Why You Need Contract Review Before Entering the Agreement?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Luxury Car Owner Sues Neighbor To The Court For Cat Scratches", read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?", and on this occasion we will discuss about 'Why You Need Contract Review Before Entering the Agreement?'

Legal Term

The word "review" in Indonesian can be found in its equivalent in the words checking or considering. In this short article, the word 'review' is deliberately kept, assuming this word is already quite commonly used. The difference between reviewing an agreement and making an agreement is that when we make an agreement, we design the agreement from nothing. Meanwhile, by reviewing the agreement, it means that we review the concept of an existing agreement that has not been signed, after it has been reviewed and agreed upon by the parties, the agreement will be signed.[1]

Purposes of Contract Review

There are several purposes for contract reviewing:[2]

1. To ensure that all the objectives and will of the parties have been entered into the agreement, so there are no more changes or additions.
2. To ensure that the contract has fulfilled the legal requirements of the agreement, does not conflict with the laws and regulations, propriety, and public order.
3. To ensure that the contract does not contain elements of coercion, fraud, and oversight.
4. So that the parties avoid the risk of loss or disputes in the future due to errors in writing or interpreting the contents of the contract.

The Steps for Reviewing The Agreement

Technically, here are the steps for reviewing an agreement:[3]

1. Create an agreed process flow scheme so that it will be easy to see the rights and obligations of each party.
2. Pay attention to the validity of the legal subject in the comparison section of the agreement. Incorrectly mentioning the legal subject who is authorized to sign the agreement can be very fatal consequences.
3. Paying attention to the relationship between the legal subject and the legal object of the contract.
4. Pay attention to the rights and obligations of each signatory of the agreement, especially the rights and obligations of your client.
5. Pay attention to the use of sentences (not contain multiple interpretations).
6. Cross check with existing and latest regulations to find out whether the agreement is contrary to applicable law (especially for the agreed material/object). For this, advocate is required to update its knowledge of the applicable legal regulations.
7. Request an explanation from a credible source regarding the agreed material, if necessary.
8. Hold a meeting with the other party who will sign the agreement.

The Role of Advocates in Contract Review

The roles and functions of advocates in reviewing or analyzing an agreement are as follows:[4]

1. The party who will make the contract can consult with advocate regarding the contents of the contract and how to draw up a good and correct contract so as to avoid legal risks and losses in the coming days.
2. Requesting an advocate to review the contract that has been made in accordance with the aims and objectives of the parties and to avoid the risk of loss and disputes in the coming days.

And if you about to enter an agreement, you or your company may invite us to review before you sign it, 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. "TUGAS MEREVIEW PERJANJIAN OLEH BAGIAN LEGAL PERUSAHAAN", business-law.binus.ac.id., Diakses pada tanggal 17 Februari 2022, https://business-law.binus.ac.id/2016/05/05/tugas-mereview-perjanjian-oleh-bagian-legal-perusahaan/

2. "Review / Analisa Resiko Perjanjian / Kontrak", www.advosquare.com., Diakses pada tanggal 17 Februari 2022, https://www.advosquare.com/solusi-hukum/review-analisa-resiko-perjanjian-kontrak#

3. Op. Cit., business-law.binus.ac.id.

4. Op. Cit., www.advosquare.com.

Luxury Car Owner Sues Neighbor To The Court For Cat Scratches

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "What Next After The Police Report Is Accomplish?", read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?", and on this occasion we will discuss about 'Luxury Car Owner Sues Neighbor To The Court For Cat Scratches'. This article is entirely quoted from the Thai online media "Thetiger.com" with the title: 'Cat sits on sports car, owner demands 100,000 baht to pay for scratches', as quoted in the reference at the end of the article.

The owner of a luxury sports car has reportedly filed a lawsuit against their neighbor claiming 100,000 bath (equal to US $ 3.090 or Rp. 44.080.197,70) in damages after a cat climbed and sat on top of their black and yellow Lotus sports car, causing some scratches. The story was widely shared in Thailand and the latest reports say the owner has since apologized, adding that he doesn’t want the money.

