Author: Irfan Disnizar, SH.

Why Do Lawyers Defend Drug Traffickers?

Posted by Irfan Disnizar, SH. on 09/05/2024

In Indonesia, drug trafficking has always been a significant category of criminal cases and often involves a high proportion of foreign nationals. The harm caused by drug traffickers to society is undeniable, and therefore, drug trafficking is considered a serious crime in many countries, including Indonesia, where it can carry the death penalty.

So, why do lawyers defend drug traffickers? This question has sparked numerous discussions regarding legal ethics and professional responsibility. Representing drug sellers in court may raise moral controversies in society, but as part of the legal profession, lawyers have a responsibility to ensure that everyone receives fair legal representation.

Firstly, it’s worth noting that lawyers have ethical and legal obligations to respect and protect the rights of their clients. This includes providing legal representation to those accused of criminal activities. Various countries’ laws explicitly provide for this. According to Article 54 of Indonesia’s Criminal Procedure Code, “For the interests of defense, a suspect or defendant has the right to obtain legal assistance from one or more legal advisors during each stage of examination, according to the procedures specified in this law.” Similarly, the Sixth Amendment of the U.S. Constitution states, “in all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense.” Article 35 of the Criminal Procedure Law of China stipulates: “If a criminal suspect or defendant, due to economic difficulties or other reasons, does not appoint a defense counsel, the person themselves or their close relatives may apply to the legal aid agency. For those who meet the criteria for legal aid, the legal aid agency shall appoint a lawyer to provide defense. If the criminal suspect or defendant is blind, deaf, mute, or has not completely lost the ability to recognize or control their behavior, and has not appointed a defense counsel, the people’s court, procuratorate, and public security organs shall notify the legal aid agency to appoint a lawyer to provide defense. If the criminal suspect or defendant may be sentenced to life imprisonment or death penalty, and has not appointed a defense counsel, the people’s court, procuratorate, and public security organs shall notify the legal aid agency to appoint a lawyer to provide defense.” This means that even for behaviors generally considered immoral or harmful by society, lawyers must respect their clients’ rights and make every effort to defend them.

Secondly, the role of lawyers is to ensure the fairness and impartiality of the judicial system. Even if the accused may be seen as criminals, they must undergo a fair trial through due process. Lawyers’ duty is to ensure the legality of evidence and guarantee a fair trial for the accused. If lawyers were to refuse to defend certain clients based on personal moral beliefs, it could threaten the fairness of the judicial system.

Furthermore, lawyers’ work is not just about defending the accused but also ensuring the proper functioning of the judicial process. By representing the accused, lawyers have the opportunity to raise objections, defend, and challenge, which contributes to the transparency and effectiveness of the judicial system.

Lastly, lawyers serve not only as advocates but also as legal advisors. When representing drug traffickers and other defendants, lawyers may provide legal advice to help them understand their rights and responsibilities. This legal guidance ensures that defendants are treated fairly throughout the judicial process and can make informed decisions.

In conclusion, the reasons why lawyers defend drug traffickers stem from their obligation to fulfill their legal duties and responsibilities and ensure the fairness of the judicial process. Although this may provoke moral controversies, lawyers’ mission is to ensure that everyone receives fair legal representation and a fair trial through due process.

The Importance of Legal Opinion for Foreign Companies in Business Operations in Indonesia

Posted by Irfan Disnizar, SH. on 23/11/2023

In an era of global economic integration, foreign companies seeking to expand their business must fully understand and comply with the legal regulations of their target markets. For foreign companies engaging in business activities in Indonesia, a comprehensive legal opinion is particularly crucial. This article will explore the pivotal role of legal opinions in the Indonesian business environment and why foreign companies should consider them an indispensable guide.

The Complexity of the Legal Environment

Indonesia’s legal system comprises various regulations, decrees, and legal traditions, including national law, Islamic law, and indigenous customary law. The diverse legal landscape makes it challenging for foreign companies to comprehend and adhere to all regulations without professional legal guidance. A well-prepared legal opinion can assist foreign companies in navigating the intricate legal framework, ensuring that their business actions are both legal and compliant with local laws.

