Queen Law Firm once again successfully helped the Chinese company win the lawsuit, got the payment back, and obtained compensation.
Queen Law Firm will as always resolve all legal issues including commercial disputes for you, protect your legal rights to the maximum, and escort your business and personal activities in Indonesia.
Remind all those who are about to commit, are, or intend to commit illegal/criminal activities, they must remember that there are relatives, parents, children, and wives waiting for your return at home. Once you are subject to criminal penalties, not only are you alone but also your parents, wife, and children. Legally, you must take responsibility for what you have done, but if you are imprisoned, your parents, wife, and children will suffer unnecessary joint punishments for this. Such punishments may be financial. It may also be spiritual. Many times, because they worry about you, they have to give up a comfortable life, cut rations and family expenses, and even owe debts so that they can send food and other necessities to prison, just to make you feel less in prison. Bit bitter.
As lawyers dealing with criminal defense, we must often go to prison to meet with clients. We often see elderly mothers wandering in the queue for visits carrying food to be sent to prison. There are also many women with toddlers sitting in chairs with sad faces waiting to see their husbands. They are worried about the condition of their husbands in prison, while the innocent children are still playing, not knowing what happened to their father. For criminals of foreign nationality, their families need to raise money to buy air tickets and travel all the way to an unfamiliar country, even if they are separated by thousands of mountains and rivers, in their minds, what they want to visit is not a criminal, but a relative.
Stay away from all kinds of illegal and criminal acts, because that is the best way to love and protect your family.
Purpose of Designing Business Contracts
Formulate a Contract that can provide legal binding power, as well as provide legal certainty for parties involved in a business / commercial transaction.
The types of trade transactions are becoming increasingly varied and transnational in nature.
Insights on non-legal issues are very important, which can affect the success of a business transaction and fulfill the legitimate expectations of the parties.
Good Business Contract
A good business contract designer must have the willingness and ability to have commercial awareness or understanding of the goals and objectives of a commercial transaction.
A good Business Contract can only be drawn up if a designer can understand:
Conclusion
In preparing a Business Contract, as a good contract compiler, someone must at least:
Trying to understand the interests/peculiarities/characteristics of these business transactions and bring them to the realm of legal thought to then ground them back to the world of business, namely in the form of BUSINESS CONTRACTS
In other words, translating business deals into the concept of “Contract Law”
Inspired by : Dr. Bayu Seto Hardjowahono, SH., LL.M & Ignatius Denny Lesmana
Notice to all Queen Law Firm clients, we apologize for the time being we only serve ONLINE Consultations and have not been able to provide face-to-face consultations, due to the Covid-19 pandemic, so we carry out a Health protocol by social distancing.
For consulting services such as cases of Default, Unlawful Acts, Tax Disputes, Bankruptcy, Making and Reviewing Contracts, Crime, etc. It can still run online via e-mail, WhatsApp, and if necessary we can provide consultations with the Zoom application.
The legal services mentioned above will take effect from September 8, 2020, until the Covid-19 pandemic subsides, thus we convey this notification for your attention, we thank you, keep your health and continue to implement the Health protocol recommended by the government.
Many of our clients, especially foreigners who are getting married or already married to Indonesians, ask whether before marriage they have to make a Prenuptial Agreement and what is the Prenuptial Agreement for?
Therefore, we will first discuss the Prenuptial Agreement, Prenuptial Agreement found in Article 29 Paragraph 1 of Law No. 1 of 1974 concerning Marriage which states: “At the time or before the marriage is held both parties a party with a joint agreement can submit a written agreement that is legalized by a marriage registrar, after which the contents also apply to the third party involved.”
The prenuptial agreement contains the separation of property, for foreigners the Prenuptial Agreement is very important especially for immovable objects such as land, houses, shop houses, office houses, apartment units and other properties that cannot be owned by foreigners, referring to Article 26 Paragraph (2) of Law No. 5/1960 concerning Basic Regulations for Agrarian Principles states: “Property rights cannot be owned by foreigners and the transfer of property rights to foreigners is prohibited under the threat of null and void.” In this principle, it is emphasized that foreigners cannot own land in Indonesia and only Indonesian citizens can own land in Indonesia. Meanwhile, at the time of marriage, there will automatically be a mixture of assets contained in Article 35 Paragraph 1 of Law No.1 of 1974 concerning Marriage which states that: “Assets acquired during the marriage become joint assets.” Thus, all assets in the form of movable and immovable objects will automatically become collective assets. However, back again to Article 26 Paragraph (2) of Law No. 5 of 1960 concerning Basic Agrarian Principles that foreigners cannot have ownership rights to land, so couples of different nationalities in Indonesia must make a prenuptial agreement to separate their property, especially immovable objects so that the husband/wife Indonesian citizens can purchase immovable property in the form of land, houses, shop houses, office houses, apartment units, and other properties.
Then when should a prenuptial agreement be made? This agreement should be made before the marriage takes place and be registered at the time the marriage takes place.
But what if a couple from different countries before and after marriage have not made a Prenuptial Agreement? Referring to the Decision of the Constitutional Court of the Republic of Indonesia Number: 69 / PUU-XIII / 2015, it is stated that: “A marriage agreement can be made at the time, before it is held (marriage) or while in a marriage bond and both parties with consent – can jointly submit an agreement. written which is legalized by a marriage registrar or notary public, after which the contents also apply to Third Parties as long as the Third Party is involved. ” And in Article 29 Paragraph 1 of Law No.1 of 1974 concerning Marriage which states:” At or before the marriage takes place both parties based on mutual consent may submit a written agreement that is legalized by the marriage registrar, after which the contents also apply to the third party involved.”