The cat owner posted a video on TikTok saying her neighbor demanded compensation for letting a “fierce or wild animal” out in public and causing damage to others’ assets or property. She added that she is willing to pay to fix up the scratches caused by her cat, but at a reasonable price.

The neighbors have been trying to come to an agreement for a while. Reports say the incident happened back in October 2020 when a child accidentally let their cat out of the house. That afternoon, the car owner sent the neighbors a video of their pet sitting on the sports car. Video from a home surveillance camera shows the cat sitting on top of the black and yellow sports car.

She and the family visited the house to check out the damage on the cars and say they only saw dirt from the cat’s paws. The neighbor insisted that all of the scratches came from her cat and asked for compensation at 100,000 baht adding that the price was officially estimated.

She shared with Thai media that her family have been trying to come to an agreement with the neighbor. She already paid a fine of 500 baht at a Police station for letting a pet out to the public alone and has gone to court twice. Apparently, the neighbor has never shown up in court and has continued to go to their house asking for money. And if you intend to sue a person or company due to a legal problem, 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

________________

Reference:

1. "Cat sits on sports car, owner demands 100,000 baht to pay for scratches", thethaiger.com., Diakses pada tanggal 16 Februari 2022, https://thethaiger.com/news/national/cat-sits-on-sports-car-owner-demands-100000-baht-to-pay-for-scratches

What Next After The Police Report Is Accomplish?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Some Tips Before You Choose an Attorneys", read also "The Example of Official Police Report Receipt in Indonesia", read also "How to Open a Police Report in Indonesia?", "What's The Difference Between Police Report and Public Complaint?", "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?". And on this occasion we will discuss about 'What Next After The Police Report Is Accomplish?'.

Governing Law On Police Report

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.[1]

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.[2] Thus, basically everyone who experiences, sees, witnesses or even becomes a victim of a crime, has the right to report the crime to the Police.

What Next After The Police Report Is Accomplish?

After your Police report is received by the Police Officer at the relevant Police Station in Indonesia, then as proof of the report, the Police officer will provide a Police Report receipt. For more details regarding this matter, please read our article entitled: "The Example of Official Police Report Receipt in Indonesia". This proves that the criminal incident report that you report to the Police will be handled immediately.

After the Police report was completed, the due process of law had just begun. The Police will then carry out the Penyelidikan (research) and Penyidikan (investigation) process. What is meant by the process of Penyelidikan (research) and Penyidikan (investigation)?

Article 1 paragraph 5 of the Criminal Procedure Code (KUHAP) reads as follows:[3]

"Penyelidikan (research) is a series of investigators' actions to seek and find an event that is suspected of being a criminal act in order to determine whether or not an investigation can be carried out according to the method regulated in this law."

Article 1 paragraph 2 of the Criminal Procedure Code (KUHAP) reads as follows:[4]

"Penyidikan (investigation) is a series of actions by an investigator in terms of and according to the method regulated in this law to seek and collect evidence which with that evidence makes clear about the criminal act that occurred and in order to find the suspect".

In simple terms what is meant by Penyelidikan (research) is the process carried out by the Police to determine whether an incident can be investigated or not. After an event meets the requirements for an Penyelidikan (research), it is then upgraded to an Penyidikan (investigation) process, with the aim of collecting evidences and finding the crime suspect. And if you have any difficulties regarding this topic, 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. "How to Open a Police Report in Indonesia?", www.hukumindo.com., Diakses pada tanggal 15 Februari 2022, https://www.hukumindo.com/2021/10/how-to-open-police-report-in-indonesia.html

2. Ibid.

3. Kitab Undang-undang Hukum Acara Pidana (KUHAP);

4. Ibid.

Some Tips Before You Choose an Attorneys

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Variety of Fees When You Hired an Attorneys in Indonesia", read also "How To Check The Validity of Indonesian Advocates?", "What Legal Ties Underlie The Relationship Between The Client and The Lawyer?", and on this occasion we will discuss about 'Some Tips Before You Choose an Attorneys'.

