Knowing KITAS (Limited Stay Permit Card) In Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has discussed about "How to Open a Police Report in Indonesia?", and on this valuable occasion will be discussed about Knowing 'Limited Stay Permit Card' or KITAS In Indonesia? 

Term & Governing Law on KITAS (Residence Permit) In Indonesia

KITAS is a 'Limited Stay Permit Card', before being named 'KITAS' it was called 'KIMS' or 'Temporary Resident Permit Card'. This card is intended for Foreign Citizens working in Indonesia so that they can stay in Indonesia (a kind of resident permit) and must be extended once a year. To get this card, you must have a job in Indonesia and be sponsored by the company where the foreign citizen works.[1]

Governing Law on 'Limited Stay Permit Card' or KITAS In Indonesia, among them, are:[2]

1. Law No: 6 Year 2011 Regarding Immigration;
2. Law No: 13 Year 2003 Regarding Manpower;
3. Ministry of Law and Human Rights (Kemenkumham) Regulation No. 16 Year 2018 Regarding Procedures for Granting Visas and Stay Permits for Foreign Workers;
4. Presidential Regulation No: 20 Year 2018 Regarding The Use of Foreign Workers;
5. Government Regulation No: 31 Year 2013 Regarding The Implementing Regulations of Law No: 6 Year 2011 Regarding Immigration.
6. Ect.

Limited Stay Permit Cards (KITAS) are issued to:[3]

1. Foreigners who are legally married to Indonesian citizens;
2. Children of foreigners who are legally married to Indonesian citizens;
3. Children who at the time of birth in the Indonesian Territory father and/or mother holders of a Limited Stay Permit Card (KITAS);
4. Foreign nationals who enter the Indonesian Territory with a limited stay visa or foreigners who are granted status transfer from a visit Stay Permit;
5. The captain, crew, or foreign experts on board ships, floating equipment, or installations operating in Indonesian waters and jurisdictions in accordance with the provisions of laws and regulations;
6. Limited Stay Permit Card can also be given to Foreigners to do short work.

Foreign Workers referred here are includes:[4]

1. Work as an expert;
2. Conduct scientific research;
3. Participate in education and training;
4. Performing duties as a clergy;
5. Elderly tourists from abroad;
6. Foreigners who are former Indonesian citizens;
7. Foreigners in the context of investment;
8. Joining a husband or wife holding a Limited Stay Permit Card (KITAS);
9. Merge with the father and/or mother for children who are foreign nationals who have a legal family relationship with the father and/or mother who are Indonesian citizens;
10. Joining the father and/or mother holding a Limited Stay Permit Card or Permanent Stay Permit Card for children under 18 (eighteen) years old and unmarried;

The validity Period of The Limited Stay Permit Card Ends Because The Holder:[5]

1. Return to the country of origin and do not intend to enter the Indonesian Territory again;
2. Return to their country of origin and do not return again beyond the validity period of their Re-Entry Permit;
3. Obtaining the citizenship of the Republic of Indonesia;
4. The permit has expired;
5. The permit changes status to Permanent Stay Permit;
6. The permit is canceled by the Minister or the appointed Immigration Officer;
7. Subject to Deportation;
8. Died.

We summarize the procedures for managing ITAS for Foreign Workers as follows: 1). Applications are submitted by foreigners or their guarantors to the relevant Immigration Office; 2). Applications must be submitted within 30 days from the date of entry; 3). The Immigration Office checks the requirements that must be attached; 4). In the event that the inspection requirements have been met, the Head of the Immigration Office within a maximum of 4 (four) working days issues the Limited Stay Permit Card (KITAS). If you have any issue regarding your Limited Stay Permit Card (KITAS), contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Prosedur Kartu Izin Tinggal Terbatas", www.bisaberes.com, diakses pada tanggal 8 Oktober 2021, http://www.bisaberes.com/prosedur-perizinan-kitas.php

2. "Apa Itu KITAS, Jenis, Kegunaan, dan Dasar Hukumnya", www.cermati.com, Editor: Irene Radius Saretta, diakses pada tanggal 8 Oktober 2021, https://www.cermati.com/artikel/apa-itu-kitas-jenis-kegunaan-dan-dasar-hukumnya;

3. www.bisaberes.com., Op. Cit.;

4. www.bisaberes.com., Op. Cit.

