Category: Legal Articles

Prenuptial Agreement on Indonesia

Posted by Dr. Guan Yue on with 0 Comment

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).

 

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

Posted by Dr. Guan Yue on with 0 Comment

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.