Choosing a lawyer to take care of your legal problems can be tricky. This is due to the relatively large stock of lawyers in Indonesia, especially in big cities like Jakarta. There is even a joke that there are more lawyers' offices in Jakarta's economic center triangle (Sudirman-Kuningan-Thamrin) than tire repairmen. In choosing a lawyer, here are some tips from the Hukumindo.com platform.

Check His/Her Validity As an Advocate

The profession of advocate in Indonesia is regulated in Law Number: 18 of 2003 concerning Advocates. In Indonesia, advocate is defined as: "Advocate is a person whose profession is to provide legal services, both inside and outside the court, who meet the requirements and based on the provisions of the Law on Advocates".[1]

Based on the provisions of Articles 2 and 3 of Law Number: 18 of 2003 concerning Advocates, there are several legal products related to proving someone as an advocate:[2]

1. Letter of Appointment as an Advocate (Issued by advocate organization); and
2. Certificate of Oath as an Advocate (Issued by Head of the relevant Provincial High Court);
3. Advocate membership card (Issued by advocate organization).

When you are in Indonesia and have the intention to use legal services through an advocate, it is very important to choose a legally-valid lawyer. Checking the advocate validity you will choose becomes a necessary so that there will be no losses occur in the future. So, its alright to ask your advocate about their validity such as: (a). Letter of Appointment as an Advocate, (b). Certificate of Oath as an Advocate and (c). Advocate membership card, for your safety.[3] This is done to ensure that the person you choose is legally valid to carry out the profession as an advocate. The benefit is that you will avoid the practice of middlemen and professional fraud.

Check Your Legal Issue

First, check the weight of the legal problem you are facing. If you are facing a death penalty charge for drug smuggling, then you are in serious legal trouble. When compared to previous legal issues, the charges for corruption that are stalking you will feel lighter. Or maybe you are being stalked with a bankruptcy lawsuit that strips you of all your assets, it feel lighter than the previous one. Or maybe you are facing family problems because your spouse wants a divorce and take away all your children? It feel lighter than the last.

Of course you know how heavy or light a legal problem you are facing, but when you choose a lawyer to assist you in solving this legal problem, this grade of 'weight' problem will determine.

Check His/Her Core Competent

Advocates in Indonesia are commonly generalists. They handle almost all cases, from criminal to civil. It would be better if you choose an advocate who has a core competent. Such advocates will more easily understand your legal problems and offer solutions that have become their daily food when practicing. 

In Indonesia, advocates have started to pioneer the specificity of their profession, some focusing on bankruptcy, corruption, civil litigation, family law, sharia economic, company law, intellectual property rights and so on. 

Check His/Her Flight Hours

Check how long he has been appointed as an advocate. Even further, check since when he has been in the world of legal services. Has he ever organized while he was a student? Or had he had an apprenticeship before being appointed as a lawyer? 

The longer he/she is in the world of lawyers, the better his flying hours will be. Check where he/she used to work to gain knowledge, law offices where he/she worked previously will shape his/her character and flying hours. And of course, asked what cases he/she had handled mostly, the more cases he/she handled certain similar cases, the better his/her competence would be.

Check His/Her Reputation

You can find complete information about the lawyer you will hire by using technology online or by calling your local bar association. Currently, with the massive internet, you can find initial information about the advocate you will hire on the Internet, from bio data, alma mater, cases he has handled, and so on. Or you can ask the reputation of a lawyer, if you get a certain recommendation from someone else, by asking to that person. 

Meet Your Candidate

This is the last tip from us, meet your prospective lawyer. Feel the chemistry. Feel the aura. By meeting, potential advocates can also assess your seriousness in hiring them. You can also judge many things from your potential advocate.

Meet, there's nothing wrong with having coffee and chatting with potential advocates and potential clients. If you have chemistry, then of course it will be followed by the signing of a power of attorney and a legal service agreement. After that, lets run the case.

