Really good start. Keep up the good work!

You don’t say that you are richer than your spouse and therefore makes you a better parent. You need to prove that you are better because you put the child first. You need to promote yourself, and destroy the credibility of the opposing party. It sounds cruel, but it's a divorce case anyway. The moment you lodged the case to the court, both of you are opponents. No longer husband and wife. After all, you're doing it for the child. You need to to do it in order to win the custody of the child. But hey! Remember this: it's not about you. It's about the child. Read my lips, put the child first. Please contact me when you need any further assistance with this issue. We have previous portfolios that you can use as your reference. Please contact me should you wish to discuss any further about this.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

When you're married, you're married. Most people wants the marriage for once in a life time. But at some point, you want to "undo" the decision and "reinstate" the status. From married to single. This is doable with the marriage annulment. Although permitted under strict requirements, the application for marriage annulment must be lodged to the court within the territory of the Republic of Indonesia. This is the procedures to turn the clock around under civil law in Indonesia. This has several legal consequences to your marital status. Shall be go over the rest of them? Read on!

Marriage annulment in Indonesia is a court litigation proceedings, similar with divorce application. It requires litigation skills by lawyers who specialize in civil law, family law or international civil law to assist you to navigate with the sophisticated legal system. The proceeding may be conducted with the same chamber of court other family law cases, but some may not be familiar with the proceedings as this one is one of a kind. 

The application for annulment of marriage must meet the following criterias:

  1. It must be made within six (6) months since the marriage date. They have strict time-frame. If you stay in the marriage for for that six months, they think you're accepting the marriage, and you might enjoy tying the not with your spouse. 
  2. Must be made to the court according to your jurisdiction. They set-out a very strict ruling with the court jurisdiction. This is understandable as the legal system needs to provide legal certainty for those who committed with the sacred bond of matrimony. 

The parties that may apply for the marriage annulment are as follows:

  1. Upper line family members of husband, or wife. They include your parents, your grand parents, etc. 
  2. Husband or wife. They must step forward and tell the truth. After all, this is the life they're about to go through;
  3. The authorized officer before the marriage dissolved;
  4. Any party that has legal interest to the marriage, but only after the marriage has been dissolved. This may be related to the the property acquired during the marriage i.e. mortgage with the bank, etc. This thing make things get complicated. Other third parties may be involved in the marriage because finally they are affected as well;
  5. Any person related to the bride or groom under the marriage relationship. The children of either spouse may be included in this category. They are the person that may be suffer more than anybody else if a marriage turns to sour.

One of the main requirements to conduct the annulment that the marriage must be originally performed and registered in Indonesia. It doesn't matter if it was a Moslem or Non-Moslem marriage. It must be registered and recognised under the Indonesia's Marriage Law. The marriage must have proof of registration from the marriage registry in Indonesia. It doesn't matter your nationality, whether you're an Indonesian or not. 

The court upon receipt of the marriage annulment shall hold a litigation proceedings, and the procedures shall be set-up according to the applicable divorce litigation proceedings. Some pointers that you need to anticipate is that the court may require two (2) witnesses to testify. They need to come to the court and supply the information to the judge. The court will take their oath in order to be used as evidence. This is a substantial part of the case and therefore you must have some family members to be support you if you want to go ahead with the case.

Although, the marriage annulment may reverse your marital status, but it will not, in anyway, take effect to the children born into the marriage, property, debt and other financial consequences. This is according to the Article 28 of the Marriage Law. The annulment of a marriage applicable after the court order legally binding. You see we have 14 (fourteen) days waiting period for you to file for an appeal. If they don’t receive any appeal from either party within that period, the annulment will be legally binding.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Saturday, 08 June 2019 16:16

Why People Like to Get Marry in Indonesia

Marriage in Indonesia is a choice of legality, simplicity, and hassle-free. The reason I put legality first is because the marriage laws protects your marriage, and a little family you raise. The laws require you to perform the marriage according to your religion belief, and recorded at a marriage registry. You need to understand that Indonesia does not recognize only civil marriage. You need to conduct religious ceremony first, before your marriage is legally recognized. In another words, solemnization first, then civil marriage, then reception party.

