Preparation Before Opening a Police Report In Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Pants Lawsuit", "What's The Difference Between Police Report and Public Complaint?" read also "How to Open a Police Report in Indonesia?", "The Example of Official Police Report Receipt in Indonesia" and on this occasion we will discuss about 'Preparation Before Opening a Police Report In Indonesia'. By reading this article to the end, the author hopes that the reader is well prepared before opening a Police Report.

Opening a Police Report to the relevant police station is certainly not an easy thing for everyone. However, for legal professionals such as advocates, it is certainly not a new thing. What difficult is to share information that is part of the daily life of a legal professional to the majority of people who do not understand the law. This is the challenge of this article, explaining the technicalities to the general public.

Let's leave aside for a moment the positive rules of rigid legal norms of Criminal Procedure Code (KUHAP), this article will guide readers on practical things that must be prepared before opening a Police Report. Be ready audience.

Legal Incident

Let's say you are on vacation in Bali and have an unpleasant legal incident due to 'pickpocketing'. Or let's say you are in Jakarta for a certain business and you are having a bad day because the inn/hotel where you are staying has been burglarized. Of course there are many other examples that are not pleasant to tell here, but what is certain is that you have to deal with the law and go to the Police Station to open a report. 

First lesson: this is the first lesson, you must know the location where the legal incident that you experienced occurred. By knowing the location where you experienced the legal incident as referred, then you will know which Police Station you must report to. If you are pickpocketed on Kuta beach, then you may open a Police Report at the Badung Police Station.

Second lesson: this is the second lesson, it's about the category of crime you have experienced. You don't need to know that pickpocketing is regulated in what article of the Criminal Code. You also don't need to know what article theft is included in the Criminal Code. Just saying that you have been pickpocketed or have stolen to the Police Officer is enough, it is assumed that the Police Officer who is on duty at the Integrated Police Service Center (SPKT) already knows what article is regulated in the Criminal Code.

ID Card

Bring your ID card, this is to show that you are a legal subject. During the reporting process later at the Police Station, your identity will be asked and furthermore will be included in the proof of report.

Sir, I am a foreign citizen, is my national ID card valid? If you are a foreign citizen, then the identity you should show is your Passport. Sir, how do I show my passport, it has been stolen? Technically, you have to show your identity, so try to have a copy or back-up of your ID card. 

Third lesson: this is the third lesson, you must show your ID card or passport to the Police officer.

Event Description

The chronology of events is related to the description of the legal incident that you experience. This includes the date of the incident, the time of the incident, the place of the incident (for example at a hotel or beach or other place).

Then describe a brief chronology of events, for example:

"On the afternoon of December 20, 2021 I went to Kuta Beach with my girlfriend, then we swam and put our wallets in the bags we carried. We put the bag in a place not too far from where we were swimming and occasionally we still watched it from a distance. After swimming, we rinsed and cleaned ourselves, and I only realized when I was about to take the towel in the bag that my wallet had disappeared. ATM card, Credit card, hotel electronic key, shopping card and cash money amount of Rp. 1.000.000, - also disappeared inside the the wallet. The losses suffered were a number of ... Rupiah." 

Fourth lesson: this is the fourth lesson, you must describe the legal incident. This, as far as the author knows, is not difficult. Later the Police Officer will guide you to translate it into a sentence. 

In addition, you will also be asked, do you know who is the perpetrator of the crime? Just answer honestly if you don't know. You will also be asked who were the witnesses who saw it at that time? If there was anyone, then mention at least two person. 

Sign The Report

Finally, you must sign the criminal report as mentioned above. This indicates that the report you have given to the Police Officer is correct. According to the facts that you experienced and you have told it as should be. Keep in mind that making a false or incorrect Police Report can be criminalized, the author strongly discourages this.

Fifth lesson: this is the fifth lesson, you must sign the report as a part of formal legal act. 

Other things that might be on the minds of all readers are: when should I report to the Police? the answer is anytime, the Police Integrated Service Center (SPKT) is open in 24 hours. Or some readers may ask: are there any official fees to be paid to Police officers when we open a Police Report? The answer is there are no fees levied by the Police officers.