You can add other things such as the price, the outfit he wears, or other things that are important to you. But in our opinion, the things above are quite important for you to pay attention to. Check the things above before you sign the power of attorney and legal service agreement. And if you have any issue with this topic, 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. "How To Check The Validity of Indonesian Advocates?", www.hukumindo.com., Diakses pada tanggal 10 Februari 2022, https://www.hukumindo.com/2021/10/how-to-check-validity-of-indonesian.html

2. Ibid. 

3. Ibid.

Variety of Fees When You Hired an Attorneys in Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Adoption According to the Sharia Law", read also "How To Check The Validity of Indonesian Advocates?", "What Legal Ties Underlie The Relationship Between The Client and The Lawyer?", and on this occasion we will discuss about ''Variety of Fees When You Hired an Attorneys in Indonesia".

When you decide to hire an advocate, one of the logical consequences is the cost. Advocates is not Marvel Super Heroes with free services to battle the crime, an advocate is a professional, this profession works to resolve any of the legal matters that you are currently facing. And in carrying out its work requires energy, and energy incurs costs. In this article, we will discuss the various types of advocate fees, the various factors that influence the level of attorney fees and the payment scheme method.

There Are No Fixed Standards Regarding Attorneys Fees in Indonesia

Article 21 paragraph (2) of Law no. 18 of 2003 concerning Advocates reads as follows:[1]

"1. Advocates are entitled to receive an honorarium for legal services that have been provided to their clients.

2. The amount of the Honorarium for Legal Services as referred to in paragraph (1) is determined fairly based on the agreement of both parties".

Thus, when an advocate carries out his profession, he has the right to receive an honorarium from his client. Regarding the amount of honorarium received by an advocate, it depends on the agreement with his/her client. In other words, the amount of the attorneys honorarium is different from one to another. It is no standard, and depends on various variables. So don't be surprised when you see advocate X who is full of wealth, but there are also advocates who are willing to donate their profession for justice and humanity who get little pay.

There are several factors that influence the high and low fees of an advocate, namely:[2]

1. Lawyer's name. This has become one of the common factors in using the services of an advocate. The more famous the name of the lawyer you will use, the more expensive the fees you will have to pay to hire the services of the advocate.
2. Legal issues. The second thing that determines the cost of services is how big the legal problem you are facing. If you are hit by a complicated case, the tariffs charged will be even more expensive.
3. The area or residence of the attorney. Even though they are taking care of the same case, sometimes the fees for attorneys who are domiciled in city X can be more expensive than those in city Y. This is not something strange, because advocates generally also assess the average standard of living in the place where they live.
4. Client condition. In addition to residence, lawyers will also determine fees or rates based on the financial condition of their prospective clients. No need to worry, because there are several lawyers who are willing to provide free legal aid services for people who are really financially incapable.
5. Lawyer flight hours. The last factor that also determines the cost of the services of an advocate is their flying hours. If a lawyer is experienced in handling many cases, of course their rates will be even more expensive.

Just a note, in the opinion of the author, the client must really carefully examine the need for an advocate who will handle his/her case. Don't just consider the name, also consider the competence and flight hours. Lawyer X, for example, often appears on TV with accessories worth billions, and declares himself to be a specialist lawyer in the field of Y. Although not always, but not necessarily he is competent in other fields of law, or at least someone is more competent in other fields. In this condition, you can choose another lawyer with a variety of rates that are more suitable for your pocket.

Variety of Attorneys Fees in Indonesia

There are several types of advocate fees in Indonesia:[3]

1. Lawyer fees, which are usually paid in advance as a professional fee.
2. Operational fees, which are incurred by clients while their cases are handled by lawyers.
3. Success fee, with a percentage determined from the agreement between the lawyer and the client. The success fee is given by the client if the lawyer wins the case. However, if you lose the trial, the lawyer will not get a success fee.

As mentioned above, these three types of attorney fees are the most common. Lawyer fees are fees that must be paid by clients related to the profession of their attorney as an advocate. So when someone is legally qualified as an advocate, then he or she is legally entitled to get a lawyer fee immediately after having a client. Operational fees are costs that have to be incurred by the client when the lawyer moves to take care of his/her case, the cost to buy gasoline, the cost to buy drink and food, the cost to buy internet connection, toll fees, the cost of printing documents, etc. is included in it. Success fee is a cost that must be paid by the client when the case handled by the lawyer he/she has appointed results in a victory. The rate varies, it can be at 10% of the total assets obtained. For example, if a person gets a share of joint property from his marriage of 1 billion Rupiah, then his successful lawyer fee could be 10%, which is 100 million Rupiah.

