Understand on Advocate Profession In Indonesia and Related Lawyer Issues

Legal System in the World

2012-02-19T15:13:00.000+07:00

Image Source: Wikipedia

There are several legal systems applicable in the world and differences in legal systems also affect the field of civil law among other. World civilization history from the beginning is logic reason why legal system grow differ each other. They are Anglo-Saxon legal system (common law), Continental legal system (civil law), Communist legal system, Religious legal system (such as shariah law), Customary legal system, and combined/mixed legal system between mentioned before. In United States, there is also Louisiana State legal system United States which is based upon French and Spanish civil law.

Each countries in the world apply each legal system one or more by combine each other. Anglo-Saxon legal system applicable in the Kingdom of the UK and commonwealth countries or countries affected by the UK, such as the United States and Canada (except Quebec Province), Malaysia, Australia, India, New Guinea, Ireland, New Zealand, South Africa, etc. Continental European legal systems applicable in European main continental and countries that affected by European mainland counties colonization/occupation (Almost 60% of the world's countries follow this system of law).

Legal communist system is used by communist country such as China and Rusia. Meanwhile, Islamic legal systems mostly used by middle east country and mixed applicable by other countries where people population dominated by moslem religion, such as Malaysia, Indonesia, Brunei Darussalam (especially for marriage and inheritance law). Civil law in Indonesia is based on civil law in the Netherlands, especially in civil law during the Dutch colonization in Indonesia. Please read also detail article on Differences of the Anglo Saxon with the European Continental Legal System.

New Rule on Child Outside the Marriage in Indonesia

2012-02-19T12:07:00.001+07:00

Indonesian Constitutional Court (MK) issued a decision that granting a civil relationship between the children, which is born of unregistered marriage, with the biological father. The MK ruled that children born outside of marriage maintains a civil relationship with her biological father. The rights are acquired after obtaining evidence from witnesses or DNA tests. This decision was read on Friday, February 17, 2012.

This decision relates to the application for judicial review of the Law No. 1 of 1974 on Marriage. Judicial review was filed by Mochtar Machica fighting for the recognition of her son which was born of unregistered marriage with Moerdiono. Moerdiono is a former State Secretary Minister in President Soeharto era. Moerdiono had died in 2011.

Article 43 paragraph (1) of Law No. 1/1974 on Marriage, which reads'' Children who are born outside marriage has only a civil relationship with her mother and her family". The Court's decision to change the article to be:'' Children are born outside marriage have a civil relationship with her mother and her family as well as men as a father who can be proven by science and technology and / or other evidence under the law to have a blood relationship, including a civil relationship with his father's family.''

With this decision, new rule on child outside the marriage in Indonesia is issued. The child will get a civil rights with his father and his family. Children will be entitled to a birth certificate and use the name of his biological father, and also get a living and legacy.

Before the advent of this decision, the child outside of marriage has not clear legal status and rights. Now these children have got a clear protection that can not be denied, either in technology or law. Men who like to cheat will be considering this next course.

Domestic Violence and Legal Enforcement

2012-02-14T20:43:00.000+07:00

Domestic violence is violence perpetrated in the household. Either by the husband, wife or child. Causes of domestic violence in general is suffering and economic needs are not met. Though there have been attempts by the law protection which aims to provide protection against those who torture and threats of legal action to the culprit. But still it does not make the offender stop violence and without any anxiety in doing so.

In this day and age has a lot of people doing violence, whether violence is simple or serious violence. Even they do not realize what they are doing is wrong or right. Violence can also occur when a person feels threatened when there was danger to her and tried to fight back. Violence is done to keep action in order to avoid a hazard. For example, when the wife threatened to divorce her husband or report to certain parties.

If there is violence in the family, many people try to cover it because it is considered a family problem. This is done to maintain the good name of his family and privacy in order not to be the talk of the crowd. On the one hand, there is a violent husband when his wife of immoral acts such as cheating or even having sex with a man not her husband own. It could be the cause because the husband was often away working out of town and he does not give more attention to his wife. So happened that made his wife's affair in secret. But the cause and action taken in the above example is not the correct one.

In order to prevent domestic violence, people who commit violence must learn to keep emotions out of hand and learn from mistakes so as not to pose a risk to be faced. Acts of violence is basically an attempt to achieve what he wants or a retaliation. But what's done is something wrong and dangerous. How to overcome to prevent violence there must be a continuous involvement of outside parties, such as law enforcement, especially for marriage or family law. Because if not, the perpetrators of violence will be and becoming rampant.

Assault Lawyer to Protect Your Rights

2011-12-15T08:46:00.000+07:00

Do not underestimate the criminal assault cases that occur around you. Sometimes hoping for leniency by confessing error could endanger your rights before the law. This will be used by others to form a different perception of a mistake. Public opinion point of view of an external law, sometimes do not see the law as an integral and holistic.

Often a suspect linked as if the offender has been convicted as guilty, though an investigation still in the stages of the investigation. There has been no court ruling binding. Questions from the layman the law as a process, has sentenced a man who had been captured as a true and proven guilty. Why would an obviously guilty yet also subject to criminal sanctions when the person is a new suspect in the investigation? Why would a person who has been guilty, still have their rights protected? Why not once directly on the law and imposed sanctions at that time.

