Latest Articles

Today’s Legal Enlightenment(Friday, 08 September 2023)

THE LAWSUIT IS PREMATURE BECAUSE THE DEFENDANT HAS NOT DONE WHAT THE PLAINTIFF ACCUSES The Plaintiff has filed a lawsuit for actions that have not been carried out by the Defendant, so such a lawsuit is premature so the cassation request should be rejected. —> Supreme Court Decision No. 68...

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Today’s Legal Enlightenment(Thursday, 07 September 2023)

PAYABLE AND RECEIVABLE AGREEMENTS CONTAINING BEDING PROPERTY CLAUSES ARE PROHIBITED BY LAW Whereas based on Article 1178 of the Civil Code, the debt and receivable agreement between the Plaintiff and the Defendants which contains a clause that the Defendants will hand over a plot of land and its...

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Today’s Legal Enlightenment(Wednesday, 06 September 2023)

NOT FULFILLING YOUR PROMISE TO GET MARRIED IS AN AGAINST THE LAW BECAUSE IT VIOLATES THE NORMS OF DECENCY AND PROPRIETY IN SOCIETY The Supreme Court of Justice granted the appeal of the Cassation Petitioner/Plaintiff. In Supreme Court Decision No. 3277 K/Pdt/2000, judex factie is considered to...

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Today’s Legal Enlightenment (Tuesday, 05 September 2023)

INDIRECT EVIDENCE IN CONFORMITY WITH LOGIC AND COMMON SENSE HAS BEEN CONSIDERED SUFFICIENT TO SHOW THE EXISTENCE OF A TENDER CONTRACTION Tender conspiracy is an act carried out by tender participants or parties involved in tender activities secretly (tacit) so that in competition law indirect...

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Today’s Legal Enlightenment (Monday, 04 September 2023)

Monday, 04 September 2023 VIOLATIONS OF THE CONSUMER PROTECTION LAW OCCUR BECAUSE MANUFACTURERS OFFER UNTRUE PROMISES The facts revealed at the trial turned out to be that the business actor i.c. PT. Nissan Motor Indonesia was proven to have violated the provisions of Article 9 paragraph (1)...

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Today’s Legal Enlightenment (03 September 2023)

Be a professional lawyer. Take care, pertinent, be comprehensive and precise in your pleadings, and you will have more than enough - an abundance of trust and a good reputation. -- Fredrik J. Pinakunary Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 01 September 2023)

THE EMPLOYER (EMPLOYER) IS RESPONSIBLE FOR THE MISTAKES OF ITS EMPLOYEES The Supreme Court stated that the Cassation Petitioner/Defendant as an employer was responsible for the actions/carelessness of its employees which had caused a fire which caused losses to the Cassation Respondent/Plaintiff....

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Today’s Legal Enlightenment (Thursday, 31 August 2023)

A PERSON WHO VIOLATES CUSTOMARY LAW AND HAS BEEN SENTENCED TO CUSTOMARY SANCTIONS THEN THAT PERSON CANNOT BE PROPOSED AGAIN AS A DEFENDANT IN COURT WITH THE SAME CHARGES In the Supreme Court jurisprudence, it is found how the Supreme Court resolves cases involving the offense of adultery using a...

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Today’s Legal Enlightenment (Wednesday, 30 August 2023)

RETURN OF CONFIDENTIAL ITEMS TO THE CONVICTION In relation to confiscated goods which were not the result of a criminal act, the Supreme Court once ordered the Corruption Eradication Committee (KPK) to return the confiscated goods to the convict. The convict has sued the Corruption Eradication...

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Today’s Legal Enlightenment (Tuesday, 29 August 2023)

EXECUTION CONFIDENTIALS SHOULD BE DECLARED INVALID IF ACCORDING TO THE LAW THE DISPUTED LANDHOLDER IS CATEGORIZED AS A BETTER Through judicial review (PK), the Surakarta City Government c/q the Mayor of Surakarta finally succeeded in preventing the execution of 99,889 square meters of land in...

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Today’s Legal Enlightenment (Monday, 28 August 2023)

RETURN OF ALL STATE FINANCIAL LOSSES BEFORE THE CASE IS SUBMITTED TO THE COURT DOES NOT ELIMINATE ACTS OR ERRORS BUT IT CAN BE USED AS A REASON FOR CRIMINAL REDUCTION In this case, the convicts have returned all state losses amounting to Rp. 315,027,250.83 (three hundred fifteen million twenty...

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Today’s Legal Enlightenment (Saturday, 26 August 2023)

My fellow lawyers, be strong and immovable, and always work enthusiastically for the nobility of our profession, for you know that nothing you do for justice is ever useless. Rekan-Rekanku sesama Advokat, jadilah kuat dan tak tergoyahkan, dan selalu bekerja dengan antusias untuk kemuliaan profesi...