How to Open a Police Report in Indonesia?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has discussed about "First Legal Aid When a Foreigners Arrested By The Police", and on this valuable occasion will be discussed about 'How to Open a Police Report in Indonesia?'

As mentioned in the previous article, when you are abroad, one of the things that is different is the law where you live. And when you are abroad, bad luck can happen to anyone, including being a criminal actor because of your ignorance (or other reasons) or even being a victim of a crime committed by someone else against you. In this article, we will discuss, by law, the occasion when you become a victim of crime in Indonesia. More specifically, this article will discuss the legal remedies that a foreign citizen can take while in Indonesia to report a crime that has occurred to him/her at the relevant Police Office.

Various Examples of Criminal Acts

Crime can happen to anyone and anywhere. Indonesia is no exception, the victim can be anyone, including foreign nationals currently in Indonesia. This article is not meant to scare you, on the contrary, it intends to help you when you are in this country to get the right information when a crime happens to you. 

Some common crimes that may happen to you include theft, fraud and embezzlement.[1] Article 362 of the Criminal Code (KUHP) stipulates that "Anyone who takes an item, which wholly or partly belongs to another person, with the intention of possessing the item against the right, shall be punished for theft, with a maximum imprisonment of 5 years or a maximum fine of Rp. 900,-". 

Article 378 of the Criminal Code ("KUHP") regulates the crime of fraud as follows: "Anyone with the intention of unlawfully benefiting himself or another person by using a false name or false dignity (hoedaningheid); by deceit, or a series of lies, inducing another person to hand over something to him, or to give a debt or write off a debt, is threatened, for fraud, with a maximum imprisonment of four years". 

Article 372 of the Criminal Code ("KUHP") regulates the crime of embezzlement as follows: "Anyone who knowingly owns against the rights of an item which wholly or partly belongs to another person and the item is in his hands not because of a crime, shall be punished for embezzlement, with a maximum imprisonment of four years or a maximum fine of Rp. 900,-".

Many other crimes are regulated by different laws. Note that criminal acts regulated by each law in Indonesia are included in legal terms, so they must meet the elements contained therein. Of course this is not easy for most ordinary people. Discuss this topic with your legal advisor so that the Police Report that you are about to open leads to a clearer direction of the specific criminal term.

Governing Law on Police Reports

Article 1 Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP") provides a definition of the Report as follows: "Report is a notification submitted by a person who, because of his rights or obligations under the law, to an authorized official regarding, has or is currently or is suspected of having a criminal event." Those who have the right to submit reports are people who have experienced, seen, witnessed or become victims of events that constitute criminal acts, either orally or in writing. 

In relation to this article, then your position as a foreigner who is in Indonesia is as a victim of a crime committed by someone else against you. Procedural law (Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP")) in Indonesia protects you by providing you with the right to report a crime you have experienced to the relevant Police institution. Regarding how to open a Police report at the relevant Police Station, I suggest you continue reading this article to the end.

How to Open a Police Report ("LP") in Indonesia?

As a guide, here's how to open a criminal report according to the author's practical experience:

1. Come to the relevant Police Station;
2. Come to the Integrated Police Service Center (SPKT);
3. Tell the chronology of the crime that you experienced to the Police officers;
4. If the incident you experience is a criminal act, the Police officer will give you a report sign, if it is not a criminal act, the Police officer will not give you a report sign.

Complete your report with your self identity, witnesses and supporting evidence related to the crime you experienced. If you intend to send us an e-mail, please read this article first: "How To Report Online Scammer Or Fraud To The Police In Indonesia" you may need also to read "What's The Difference Between Police Report and Public Complaint?". And if you have any difficulties to open a Police Report in Indonesia, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. Criminal Code ("KUHP");

2. Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP");

First Legal Aid When a Foreigners Arrested By The Police

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has discussed the subject of "How To Married Indonesian Women Legally?", and on this valuable occasion will be discussed about First Legal Aid When a Foreigners Arrested By The Police.

Being Abroad

When you are abroad, you will be faced with very different conditions from when you are in your own country. Different factors such as language, geographical conditions, food, culture and even laws are some of the factors that you have to deal with. If the day is not on your side, then one of them can put you at a disadvantage. Good luck is keeping you away. 