Consider for fixed defend your rights or someone you know in order to stay within the law should be. Any person with an error rate of any kind, including assault crimes against other people still have legal rights. Maybe you have never done these criminals, but a fictional story could have been designed by someone to get rid of you, either by the enemy, girlfriend, friend, colleague or wife. Your complaint seems to have any violence in the home, office or your neighborhood in everyday. This condition is in some cases can you face yourself and get it done fairly, but if you trouble to get it done, it's time to look for an assault lawyer to assist you. You can find Pennsylvania assault lawyer and get services if you're in Pennsylvania. For other places, please look for the source of the information services of lawyers who can you trust.

Foreign Lawyers, How to Operate in Indonesia?

2011-05-28T10:15:00.000+07:00

As stated in the rule of law in Indonesia, foreign lawyers should not go to Indonesia in its efforts to justice access, without any cooperation with lawyers in the country. Measures of foreign attorneys who go to Indonesia to have an action without any legal cooperation with Indonesia is an advocate against the Law of Advocate.

Under the Advocates Act not justified foreign lawyers operating in Indonesia, without cooperation with a lawyer in this country. Minister of Justice of the Republic of Indonesia promised if the foreign lawyers go to Indonesia for the proceedings and attempting to make legal efforts to deport or repatriate the foreign lawyer.

In the Law No. 18 Year 2003 on Advocates, article 23, among others mentioned, foreign lawyers are prohibited in court proceedings, practice and / or opening the legal services office or representative in Indonesia.

Lawyer's office to hire foreign lawyers as employees or experts in the field of foreign law by permission of the government with recommendations advocate organization. Foreign Lawyer shall provide legal services free of charge for a certain time to the education and legal research.

Gayus and Tax Case in Indonesia

2011-03-23T13:23:00.000+07:00

The case of tax mafia is one of the cases that attract enough of Indonesian society lately. Gayus is just ordinary employees in the Directorate General of Taxation, but has a wealth of very many. Once investigated, turned out all his wealth was obtained from the companies that bribe. Bribes are given to regulate proceedings in tax court for the state as the plaintiff can be defeated. State suing these companies for manipulating the tax payments to the detriment of the State.

Among the many companies that are owned by large companies and important people in Indonesia, so that when the case was raised, many important people who dragged. Of the process that has been running, many additional stories that have been colored. Not only the legal story, but also political and economic. Everything is interrelated and confusing people. The process is not completed until recently.

This is an important lesson for those of you who want to invest stocks and develop business in Indonesia. Culture of bribery is still there, but also vigorous eradication efforts. Better to be honest without trying to avoid paying taxes or manipulate it. Do not be dragged into a business that is not good and hurt many parties. Law enforcement in Indonesia is sometimes weird and confusing, but it is not the ideal conditions that are expected of the people of Indonesia. In case of Gayus, tax law and corruption eradication enforcement is being tested in Indonesia

North Shore Family Law and Conveyancing Services

2011-03-23T13:02:00.000+07:00

Having a harmonious family is everybody's dream, but sometimes we have to deal with family law when conflicts arise. Understanding rights and mutual obligations necessary to keep the marriage always lasting. Weddings and joint ownership of assets can be complicated to be resolved when the family had split. Custody of children is usually a bone of contention. Joint property also is competed. It would be very difficult to understand rights and obligations if you do not have a family legal adviser.

From some advisory services of family law in Australia, you can obtain the services of Clive Mills and Associates because they have service the Family Lawyer North Shore. For completion and anticipate problems conveyancing service associates are also part of this. Conveyancing North Shore is a region of their work and have served many clients there. They are Able to act for you in sales and purchases of houses, units and commercial property.

SBI Bail Bonds Provides You Ultimate Services

2011-03-23T12:29:00.000+07:00

Bail industry has grown as part of the business of modern social life. Not only in developed countries, but also in all the countries that exist. Companies engaged in this business can give satisfaction to its clients throughout providing very attractive and professional. Not to forget, personal touch and good relations with all parties involved is also very crucial. Amid the bustle of society that is always solid, efficient service is also important in this business. As SBI Bail Bonds, based in the United States, the company has grown rapidly since 1998 and serves many people in several states. SBI Bail Bonds has been involved in the business of bail bonds in az and have offices there to serve bail bonds az.

Not only that, the company that still family owned has also developed its business in New Jersey. You can get the bail bonds Somerset County services through this company through a service center they established there. If there are in Hunterdon County or surrounding areas, you can also get the same services as there are bail bonds Hunterdon County services from SBI Bail Bonds.

Among the information the uniqueness of this company is that you do not need to provide collateral for some conditions, a good reputation in the legal environment, one of the professional agents in the United States, always maintaining the confidentiality of clients and others. You should also consider this since these agents get the best service for your satisfaction.

Legal Authority, Help You Meet Desired Law Jobs

2010-03-06T18:52:00.002+07:00

Recently I read a review of services for law students or attorneys to get a job. This online service works by sending out resumes the law students or attorney to employers or clients that they set themselves. This service is offered by the Legal Authority through their online site at legalauthority.com. Legal Authority review that I read was quite interesting because it provides a new alternative for connecting law students and attorneys with clients or employers in different way.

I think this is a great opportunity for job seekers in the law industry, let alone this way quite effectively and efficiently. Legal Authority provides these services since 2001 and has helped many people to get an attoryey jobs. Through an online service, this service has grown into a trusted reference for law industry job seekers. In legal ethics, it is forbidden for lawyers to advertise themselves in any way, so that by the Legal Authority, the law students or attorneys can connect with companies, organizations or individuals in need of law advise or work closely related to the legal field without having to promote yourself .

On the site, I tried to find testimony from clients who have used Legal Authority services. In general, all the testimony gave a positive assessment of the professional services they have used. Legal Authority testimonial made me sure if this service is very helpful in getting a job in the legal industry. If you are a law student or an attorney and are looking for the right legal job, I suggest you to use Legal Authority services such as those who had joined there before because all People Love Legal Authority.