As for the payment procedure, it is usually divided into several schemes, namely: 1. Volume, payments made include the total number of legal problems that will be or are being faced by the Client; 2. Hourly basis, that is, a payment procedure whose calculation is depend on how long the case is handled, for example based on hours; 3. Amount won, usually advocates like this handle for clients who do not have the cost to pay for the services of an advocate at the beginning, so that according to the agreement they will give a percentage of the amount generated from handling cases that have been properly resolved by advocates (Note: this method of payment is rare to used right now because it is detrimental to advocates from a professional perspective. Later, many directed it to the Legal Aid Institute as a solution); 4. Retainer clients, this mechanism is widely used by companies where the use of legal services uses a payment system on a regular basis, usually within a period of 6 months or even more; 5. Legal Aid Institutions (Lembaga Bantuan Hukum), usually provide assistance free of charge, of course for those who have a below average economy with various requirements that must be met. Usually one of the requirements that must be met is a certificate of poor economical incapacity from the Village Head or Sub District Head.[4] 

And if you have any difficulties regarding this topic, 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. Law no. 18 of 2003 concerning Advocates.

2. "Info Terbaru Kisaran Biaya Sewa Pengacara (Advokat)", harga.web.id., Diakses pada tanggal 10 Februari 2022, https://harga.web.id/biaya-sewa-pengacara-dan-metode-pembayarannya.info

3. "CARA MUDAH MENGHITUNG BIAYA JASA PENGACARA/ADVOKAT/KONSULTAN HUKUM", www.saplaw.top., Diakses pada tanggal 10 Februari 2022, https://www.saplaw.top/cara-mudah-menghitung-biaya-jasa-pengacara-advokat-konsultan-hukum/

4. Ibid.

Adoption According to the Sharia Law

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?", read also "How To Legally Adopt a Child in Indonesia?", and on this occasion we will discuss about 'Adoption According to the Sharia Law'.

Adoption According to Legal Term

According to the online Big Indonesian Dictionary (KBBI), adoption is: 1. the adoption of another person's child as one's own; 2. Acceptance of a proposal or report (eg. in the legislative process); 3. Collection.[1] Meanwhile, according to the Pontianak City Population and Civil Registry Service, the definition of adoption is a legal act to transfer a child's rights from the family environment of the parents, legal guardians, or other people who are responsible for the care, education & rearing of the child, into the family environment of the adoptive parents. based on the Court's decision.[2] In simple terms, adoption here is defined as the legal adoption of a child through the application process in the relevant district Court.

Governing Law on Adoption in Indonesia

There are several legal grounds for adoption in Indonesia:[3]

1. Law Number 35 of 2014 concerning Child Protection.
2. Government Regulation No. 54 of 2007 concerning the Implementation of Child Adoption.
3. Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009 concerning Requirements for Adoption of Children.
4. General Regulation of Social Rehabilitation Number 02 of 2012 concerning Technical Guidelines for Child Adoption Procedures.

Types of Child Adoption in Indonesia

Child adoption in Indonesia consists of two types, namely:[4]

1. Adoption of Children Between Indonesian Citizens (Domestic Adoption).
2. Child Adoption Between Foreign Citizens (Inter-country Adoption).

Adoption of children among Indonesian citizens is the adoption of Indonesian children carried out by Indonesian citizens (Domestic Adoption) consisting of:[5]

1. Adoption of children among Indonesian citizens through institutions. The adoption of this child includes the adoption of children indirectly, and usually through a foundation or institution that has been appointed by the Governor.
2. Adoption of children according to customary law. Adoption of children according to customary law is the adoption of children carried out according to customs in a certain family environment and relatives.
3. Direct Child Adoption (Privat Adoption). Private adoption is carried out between prospective adoptive parents and their biological parents/guardians/relatives in court, by attaching requirements for adoption and recommendations from provincial social agencies. Therefore, prospective adoptive parents must make an application to the Head of the local Provincial Social Service/Agency in order to obtain a recommendation for adoption, and the social worker of the Provincial Social Service/Agency must make a home visit to prospective adoptive parents to get an idea of ​​whether prospective adoptive parents is worthy of the recommendation.
4. Adoption of Children by Single Parent (Single Parent). Adoption of a child by a single parent is the adoption of a child by an Indonesian citizen against a child of an Indonesian citizen where the prospective adoptive parent has the status of a single parent.