We will take one factor that is different in each country, namely the law. The laws that apply in each country are basically different. In a certain country, certain goods are prohibited, while in other countries are legal. For example, regarding marijuana/Cannabis. Cannabis in certain countries such as the Netherlands, Canada, Colombia, Uruguay and Ecuador is not illegal. Meanwhile, in countries such as Indonesia, Malaysia, Russia and China, marijuana is illegal. Marijuana is still classified as a dangerous drug.[1]

Therefore, understanding the laws of the country where you are located is very important. When you violate the legal order in the country where you are located, as a consequence you will have to deal with law enforcement officials, especially the police institution. There are many other legal rules that you must obey when you are abroad, no different when you are in Indonesia. You must comply with applicable laws even if you do not know them. This is where it is important that you read this article to the end. In the event that you are out of luck, you still have valuable legal information to guide you through.

First Legal Aid When a Foreigners Arrested By The Police

The criminal justice process in Indonesia is actually a long and complicated one. At least for common people. In general criminal offenses, this starts from the investigation process at the Police institution to the final process at the Correctional institution. However, when you violate it, then like the law in general, you also have the right to defend yourself and get assistance from a lawyer. No different with Indonesia. 

Law Number: 8 of 1981 concerning Criminal Procedure Code, In particular, Article 54 stipulates that: "For the sake of defense, a suspect or defendant is entitled to legal assistance from one or more legal advisers during the time and at every level of examination, according to the procedure specified in this law". This article stipulates that you have the right to obtain a defense and appoint your legal counsel to do so, even more than one lawyer.

In addition, Article 55 of the same law stipulates that: "To obtain legal counsel as referred to in Article 54, the suspect or defendant has the right to choose his own legal advisor". This article provides that you have the right to appoint your own legal advisor. 

Still according to the Law Number: 8 of 1981 concerning Criminal Procedure Code, In particular, Article 57 paragraph (1) stipulates that: "A suspect or defendant who is subject to detention has the right to contact his legal adviser in accordance with the provisions of this law". Here it is regulated that you have the right to access legal counsel by contacting him/her. Contact your legal advisor as first aid when arrested by the Indonesia state Police.

Use Your Rights

Law Number: 8 of 1981 concerning Criminal Procedure Code has strictly regulated the rights of a person when detained in criminal proceedings in Indonesia. For example is set in Article 54, Article 55, and Article 57 paragraph (1) as above. This means, law enforcement in Indonesia is to guarantee protection for anyone who is detained while undergoing a criminal process. 

By using your right to defend yourself in front of the law, you have participated in upholding the law with dignity and respect for human rights. If you have difficulty dealing with Police institution in Indonesia, contact us, feel free in 24 hours, we will be glad to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "5 Negara yang Melegalkan Penggunaan Ganja bagi Warganya", www.kompas.com., Sekar Langit Nariswari, diakses pada tanggal 5 Oktober 2021, https://lifestyle.kompas.com/read/2021/04/21/151122920/5-negara-yang-melegalkan-penggunaan-ganja-bagi-warganya?page=all.

2. Law Number: 8 of 1981 concerning Criminal Procedure Code.

How To Married Indonesian Women Legally?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has discussed about "Strategies for Filing Divorce Lawsuits for Foreigners And Migrant Workers", and on this occasion will be discussed about How To Married Indonesian Women Legally?

The Natural Beauty of Indonesian Women

Many facts about the world of Indonesian women that attract the attention of the world. For example, about the natural beauty of Indonesian women. The following are beautiful facts of Indonesian women that should make them proud to be Indonesian.[1]

Firstly, Indonesian women are polite. It is no secret that women from Indonesia are friendly and polite women. Even many foreigners who come to Indonesia will feel comfortable. The comfort that comes from the warm welcome of their smiles and manners. Secondly, Indonesian women are persistent and smart. Not only beautiful, Indonesian women are also known as smart and persistent figures. Now many Indonesian women are entering influential figures in the world. This proves that Indonesian women do not only rely on beauty.