Bonafide of Your Marriage

The marriage registry in Indonesia will issue marriage license to both you and your spouse as proof that you are legally married. For Moslem couples, they will receive two marriage books. One original copy for each spouse. The colours of the books are brown, and green. They have the same biographic information, and both of them have your pictures too. As for Non-Moslem couples, you will receive two marriage certificates. Each spouse gets one certificate. Both certificates represents the groom and bride information and their picture together. At Wijaya & Co, we always pay attention to details of our client’s case.

The marriage license from Indonesia, both being the marriage book and the marriage certificate are legally recognized worldwide. Major countries like the United States, United Kingdom, China, and some other major European countries recognize and may be able to be used as one of the supporting documents for immigration spousal sponsorship.

Ten (10) Days Waiting Period

In order to obtain legal recognition under the marriage law in Indonesia, you need to allow ten (10) days waiting period. This time frame was meant to give time to the public to recognize you, whether you are legally free to marry or not, You need to meet the marriage requirements in Indonesia, otherwise it is challengable at the court of law. You may face annulment claim by one of the relevant parties. Please see here for further details of how you can avoid your marriage being nullified.

Simplicity

You can perform a marriage in Indonesia with a simple, but yet legal. We cherish a marriage because it is one of the good things in life. If you can show that you are legally free to marry and have no legal impediment why the two of you should wed, our marriage registry will register your marriage and issue a marriage license. One of the most important documents to register your marriage in Indonesia ia Non-Impediment Letter. Some call it Certificate of the Non Impediment ("CNI"). Some event call it Certificate In Lieu of the Non Impediment, because this thing does not exist in a country like Canada. Since they are required to issue one, the issue it anyway.

Please give me a call or drop me an email, should you wish to talk of how I can assist you in any way you need!

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Marriage legalization is applicable to Moslem couples in Indonesia. It is to legalize the marriage previously conducted under religious rites, but not legal according to the state law yet. It may be happened for so many reasons like one of the spouse was ready to make a new commitment with you, but he/she was not legally divorce yet. This can be a burden socially to you, your spouse, and your family. So, you decided to performed the religious marriage. Consuming a marriage life like this is the same thing as if cohabitation. It is the life without legal recognition. The marriage laws in Indonesia are not applicable to you, yet. Not until you legalize the marriage.

Having a marriage legalization means you are legally recognizing the marriage previously conducted. Your official marriage date would be the date you performed the marriage. They may issue you a marriage license and the issuing date of the documents may be recent. That's fine, as it is only to show the issuing date of the documents only. When they do that, your marriage to your spouse is legally registered with the registry database. The marriage law, and family law in Indonesia are applicable normally to you, your spouse, and to your children. This is why the marriage legalization in Indonesia means for you, and your family. At Wijaya & Co, we always pay attention to details of our client’s case.

The thing is, a marriage only legally recognized when it meets two requirements i.e. it is performed according the couple’s religion affiliation, and it must be registered according to the prevailing laws. Article 7 (1) of Compilation of Islamic Law stipulates that a marriage book issued by the marriage registrar is an evidence of a legal marriage. So, the marriage legalization is applicable to the marriage that does not meet this stipulation. It means you can perform the legalization of marriage for getting your marriage registered and issued a marriage book.

There would be no legal protection for the marriage without any registration. The marriage book itself is an evidence that the marriage exists. The registration is protecting your spouse, and children born into your marriage. You see, the marriage is the very basic foundation in your life. As a father, your name will not appear on your child’s birth certificate. Your spouse may not be able to prevail as your next of kin, nor your children. Your assets may not be distributed according to your wishes, and your family may not receive the benefits of your estate. This is the last thing you want.

Article 7 (2) of Compilation of Islamic Law further states that a marriage legalization application may be lodged to the court in the event you’re unable to prove the marriage with a marriage book. The court responsible for your case may have to cross examine all the evidence you submitted together with the witnesses in this matter. There's no guarantee that the court may approve your application, therefore the attempt to legalize the marriage must be done with enough supporting documents, and compliance to the prevailing procedures with the legal system.