Bad News on Law Enforcement in Indonesia

2009-11-08T00:40:00.004+07:00

Law enforcement system for the eradication of corruption is being tested in Indonesia where the current enmity between the institutions of law enforcement Police Department (POLRI), Prosecutor and the KPK (Commission of Corruption Eradication). All this three agencies are fighting and claim that their colleagues had broken the law. Police and Prosecutors institution are in one hand and the KPK on the other side.

This struggle has made the people angry at the police and prosecutors. People defend the KPK because they believed that the KPK was not wrong. KPK is the criminalization victims of a conspiracy by police and prosecutors. Currently one million Facebookers movement supports the KPK and has exceeded the target one million supporters. This proves that the people have their own alternative in law enforcement efforts.

If you read in the media, this feud has made the government and the people's attention focused on this case. Everybody wants this case finished as quickly as possible. People want to eradicate corruption in Indonesia still continues and the law enforcement officers do not fight each other. About the substance of the case can be read on another site or search on Google. KPK vs POLRI Case.

Indonesia Tax Law

2009-09-13T00:13:00.006+07:00

Tax is a contribution from the taxpayer to the State. According to law, the taxpayer does not receive direct rewards from state. Taxes divided by some category. Tax law is the rules governing the relationship between the government and taxpayers, are also set to anyone who becomes the object of all taxes.

Tax law collection basis:
1. Article 23A of the Indonesia 1945 Constitution "taxes and other levies that are forced to use the set with the State law
2. Act no.6/1983 General provisions and procedures of taxes
3. Law no. 7/1983 on Income tax
4. Law no. 81983 on the value added tax, goods and services and sales tax on luxury goods

Tax function is to finance public expenditures in connection with the task of conducting the state government and the welfare of the people.

o Budget Function: as much as possible incorporated into the State revenues, for the development of State
o Rule function: The private sector can participate in advancing the national economy

Tax Type:
1. Direct taxes: The tax must be paid by taxpayer, for example: income tax, payroll taxes and wages, etc.
2. Indirect taxes: Taxes that there could ultimately take the price, for example, sales tax and development tax, etc.
3. Local taxes: Taxes levied by local governments, for example: road tax, tax billboards, etc.
4. State tax: Collected by the central government for public purposes by the tax inspection, for example: tuition and fees rehabilitation area of regional development

Theory, system, principles of taxation in Indonesia
o The theory: A taxpayer must fill a SPT (tax notification letter), signature itself, restore the SPT is the tax inspection in a particular period, shall provide tax information and show evidence of tax accounting
o System: In Indonesia, the tax collection is still using self assessment system where every taxpayer in the trust to calculate their own tax debt.

Type of Violation By Advocate

2009-08-29T20:59:00.004+07:00

For he dignity of their profession, Advocate in Indonesia should not be doing some things that not respect their self profession. Every professional jobs have itself values that should be followed by their member, include in advocate profession.

Advocate should not be doing things as follows:
1) Ignoring client interests;
2) To do or act that is not worthy of their opponent ;
3) Act, speech or issue a statement showing disrespect with law, regulations or court;
4) Doing things that are contrary to duty, honor or dignity of his profession (such as advertise their services);
5) Conducting a violation of laws and regulations and / or moral turpitude;
6) Violation of oath of advocates and / or code of professional ethics of advocates.

If there is an Advocate in the practice of doing such violations will be reported in order to advocate legal action, either legal or organizational nature of general law.

Differences of the Anglo Saxon with the European Continental Legal System

2009-08-22T09:51:00.003+07:00

There is a very fundamental difference between the legal system of Continental (European) and Anglo-Saxon (U.S.) legal system . In the continental legal system, the philosophy appear in nature-that is repressive, that always tends to protect the powerful. This may be understood because the power (that time) was the colonial Dutch who want to clear and maintain his power through enforce various law or legal system.

Anglo Saxon legal system in addition of course there is a repressive nature, but nature more emphasis on the nature of prevention. Article-The buoy is a buoy-to prevent the emergence of corruption, collusion and nepotism in all forms.

In the current the multidimensional crisis, have not arrived in time for serious reflection, to which our legal system to legal Continental Anglo-Saxon legal system for the New India in the future. Hopefully. (Cartono Soejatman)

Fundamental difference with the Anglo Saxon Continental is located on the device that used the law and the political system that is used.

Anglo Saxon System
Anglo-Saxon system is a system of law based on jurisprudence, the decisions of judges who then became the primary decision judges next. The legal system is implemented in Ireland, UK, Australia, New Zealand, South Africa, Canada (except Quebec Province) and the United States (although the state take the Louisiana legal system together with the Napoleon continental European legal systems). Besides these countries, other countries are also implementing the legal system a mixture of Anglo-Saxon, for example Pakistan, India and Nigeria to implement the system most of the Anglo-Saxon law, but also the customary law and religious law.

Anglo Saxon legal system, actual implementation is easier, especially in the community on developing countries. An opinion in accordance with the experts and more prominent lawyer used by judges, cut off in case.

Anglo-Saxon is a region of interest. Anglo-Saxon name, since the 8th century, commonly used to take the Briton, the nation that came from Germania tribes Anglia, Saks, and Yut. Perhaps, in the year 400 M of them cross over East Germany and Southern Scandinavia to conquer the nation Kelt, then establish a small kingdom 7 called Heptarchi. They convert to be christian between 596-655 M.