Thirdly, Loving Local Culture. It's no secret that Indonesia has a lot of cool and incredibly unique local culture. The culture varies from every region in Indonesia. This culture must be preserved as part of maintaining cultural wisdom. This is where the role of Indonesian women is so important. Many Indonesian women have become ambassadors to maintain and introduce local culture. Not only in the country, but also in the world. They love the local culture with all their heart.

Fourthly, Indonesian women are independent. The beauty of Indonesian women is increasingly shines bright because they are independent figures. They are usually self-sufficient, committed, loyal and responsible. Therefore, Indonesian women are very good and even special in the world. Fifth, Indonesian Women Are Full of Care. Indonesian women are well-known for their easy to care for others. If there are friends or relatives who experience misfortune, they immediately step in to help. They feel that each other is a brother and should help each other.

Sixth, Sociable And Religious. Associating with women and Indonesian civilization will leave many memories. How come? Indonesian women's lives are filled with intimacy with one another. They are known to be sociable and easy to get along with anyone. One more thing that attracts Indonesian women's beauty so that it is recognized by the world is their religious figure. Indonesia is a religious country. So it's not surprising that the residents are devout adherents of a religion. 

Seventh, Have an Ideal Skin Tone. Generally, people from other countries are jealous of the skin color of Indonesian women. They consider the skin of Indonesian women ideal and natural 'exotic'. To get such skin, Caucasians are often willing to sunbathe for hours. However, it seems that most Indonesian women prefer to have white skin like Caucasians. Something ironic. In fact, as an Indonesian woman, we should be grateful to have the skin color that many Caucasians want. Maybe there are other personal characteristics that make you love Indonesian women? Please add it yourself.

Above have mentioned the qualities that make Indonesian women beautiful in the eyes of the world. However, if the author may have an opinion, some of the characteristics that are dominant regarding  the beauty of Indonesian women is because 'exotic', they are also love to smile, smart and caring. So will you marry her and live with her for the rest of your life? If your answer is yes, then you should read this article to the end.

How To Married Indonesian Women Legally?

This article has a legal assumption that the prospective groom is a foreign citizen, while the prospective bride is an Indonesian citizen, and will marry in Indonesia, this means that the law that will regulate is the marriage law in Indonesia. 

It should be noted first, a marriage in Indonesia is something sacred. This is in accordance with the provisions of Article 1 of Law Number: 1 of 1974 concerning Marriage which stipulates that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. This means, when marrying your Indonesian partner, do it sincerely and full of awareness.

Regarding marriage in Indonesia, it is regulated in Law Number: 1 of 1974 concerning Marriage. The most basic rule is in Article 2 of the Law, which reads: 

1. Marriage is legal if it is carried out according to the law of each religion and belief;
2. Each marriage is recorded according to the applicable laws and regulations.

Same Religion and Belief

From the sound of Article 2 paragraph 1 of Law Number: 1 of 1974 concerning Marriage above, it is regulated that the most basic requirements for a valid marriage in Indonesia are the same religion and belief. In addition, make sure that your marriage is registered by the competent state institution. These are the two basic rules of marriage in Indonesia, namely the same religion and belief as well as being registered by the competent state institution. Very easy isn't it?

There are five recognized religions in Indonesia, first is Islam as the majority religion, then there is Catholic & Protestant Christianity, Hinduism, Buddhism and finally Confucianism. This means, if you are a foreigner who wants to marry an Indonesian woman and the marriage is carried out according to Indonesian law, and your spouse is in a different religion, then one partner must follow the other's religion. The technical procedure for embracing a religion is regulated according to each religion. In Christianity, for example, baptism is performed. In Islam for example, taking bai'at/initiation.

Registered By The Competent State Institution

The obligation to register your marriage is regulated in Article 2 paragraph (2) of Law Number: 1 of 1974 concerning Marriage. By registering your marriage to the competent state institution, it means that the marriage that you do according to your religion and belief has been legally recognized. As a sign of state recognition of your marriage, then the state will issue a Marriage Certificate as authentic evidence. For Muslim couples, the Marriage Certificate or 'Buku Nikah' is issued by the Office of Religious Affairs. As for non-Muslim couples, the Marriage Certificate is issued by the local Civil Registry Office. 

Legally, the Marriage Certificate is proof of your marriage. This marriage certificate then becomes the legal basis for the consequences of marriage. For example, it is related to the matter of the child later. Or related to joint property generated during the marriage. Or related to the issue of inheritance for his/her descendants. Or even when you file for divorce in the court. 