The outcome from the proceeding of the marriage legalization in Indonesia will give your spouse, and your children legal protection. Both of them is legally recognized both their rights and obligations according to the laws in Indonesia. Upon completion of the proceedings, your marriage will be recognized, and the court verdict is the proof of your marriage. It consist of some pages of court decision. It may not be practical, but at least it give you protection you and your family need. Please contact me should you wish to discuss any further about this.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Child legalization in Indonesia is a very important issues. This is the proceeding to legalize the child born outside of a legal marriage. He/she has legal relationship with the mother and her family only. In order to obtain a custody privilege, the alleged father must conduct child legalization. No legal relationship will be established between the father and the child without the consent from the biological mother.

Under the laws in Indonesia, the relationship between the child and the father is not recognized when it comes to the inheritance matters. At least, if you compare it with the legitimate child. The thing is, inheritance is some arrangements that will only be done when you're gone. You don't know whether your assets are being distributed according to your wishes and whether the child entitled to them or not. This is why the legalization of child born out of wedlock in Indonesia really matters, especially if you're from a Non Moslem family. At Wijaya & Co, we always pay attention to details of our client’s case.

As you probably aware, the inheritance issues are referred to the person's religion affiliation. We have Compilation of Islamic Law for Moslem families, and Civil Code. Since the issues of child born out of wedlock is very familiar with the civil law, there the law defines the child into three (3) categories as follows:

  1. A legitimate child, is the child born in the legal marriage of a man and a woman;
  2. A child born out of wedlock, but acknowledged by his father and/or his mother. The legal relationship is being established between the three (3) of them. They are now a family recognized by law, but it does not take effect to their extended families. The acknowledgement only applicable to the three of them. The law will consider the child as a legitimate one when the two of them are married to each other. 
  3. A child born out of wedlock. No acknowledgement made by the father as well as by the biological mother. Legally, he is an orphan. Poor child. No inheritance law applicable to him.

Civil Code has a very distinctive ruling on inheritance for child born out of wedlock in Indonesia. The law refer the child born out of wedlock as a "natural child." It is comprehensive and detailed. It avoids conflict between the heirs. In the event that the deceased has left legally acknowledged natural children, the inheritance shall be implemented as the following manners: According to the Article 863 and Article 865.

Article 863 stipulated that in the event the deceased has left any legal descendants or a spouse, the natural children is inherit one third of the share, which they would be entitled to if they were legal; they is inherit one half of the estate, if the deceased does not have any descendants, or spouse, but has blood relatives in the ascending line, or brothers and sisters or their descendants; and three quarters if the only remaining family is related in a more distant degree. If the legal heirs of the deceased are related in unequal degrees, the closest relative in one line is stipulate the amount of the share to which the natural child shall be entitled, even with respect to those who are in the other line.

The child born out of wedlock may inherit all the assets in the event his father (the deceased) passed-away without any other legal heir. Article 865 imposed that if the deceased has not left any legal heirs, then the natural children shall be entitled to the entire inheritance. 

The above stipulation is not applicable for the child born due to incest, and adultery. The aforementioned stipulations in Article 863 and Article 865 are not applicable to children conceived through adultery or incest. This imposed by the Article 867 of the Civil Code. 

As I said, the legalization of the child born out of wedlock is really matter. In fact, it's a big deal. It protects your child from the claims that may be made by other family members. Without the legalization, he only deserve 1/3 of the portion of the legitimate child. You need to do something to protect your flesh and blood. We both know that as parents we want the best for our children, and in this case, the legalization of the child born out of wedlock does really matters. Please contact me should you wish to discuss any further about this.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Last will in Indonesia is a legal instrument to distribute your assets after you pass-away. This is your preferred way to get the people you care most to inherit your assets notwithstanding any prevailing rules and regulation regarding inheritance in Indonesia. You can distribute any rights and obligations in the field of property law to your next of kin.

There are three (3) different inheritance laws in Indonesia, and you must specify one law in your last will. We have Customary Law, Islamic Law, and Civil Inheritance Law. The three laws are very different to one another. You may opt one law, regardless your religion affiliation, and once you made the choice, you must stick to it and your family members must respect your option. At Wijaya & Co, we always pay attention to details of our client’s case.