Investment Protection and Risk Management

Business investments in Indonesia may encounter a range of legal risks, including but not limited to contract disputes, intellectual property issues, labor regulations, and tax laws. A detailed legal opinion can help foreign companies identify potential legal risks and provide corresponding risk management advice. Additionally, legal opinions can offer insights into the investment protection mechanisms within Indonesia’s legal system, ensuring that the interests of foreign investors are effectively safeguarded.

Compliance and Business Ethics

Legal opinions, not only address regulatory compliance but also focus on the ethical compliance of business conduct. In Indonesia, business actions are often closely tied to culture, religion, and societal values. Business practices that do not align with local ethical standards may lead to social controversies. Through legal opinions, foreign companies can better understand the local culture and ethical background, enabling them to adjust their business strategies and ensure a positive image and reputation in the Indonesian market.

Establishing Sound Business Relationships

A thorough legal opinion can play a critical role when foreign companies establish business relationships with Indonesian partners. Clear contracts, agreements, and legal assurances provide a robust legal foundation for business dealings, reducing uncertainty and disputes during the cooperation process. This, in turn, helps build long-term, stable business partnerships.

In the process of entering the Indonesian market, foreign companies need to recognize the complexity of Indonesia’s legal environment and cultural background. A comprehensive legal opinion can guide foreign companies in their business actions, ensuring that their operations are not only legal and compliant but also ethically aligned with local business standards. Therefore, foreign companies engaging in business activities in Indonesia should consider a legal opinion an essential tool to minimize legal risks and enhance the chances of business success.

Legal Auditor

Posted by Irfan Disnizar, SH. on 10/05/2023

A legal audit refers to a legal risk assessment and compliance check conducted on enterprises or organizations to determine whether they comply with relevant laws, regulations, rules, contracts, and business ethics, and to identify and address potential legal risks and compliance issues. In Indonesia, legal audits must be conducted by licensed professional legal auditors with the aim of providing advice and support on legal compliance to enterprises or organizations, reducing legal risks, and avoiding legal disputes. The content of legal audits includes but is not limited to enterprise compliance, licenses, assets, labor and employment, cases, debt and credit, and taxation.

Queen Law Firm has licensed professional legal auditors who produce legal audit reports widely used in corporate mergers and acquisitions, IPO audits, large-scale international trade, financial audits, litigation cases, and intellectual property transactions.

Company Obligations when Dismissing Employees

Posted by Irfan Disnizar, SH. on 16/03/2023

Basically, if the company is going to lay off its employees, there are a number of things that must be paid to the employees, including: Severance Pay, Service Reward Money, and Compensation, with the following calculations:

Severance Pay:

working period less than 1 year, 1 month wage;
working period of 1 year or more but less than 2 years, 2 months wages;
working period of 2 years or more but less than 3 years, 3 months wages;
working period of 3 years or more but less than 4 years, 4 months wages;
working period of 4 years or more but less than 5 years, 5 months wages;
working period of 5 years or more, but less than 6 years, 6 months wages;
working period of 6 years or more but less than 7 years, 7 months wages;
working period of 7 years or more but less than 8 years, 8 months wages;
8 years of service or more, 9 months wages.

Service Reward Money:

working period of 3 years or more but less than 6 years, 2 months wages;
working period of 6 years or more but less than 9 years, 3 months wages;
working period of 9 years or more but less than 12 years, 4 months wages;
working period of 12 years or more but less than 15 years, 5 months wages;
working period of 15 years or more but less than 18 years, 6 months wages;
working period of 18 years or more but less than 21 years, 7 months wages;
working period of 21 years or more but less than 24 years, 8 months wages;
24 years of service or more, 10 months wages.

Compensation:

annual leave that has not been taken and has not fallen;
costs or fees for returning workers and their families to the place where workers are accepted to work;
other matters stipulated in work agreements, company regulations, or collective labor agreements.

Dari semua perhitungan di atas dapat di tambah atau di kurangi sesuai dengan keadaan yang terjadi misalnya, M&A dalam perusahaan, karyawan di PHK menjelang masa Pensiun atau PHK karena Karyawan meninggal dunia atau mengalami cacat parah yang menyebabkan Karyawan tersebut tidak dapat bekerja Kembali, dan beberapa keadaan lainnya.