In addition, what is no less important, if between you and your partner from different countries is a matter of citizenship. Whether later the nationality of the future husband, the citizenship of your wife, and the citizenship of your children. 

In addition to the basic provisions of marriage above, there are also separate rules for each religion and belief. And of course it will not be discussed on this occasion. If you have difficulty getting married in Indonesia, contact us, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Kecantikan Wanita Indonesia yang Diakui Dunia", jengsusan.com., Diakses pada tanggal 3 Oktober 2021, https://jengsusan.com/kecantikan-wanita-indonesia-yang-diakui-dunia/

2. Law Number: 1 of 1974 concerning Marriage. 

Contoh Gugatan Hak Asuh Anak

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Oleh:

Tim Hukumindo

Sebelumnya platform www.hukumindo.com telah membahas mengenai "Strategies for Filling Divorce Lawsuits for Foreigners and Migrant Workers", "Contoh Gugatan Perceraian, Hak Asuh Anak (Hadhanah) Dan Nafkah Anak", "Contoh Permohonan Talak Dan Hak Asuh Anak (Hadhanah)", "Contoh Gugatan Cerai Dan Hak Asuh Anak (Hadhanah)" dan pada kesempatan kali ini akan dibahas mengenai "Contoh Gugatan Hak Asuh Anak". Perhatikan contoh berikut:[1]

Jakarta, XX Juni 2020

Nomor : ......./GHAA/...../MKA/VI/21’

Lampiran : -1-

Perihal : Gugatan Hak Asuh Anak

Kepada Yth.:

Ketua Pengadilan Agama Jakarta Selatan

d/a : Jalan R.M. Harsono No.: 1, RT: 005/RW: 007, 

Kelurahan: Ragunan, Kecamatan: Pasar Minggu, Kota: Jakarta Selatan, 

Provinsi: D.K.I. Jakarta, KP: 12550. 

Telp.: (021) 78840013.

Assalaamu’alaikum Warahmatullahi Wabarakatuh

Dengan hormat,

Yang bertanda tangan di bawah ini:

• MK, S.H., M.H.

Advokat & Konsultan Hukum pada “MK” Law Office, beralamat di: ......, Provinsi: D.K.I. Jakarta – 11740, berdasarkan Surat Kuasa Khusus tertanggal ......... Juni 2020 (terlampir), dalam hal ini bertindak untuk dan atas nama:

Nama : UPA Binti Adam X, S.H.

Jenis Kelamin : Perempuan

Tempat/Tanggal Lahir : Jakarta/XX Januari 1990

Agama : Islam

Pendidikan : S1 Akuntansi

Pekerjaan : ........ 

Alamat Domisili : Jalan Yang Lurus No: 999, ................... Kota: Jakarta Selatan, Provinsi: D.K.I. Jakarta.

Baik secara bersama-sama maupun sendiri-sendiri, selanjutnya disebut sebagai “Penggugat”.

Penggugat dengan ini mengajukan Gugatan Hak Asuh Anak, melawan:

Nama : TW Bin XX

Jenis Kelamin : Laki-laki

Tempat/Tanggal Lahir : Jakarta/8 Maret 1991

Agama : Islam

Pendidikan : S1 Ekonomi

Pekerjaan : .............

Aalamat : Dahulu di Jalan Raya ......., saat ini tidak diketahui keberadaannya secara pasti baik di dalam maupun di luar wilayah hukum Republik Indonesia.

Selanjutnya dalam perkara a quo disebut sebagai “Tergugat”. 