Dear readers, as the epilogue part of this article, please note that this article can guide you in opening a Police Report at your local Police Station. It's just that this article is intended for criminal acts that are classified as vague or simple, such as pickpocketing or theft. Also be remember that there is a disclaimer on this site. For more complex and difficult criminal acts such as fraud or embezzlement, the author suggests that all readers should hire an advocate. And if you have difficulties to open a Police Report in Indonesia, contact us, feel free in 24 hours, we will be glad to assist you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. KUHAP or Law Number: 8 of 1981 concerning Criminal Procedure Code.

The Pants Lawsuit

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Case of: Is The Tomato a Fruit Or Vegetable?", "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 Pants Lawsuit'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

In 2005, Roy Pearson, a former D.C administrative judge, filed a civil case against his dry cleaning company over a lost pair of trousers. Pearson allegedly left a pair of grey trousers, distinguishable by a unique trio of belt loops, at Custom Cleaners. After a delay due to the trousers accidentally being sent to another dry cleaners, the trousers were returned a few days later. But Pearson refused to accept the trousers, claiming they were not his, despite confirmation from the dry cleaners’ records, tags and Pearson’s receipt.[1]

Pearson demanded $1,000 to cover the cost of the “lost” trousers, but the Chungs, the owners of the dry cleaners, refused.  As a result, he filed a lawsuit based on the issue of ownership of the presented pair of trousers and that the company’s signs “Same Day Service” and “Satisfaction Guaranteed” were misleading. The Chungs offered settlements three times in the sums of $3,000, $4,600 and $12,000, all of which Pearson rejected. Pearson demanded $54 million in damages for inconvenience, mental anguish and fees for representing himself. He lost after four years of trying every legal avenue to win.[2]

An article by The Washington Post in 2016 revealed Roy Pearson may face sanctions: “On June 3, a three-person hearing committee for the D.C Board on Professional Responsibility found Pearson committed two ethics violations of interfering with the administration of justice and presenting arguments not supported by facts or law.”[3] And if you have any legal issue related with this topic, contact us, feel free in 24 hour, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history

2. Ibid.

3. Ibid.

The Case of: Is The Tomato a Fruit Or Vegetable?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Hot Coffee Spill Lawsuit", "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 Case of: Is The Tomato a Fruit Or Vegetable?'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

In 1893, the Supreme Court ruled that the tomato is a vegetable. The whole situation came about during a case between the Nix family, one of the largest sellers of produce in New York City, and Edward Hedden, a collector at the Port of New York.[1]

The Nix family sued Hedden to recover fees they had spent on transporting the tomatoes, because legislation at the time stated tax must be paid on imported vegetables, but not fruit.[2]

Allegedly during the trial, both sides put forward definitions of fruit and vegetables to argue their cases. Botanically, any seed-bearing structure formed from a flowering plant, is a fruit.[3]

The court unanimously decided that the scientific classification doesn’t change common language, and that a tomato is a vegetable because the public generally think of it as one.[4] And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history

2. Ibid.

3. Ibid.

4. Ibid.

The Hot Coffee Spill Lawsuit

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "How To Obtain Certificate of No Impediment (CNI) in Indonesia", "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 Hot Coffee Spill Lawsuit'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

On February 27, 1992, Stella Liebeck ordered a 49-cent cup of coffee from a McDonald’s drive-through. She was in the passenger’s seat of her grandson’s car, which did not have cup holders.[1]

In the process of trying to add cream and sugar, Liebeck put the coffee between her knees and pulled the far side of the lid to remove it but accidentally spilled the entire cup. As she was wearing cotton trousers, they absorbed the coffee and fused to her skin, causing third-degree burns.[2]

After eight days in hospital and undergoing skin grafting, Liebeck lost 20 pounds and needed extra care for three weeks. She was left partially disabled for the next two years. Liebeck sought to receive $20,000 from McDonald’s to cover her medical expenses, but they only offered $800. She then filed a lawsuit against the chain, accusing them of gross negligence for selling coffee that was “defectively manufactured” and “unreasonably dangerous”.[3] 

After two more attempts to settle, and McDonald’s refusing twice, the case went to trial. During the hearings, it was revealed that the chain had received more than 700 reports of people being burned by their coffee. The jury found McDonald’s was 80% responsible for the incident and awarded Liebeck $200,000 in compensatory damages. She also received $2.7 million in punitive damages, calculated by the jurors as two days’ worth of coffee sales for McDonald’s.[4] And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history

2. Ibid.

3. Ibid.

4. Ibid.

How To Obtain Certificate of No Impediment (CNI) in Indonesia

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia", "Strategies for Filing a Divorce Lawsuits for Foreigners And Migrant Workers" read also "How To Married Indonesian Women Legally?", and on this occasion we will discuss about 'How To Obtain Certificate of No Impediment (CNI) in Indonesia?'