Anglo-Saxon history is, by Theresa Tomlinson, was a background story in the novel Wolf Girls , a fiction about a teenage girl named intrepid Wulfrun. Wulfrun children a weaver, Cwen. They live in the area of the Whitby monastery are sister Hild. Every day, Wulfrun duty goosee graze along with their friend, Cadmon, a cattle rancher. Cwen young childless life is very poor. Because the poor, he was forced to be sold by her old son, Sebbi, as a slave. At this period, slavery is still a common thing that happens. Perhaps due to the war continues between the areas of mutual hostile. People there divided into two: the free and the not-free.

History of Europe and North America to be a reference for case studies middle layer, which is known as the middle-class struggle during the 18-th century and the end of the 19th century. Two models are proposed Francois Raillon, namely Anglo-Saxon model and the continental European model, to attract follwed. Anglo-Saxon model, which according to rely too Raillon experience the history of bourgeois England and the United States, not necessarily relevant to explain the possible growth of political democratization and economic development in developing countries.

Too many push given model on the "people" dealing with "country". Raillon narrate middle layer that can grow and develop in the body of the state, because the relation between state officials and partners in the private sector. This model, he said, more suitable to describe the middle layer of the growth, especially in the former French state, including in Indochina.

The debate about the Anglo-Saxon or continental European model indeed no means too large. However, the second model was developed on the basis of the structure and nature of the world economy is far different from the economic development of the last 30 years. The world economy 30 years (1966-1996) with a far different economic past, when the information revolution has not been growing rapidly. Because the environment is different so different roles also track foreign middle layer.

The main difference is the middle layer of many other countries now have a more information on the economy or knowledge economy. Unlike the pre-1966 period, economic movement in the world now rely more on the role of (information, services, technology) rather than economic production and trade. This means that the economic stimulus is mostly done by the speed and accuracy of knowledge of the production processing and distribution of goods. Every day around U.S. $ 1.6 trillion in transactions processed foreign exchange, trade and manufacturing goods (goods with the means to make hands) "only" about U.S. $ 600 billion. This means that the layer in the middle part of the largest foreign expert processing of the brain processing muscle. So middle layer of the present is not more trade 1940s or 1950s who became the owner of land, capital, and labor. Middle layer of Indonesia is now the brain is made up of workers (engineers, lawyers, accountants, broker capital market, medical specialist). Their loyalty is to the professional expertise, not to particular company.

On the other hand, Friedman does not analyze further the principle that democracy is not a practical system for each country with the same recipe, that this is visible from the continental tradition and Anglo-Saxon. Even now Nicholas Syarkozi want more French-like American democracy. That is, the development of democracy more closely with the trend of the relative or something to come and delayed, as revealed philosopher Derrida. Temperament and inability to see the condition of the Middle East that caused the failure of the mission the United States. Basically, the people reject the Middle East of a prestigious project for democracy, freedom, and not because of values that contradict, but more due to the act permissive the United States. In principle, the Arab heterophobia not more than the United States.

Fundamental difference with the Anglo Saxon Continental is located on the device that used the law and the political system that is used.

One of the areas of law that regulates the rights and obligations of the law on the subject and the relationship between the legal subject. Also called the civil law or private law as a public opponent of the law. If you set the public law matters relating to the state and the public interest (such as politics and elections (the law governing the state), the activities of day-to-day (administrative law or state administration), crime (criminal law), then set the civil law relations between residents or citizens everyday, such as someone adulthood, marriage, divorce, death, inheritance, property, business activities and actions of other civil.

Continental law system
Continental European legal system is a system of law with the characteristics of the various provisions of codification law that are systematically more will be deciphered by the judge in the application. Almost 60% of the world's population live in countries that follow this system of law.

System law which is also known by the name Civil Law is derived from the Roman then developed to France. It development begins with the Roman occupation over France. This system is practiced in the interaction between the two nations on behalf to regulate their interests. This process lasted many years, until the French state-own adopted this legal system for a nation on its own.

French nation to bring this system to Holland, with the process of the same as the entrance to the French. Continue to develop this system Italy, Germany, Portugal, Spain, and so forth. This system was developed to all mainland European continent. Civil law in Indonesia is based on civil law in the Netherlands, especially in civil law during the Dutch colonization in Indonesia.

Indonesia Marriage Law : An History and Introduction

2009-08-22T09:42:00.003+07:00

A new Marriage Law, the first that was applicable to all Indonesians, was eventually passed in 1974 amidst much controversy, particularly with regard to such issues as permission for divorce and polygamy. Some compromises made by the government included increasing the jurisdiction of shari'a courts and eliminating registration as a requirement for validity of marriage. The Marriage Law is applied by the regular court system for religious minorities and by shari'a courts for Muslim Indonesians.

Following the controversy over the Marriage Law, since the mid-1980s Compilations of Islamic Law in Indonesia (Kompilasi Hukum Islam di Indonesia) authored by officials from the Ministry of Religion and Supreme Court judges have been used to clarify points on personal law and inheritance for application by shari'a courts. They are based on arguments from various schools, comparisons of application of Islamic law in different countries, decisions from religious courts, etc. The Compilations are presented as Presidential Instructions (Inpres) which have lower status that statutes in the Indonesian legal system. A 1991 Compilation of Islamic Law directed the restriction of hiba (gifts) to a maximum of one-third of the donors estate. While this represents a reassertion of classical interpretations, the Compilations also draw from eclectic sources, and Supreme Court judgements on appeal from the religious appellate courts diverge from classical law in many matters.