Adapun posita gugatan Penggugat adalah sebagaimana terurai di bawah ini:

1. Bahwa, sebelumnya Penggugat telah melayangkan Gugatan Hak Asuh Anak & Nafkah Anak dengan Nomor: XYZ/GHAA&NA/UPA/MKA/III/21’, tertanggal XX Maret 2020 ke Pengadilan Agama Jakarta Selatan, dan telah mendapat registrasi perkara dengan Nomor: XXXX/Pdt.G/2020/PA. JS., akan tetapi hasil dua kali relaas panggilan sidang kepada Tergugat adalah ‘Tergugat tidak berdomisili di alamat tersebut’. Kemudian majelis hakim menyarankan agar gugatan dicabut dan diajukan gugatan baru, dengan terlebih dahulu memperoleh Surat Keterangan Ghoib dari Kantor Kelurahan ........, sebagai tempat terakhir Tergugat berdomisili;

2. Bahwa, ‘Surat Keterangan Ghoib’ Nomor: XXX, tanggal XX Juni 2020, yang ditandatangani dan diterbitkan oleh oleh XXX selaku Lurah ................, Pemerintah Kota ..........., menerangkan bahwa an. TW Bin XX (Tergugat) tidak diketahui keberadaannya (Ghoib);

3. Bahwa, Penggugat dan Tergugat adalah pasangan suami-isteri yang melangsungkan pernikahan pada tanggal XX Agustus 20....., dan tercatat pada Kantor Urusan Agama (KUA) Kecamatan ........, sesuai dengan Kutipan Akta Nikah Nomor: .......... tanggal XX Agustus 20.....;

4. Bahwa, selama pernikahan antara Penggugat dengan Tergugat telah berhubungan sebagaimana layaknya suami-isteri dan telah dikaruniai 2 (dua) orang anak, yaitu:

a. GAW, laki-laki, lahir pada tanggal XX Mei 2015, sesuai Kutipan Akta Kelahiran Nomor: ......... tanggal ...................., yang dikeluarkan oleh Suku Dinas Kependudukan dan Pencatatan Sipil Kota................;

b. XYZ, perempuan, lahir pada tanggal XX Februari 2016, sesuai Kutipan Akta Kelahiran Nomor: ................. tanggal 5 Juli 2017, yang dikeluarkan oleh Suku Dinas Kependudukan dan Pencatatan Sipil Kota.............

5. Bahwa, pada hari Senin tanggal XX Mei 20XX. atau bertepatan dengan tanggal X Syaban 14XX H, berdasarkan Putusan Pengadilan Agama Jakarta Selatan Nomor: XXXX/Pdt.G/2019/PA.JS., tanggal XX Februari 20XX dan telah berkekuatan hukum tetap, telah terjadi perceraian antara Penggugat dengan Tergugat sesuai dengan Akta Cerai Pengadilan Agama Jakarta Selatan Nomor: XXXX/AC/2020/PA. JS.;

6. Bahwa, setelah perceraian antara Penggugat dan Tergugat sebagaimana telah diterangkan di atas, anak hasil perkawinan Penggugat dan Tergugat berada dalam penguasaan Penggugat dalam keadaan baik dan sehat, akan tetapi belum diatur mengenai hak asuh anak oleh putusan Pengadilan; 

7. Bahwa, oleh karena kedua anak hasil perkawinan Penggugat dan Tergugat tersebut di atas masih di bawah umur, Penggugat mempunyai keinginan untuk mengasuhnya dan mempunyai kemampuan yang cukup untuk itu, oleh karena itu Penggugat mohon agar ditetapkan sebagai pemegang hak hadhanah (pemeliharaan/hak asuh) atas anak hasil perkawinan antara Penggugat dan Tergugat tersebut di atas, hal mana sesuai dengan ketentuan Pasal 45 Undang-undang Nomor: 1 Tahun 1974 Tentang Perkawinan Jo. Pasal 105 Kompilasi Hukum Islam Jo. Putusan Mahkamah Agung R.I. No.: 102 K/Sip/1973;

8. Mohon agar Putusan ini dinyatakan dapat dilaksanakan terlebih dahulu (Uitvoerbaar bij Voorrad), meskipun ada upaya Verzet, Banding, Kasasi maupun upaya hukum lainnya;

 

9. Penggugat sanggup membayar biaya perkara;

Berdasarkan hal-hal sebagaimana diuraikan di atas, Penggugat mohon kepada Ketua Pengadilan Agama Jakarta Selatan untuk memutus dengan petitum sebagai berikut:

Primair:

1. Mengabulkan Gugatan Penggugat untuk seluruhnya.

2. Menetapkan anak yang bernama: a).  GAW, laki-laki, lahir pada tanggal ........, sesuai Kutipan Akta Kelahiran Nomor: ....... tanggal ........, yang dikeluarkan oleh Suku Dinas Kependudukan dan Catatan Sipil Kota .......; b). XYZ, perempuan, lahir pada tanggal.........., sesuai Kutipan Akta Kelahiran Nomor: .......... tanggal ........, yang dikeluarkan oleh Suku Dinas Kependudukan dan Catatan Sipil Kota......., berada di bawah pemeliharaan (hadhanah) Penggugat;

3. Menetapkan Putusan ini dinyatakan dapat dilaksanakan terlebih dahulu (Uitvoerbaar bij Voorrad), meskipun ada upaya Verzet, Banding, Kasasi maupun upaya hukum lainnya;

4. Membebankan biaya perkara sesuai hukum; 

Subsidair:

Atau, apabila Ketua Pengadilan Agama Jakarta Selatan Cq. Majelis Hakim Pemeriksa Perkara berpendapat lain, mohon Putusan yang seadil-adilnya (Ex Aquo et Bono).

Wassalamu’alaikum Warahmatullahi Wabarakatuh

Hormat Kami,

Kuasa Hukum Penggugat

Ttd.

MK, S.H., M.H.

___________________

Referensi:

1. Dokumen pribadi penulis. Catatan: Beberapa hal telah ditambahkan dan disempurnakan dari dokumen aslinya untuk kepentingan pembaca.

Strategies for Filing a Divorce Lawsuits for Foreigners And Migrant Workers

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has presented quite a number of articles on matters relating to divorce lawsuits, for example: a). Divorce Lawsuit in Jakarta; b). Examples of Divorce Lawsuit Reasons for Quarrel; then there is an article entitled c). Examples of Non-Muslim Divorce Lawsuits, on this happy occasion, we will discuss the Strategy for Filing a Divorce Lawsuits for Foreigners and Indonesian Migrant Workers. This article aims to find a solution to the limited time a foreigners and also an Indonesian worker is in the country (Indonesia), which is generally due to a person being bound by a work agreement abroad, or other personal reason.

1. The Plaintiff's Presence in the First Session and Mediation As an Obligation

It has been discussed previously in the article entitled: "The Obligation to Attend the First Trial for Parties in the Religious Courts", that based on the provisions of Article 82 of Law Number: 7 of 1989 concerning the Religious Courts Jo. Law Number: 3 of 2006 concerning Amendments to Law Number: 7 of 1989 concerning the Religious Courts Jo. Law Number: 50 of 2009 concerning the Second Amendment to Law Number: 7 of 1989 concerning the Religious Courts, paragraph (2) reads: "In the mediation trial, husband and wife must come personally, unless one of the parties resides residence abroad, and cannot come before personally can be represented by his proxy who is specifically authorized for it". This means that each Plaintiff and Defendant must personally be present at the first hearing on cases related to them. However, even so, there are exceptions, namely in the event that one of the parties is domiciled abroad, and cannot come before him personally, he can be specifically authorized to do so to his attorney.

Also, in the mediation meeting, as stipulated in the Regulation of the Supreme Court of the Republic of Indonesia Number: 1 of 2016 concerning Mediation, in particular Article 6 which reads as follows:

1. "The Parties must attend the Mediation meeting in person with or without being accompanied by a legal representative.
2. The presence of the Parties through long-distance audio-visual communication as referred to in Article 5 paragraph (3) is considered as a direct presence.
3. The direct absence of the Parties in the Mediation process can only be made based on valid reasons.
4. The valid reasons as referred to in paragraph (3) include but are not limited to: a). a medical condition that makes it impossible to attend the Mediation meeting based on a doctor's certificate; b). Under custody; c). have a place of residence, residence or position abroad; or d). carry out state duties, professional demands or work that cannot be left behind."

It is regulated regarding the obligations of the Parties, both the Plaintiff and the Defendant, to attend the mediation session directly, without being represented by their legal counsel. Some of the reasons for exceptions related to the discussion of this article are when the lawsuit is filed, domiciled, or resides abroad.