Term & Legal Basis

In general, Certificate of No Impediment acronym to CNI is a letter that explains that there is no obstacle for a person to get married. This letter is one of the requirements for marriage for foreign citizens in Indonesia.

In Indonesia, based on Article 57 of Law No. 1 of 1974 concerning Marriage, what is meant by mixed marriage is marriage between two people in Indonesia subject to different laws due to differences in citizenship and one of the parties is an Indonesian citizen. In other words, what is meant by mixed marriage according to Indonesian law (Law No. 1 of 1974 concerning Marriage) is a marriage between a citizen and a foreign citizen.[1]

Requirement

The application to obtain a Certificate of No Impediment (CNI) is submitted to the Embassy of the foreigner concerned. Several requirement in common are:

1. Birth certificate;
2. ID Card;
3. Passport;
4. Certificate of dissolution of marriage, if the foreigner has been married and divorced. Death Certificate for the bride and groom who are widows/widowers;
5. Proof of residence or domicile letter;
6. Ect.

With the issuance of the Certificate of No Impediment (CNI) from the related embassy, the marriages between Indonesian citizens and foreigners carried out according to Indonesian law will be considered valid and legally recognized by both law the foreigner law and Indonesian law.

Procedure

In this article, an example will be given of the procedure for obtaining a Certificate of No Impediment (CNI) at the 'A' Embassy in Jakarta - Indonesia:[2]

• Make an appointment by phone with the consular department at least 1 day prior;
• Then come to the Consular Section of the relevant Embassy according to the schedule given;
• The foreign prospective bride then fills out the application form and signs the Certificate of No Impediment (CNI) form in front of the consular officer;
• The foreign prospective bride then submit supporting data as required.

And if you have difficulty to obtain Certificate of No Impediment (CNI) for 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. "Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia", www.hukumindo.com., Diakses pada tanggal 24 Februari 2022, https://www.hukumindo.com/2022/02/various-documents-needed-for-mixed.html

2. "Certificate of No Impediment", www.ilalanggrass.com., Diakses pada tanggal 24 Februari 2022, https://www.ilalanggrass.com/2012/04/certificate-of-no-impediment-to.html

Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Procedure in Obtaining Police Clearance Certificate (SKCK) in Indonesia", "Strategies for Filing a Divorce Lawsuits for Foreigners And Migrant Workers" read also "How To Married Indonesian Women Legally?", and on this occasion we will discuss about 'Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia.'

For couples who are getting married, various preparations related to the wedding will certainly take up a lot of their time. There are many things that must be prepared from the start, including the fulfillment of various mandatory requirements to carry out the marriage itself.[1]

For those who are married to Indonesian citizens (WNI) this may be done in a fairly short time, considering the various requirements requested will also not be too complicated. However, for couples who marry from different countries (WNI and WNA), a number of requirements will be a little more complicated and will take a long time to prepare, considering that various documents from both countries will be required for this.[2]

Marriage between Indonesian citizens and foreigners will require a number of processes that are quite long, because the processing of various marriage documents will be carried out in the two countries of the spouses concerned. Things like this certainly deserve special attention, before finally choosing the time and also various other preparations related to the wedding later.[3]

Legal Basis

Marriage of different nationalities is no longer a foreign thing that occurs in the midst of the times. This is also influenced by the development of communication technology which no longer makes distance and time differences an obstacle. The mobilization of humans themselves as social beings contributes to the number of marriages of different nationalities becoming increasingly common. Seeing that marriage no longer considers differences in citizenship, there are several regulations that must be followed and documents that must be fulfilled so that an Indonesian citizen (WNI) can register his marriage with a foreign citizen (WNA) in the territory of the Republic of Indonesia.[4]

In Indonesia, based on Article 57 of Law No. 1 of 1974 concerning Marriage, what is meant by mixed marriage is marriage between two people in Indonesia subject to different laws due to differences in citizenship and one of the parties is an Indonesian citizen.[5] In other words, what is meant by mixed marriage according to Indonesian law (Law No. 1 of 1974 concerning Marriage) is a marriage between a citizen and a foreign citizen.