The minimum marriage age is 19 for males and 16 for females, with provision for marriage below the minimum age, subject to judicial discretion and parental consent. The free consent of marrying parties is a requirement for validity of marriage, unless the religious law governing the parties directs otherwise. The Marriage Law 1974 defines as legal a marriage "solemnised according to the laws of the respective religions and beliefs of each of the parties". Parties under 21 years require parental permission to marry; this refers to the consent of both parents, the surviving parent, or the guardian. Marriage registration is obligatory; the Marriage Registrar Office of the Department of Religious Affairs is responsible for the registration of Muslim marriages and the Civil Marriage Registrar Office of the Department of Internal Affairs for all other marriages.

The basis of marriage is considered monogamy, but the Marriage Law does not prohibit polygamy for those religions that allow it (Islam, Hinduism, Buddhism). Polygamy is permissible with the consent of the existing wife or wives and with judicial permission, by fulfilling conditions specified by law, i.e., proof of financial capacity, safeguards that husband will treat wives and children equally; and a court inquiry into the validity of the reasons for wishing to contract a polygamous marriage (e.g., the existing wifes physical disfigurement, infertility, incurable disease). The law specifies that both spouses are equal and both are responsible for maintaining the home and caring for children. The permanent resident and domicile is to be decided by both parties. The husband as the head of the family is required to protect the wife and provide for her according to his means and the wifes duty is to manage the household.

The Marriage Law provides that divorce shall be carried out only before a Court of Law, after the Court has endeavoured to reconcile the parties. A husband married under Islamic law may submit a letter notifying the religious court of his intention to divorce and giving his reasons. If the husbands reasons accord with any of the six grounds for judicial divorce outlined in the Marriage Law and the court determines that reconciliation is not possible, the court will grant a session in order to witness the divorce. Either spouse may seek a judicial divorce (preceded by reconciliation efforts by the judge) on the following grounds: the other spouses adultery; alcoholism, addiction to narcotics, gambling or "any other vice that is difficult to cure"; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; constant disputes without hope of resolution; and sentencing to a prison term of five years or more.

Property acquired during marriage is considered joint property, although the Marriage Law only directs that division is according to the law applicable to the parties. The court may order alimony for children or maintenance for the former wife. In terms of custody, the Marriage Law simply provides that in case of dispute over custody, the Court shall render its judgement; the father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case the Court may order the mother to share such expenses.

Indonesia Legal History

2009-08-22T09:36:00.003+07:00

The Indonesian legal system is based on Roman-Dutch law, modified by custom and Islamic law. Sources of law are Islamic law, statutory legislation, presidential instructions, and official compilations of Islamic law.

European explorers arrived in the region in the 16th century, and the Dutch East India Company was founded in 1602. The Dutch established a trading post on the north coast of Java, later named Jakarta. The Dutch gradually asserted political and military control beyond Java from the 18th century until most of archipelago was under Dutch rule by the start of the 20th century.

Under Dutch rule, the Netherlands Indies population was divided into Europeans, Natives, and Foreign Orientals. The Dutch established separate tribunals for Europeans and Natives. Indonesians were subject to adat law (custom law), with the Netherlands East Indies divided into several jurisdictions based on cultural and linguistic criteria. Dutch scholars identified and classified 19 different systems of customary law in the region. In areas under direct rule, there were European courts, native courts, and general courts for all of the population. In areas under indirect rule, there were native courts applying adat with very limited criminal jurisdiction and no jurisdiction over Europeans or foreigners.

The basic principle was dominance of the received civil law system, and application of adat for natives as far as it was not replaced by statute. The first legislation relating to the application of Islamic law was an 1882 Royal Decree establishing a Priest Court for Java and Madura, although the Decree acknowledged that most Indonesians were also subject to adat law administered by native courts. The Priest Court had jurisdiction over Muslim family and inheritance law where all parties were Muslim and awqaf, and had concurrent jurisdiction with the native courts of Java and Madura. The Priest Court was composed of a President selected from the native courts officers and three to eight qadis, all appointed by the Governor-General.

Subsequent legislation by Dutch authorities was also of a largely of regulatory and administrative nature. Independence was declared two days after Japanese occupying forces withdrew in 1945. Calls for the reform of marriage laws led to various proposals from members of government, womens groups and the National Institute for Law Reform from 1945 to 1973, but conflicting interests prevented any consensus being reached. The only statutory reform of Muslim personal status in that period was the enactment of the Muslim Marriage and Divorce Registration Law 1946 requiring registration.

Indonesian Business Legislation Online

2009-08-22T09:30:00.002+07:00

In an effort to overcome some of the problems with sourcing Indonesian legislation, there is a new Indonesian-English online subscription service available from Indobizlaw, based in Singapore. Indobizlaw Online (www.indobizlaw.com) has on its database key business legislation including critical ones such as the Company Law 1995, Banking Law (Consolidated) 1998, Antimonopoly Law 1999 and Oil & Natural Gas Law 2001.

Each legislation is available in its Indonesian text together with a high-quality English translation. Moreover, a piece of legislation is consolidated wherever possible to take into account legislative amendments. As the Indobizlaw Online database expands over time, this should facilitate research into Indonesian business legislation for the benefit of English-speaking business and academic researchers.

Researching Indonesian Law

2009-08-22T09:28:00.002+07:00

Those undertaking Indonesian law research face the major hurdle of sourcing relevant legal material. Indonesian legal information is not widely available through print or online media, although recent improvements in the latter are making significant progress to the benefit of researchers. The main print media are the Government Gazette and its sister publications. The problem is that these publications are often behind schedule. The Government Printing Office (Pusat Penerbitan PNRI) also publishes individual legislation on a case-by-case basis. Although these are useful and relatively inexpensive, they are not entirely error-free.