Adoption of a child between an Indonesian citizen and a foreign citizen is the adoption of a child by a foreign citizen against a child of an Indonesian citizen or the adoption of a child of a foreign citizen by an Indonesian citizen, which is divided into:[6]

1. Prospective adoptive parents are husband and wife of foreign nationals.
2. One of the prospective adoptive parents of a foreign citizen (mixed marriage).

Adoption According to the Sharia Law

Recently we received a question regarding someone who wants to adopt an Indonesian child, only now he is a citizen of country X whose country adheres to sharia law. Therefore, we will briefly review the adoption according to sharia law. 

The former president of the Islamic Society of North America Muzammil H. Siddiqi explained about the adoption law in Islam. "Adoption in the sense of changing one's identity and lineage to a false lineage is prohibited in Islam," he said.[7] This means that adoption according to positive Indonesian law and Sharia law is different. In the sense that both have different meanings and provisions regarding this matter. Adoption in the sense of changing the biological origin of the child from the origin of the original parents to the origin of the adoptive parents is prohibited in Islamic law.

Legal Basis on Sharia Law

Then, what is meant by adoption according to Islamic law? A Muslim is allowed to adopt a child in the sense of nurturing a child to provide physical and spiritual care for him. The Prophet SAW said, "I and the guardian of the orphan will be in Paradise like these two fingers and he will join his two fingers together," (Al-Bukhari). In another hadith, he mentions "When a person puts his hand of affection on the head of an orphan, for every hair of the orphan he will receive a blessing from Allah," (Ahmad).[8]

Allah said, “Allah has never made for a person two hearts in his cavity; and He did not make your wives whom you rebuke as your mothers, and He did not make your adopted children as your biological children (self). That is just what you say in your mouth. And Allah tells the truth and He shows the (right) way. Call them (adopted children) by (using) the names of their fathers; that is more just in the sight of Allah, and if you do not know their fathers, then (call them) your brothers and sisters in your religion and your 'maula' (Maula can have reciprocal meanings such as master or slave, patron or client, uncle or nephew, and friend.). And there is no sin on you in what you err in, but (in which there is a sin) what your heart intends. And Allah is Forgiving, Most Merciful” (Al-Ahzab 33: 4-5). Muzzammil strongly recommends that Muslims take care of orphans. Regarding adoption, he said according to sharia, it is not permissible to take the name of his biological parents from a child.[9]

Thus, the meaning of appropriate adoption according to sharia law is 'fostering only' without changing the biological origin of the child. And if you have any difficulties conducting adoption 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. "Adopsi", kbbi.web.id., Diakses pada tanggal 7 Februari 2022, https://kbbi.web.id/adopsi.

2. "Adopsi", disdukcapil.pontianakkota.go.id., Diakses pada tanggal 7 Februari 2022, https://disdukcapil.pontianakkota.go.id/page/adopsi--pengangkatan-anak#:~:text=Perbuatan%20hukum%20untuk%20mengalihkan%20hak,orangtua%20angkatnya%20berdasarkan%20penetapan%20Pengadilan.

3. "Prosedur Pengangkatan Anak Domestik oleh Warga Negara Indonesia", sayapibujakarta.org., Diakses pada tanggal 7 Februari 2022, http://sayapibujakarta.org/prosedur-pengangkatan-anak-domestik-oleh-warga-negara-indonesia/#:~:text=HUKUM%20PENGANGKATAN%20ANAK-,Dasar%20Hukum%20Pengangkatan%20Anak,2009%20tentang%20Persyaratan%20Pengangkatan%20Anak.

