Sabtu, 12 Maret 2022

Case of Boredom at Work

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By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Sperm Theft Case" you may 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 'Case of Boredom at Work'.

In a 2016 case, a French citizen named Frederic Desnard filed a lawsuit worth 360,000 euros against his former employer for "falling into hell" and "nightmare", two words he uses to describe his level of boredom at work. The defendant was Interparfums, a French perfume company where Desnard worked for 8 years until he was forced out due to his boredom.[1]

He suspected that the company had deliberately ostracized him after failing to secure a major contract. Then, after 7 months of sick leave due to epilepsy and stomach ulcers, he was fired. The case then included allegations of harassment at work by Desnard's superviors, such as harsh words and insulting tasks such as picking up the boss's children from school.[2]

Desnard's lawyer stated that "being so bored" was seen as harassment and the company had to pay for the mental torture the employee suffered. The case was then handled by the Paris labor court. There should have been a decision on 27 July 2016, but the court has instead scheduled a new trial.[3] 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. "Tak Masuk Akal, Ini 5 Tuntutan Hukum Paling Konyol di Dunia?", www.liputan6.com., Diakses pada tanggal 8 Maret 2022, https://www.liputan6.com/global/read/3176767/tak-masuk-akal-ini-5-tuntutan-hukum-paling-konyol-di-dunia
2. Ibid.
3. Ibid.

Jumat, 11 Maret 2022

Sperm Theft Case

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By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Selling Corn Seeds, Even Imprisoned" 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 'Sperm Theft Case'.

In 1998, a man named Peter Wallis from Albuquerque filed a lawsuit against his ex-girlfriend, Kellie Smith, who became pregnant without an agreement and thus violated the contract because of "deliberately obtaining and abusing the man's sperm." According to Wallis, Smith had been warned to use birth control pills. However, the woman then deliberately stopped using the pill to get pregnant from her lover.[1]

As a result, Wallis didn't even know he was going to be a father. The demand for money refers to the reason that he has to pay for the care of a child he does not want. According to the defendants, Smith could not have "stealed" the sperm because it was transferred during a mutually agreed act so that it was legally considered a gift and Wallis no longer had any ownership rights to it.[2]

When he heard about the pregnancy, Wallis proposed to Smith and asked the woman to have an abortion. But Smith refused both things and moved to live with his parents. Contrary to Wallis's argument that women have a choice and it is unfair to him to be asked to pay, Smith has the right to refuse both requests and so he wins the case.[3] And if you have difficulties 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

________________
Reference:

1. "Tak Masuk Akal, Ini 5 Tuntutan Hukum Paling Konyol di Dunia?", www.liputan6.com., Diakses pada tanggal 8 Maret 2022, https://www.liputan6.com/global/read/3176767/tak-masuk-akal-ini-5-tuntutan-hukum-paling-konyol-di-dunia
2. Ibid.
3. Ibid.

Kamis, 10 Maret 2022

Selling Corn Seeds, Even Imprisoned

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By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail" 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 'Selling Corn Seeds, Even Imprisoned'.

Tukirin and Kuncoro are two simple men who are trying their luck as sellers of hybrid corn seeds in Kediri, East Java. But they don't know, just because the seeds they sell don't go through laboratory tests and are considered to be 'pirating' a well-known brand, they get a prison sentence.[1]

In fact, these two people are farmers without any bad intentions. Unfortunately, according to Law No. 12/1992 on the Crop Cultivation System (UUSBT) they were guilty and deemed not to have a license to sell hybrid corn seeds such as the BISI brand. Sad isn't it? Kuncoro was imprisoned in 2010 while Tukirin is on probation.[2] And if you have difficulties 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

________________
Reference:

1. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html
2. Ibid.

Rabu, 09 Maret 2022

Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail

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By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Preparation Before Opening a Police Report In Indonesia" 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 'Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail'. This article quoted entirely from website: www.kai.or.id, titled "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia".

Life is hard, it is the strong and the intelligent who survive. Even though he only graduated from elementary school, the 41-year-old MK (initials) didn't want to just give up. Relying on his creativity and also his ability in electronics, he made a new television from used equipment such as used tubes and screens.[1]

Instead of getting an appreciation, the Court was even imprisoned for being accused of selling non-standard and potentially dangerous electronic goods. It's true, all electronic devices should pass a quality test, but does the government care and make it easy for this? In fact not. Now MK is in prison just because he recycles used goods to make them fit again.[2] And if you have difficulties 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

________________
Reference:

1. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html
2. Ibid.

Senin, 07 Maret 2022

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.

Sabtu, 05 Maret 2022

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.

Jumat, 04 Maret 2022

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.

Rabu, 02 Maret 2022

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.

Massachusetts Court Jurisprudence: Wedding Ring Must Be Returned If Marriage is Void

   ( iStock ) By: Team of Hukumindo Previously, the www.hukumindo.com platform has talk about " A Young Woman From England, Falls In Lo...