The other print media providing legal materials are books, journals and other publications. Most are in the Indonesian language and their standards of presentation and analysis vary. Many of these publications are available only in Indonesia or in specialist Indonesian collections in overseas libraries.

Online media promises to be a useful means to make Indonesian legal material more readily available to the public. Certain Indonesian government departments are beginning to make available on their websites key legislation in their respective fields of interest. For a listing of government departments with websites, see the section on Useful Links, below. The best free website currently available for law seems to be the site maintained by Hukumonline, a partially USAID-funded project operated by a local non-profit group based in Jakarta. Hukumonline provides most of the past and current legislation which can be viewed onsite. Operating since 2001, this website is updated regularly and contains useful legal information.

One major limitation of Indonesian legal materials from most print and online sources is that they are presented in a non-consolidated form. For example, a statute like the Banking Law 1992 is available as it was first enacted in 1992. Its major revision, the Banking Amendment Law 1998, is available as a separate statute. Most publishers do not make the effort of consolidating the amendments, with the result that researchers have to undertake their own “cut-and-paste” effort to create a consolidated legislation. Another obvious limitation with many Indonesian print and online sources is that they publish their material almost entirely in the Indonesian language. This creates a major stumbling-block for foreign researchers who are not familiar or fluent with the language.

Legal Professionals in Indonesia

2009-08-22T09:24:00.002+07:00

There are at least three distinct branches of legal professionals in Indonesia. They are the notaries, advocates and legal consultants. A notary (notaris) is a legally trained semi-public official appointed by the Department of Justice & Human Rights (Departemen Kehakiman dan Hak Asasi Manusia) to notarise deeds (akta). The semi-public nature of a notary’s office arises because he is a government appointee who, at the same time, conducts a private professional notary practice.

A notarised deed, also called an authentic deed (akta otentik) is a formal deed prepared by and executed before a notary. At law, some legal documents require notarised deeds. Notarisation verifies that the deed is properly executed by the parties and, at law, the deed is conclusive proof on the matters to which it refers. To establish a company, for example, requires the assistance of a notary since the deed of establishment (akta pendirian) must be executed in his presence.

Since a notary is a government appointee, he does not provide legal advice to parties appearing before him. The parties to a transaction should have obtained independent legal advice and agreed upon the matters contained in the deed prior to appearing before the notary. In this way, the notary acts as a neutral party who prepares, witnesses and authenticates documents, and subsequently archives the signed original in his office. At present there are about 140 notaries throughout Jakarta. Parties are free to engage any notary they desire to authenticate their documents. Many notarial fees are charged in accordance to a scale issued by the Department of Justice & Human Rights although the fees for some matters are negotiable.

Advocates (pengacara) are lawyers in private practice with formal legal training. They are the Indonesian equivalent of attorneys in the United States and barristers and solicitors in England. Many advocates focus on litigation although others also provide general legal advice. Due to the limited size of many of their practices, advocates in smaller firms may not have sufficient expertise to provide commercial law advice on international business transactions.

Legal consultants (konsultan hukum) began to emerge as a distinct group of legal professionals in the late 1960s and early 1970s, when foreign investors started to venture into Indonesia in significant numbers. Most of them are also advocates although they tend to refrain from accepting litigation cases. Many legal consultants have completed advanced legal training overseas and prefer to specialise in providing legal advice and documentation for corporate, commercial, banking and cross-border matters.

Indonesian Judicial System

2009-08-22T09:23:00.001+07:00

The Indonesian judicial system comprises several types of courts under the oversight of the Supreme Court (Mahkamah Agung). Following the civil law tradition of The Netherlands, Indonesian courts do not apply the principle of precedent which is so familiar among common law jurisdictions.

Most disputes appear before the courts of general jurisdiction, with the court of first instance being the State Court (Pengadilan Negeri). There are about 250 State Courts throughout Indonesia, each with its own territorial jurisdiction. Appeals from the State Court are heard before the High Court (Pengadilan Tinggi), of which there are around 20 throughout Indonesia. The High Court is a district court of appeal. Appeals from the High Court and, in some instances from the State Court, may be made to the Supreme Court located in Jakarta. The Supreme Court can hear a cassation appeal (kasasi) which is a final appeal from lower courts. It can also conduct a case review (peninjauan kembali) if, for example, new evidence is found which justifies a re-hearing.

In 1998, the Indonesian authorities established the Commercial Court (Pengadilan Niaga). Initially, the Commercial Court is tasked to handle bankruptcy and insolvency applications. Its jurisdiction can be extended to other commercial matters. Appeals from the Commercial Court proceed direct to the Supreme Court. There is also a State Administrative Court (Pengadilan Tata Usaha Negara) which hears administrative law cases filed against the government.

In the 2001 constitutional amendments, provision was made for the creation of the Constitutional Court (Mahkamah Konstitusi). Among other matters, the Constitutional Court has the jurisdiction to hear cases involving the constitutionality of particular legislation, results of a general election, as well as actions to dismiss a President from office.