As the person who sign a last will, you will be called a Testator. In order to have a valid last will, you need to comply with several terms and conditions. Some of them are simple, some of them are quite tricky. But let's take it one step at a time. Shall we go over the rest of them?

Minimum Age

In order to be eligible to write a last will, you must at least 18 (eighteen) years old, and you're married. This is the legal requirement that you must comply with. There's no exception for this, otherwise your last will is challengable. Inheritance matter is for real.

In accordance with the Article of 897 of Civil Code imposed that minors, who have not reached the full age of eighteen years, are not allowed to make wills. The competence of the Testator shall be judged based on the condition that he was in at the time that the last will was made. At Wijaya & Co., we always pay attention to our clients' case details. Please contact me should you require any further assessment regarding your valid last will in Indonesia. 

The Subject Involved

The people involved in this case are the deceased with assets to distribute. He/she is called the Heiress. The other that involved in this are called the Heir. This is the people that eligible to inherit after meeting the legal requirements. The heir must be born at the time of the inheritance was opened, and he must alive. 

The Capacity to Inherit

You must have legal capacity to inherit from the deceased. A person must meet the following requirements in order to eligible to receive an inheritance:

  1. They must have blood relationship with the deceased. They can be his child, siblings, father or mother;

  2. They must have a marital relationship with the deceased. They can be either a wife or a husband of the deceased.

How Can You Inherit?

There are several ways you can inherit something from the deceased. You can inherit by law by becoming yourself, or by replacing someone's place. As a child of your parents, by law you have all the rights to inherit all your parents' assets. You can also acting as a replacement of your parent to receive inheritance from your grandparent. This replacement capacity may only happen in the event your parent has passed-away. 

You may not be the person related to the deceased via blood nor a marriage. The other way you can inherit is through a last will. The deceased must include you in his last will as one of his next of kin to receive an inheritance from him after he's gone. There are strict terms and conditions that must be met in order to eligible to inherit via this route. The maximum you can inherit under this scheme is 1/3 after deducted with all the liabilities and expenses. 

Executing Your Last Will

Following the death of the testator, the last will shall be submitted to the probate office. Probate is the proceeding of establishing the validity of a last will. In Indonesia, the government office like this called "Balai Harta Peninggalan" (BHP). The last will must be submitted to the probate office within the jurisdiction of the available inheritance is located. This board open the last will and draft minutes of the submission and the opening of the last will, and is include details therein of the condition that it is in. Thereafter be returned to the your legal representation for further execution of the inheritance. 

The Article 955 of Civil Code imposed that upon the death of the testator, legal title to the properties shall devolve upon the beneficiaries named in the last will as well as the individuals to whom the law grants part of the inheritance.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

 

Marriage in Indonesia is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on belief to one and only God. We take marriage a very serious matter. We require both religious and civil marriage to be conducted in order to gain legal recognition. The marriage is legal if you perform the religious marriage before the civil one. We have two types of marriage ceremony in Indonesia i.e. Moslem marriage, and Non-Moslem marriage. Both types of ceremony must go through religious marriage. As for Moslem marriage, they don't require civil registration as it is legally recognized. 

Getting marry in Indonesia is simple, legal, and hassle-free. We encourage people to marry because we think running a marriage is the same thing as if you're  worshiping God. That may be the reason why the require religious marriage comes first before the civil one. Apart from that, there are ten (10) piece of marriage checklist that you must meet with before lodging the notice of intention to get marry. At Wijaya & Co, we always pay attention to details of our client’s case.

Minimum Age to Marry

In September 2019, the Indonesia's parliament passed a bill on revising the 1974 Marriage Law regarding the minimum age to get marry. You must be at least 19 (nineteen) years of age to be able to get marry legally. The minimum age limit applicable both to bride and groom. 

Waiting Period

You must wait at least 10 (ten) days waiting period in order to perform the marriage. This is to meet the publicity requirement. During this period, the marriage registry will publish the notice of the marriage intention to the public to see the if they have any objection to their marriage. Any objection why the two should not be married must be made within this waiting period. Therefore, speak now or forever hold your peace. 