Therefore, a Prenuptial Agreement (Marriage Agreement) can be signed after marriage and has the same legal effect as a Prenuptial Agreement signed before marriage.
Congratulations to lawyer Irfan Disnizar from Queen Law Firm who has obtained the “License of Receiver and Administrator for Bankruptcy”.
Receiver for Bankruptcy is a Heritage Hall or Individual appointed by the Court to manage and settle the assets of a Bankrupt Debtor under the supervision of the Supervisory Judge following UUK (Bankruptcy Law).
Administrator for Bankruptcy in Suspension of Debt Payment Obligations is a Legacy Hall and/or Individuals domiciled in the Territory of the Republic of Indonesia, who have special expertise needed in order to manage debtor’s assets in delaying debt payment obligations.
Principle of Peace
“Peace Institution” in the Bankruptcy and Postponement of Debt Payment Obligations Law regime is the embodiment of various principles adhered to in the UUK and at the same time becomes the most important institution in the UUK;
The principle referred to is the Balance Principle, which is the balance between the interests of debtors, creditors and other stakeholders in the Postponement of Debt Payment Obligations and Bankruptcy proceedings;
The principle of business continuity (going concern) becomes very important to protect the business of debtors and creditors, employees, suppliers and other parties directly and indirectly;
The Principles of Transparency and Justice are keywords in the peace process.
The Party That Proposed Peace Plan
1. debtor, When submitting a petition request for himself (voluntary petition). Debtors who estimate in the future will not be able to carry out their obligations to creditors;
2. debtor, When he is declared to have postponed his debt payment obligations;
3. debtor, When he was declared bankrupt;
4. curator, When the debtor is declared bankrupt.
Bad Credit
Bad credit or problem loans are loans that have difficulty paying off due to factors or intentional elements or due to conditions beyond the ability of the Debtor.
In Indonesia, there are 2 (two) types of credit:
Cause
The appearance of problem loans does not happen suddenly, it will appear after going through a process, which can be caused by negligence or mistakes of the Creditors (financial service providers) or from the Debtors.
Creditor
Careless apply credit rules, it is too easy to give credit, the concentration of credit funds in a group of debtors, high-risk business sectors, lending that exceeds the ability limit, etc.
Debtor
Declining business conditions due to deteriorating general economic conditions, mismanagement, family problems, business failures, liquidity problems, force majeure, bad temper, etc.
Bad Credit Indication
How to Settle Bad Credit
The Emergence of Tax Disputes
General Explanation of Law No. 14 of 2002 concerning Tax Courts (PP Law) in the first paragraph explains that:
“The implementation of tax collection that is not by the Taxation Law will cause injustice to the taxpayer community so that it can lead to a Tax Dispute between the taxpayer and the authorized official”.
Tax Dispute
Article 1 point 5 of the PP Law provides an official understanding of the Tax Dispute as follows:
“Tax Disputes are disputes arising in the field of taxation between taxpayers or Tax Insurers and the Authorized Officials as a result of the issuance of decisions that can be appealed or prosecuted to the Tax Court based on tax legislation, including lawsuits over the conduct of billing under the Forced Tax Collection Law “.
Appeal or Lawsuit?
Settlement Process
Prof. Sunaryati Hartono once said: Indonesia must run the law if it wants to advance.
Indonesia ’s Finance Minister Sri Mulyani recently emphasized that Indonesia ’s economic growth does not come from debt, but from investment by foreign private companies. Relying on investment, she is confident that Indonesia’s economic growth rate can reach 7%. In order to attract more foreign investment, the government should formulate facilitation measures in the financial field. One of them is to deregulate investment and promulgate Omnibus Law, such as the implementation of tax reduction and incentive policies, to attract large amounts of foreign investment. So despite the regulation of e-commerce taxation, its purpose is to attract foreign investment and promote economic development.
Among them, Article 14 of the Comprehensive Tax Law clearly stipulates that resolute action will be taken on all traders who participate in commercial activities in the form of e-commerce. In this case, the Ministry of Finance plans to impose income tax and value-added tax on e-commerce operators.
As mentioned in Article 14, paragraph 1, income tax will be levied on the income of tax bodies that conduct e-commerce activities in Indonesia.
The income tax levied on Indonesian e-commerce traders will follow the provisions mentioned in the Income Tax Law. The value-added tax levied on Indonesian domestic e-commerce traders will follow the provisions of the VAT Law on Goods and Services and the Luxury Sales Tax.
According to the “SEA e-Conomy 2019 Report”, Indonesia is expected to achieve a target of $ 82 billion in e-commerce transactions by 2025. On the other hand, Indonesia’s closest competitor is Vietnam. By 2025, Vietnam’s transaction volume is only 23 billion US dollars. From this fact, the efforts of the Indonesian government to pursue e-commerce taxes are largely meaningful because of the huge tax potential. This potential digital tax can also help the government achieve tax goals.
At the same time, this measure can further regulate the Indonesian e-commerce market, thereby better attracting foreign investment.