When reading the two provisions above, namely: a). Law Number: 7 of 1989 concerning the Religious Courts Jo. Law Number: 3 of 2006 concerning Amendments to Law Number: 7 of 1989 concerning the Religious Courts Jo. Law Number: 50 of 2009 concerning the Second Amendment to Law Number: 7 of 1989 concerning the Religious Courts; and b). Regulation of the Supreme Court of the Republic of Indonesia Number: 1 of 2016 Regarding Mediation, we can understand that there are exceptions for an Indonesian citizen who is working abroad (TKI), and also for foreigners, to deviate from his obligation to be present, both in the first trial of the lawsuit, as well as in the Mediation event.

2. Differences in Obligation of Attendance for Male and Female Plaintiffs

In addition to the two provisions as mentioned above, the provisions of Law Number 7 of 1989 concerning the Religious Courts of Jo. Law Number: 3 of 2006 concerning Amendments to Law Number: 7 of 1989 concerning Religious Courts, in particular Article 70 paragraphs (3) and (4) which reads as follows:

• "After the stipulation has permanent legal force, the Court shall determine the day of the trial for witnessing the divorce pledge, by summoning the husband and wife or their representatives to attend the hearing."
• "In that trial, the husband or his representative who is given special power in an authentic deed to make a vow of divorce, which is attended by his wife or proxies".

This means that after the decision has permanent legal force, for a man who submits a divorce application, there is still an event for dropping the divorce pledge as the final agenda. And as a statutory provision, it is an obligation for him to be present in person, even if a delegation is carried out through a legal representative, it must be through an authentic deed before a Notary. As for women who file for divorce, there is no obligation related to the agenda as intended.

3. Submit the need for the management of the lawsuit outside of the Plaintiff's obligation to be present to the attorney

After reading the description above, there is an event in a divorce lawsuit that requires the presence of the Plaintiff and the Defendant directly without being represented by their legal counsel. Namely in the agenda of the first trial, the mediation session and an additional ceremony for dropping the divorce vows specifically for those who propose men. Although there are exceptions, in practice it is not easy.

Difficulties in obtaining exceptions for the Parties in the agenda of the first court session and the Mediation at the practical level are administrative and non-technical in nature. Regarding domicile, domicile, or residence abroad, especially from the Plaintiff, this must obtain verification and clearance from the relevant Embassy (Kantor Kedutaan), which of course requires energy and costs. Especially for the ceremony of dropping the divorce pledge, if authorized first, it is required to use an Authentic Deed in front of a Public Notary, of course this needs to be present from the Authorizer directly to come to Indonesia, even though he is not present in front of the Panel of Judges. In addition, non-technical matters such as delays or delays in the time of trial and administrative support processes for purposes in the Court make the choice to take this 'exception' procedure not comparable to if the Plaintiff or Authorizer were present in front of the Court session directly. Therefore, the author, who is also a legal practitioner, recommends to the readers to always be more inclined to come directly before the court session. Here are tips that the author recommends.

4. Tips

After reading the description above, the time has come to provide tips for those of you readers who work as migrant workers and also a foreigners who want to file a divorce suit.

1. Understanding the Procedural Law, this means that you must have a knowledge that there are legal rules that require someone to be present in person in front of the court when you file a divorce suit/application for divorce.
2. Prepare your legal steps, when you understand the description from numbers 1 to 3 above, prepare your legal steps. This means, if you are 'observant' and hire a competent advocate, then the court agendas that require you to appear in person before the Court session will be held in line with the time when you are in Indonesia, or at least the time period when you are in the country. shorter and more efficient. In fact, as one of the secret tips that the author shares here, with the rapid development of technology today, it is not difficult if the Power of Attorney and the Lawsuit have been registered within 1 (one) month before you land in the country. This of course saves a lot of your time.
3. Hire an Advocate, in order to achieve the target of time efficiency of your presence in the country while still complying with the provisions of the applicable procedural law, hiring the services of an advocate is inevitable. Of course this will have consequences on the costs you incur, but it is worth the results you will gain. There are many things that lawyers can do before and after you arrive in your country to take care of your case.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

______________________

References:

1. Law Number: 7 of 1989 concerning Religious Courts;

2. Law Number: 3 of 2006 concerning Amendments to Law Number: 7 of 1989 concerning Religious Courts;

3. Law Number: 50 of 2009 concerning the Second Amendment to Law Number: 7 of 1989 concerning the Religious Courts;

4. Regulation of the Supreme Court of the Republic of Indonesia Number: 1 of 2016 concerning Mediation.