About Operational Costs

Posted by Irfan Disnizar, SH. on 20/11/2022

In some cases, there are still many clients who ask whether Advocates who are in Java can hold proceedings outside Java. Because the distance is very far, it raises doubts for Clients who are domiciled from where the Advocate is. We need to explain that according to LAW OF THE REPUBLIC OF INDONESIA NUMBER 18 OF 2003 CONCERNING ADVOCATES, Article 5 Paragraph 2 states:

“The Advocate’s work area covers the entire territory of the Republic of Indonesia”

Thus, we can explain that Advocates can hold proceedings anywhere as long as they are still within the territory of the State of Indonesia.

Then, the next question that we usually get is, will there be additional costs for operational costs if there is a case outside the city? In general, there is, depending on the policy of the Advocates themselves. However, with the QUEEN LAW FIRM policy for cases still in the areas of Java Island and Bali Island, we provide Free Operational Costs. So we hope that all Clients from QUEEN LAW FIRM from anywhere can enjoy our services efficiently, cheaply, and quickly in handling cases faced by Clients.

Queen Law Firm That Goes Forward

Posted by Irfan Disnizar, SH. on 06/08/2022

Half a year has passed since 2022, and Queen Law Firm is still developing rapidly in the Indonesian legal field.

In the past six months, Queen Law Firm is still active in legal fields such as transnational commercial disputes, defense of major criminal cases, legal advisory services for multinational companies, writing legal opinions of foreign companies, and legal aid for foreigners in Indonesia, and has achieved brilliant results.

In the second half of 2022, Queen Law Firm will remain full of enthusiasm, devote itself to all fields of law, ride the wind and waves, overcome difficulties, and provide the highest quality legal services for companies and individuals who believe in Queen Law Firm.

Divorce in Indonesian Law

Posted by Irfan Disnizar, SH. on 08/03/2022

Divorce cannot be avoided by many couples who feel their marital relationship is no longer healthy where quarrels cannot be avoided every time, not to mention some of them are colored with domestic violence, when things like that happen many couples want to end the marriage by divorce in order to get a better life, but many people still do not understand how the divorce process is so below we will briefly explain how the divorce process is carried out.

Marriage can be terminated by death, divorce and court decisions in Article 39 of Law Number 1 of 1974 states that:

Divorce can only be carried out before a court session after the court concerned has tried and failed to reconcile the two parties;
To carry out a divorce there must be sufficient reason that the husband and wife will not be able to live in harmony as husband and wife;
The procedure for divorce before a court hearing is regulated in a separate statutory regulation.

Paragraph one clearly states that a legal divorce can only be carried out before a court session after the court concerned has tried and failed to reconcile the two parties. Then what about couples who claim to be divorced religiously who claim to have been divorced by their husbands? So we can conclude that the divorce is not valid and in law the divorce is not valid and their status is still in a legal marriage bond.

In verse two in order to divorce, there must be sufficient reason that the husband and wife will not be able to live in harmony as husband and wife. The reasons for this are contained in Article 39 of Law Number 1 of 1974 jo. Article 19 Government Regulation Number 9 of 1975 contains the following:

One of the parties commits adultery or becomes a drunkard, compactor, gambler and so on which is difficult to cure;
One of the parties leaves the other for 2 (two) consecutive years without the permission of the other party and without any valid reason or because of any other matter beyond his ability;
One of the parties gets a prison sentence of 5 (five) years or a heavier sentence after the marriage takes place;
One of the parties commits cruelty or serious harm that is harmful to the other party;
One of the parties has a physical disability or disease which causes them to be unable to carry out their obligations as husband/wife;
Between husband and wife, there are constant disputes and quarrels and there is no hope of living in harmony again in the household.

The reasons mentioned above are still being added 2 more as stated in article 116 of the compilation of Islamic law, namely:

The husband violates taklik talak (conditions which can precipitate a divorce under Islamic law) (article 116 letter (g) of the Compilation of Islamic Law).
Religious conversion or apostasy that causes disharmony in the household (article 116 letter (h) Compilation of Islamic Law).

Whereas in paragraph three the procedure for divorce is regulated in Government Regulation Number 9 of 1975, which allows a husband or wife to file a lawsuit in court, which needs to be known for Muslim and non-Muslim divorces carried out in different courts, for Muslim couples divorce is carried out in court. religion, while for non-Muslims it is done in the District Court.

