Month: November 2018

Prenuptial Agreement on Indonesia

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Prenuptial Agreement namely agreement made by prospective husband and wife about their marriages, the contents of which depend on the agreement between the two parties provided that it does not conflict with the Law.

According to Indonesian civil law expert Wirjono Prodjodikoro, the word Prenuptial Agreement is defined as a legal relationship regarding property of wealth between two parties, in which one party promises or is considered promising to do something, while the other party has the right to demand the implementation of the agreement. The goal is to protect the assets of each bride and groom where the parties can determine their respective assets.

In general, Prenuptial Agreements are made to separate the assets and debts that are owned by both parties, but in the development of Prenuptial Agreements not only made for the separation of assets, many couples enter questions of interest in the Marriage Agreement. For example, still allowed to pursue his or her hobbies or collect luxury items. Couples can balance each other and remind the family financial stability not to be disturbed.

In principle, the parties determine the contents of the marriage agreement freely to make a deviation from the Indonesian Civil Code’s rules on the union of assets but with the following restrictions:

  1. The agreement may not conflict with decency and legal issues concerning the authentic deeds of public order (Article 139 of the Indonesian Civil Code).
  2. In the Agreement no promises made are deviated from:
    a. Rights arising from the authority of the husband: for example to determine the place of residence or the right of the husband to take care of the union of marital assets;
    b. Rights that arise from the power of parents: for example the right to take care of children’s wealth or children’s education;
    c. Law-determined rights for husband and wife who live the longest: for example being a guardian or appointing a guardian (Article 140 of the Indonesian Civil Code).
  3. There is no promise that contains the release of rights to the inheritance of the people who lowered it (Article 141 of the Indonesian Civil Code).
  4. They should not promise that one party must pay a portion of the debt which is greater than the portion in the union profit (Article 142 of the Indonesian Civil Code).
  5. No promises can be made that their marriage will be governed by foreign law (Article 143 of the Indonesian Civil Code).

 

Men’s Purchase of Luxury Goods Tax Evasion of 740,000 Yuan

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Carrying a large number of expensive luxury goods such as famous watches and famous bags, you must declare to the customs and pay customs duties according to regulations, which is undoubtedly unknown. However, the man whose name is Yin took the means of wearing a white card and separating the watch boxes in an attempt to evade taxes. The result was discovered by the customs officers on the spot. After the event, the tariffs smuggled by a certain company should be as high as 74,000 yuan. Yesterday, due to the crime of smuggling ordinary goods, Yin was tried in the Fourth Intermediate People’s Court of Beijing.

Escaping customs duties

According to the prosecution’s accusation, the defendant Yin flew from Lisbon, Portugal, and arrived at Beijing Capital International Airport on June 18. When he entered the country, he chose to go without a declaration channel and did not declare any goods or articles to the customs. When the Customs officers of the Capital Airport checked the goods, they seized the watches, necklaces, cosmetics, bags and other goods carried in their suitcases and carried them. According to the customs’s calculation, the tax evasion amounted to a total of RMB 740,000.

The public prosecutor believes that Yin violated the provisions of national laws, evaded customs supervision, and the amount of tax payable for carrying goods into the country to evade. The act violated the provisions of China’s Criminal Law and should be investigated for criminal responsibility for the crime of smuggling ordinary goods. In view of the fact that a crime should be summoned to the case by a telephone, and the crime of truthful confession is surrendered, it can be punishable.

Make a purchase fee of 4,000 yuan

Yesterday morning, the case was heard in the Beijing Fourth Intermediate People’s Court. In the face of the allegations of the public prosecution, Yin did not raise an objection. Yin said that he and his son returned home to visit relatives when the incident occurred. For the smuggled goods, Yin said that he brought five watches from brands such as Richard Miller, Amy, Omega and Tissot. Only one Richard Miller watch has a price of 160,000 euros, while another Omega watch has a price of 130,000 euros. “A Richard Miller’s watch and a Le Méridien watch, I paid for the purchase, and earned a total of 4,000 yuan.”

In addition to watches, Yin also carries a large number of luxury brands such as brand-name cosmetics, Bulgari necklaces, LV bags and so on. And these three boxes of goods, Yin claimed to be brought back to the country. Items carrying such huge value are not declared, but for their own actions, they also know that items carrying more than a certain value must be declared for entry, but they have not gone through the declaration channel in order to evade taxes.

Watch and box are separated from the inspection

At the time of the incident, Yin set off the plane and tried to get out of the airport. When the customs cleared, the customs officers unpacked it and found several empty boxes in the box. It was originally before the clearance, all the watches should be taken out and put in the pocket. Yin said that the first move is to prevent being stolen, and the second is to prevent it from being investigated. Yin said that he does not make a living from purchasing. “I operate two KTVs and one hotel in China and a KTV in foreign countries.”

According to the testimony of the customs officers, when the customs officer inspected Yin out of the box, he saw that the empty box in the box suspected that there was smuggling. Because of the previous experience, the separation of the watch and the box is one of the typical manifestations of the hiding behavior when carrying the item. He asked Yin.

In view of Yin’s act of surrender, the public prosecutor stated that it is recommended that the court sentenced him to a fixed-term imprisonment of three years and fined the penalty and applied probation.

For his own smuggling of goods, Yin said that his legal awareness is weak, and there is no objection to the conviction and sentencing recommendations put forward by the public prosecution. In the final statement, Yin expressed his regret that he would not make a similar mistake in the future. Yesterday the court did not pronounce the case in court.