Author: Dr. Guan Yue

Arrest of Wisnu Wardhana in the Corruption Case

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We as citizens greatly appreciated the performance of the Surabaya training team which had arrested Wisnu Wardana who was a fugitive from the Corruption case, who was arrested on Wednesday 9 January 2019, previously Wisnu Wardana was on the run for three months. With the arrests that took place very dramatically so that the motorbike of the Surabaya team was hit by Wisnu Wasdana to smoky. After being arrested, the convict was then taken to the Surabaya District Prosecutor’s Office to undergo several document checks before being taken to Surabaya Class I Lapas in Porong Sidoarjo.

Wisnu Wardana is a convicted corruption case that has cost the country Rp 11.7 billion. Wisnu Wardana was proven to violate Article 3 of Law Number 31 of 1999 concerning Eradication of Corruption Crime as amended in Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 in conjunction with Article 55 paragraph (1) of the First Criminal Code.

The case of Wisnu Wardana Alone was sentenced to 3 years in prison and a fine of Rp 200 million subsidiary 2 months in prison at the Surabaya Corruption Court. Then Wisnu Wardhana appealed to the East Java High Court which reduced his sentence to 1 year in prison. After that, the East Java Attorney appealed to the Supreme Court which later in December 2018 raised the Wisnu Wardhana verdict to 6 years in prison and a fine of Rp. 200 million subsidiary six months in prison, and obliged Wisnu Wardhana to pay a compensation of Rp1,566,150,733 three years in prison.

Precious Calligraphy from Beijing

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On July 12, 2018, Queen Law Firm received valuable prizes from Beijing, China, namely calligraphy with the words “Da Zhan Hong Tu” (Opening a Broad Future).

This precious calligraphy came from the hands of General Fu Leping, matan Director of the Propaganda Department of the 47th Army of the Chinese People’s Liberation Army. As an old friend of the Queen Law Firm, General Fu heard that we opened a new office in Bandung, Indonesia. He felt very happy and specifically sent this precious calligraphy from Beijing as a gift.

The hopes of the older generation will inspire the younger generation to advance and contribute more to maintaining legal justice.

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.

National Seminar

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On August 25, 2018, Advocate Eni Oktaviani and Legal Counsel Guan Yue were invited to participate in the National Seminar on “How judges at all levels of courts across the country should make more fair, honest and authoritative judgments” at the University of Suryakancana.

Also attending the seminar were Dr. Muhammad Syarifuddin who is Associate Dean of the Supreme Court of Indonesia, and Chief Justice Dr. Dudu Duswara Machmudin.

At the meeting, everyone fully listened to the recommendations of the two judges on the establishment of a more just and honest court system, and launched a positive discussion. The two judges frequented flashes of humor, and they frequently received enthusiastic applause from the audience.

After the meeting, Guan Yue and Eni Oktaviani accepted an exclusive interview with the TV station. For the construction of the Indonesian judicial system, they also published their own opinions.

Advocates Are Ensured That They Cannot Meet If They Do Not Register at E-Court

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The application of case administration in electronic courts (e-court) has a direct impact on the practice of advocates in Indonesia. Advocates who do not have an e-court account will be hindered by proceedings in a number of courts. But the Supreme Court guarantees a fast, easy and practical account registration process for advocates in e-court socialization, Friday (7/20), at the Pullman Hotel, Jakarta.

Director General of the General Judiciary Agency Herri Swantoro, Director General of the Religious Courts Agency Aco Nur, and Director General of the Military Court and State Administration Agency Maj. Gen. Mulyono explained directly to advocates at the socialization event in collaboration with the Indonesian Advocates Association (Peradi) “Indonesian Advocate Voice”.

Supreme Court Regulation No.3 Year 2018 concerning Administrative Cases in the Electronic Court promulgated since April 4, 2018 then covers the administration of civil, civil, religious, military and business administration matters.
Based on the Perma E-Court, proof of membership in an advocate organization and evidence of an official oath by the high court is a key condition for registration.

Article 4
…
(3) The requirements for being a registered user for advocates are:
a. ID card
b. Advocate membership card; and
c. Minutes of swearing in by the high court

Article 6
…
(2) The Supreme Court has the right to refuse registration of registered users who cannot be verified.

Although not all courts have implemented e-court, Director General Badilum Herri Swantoro told hukumonline that the Supreme Court is targeting all district courts, religious courts and state administration courts to be ready to use the e-court system in September 2018.

“The Chief of the Supreme Court is targeting September to be all ready,” Herri said after socialization.

Herri explained that being registered in the e-court system is an absolute requirement for advocates to represent their clients as legal counsel in the trial. “If you don’t register, you can’t enter the system, verify it in the High Court,” he said.