Legal Notice

Posted by Irfan Disnizar, SH. on 02/03/2022

At this time, many people are confused with the Legal Notice, what is the Legal Notice? Is the Legal Notice useful for solving problems? And there are many more questions about Legal Notice so we will discuss them here.

A Legal Notice is a warning letter from a potential Plaintiff to a prospective Defendant as regulated in Article 1238 of the Civil Code which states that: “The debtor is negligent if he with a warrant or with a similar deed has been declared negligent, or for the sake of his own engagement, if this stipulates, that the debtor will have to be considered negligent with the passage of time found.”

The contents of the Legal Notice should at least contain the identity of the prospective Plaintiff, the identity of the prospective Defendant, the background of the problem, negligence committed by the potential defendant, requesting the rights of the prospective Plaintiff, order for the prospective Defendant to immediately fulfill his obligations and provide space to negotiate, this space to negotiate is a way of resolving disputes in a family manner which is usually done before a lawsuit is filed in court.

Is the Legal Notice useful for solving problems? Of course, it is useful and one of the effective ways to resolve a dispute because the Legal Notice is in the form of a warning letter reminding the prospective Defendant to immediately fulfill his obligations and as a goodwill gesture from the prospective Plaintiff to resolve the dispute amicably before the lawsuit is filed in court.

Difference between PT and CV

Posted by Irfan Disnizar, SH. on 16/02/2022

So far, there have been many questions from entrepreneurs who have just started their business, who have questioned the difference between a PT and a CV.

PT stands for Limited Liability Company which is formed as a legal entity as stated in Law Number 40 of 2007 concerning Limited Liability Companies, while CV stands for Commanditaire Venootschap or limited liability company, which is a company that is not a legal entity because there are no regulations governing it.

Here are the most obvious differences between PT and CV:

Accountability
The liability of PT is delegated to the Board of Directors, while the liability of shareholders is only limited to the amount of capital invested, as stated in Article 3 paragraph 1 of Law Number 40 of 2007 concerning Limited Liability Companies. While the responsibility for the CV is delegated to the Complementary Partners who are fully responsible severally and severally up to personal assets.
Management
PT is managed by the Board of Directors who is fully responsible for the management of PT for the interests and objectives of the company and represents the company both inside and outside the court in accordance with the articles of the association while CV is managed by a complementary partner who is fully responsible for managing CV.
Organization
The PT organization is more structured while the CV is only managed by the Complementary Partner.
Company Organ
PT has a clear corporate organ, namely the GMS, the Board of Directors, and the Commissioner, while the CV only has a complementary partner.
Capital
In Law Number 40 of 2007, the capital for the establishment of a PT is set at Rp 50 million, unless otherwise stipulated by the law or regulations governing the implementation of such business activities in Indonesia. Of the minimum capital, as much as 25 percent of the total initial capital must be issued and fully paid up. As for CV, there is no capital limit in its establishment.

Thus, above are some of the differences between PT and CV, in the author’s opinion, if you are going to establish a company, it is better to have a PT with the consideration that the PT has a legal entity, the capital consists of shares, limited liability and has a structured organization.

Indonesia Queen Law Firm Annual Review of 2021

Posted by Irfan Disnizar, SH. on 03/01/2022

2021 is an extraordinary year for Queen Law Firm.

During this year, Queen Law Firm participated in a large number of civil litigation and criminal defense, safeguarding the rights and interests of many companies and individuals. At the same time, Queen Law Firm has acted as long-term legal counsel for many multinational companies from China, Singapore, and Malaysia, ensuring the smooth development of many multinational companies’ businesses in Indonesia. In addition, in 2021, Queen Law Firm participated in the drafting of a large number of contracts, completed a large number of legal consulting work, and issued a large number of legal opinions.

Due to many factors such as strong professional knowledge, rich experience of team members, high success rate, high customer satisfaction, and many other factors, Queen Law Firm won the “2021 Indonesia Best Choice Award” and “2021 Indonesia Best Lawyer Award”, and many other awards.

In 2022, Queen Law Firm will continue to be active in all corners of the legal world, providing legal services to global companies and individuals, and making due contributions to our own capabilities.