Hierarchy of Legislation in Indonesia

2009-08-22T09:20:00.001+07:00

Modern Indonesian legislation come in a number of forms. The variety in categories and sources of legislation is a big hurdle for foreigners seeking to understand Indonesian law. In an effort to clarify the status of various types of legislation, in August 2000 the MPR issued the following official hierarchy of legislation:

• 1945 Constitution (Undang-Undang Dasar 1945)
• MPR Resolution (Ketetapan MPR)
• Law (Undang-undang)
• Government Regulation Substituting a Law (Peraturan Pemerintah Pengganti Undang-undang)
• Government Regulation (Peraturan Pemerintah)
• Presidential Decree (Keputusan Presiden)
• Regional Regulation (Peraturan Daerah)

In practice, there are other legislative instruments in current use. They include Presidential Instructions (Instruksi Presiden), Ministerial Decrees (Keputusan Menteri) and Circular Letters (Surat Edaran). Unfortunately, at times there are inconsistencies between specific legislative instruments.

Once promulgated, legislation is published in the State Gazette of the Republic of Indonesia (Lembaran Negara Republik Indonesia). Certain types of legislation such as Laws and Government Regulations are accompanied by an official explanatory memorandum called the Elucidation (Penjelasan). The Elucidation is published in the Supplement to the State Gazette (Tambahan Lembaran Negara) and is generally authoritative for purposes of interpretation. In addition to the State Gazette, there is a sister publication called the State Report (Berita Negara) which contains government and public notices.

Indonesia Constitutional Structure

2009-08-22T09:14:00.002+07:00

To understand modern Indonesia’s legal system, some background must be given regarding the Indonesian constitutional structure. Indonesia is a unitary republic established pursuant to the constitution declared at independence, commonly called the 1945 Constitution (Undang Undang Dasar 1945). During the 32-year period when Soeharto was in power, the 1945 Constitution was never amended.

After his resignation in May 1998, the 1945 Constitution was amended four times - in October 1999, August 2000, November 2001 and August 2002. Among other things, these amendments deal with far-reaching issues such as limitations on the powers and term of office of the President; decentralisation of authority from the central government to provincial and regional governments; and the creation of additional constitutional bodies such as the House of Regional Representatives (Dewan Perwakilan Daerah) and the Constitutional Court (Mahkamah Konstitusi). Proposals for future amendments, some of which deal with equally weighty matters, are currently being discussed.

The 1945 Constitution provides for a number of constitutional bodies. Two of the most important are the People’s Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR) and the House of People’s Representatives (Dewan Perwakilan Rakyat or DPR). The DPR is 500-strong and consists of elected and appointed representatives. Its main function is to make legislation and hold the President and his ministers accountable. The DPR meets during sessions scheduled throughout the year.

The MPR currently has almost 700 members comprising all the DPR members, appointed individuals representing the provinces, and other nominees. Constitutionally, the MPR is the supreme state body. Only the MPR has the power to amend the Constitution. It meets more infrequently, typically on an annual basis (constitutionally, it must meet at least once every five years). It issues policy statements in the form of resolutions (ketetapan) as well as the broad outline of state policy (Garis Besar Haluan Negara or GBHN). The country’s overall economic plan is included in the GBHN.

Whereas the MPR previously elected the President and Vice-President, recent constitutional amendments stipulate that the President and Vice-President are to be directly elected by the people. The first direct elections for the presidency and vice-presidency are expected to take place in 2004. Presidential powers have also been circumscribed to some extent by recent constitutional amendments. Also pursuant to these amendments, a person can only be elected as President or Vice-President for a maximum of two consecutive terms of 5 years each. Nevertheless, the Presidency is still a powerful position in that the President is the head of state and head of government as well as the supreme commander of the armed forces.

Introduction of Indonesia Legal System

2009-08-22T09:05:00.002+07:00

The Indonesian legal system is complex because it is a confluence of three distinct systems. Prior to the first appearance of Dutch traders and colonists in the late 16th century and early 17th century, indigenous kingdoms prevailed and applied a system of adat (customary) law. Dutch presence and subsequent colonisation during the next 350 years until the end of World War II left a legacy of Dutch colonial law. A number of such colonial legislation continue to apply today. Subsequently, after Indonesian declared independence on 17 August 1945, the Indonesian authorities began creating a national legal system based on Indonesian precepts of law and justice.

These three strands of adat law, Dutch colonial law and national law co-exist in modern Indonesia. For example, commercial law is grounded upon the Commercial Code 1847 (Kitab Undang-Undang Hukum Dagang or Wetboek van Koophandel), a relic of the colonial period. However, commercial law is also supplemented by a large number of new laws enacted since independence. They include the Banking Law 1992 (amended in 1998), Company Law 1995, Capital Market Law 1995, Antimonopoly Law 1999 and the Oil & Natural Gas Law 2001. Adat law is less conspicuous. However, some adat principles such as “consensus through decision making” (musyawarah untuk mufakat) appear in modern Indonesian legislation.

History of Criminal law in Indonesia

2009-08-22T08:31:00.004+07:00

To discuss on the history of criminal law can not be separated from the history of Indonesia. Indonesia has a very long history and always up to at this time. Several times during the period of occupation of foreign nations. This directly affects the development of law in this state, especially criminal law. Criminal law as part of public law has an important role in governance and state law. Rules of criminal law in order to manage the emergence of a dynamic cosmic circumstances. Creating a peaceful social order and in accordance with community desires.

Criminal law according to Van Hamel is "all the basics and rules of the state in a effort of legal order is to prohibit what is contrary to the law and impose a punishment to violate the regulation." Learn the history of the law will know how a law life in the community during a certain period and in certain areas. History of law important to have a stranglehold jurist beginners to recognize cultural and legal institution.

Continental European law is a legal order which is a mix between Germania law and the law of the Roman law come from of "germana Romana". Law not only changed in the space and location, but also in time tracking.