Various Documents Needed for Prospective Mixed Marriage Couples In Indonesia

There are so many documents that you have to prepare. Some have existed and remain part of the terms. Several documents must be obtained from the relevant government agencies. Some other documents require treatment such as legalization.

Documents for Indonesian Citizens[5]

1. RT/RW cover letter stating that there are no obstacles to getting married;
2. Forms N1, N2, and N4 obtained from Kelurahan (Village) and Kecamatan (Sub District);
3. Special N3 form for married couples at Kantor Urusan Agama or Religious Affairs Office (signed by both prospective spouses);
4. Photocopy of ID card;
5. Photocopy of Birth Certificate;
6. Data on the parents of the prospective bride and groom for Indonesian citizens;
7. Photocopy of Family Card (KK);
8. Parents' Marriage Book (if the prospective Indonesian citizen is the first child);
9. Data of two witnesses to the marriage along with a photocopy of their ID card;
10. 2×3 (4 sheets) and 4×6 (4 sheets) photographs;
11. The latest proof of PBB (Earth Building Tax) Payment, if required.
12. In addition, several documents are required for spouses of Indonesian citizens as a condition for their spouses who are foreign citizens.

Documents for Foreign Nationals[6]

1. Certificate of No Impediment (CNI), which is a certificate stating that you can marry and will marry an Indonesian citizen, this letter is issued by the competent authority in the country, such as the Embassy;
2. Photocopy of identity card from country of origin;
3. Copy of Passport;
4. Photocopy of birth certificate;
5. Certificate of not being married;
6. Divorce certificate if you have been married;
7. Spouse's death certificate (if the previous spouse has died);
8. Current domicile certificate;
9. 2x3 (4 sheets) and 4×6 (4 sheets) photographs;
10. Marriage form from the relevant Embassy.

Just a note, people usually need spend of time to collect documents from their foreign spouse. This is because the documents must be processed between two countries, which of course takes energy and time. Do not let the documents you need are incomplete but you have already determined the date of the wedding reception, or you have already spread the wedding invitations, some even already ordered catering and bridal makeup. This is fatal, you will be in trouble if this happens. And if you have difficulty for getting married in Indonesia, contact us, 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. "Ini Dia Syarat Mengurus Pernikahan WNI dan WNA", www.cermati.com., Diakses pada tanggal 23 Februari 2022, https://www.cermati.com/artikel/ini-dia-syarat-mengurus-pernikahan-wni-dan-wna

2. Ibid.

3. Ibid.

4. "Dokumen Wajib Untuk Menikah dengan WNA di Indonesia", bahasan.id., Diakses pada tanggal 23 Februari 2022, https://bahasan.id/dokumen-wajib-untuk-menikah-dengan-wna-di-indonesia/

5. Ibid.

6. Ibid.

Procedure in Obtaining Police Clearance Certificate (SKCK) in Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Why You Need Contract Review Before Entering the Agreement?", read also "The Example of Official Police Report Receipt in Indonesia", and on this occasion we will discuss about 'Procedure in Obtaining Police Clearance Certificate (SKCK) in Indonesia'.

Term and Legal Basis

Police Clearance Certificate (Indonesian acronym: SKCK) is an official document issued by the Indonesian Police for specific purposes which requires background clearance and biodata of a certain person. SKCK is regulated under Law Number 2 Year 2002 concerning the Indonesian National Police and Regulation of Chief of Indonesian National Police Number 18 Year 2014 concerning the Procedures to Issue SKCK.[1]

SKCK can be issued to an Indonesian National and a Foreign National. Foreign national who is eligible for SKCK are those currently holding or had ever hold a Permanent Stay Permit (Kartu Izin Tinggal Tetap / KITAP) or a Temporary Stay Permit (Kartu Izin Tinggal Sementara / KITAS). Holder of other types of visas such as visit visa, multiple-entry visit visa, or visa on arrival, is not eligible to be issued SKCK. Indonesian National Police is the only government body which has the full authority to issue SKCK.[2]

The Purposes

This Police certificate in Indonesia is particularly important for foreigners starting a business, working in the country, or other immigration purposes. This is because it serves as proof that foreigners have no previous criminal actions or have not committed any crimes that can be harmful to the workplace, the communities, and the entire society.[3]

