In a land dispute case that was pronounced at the Cianjur District Court on September 29, 2021, although the opponent was a team of well-known lawyers in the field of law, Queen Law Firm still fulfilled its mission and spared no effort to protect the interests of its clients, and as always achieved the final victory.
Winning cases continuously is the best gift Queen Law Firm can give to its clients.
There are many cases of land disputes that have entered Queen Law Firm, with different characteristics of cases, although many cases are similar but not the same, here are some of the problems we often encounter:
In order to avoid the above-disputed issues in terms of buying and selling land, everyone should pay attention to the following:
However, if this land dispute has occurred, the settlement of land disputes can be done through the District Court, it can also be through the State Administrative Court, and it is not uncommon for land dispute resolution to penetrate into the criminal law area because the dispute contains elements criminal.
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.
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.