4. Ibid.

5. Ibid.

6. Ibid.

7. "Hukum Adopsi dalam Islam", Sabtu 28 Nov 2020, republika.co.id., Diakses pada tanggal 7 Februari 2022, https://republika.co.id/berita/qkfxak366/hukum-adopsi-dalam-islam

8. Ibid.

9. Ibid.

Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Example of Official Police Report Receipt in Indonesia", read also "How to Open a Police Report in Indonesia?", "What's The Difference Between Police Report and Public Complaint?". And on this occasion we will discuss about 'Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?'.

Governing Law On Police Report

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.[1]

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.[2] Thus, basically everyone who experiences, sees, witnesses or even becomes a victim of a crime, has the right to report the crime to the Police.

Governing Law on Power of Attorney According to the Civil Code

Article 1792 of the Civil Code reads as follows:[3]

"The granting of power of attorney is an agreement that contains the granting of power to another person who receives it to do something on behalf of the person giving the power of attorney".

The granting of power of attorney is a legal act that originates from an agreement that we often do in our daily lives, for various reasons, in addition to our daily activities as members of a modern society, so that the act of giving or receiving power, needs to be done to solve one or more specific problems. In the provision of power of attorney, there must always be at least 2 (two) parties who are the giver and recipient of the power of attorney, considering that the granting of power is a legal agreement, so for the sake of creating a legal order, the power of attorney must be an adult and legally capable as stipulated in Article 1330 of the Civil Code.[4]

Based on the provisions of Article 1792 of the Civil Code above, some legal matters that are being faced by a person may be delegated to another person based on power of attorney who is an adult and legally capable, including opening a police report. 

Governing Law on Advocates

As stipulated in the law above, an advocate is the one who professionally capable of representing his client for certain matters, including opening a Police Report (LP). Based on Law Number: 18 of 2003 concerning Advocates, legal term of an advocates is "a person whose profession is to provide legal services, both inside and outside the court, who meet the requirements and based on the provisions of the Law on Advocates".[5]

Make sure that the advocate you appoint based on power of attorney is a legitimate lawyer and practicing legally. Pay attention to the provisions of Articles 2 and 3 of Law Number: 18 of 2003 concerning Advocates, there are several legal products related to proving someone as an advocate:[6]

1. Letter of Appointment as an Advocate (Issued by advocate organization); and
2. Certificate of Oath as an Advocate (Issued by Head of the relevant Provincial High Court);
3. Advocate membership card (Issued by advocate organization).

Therefore, the questions above have been answered regarding: "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?" The answer is yes. It is allowed by law to appoint an advocate as legal representative to open a Police Report in relevant Police Station in Indonesia. And if you have any difficulties regarding this topic, 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. "How to Open a Police Report in Indonesia?", www.hukumindo.com., Diakses pada tanggal 5 Februari 2022, https://www.hukumindo.com/2021/10/how-to-open-police-report-in-indonesia.html

2. Ibid.

3. Civil Code.

4. "Mengenal Aturan Pemberian Kuasa Menurut KUH Perdata", www.pphbi.com., Diakses pada tanggal 5 Februari 2022, https://www.pphbi.com/mengenal-aturan-pemberian-kuasa-menurut-kuh-perdata/

5. Law Number: 18 of 2003 concerning Advocates.

6. "How To Check The Validity of Indonesian Advocates?", www.hukumindo.com., Diakses pada tanggal 5 Februari 2022, https://www.hukumindo.com/2021/10/how-to-check-validity-of-indonesian.html

The Difference Between Default and Unlawful Act in Indonesia

(iStockphoto)

By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Translated Personal Pleidoi of Nurdin Abdullah (Former Governor of South Sulawesi)", "How to Avoid Fraud in Investment by Using Legal Tools", read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'The Difference Between Default and Unlawful Act in Indonesia'.

In the event of a violation of rights that causes harm, a person sometimes experiences confusion regarding what category of violation he experienced between default and unlawful act. In fact, there is a very basic difference between default and unlawful act.[1] On this occasion, the Hukumindo.com platform will discuss the basic differences between default and acts against the law, both examining legal sources and the basic differences in terminology.