Marriage Registry

Since Indonesia has two types of marriage ceremony, we have also two marriage registries. Office of Religous Affairs (so called "Kantor Urusan Agama" / KUA) for Moslem couples, and Civil Registry for Non-Moslem couples, such as Christian, Buddhist, Hindu, etc. Your marriage registry must have jurisdiction according to your legal domicile. Your actual residence may not be the same with your legal domicile. Therefore, always check your paperworks before lodging any marriage intention.

Legally Free to Marry

You must legally free to marry to your partner. You must supply a certificate of singlehood, if you're single. Your divorce must be absolute, if you're a divorcee. Your divorce certificate must be surrendered in order to get marry and a marriage license will be presented as your new status. If you're a foreigner, you need to supply a certificate of non-impediment letter. It certifies that you are legally free to marry. It must print your name and the name of your fiance(e). 

Bride and Groom

A legal marriage must have a bride and groom to perform the marriage. You must be present during the ceremony. The bride is a female, and the groom must be a male. Indonesia does not recognize same-sex marriage. It is illegal in Indonesia. Straight only!

Witnesses

You must provide at least two (2) witnesses to testify during the marriage. They're must be adult and aged above 19 years of age to be a witnesses. As for Moslem marriage ceremony, the witnesses must be men. They can be either from your family members, common friends, coworker, etc. 

Marriage Guardian

You need a marriage guardian to get marry. You need to have his blessing. If you were to marry in Moslem ceremony, the marriage guardian must meet certain requirements. The guardian is the bride's biological father. If he passed-away, her grand father must replace his place. If both of them are gone, you need her biological brother from the paternity line to replace both of them and perform the ritual of marriage.

Prenuptial Agreement

It is highly recommended to sign a prenuptial agreement before the marriage. It is very useful to secure your financial interests in order to protect your family future from unwanted business risks, preclusion to own property in Indonesia for mixed-marriage couples, etc. Please contact me for further information regarding the prenuptial agreement. Our prenup is the best product in the market. It protects you and your family future.

Dowry

The dowry is a present you give to the bride for accepting the marriage to you. The presents usually in the form of jewellery, such bracelet, necklace, etc. This symbolize the bond of the marriage between the two persons.

Feast

You need to celebrate the marriage with at least a small feast. It is advisable to provide at least snacks and drinks to people who come to your wedding.

Those are the ten pieces of marriage checklist that must exist in your marriage in Indonesia. As I told you, we take marriage very serious. One item missing from your marriage proceedings may cause you marriage challengeable. 

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Thursday, 16 November 2017 13:43

Marriage Annulment

Marriage annulment in Indonesia is being conducted in very limited requirements. It must be done within six (6) months since the marriage date. Otherwise, you better go with divorce proceedings. 

You need to have the following reasons for conducting a marriage annulment:

  1. if either spouse in the married couple is still bound in a marriage with another person so that the second marriage cannot be continued,
  2. if the married couple are discovered to have a blood relationship,
  3. if the marriage is conducted without the consent of a guardian or conducted by an invalid guardian,
  4. if the marriage was forced,
  5. and so on pursuant to the law.

A husband or a wife may submit a petition for marriage annulment in the event the marriage was conducted under threat or if, at the time of marriage, there was a misunderstanding or one of the two parties believed that he/she was deceived. If the threat is stopped or the misunderstood party realizes his/her mistake, but within six months they still live as a married couple, and neither of them uses his/her right to annul the marriage, their right will be null and void.

Consider the following issues in order to get an annulment proceeding carried-out by our firm:

  1. Experienced family law attorneys;
  2. High success rates in previous similar cases handled by our attorneys that will also contribute to your success;
  3. Conclusive legal binding;
  4. World-wide legal recognition.

Call or email us in getting the most important part of your life "undo" legally with the assistance of passionate family law practitioners in Indonesia.

Our thanks to Asep A. Wijaya, Managing Director of Wijaya & Co for sharing this information with us!

 

Disclaimer:

The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found within this article nor in this website.

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