According to Herri, advocates who have been appointed before the Advocate Law must still have a letter of appointment through the Department of Justice at the time. Although it is not in the form of an Oath Minutes, the document still has an administrative number. “If there is a file that is definitely verified by the High Court, if it does not exist, it will be traced,” Herri explained.

Juniver Girsang, Chairperson of Peradi “Voice of Indonesian Advocates” welcomed the e-court system for the future of the advocate profession in Indonesia. “This is good. There are no more illegal advocates, “he said at the event.

According to Juniver, this regulation disciplines lawyers to actually have an oath report and join advocate organizations. “The requirement to have an account is the news of the oath and the sign card of the advocate, beyond that it cannot. Must enter the organization. Can not convene if it is not registered, “he told hukumonline.

Harry Ponto, Peradi Deputy Chairperson “The Voice of Indonesian Advocates” said the same thing. Harry sees that the e-court system will also contribute to improving the quality of the advocate profession. “This is part of policing and hopefully our starting point is solid,” he said when interviewed by hukumonline.

He said that the e-court system had been implemented in Singapore since a dozen years ago. With the fact that e-court is not new in the global world, Harry hopes that advocates support the advancement of this technology to improve the quality of law enforcement. Including the improvement of the quality of the advocate profession.

“For those who have been messing around with the fake oaths, stop, if there is a fake it means criminal, will be pursued again,” he said.

When asked about the complaints of a number of Peradi members who did not have the swearing-in minutes because they were appointed as advocates with the “whitening” of the Advocate Law, he invited immediately to contact Peradi to take care of the swearing. “Let’s report, we facilitate the swearing. Just last year like Mr. Fred, Who doesn’t know? Founder Peradi too. Last year (new) was sworn, “he said.

According to Harry, senior Peradi members who did not yet have an oath report were mostly from legal consultants before the Advocate Law was passed. “They have actually been verified by Peradi in 2004, we have already offered them, there have been quite a number of people sworn in,” he said, who is also a member of the Capital Market Legal Consultants Association (HKHPM). He mentioned that there were not many people who did not have an oath, about 150 people.

Since it was officially launched on July 13, 2018 and then in Balikpapan, the Supreme Court has announced that there are 31 District Courts, 9 Religious Courts, and 6 State Administrative Courts that have used e-court. To be registered as an e-court account owner so that they can convene in these courts, advocates must fill in the following data on the page http://ecourt.mahkamahagung.go.id.

Meeting with Secretary-General Liu in Shanghai

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On the evening of June 19th, 2018, Guan Yue and Eni of Queen’s Law Firm met in Shanghai’s Pudong New Area with Mr. Liu Xilun, the Secretary General of the Coffee Industry Association of the Yangtze River Delta, and had dinner together.
The two sides exchanged in-depth views on the political, economic, cultural, and social conditions of China and Indonesia, and established a long-term development of strategic cooperative partnership. Guan Yue said that Indonesia is a big coffee country, and China is a big consumer of coffee. If it can establish a cooperative relationship with coffee, it will surely contribute to the economic development of the two countries. Secretary-General Liu also stated that China’s investment trends overseas, especially in Southeast Asian countries, are increasing rapidly. In many cases, legal issues are the first obstacle for investors to invest overseas. If there’s a case like Queen’s Law Firm, The legal institutions that can directly provide services for Chinese investors will be more convenient and safe for Chinese people to invest in Indonesia in the future.
The good relations between China and Indonesia have been obtained through the joint efforts of the tens of thousands of people of the two countries and will be passed on from generation to generation.

Our Law Firm Cooperate with Department Law & Human Rights

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On Monday June 04, 2018, Our  Law Firm followed socialization and Accreditation in Department Law & Human Rights. with the holding of this cooperation is expected to help more poor people who have legal problems. with a wider range.

The purpose of this cooperation is one of our dedication to the community in order to help women and children ksusnya and the wider community in general, hopefully with this cooperation we can provide better services to the community in need.

Queen Law Firm Become Partener of Cianjur District Court

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On April 12, 2018, the Cianjur Women & Child Legal Protection & Aid Institute has signed a contract with the Cianjur District Court to become institute that holding the Cianjur District Court Legal Aid Post.

As the renowned Indonesian law firm, Queen Law Firm has committed to providing more free legal services to the public. As an institution that belongs to Queen Law Firm, Cianjur Women & Child Legal Protection & Aid Institute specializes in legal aid. In recent years, Cianjur Women & Child Legal Protection & Aid Institute continuously sign agreements with police stations, prosecutors and courts so that more and more people to enjoy the same rights of defenders.