Governing Law

Default is regulated in Article 1243 of the Civil Code which reads as follows:[2]

"Reimbursement of costs, losses and interest due to non-fulfillment of an engagement begins to be required if the debtor, even though it has been declared negligent, is negligent in fulfilling the engagement, or if something that must be given or done can only be given or done within the time that has been passed. determined."

A person can be said in default, if that person (the debtor) does not do what he promised or he violates the agreement, and the default of a debtor consists of four types, namely:[3]

1. Not doing what it was promised to do;
2. Carry out what he promised, but not as promised;
3. Did what he promised but was too late;
4. Doing something that according to the agreement cannot be done.

Unlawful Acts are regulated in Article 1365 of the Civil Code which reads as follows:[4]

"Every act that violates the law and causes harm to others, obliges the person who caused the loss because of his fault to replace the loss."

Based on the above definition and Indonesian jurisprudence, unlawful act is an act that meets the following criteria:[5]

1. Contrary to the legal obligations of the perpetrator; or
2. Violating the subjective rights of others; or
3. Violating the rules of etiquette; or
4. Contrary to the principles of propriety, thoroughness and caution that a person should have in association with fellow citizens or against other people's property.

Legal Term

According to Prof. Subekti, Default occurs if one of the parties in the agreement does not carry out the agreement, carries out what was promised but did not do it properly, carried out what was promised but was late, and did something that according to the agreement should not be done. Then according to J. Satrio, argues that Default is a condition where the debtor does not fulfill his promise or does not fulfill it properly and all of them can be blamed on him. There is no Default if there is no prior agreement.[6]

According to Rosa Agustina, in her book "Act Against the Law", in determining that an act can be qualified as against the law, 4 conditions are needed: a. Contrary to the legal obligations of the perpetrator; b. Contrary to the subjective rights of others; c. Against decency; d. Contrary to propriety, thoroughness and prudence.[7] According to the authors, this terminology paraphrases elements of Article 1365 of the Civil Code.

M.A. Moegni Djojodirdjo in his book entitled “Act Against the Law”, argues that default and unlawful act have differences in the burden of proof, calculation of losses, and the form of compensation. In a lawsuit against the law, the plaintiff must prove all the elements of the unlawful act in addition to being able to prove the existence of mistakes made by the debtor. Whereas in a breach of contract, it is sufficient for the plaintiff to show that there is a breach of contract or an agreement that has been violated, it is very important to consider whether someone will file a claim for compensation due to default or because of an unlawful act. [8] 

If you are a creditor who has bad debts or unpaid bills, or you are a victim of an unlawful act from another person that causes harm to you, then contact us, we will prepare a lawsuit for your legal interests, feel free in 24 hours, we will be glad to help you. 

*) For further information please contact us:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

_________________

References:

1. "Perbedaan Wanprestasi dan Perbuatan Melawan Hukum", indonesiare.co.id., Diakses pada tanggal 31 Januari 2022, https://indonesiare.co.id/id/article/perbedaan-wanprestasi-dan-perbuatan-melawan-hukum

2. Civil Code

3. Op. Cit., indonesiare.co.id.

4. Ibid, Civil Code.

5. Op. Cit., indonesiare.co.id.

6. "Perbedaan Gugatan Wanprestasi dan Gugatan Perbuatan Melawan Hukum", lawyerjakarta.id., Diakses pada tanggal 31 Januari 2022, https://lawyerjakarta.id/perbedaan-gugatan-wanprestasi-dan-gugatan-perbuatan-melawan-hukum/#:~:text=Gugatan%20Perbuatan%20Melawan%20Hukum%20didasarkan,berlaku%20pada%20para%20pihak%20saja.

7. "Tulisan Hukum – Perbuatan Melawan Hukum dalam Hukum Perdata dan Pidana", bali.bpk.go.id., Diakses pada tanggal 31 Januari 2022, https://bali.bpk.go.id/perbuatan-melawan-hukum-dalam-hukum-perdata-dan-pidana/

8. Op. Cit., indonesiare.co.id.