Before foreign individuals can start working, staying, and living in Indonesia, the Indonesian government will require foreigners to show a police clearance certificate. In other words, a police certificate is one of the deciding factors if a foreigner’s residency permit will be approved.[4]

The purpose of this certificate is to review and confirm the criminal records or criminal history of all local and foreign individuals.[5]

Procedure

The procedure for obtaining this letter is generally divided into two, the first is for Indonesian citizens and the second is for foreigners. In this article we will focus on Process for non Citizens of Indonesia, for both who live in Indonesia and overseas:[6]

If you apply in Indonesia, you may apply in-person or through representative. Apply in-person:

1. Certificate of Good Conduct - Indonesian Police Certificates (Surat Keterangan Catatan Kepolisian (SKCK)) issued by the National Police through the intelligence function.
2. Applicant shall apply in-person with the police station authority in area where they live.
3. Link for police station contact: national police please select the concerned region from the drop down menu against “Choose the name of the police station” in the page to locate the office.
4. Go to the respective office. Don’t forget to take the required copy of documents along with originals to the office.
5. Please follow as per authorities guidelines and submit the completed application along with documents. Applicant should pay for any charges, if required as advised.
6. This application will be processed by respective department.
7. The certificate can be collected from the office where applicant applied in person upon notification or issued as per norms.

You may also apply through representative as follows:

1. Applicant shall appoint a representative to apply on his behalf at the police station office.
2. Link for police station contact: National Police please select the concerned region from the drop down menu against “Choose the name of the police station” in the page to locate the office.
3. Representative has to go to the respective police station office. Don’t forget to take the required copy of documents along with originals.
4. Please follow as per authorities guidelines and submit the completed application along with documents. Representative should pay for any charges if required as advised.
5. This application will be processed by respective department.
6. The certificate can be collected from the office where applicant applied in-person upon notification or issued as per norms. Note: The representative should apply with the following documents of: ID card or passport, and Family card.

Applying overseas: 

1. Applicant can apply at their nearest embassy or consulate in person. Link to locate the embassy or consulate: Ministry of foreign Affairs.
2. Call the office and fix appointment for personal visit. Also find out the details for this procedure.
3. On the scheduled date, go to the office with all the document in original and in copy. Please follow as per officer guidelines to process your application.
4. Accepted application will be processed by the respective department. The completed certificates are forwarded to the concern.
5. Applicant shall collect the certificate with the respective office upon notification or can get it delivered as per norms applicable.

Required documents for foreign national:[7]

1. A copy of your passport while living in Indonesia.
2. A copy of your permit of stay in Indonesia, passport number and place of issue as well.
3. Copies of your passport page with your Indonesia visa or of the document with address in Indonesia.
4. Application letter from sponsor, company, or institution that employs, uses, or is responsible for foreigners.
5. Photocopy of KTP and Marriage Certificate if the sponsor is a Spouse of an Indonesian Citizen.
6. Photocopy of Passport.
7. Photocopy of Limited Stay Permit Card (KITAS) or Permanent Stay Permit Card (KITAP).
8. Photocopy of IMTA from KEMENAKER RI.
9. Photocopy of Reporting Certificate (STM) from the Police.
10. 6 (six) pieces of 4 x 6 cm color photographs with a yellow background, modestly dressed, face-to-face, and for applicants wearing hijab, a photo must be in full face.

And if you have a 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. "Police Clearance Certificate", kemlu.go.id., Diakses pada tanggal 22 Februari 2022, https://kemlu.go.id/wellington/en/pages/surat_keterangan_catatan_kepolisian/2706/etc-menu

2. Ibid.

3. "How to Obtain Police Clearance Certificate Indonesia", www.cekindo.com., Diakses pada tanggal 22 Februari 2022, https://www.cekindo.com/blog/obtain-police-clearance-certificate-indonesia 

4. Ibid.

5. Ibid. 

6. "Obtain Police Clearance Certificate (Certificate of Good Conduct)", wikiprocedure.com., Diakses pada tanggal 22 Februari 2022, https://wikiprocedure.com/index.php/Indonesia_-_Obtain_Police_Clearance_Certificate_(Certificate_of_Good_Conduct)

7. Ibid.

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.