In general, the history of criminal law in Indonesia is divided into several periods namely:

1. The period of the Kingdoms in Indonesia Archipelago
In the kingdom of the Kingdom of the archipelago that many devices already have a rule of law. Rules are written in the king's decision or with the book of law made by the lawyers. Not denied that adagium parsnip societas IBI ius is right. Because wherever people live, as long as there are communities and groups so that there will be legal. Criminal law that applies differently to the ancients, modern criminal law. Law on the days of old have not been to uphold principles of codification. Law of birth through a process of interaction in the community without any intervention of the kingdom. Traditional criminal law developed very rapidly in the community.

Criminal law applicable at that time not yet know unifikasi. In each region valid rules of criminal law is different. Large range of Sriwijaya Kingdom and the Kingdom of Demak also apply criminal law rules. Regulations such as the Book of Law had the king, the law of Mataram, improbable victory, Kutara Manawa, and the adilullah apply in the community at that time. Traditional criminal law rules are also devices that are criminal and be obeyed by the people archipelago.

Criminal law in this period heavily influenced by religion and faith communities. Religion has role in the formation of criminal law at that time. Criminal hands, which is cut from the concept of absorption and the Islamic concept of crime which must be read more than three persons to be evidence that the teachings of islam religion influence the practice of traditional criminal law at that time.

2. The period of occupation
During the this very long period, reaching more than four centuries. Indonesia colonial experience since the first arrival times of the nation Portuguese, Spanish, and three half-centuries under Dutch control. Indonesia also had experience of government under the English kingdom and empire of Japan. Several times during the turnover of power on the holder of the archipelago also make major changes and significant.

Paradigm of western secular law and create a realistic concept of the rule of law that a written standard. At this time the development of rational thinking is developing very rapidly. Any regulations that are not custom written, and have not considered is replaced with the written rules. Recorded some of the rules made by the Dutch colonial government such as the Statute Batavia (Batavia van statute).

Apply two rules of criminal law for the European Criminal Code (weetboek voor de europeanen) applicable since 1867. Criminal Code also applies to non-European people who apply in 1873.

3. The period of the Criminal Code in 1915 - Now
For more than a hundred years since the Dutch Criminal Code is applied, the Criminal Code against the two different classes of citizens who applied to remain in the Dutch East Indies. The Criminal Code releases and applies to all groups since 1915. Criminal Code is a source of criminal law up to at this time. The establishment of the national Criminal Code is not a rule of law which is the masterpiece of the nation. For the Criminal Code applicable at this time is a derivative of Strafwetboek Nederland (Dutch Criminal Code).

Criminal Code applicable in the Netherlands itself is derived from the French penal code. Penal code to be inspired by the establishment of criminal laws in the Netherlands. This is because the Netherlands is based on the travel history of the empire of power in France.

Pressure the formation of the national Criminal Code immediately As a country who had occupation by foreign nations, the applicable law in Indonesia directly affected by the rules of law applicable in the imperialist countries. The Netherlands is the country with the continental legal system that down through the principle of concordance. Regulations that apply in the colony should be the same as the State law with the Netherlands. Criminal law (straffrecht) is a product of law inherited by the colonists.

In 1965 LPHN (institutions of national law) launch of a business establishment of a new Criminal Code. Criminal law of Indonesia must be done immediately. The nature of law is always behind the reality of the social basis of ideas became the basis of the Criminal Code. Criminal Code that is still valid to this day is a product that is applied in the colonial state to create a colony obedience. Indonesia now become a free country and freedom should be preparing a new criminal laws in accordance with the spirit of the nation.

Downwinder Attorney

2009-02-16T07:33:00.004+07:00

Technorati Profile
As regulated at RECA radiation exposure compensation act, an individual who contracted certain cancers and other serious diseases as a result of radiation exposure that suffers them as the impact of exposure to radiation released during above-ground nuclear weapons tests. The victim will get a compensation in they are contracted certain cancers and other serious diseases as a result of their or as a result of their exposure to radiation during employment in underground uranium mines.

The compensation is provided for compassionate payments by United States government and administered by the Department of Justice. This program has been implemented since 1990 and payment separated based on categories: Uranium Miners, Uranium Mill Workers, Ore Transporters, Downwinders and, Onsite Participants.

If you are eligible person to receive the benefit of the program and need aDownwinder Attorney to assist you, I think you should to know Laura Taylor. Laura Taylor is an accomplished attorney that provides service for individuals called downwinders. She is admitted as a downwinder attorney and has licensed to practice law in Arizona since April of 2000.

All useful information on downwinder and how to get Ms Laura Taylor professional law assistance to claim your right, is provided at this credible downwinder attorney website.Technorati Profile

Domestic Violence Attorney at North Texas Area

2009-02-07T16:46:00.001+07:00

The Law Offices of Richard C. McConathy has a credible and competent domestic violence assault attorney and you can read their profiles at the official website. Besides Richard C. McConathy, you can find professional information on Brian Bolton and Eric Gruetzner as well detailly. It shows us that this law firm is the best law firm for domestic violence categories in North Texas area.

With good education, high experiences and skill, the domestic violence lawyer serves for many legal arenas to defense their clients in broad range of criminal law cases such as assault, drug possession, family violence assault, unlawful carrying of a weapon, evading arrest, theft, aggravated assault, deadly conduct, felony drug possession and homicide. The ability in many legal arena has brings a message that the better law firm not operates with only one practice area.

How to find this law office? Simply visit their official website, or call the office locally 972-445-4300 or toll free 888-283-9394. Even, you will get a reply email within 24 hours if you contact them by email rcmcconathy@yahoo.com. Then, they will schedule your consultation.