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Today’s Legal Enlightenment Friday (25 August 2023)

VALIDITY OF THE PROCESS OF COLLECTING AND EXAMINING EVIDENCE IN ENVIRONMENTAL POLLUTION CASES In applying the precautionary principle, judges are obliged to consider the situation and conditions that occur and decide whether scientific opinions are based on reliable evidence and methodology and...

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Today’s Legal Enlightenment (Thursday, 24 August 2023)

PROVIDING A PART OF INHERITANCE PROPERTY TO NON-MUSLIM HEIRS THROUGH A WASIYAT WAJIBAH RI Supreme Court Decision Number 51 K/AG/1999 which amends the Decision of the Yogyakarta Religious Court Number 83/1997/YK concerning the Granting of Shares of Inheritance to Non-Muslim Heirs Through Wajibah...

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Today’s Legal Enlightenment (Wednesday, 23 August 2023)

WIFE GETS A BIGGER SHARE OF JOINT PROPERTY THAN HUSBAND BECAUSE HUSBAND IS NOT RELIGIOUS AND NEVER PROVIDES WIFE RI Supreme Court Decision Number 266 K/AG/2010 where the wife gets a larger share of joint assets than the husband. The wife gets ¾ (three quarters) of the share and the husband gets ¼...

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Today’s Legal Enlightenment (Tuesday, 22 August 2023)

"CONSIDERATION OF THE SUPREME COURT RULING THAT GIVES CURRENT RIGHTS TO THE FATHER, NOT TO THE MOTHER" Supreme Court Decision No. 110 K/AG/2007 gives custody of the child to the father. The Cassation Panel is of the opinion that regarding child care, it is not merely seen from who has the most...

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Today’s Legal Enlightenment (Monday, 21 August 2023)

COURT RULINGS IN DERIVATIVE TRANSACTION CASES IN INDONESIA Several cases examined and decided by the court regarding derivative transactions gave the following decisions: Declaring derivative agreements null and void. South Jakarta District Court Decision No. 24/Pdt.G/2009/PN.Jkt.Sel between PT...

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Today’s Legal Enlightenment (Friday, 18 August 2023)

The Constitutional Court EXPANDS THE SCOPE OF PRE-TRIAL OBJECTS SO THAT THE COURT BECOMES AUTHORIZED TO ADDRESS REGARDING THE INVALIDITY OF A SUSPECT'S DETERMINATION Constitutional Court Decision Number 21/PUU-XII/2014 expanded the scope of the Pretrial Object, which initially only examined and...

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Today’s Legal Enlightenment (Wednesday, 16 August 2023)

ADVOCATES CANNOT BE PROSECUTED EITHER CIVILLY OR CRIMINALLY FOR CARRYING OUT THEIR PROFESSIONAL DUTIES IN GOOD FAITH FOR THE INTERESTS OF CLIENT DEFENSE INSIDE OR OUTSIDE THE COURT The Constitutional Court of the Republic of Indonesia (MK) has given its views in granting the petition in case...

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Today’s Legal Enlightenment (Tuesday, 15 August 2023)

BROADCASTING FALSE NEWS BY INTENTIONALLY PUBLISHING TROUBLE AMONG THE PEOPLE IS A CRIMINAL OFFENSE This case started when dr. Adiany Adil, stated that he does not believe in COVID-19. His statement then went viral on social media and was published in a Statement Letter on a piece of paper dated...

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Today’s Legal Enlightenment (Monday, 14 August 2023)

PURCHASING A VEHICLE WITHOUT A LICENSE IS SUSPECTED TO BE THE PROCEEDING OF A CRIME The Supreme Court has consistently held the opinion that if a motor vehicle is obtained without vehicle documents, then it is reasonable to suspect that the motor vehicle was obtained as a result of a criminal act....

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Today’s Legal Enlightenment (Friday, 11 August 2023)

MK: "THE PROSECUTOR'S AUTHORITY TO APPLY FOR REVIEW IS UNCONSTITUTIONAL" Additional prosecutor's authority to submit a Judicial Review (PK) as regulated in Article 30C letter h and Elucidation to Article 30C letter h of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004...

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Today’s Legal Enlightenment (Thursday, 10 August 2023)

PAYMENT FOR A PROJECT BEFORE THE PROJECT IS COMPLETED IS NOT A STATE LOSS AND DOES NOT CONSTITUTE ANY ELEMENT OF UNLAWFUL OR ABUSE OF AUTHORITY Regarding this issue, the Supreme Court has consistently held that full payment for work even though the work has not been completed 100% is not a loss to...

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Today’s Legal Enlightenment (Wednesday, 09 August 2023)

THE EVIDENCE SEIZED DOES NOT BELONG TO THE DEFENDANT - RATIO DECIDENDI STATUS OF EVIDENCE The panel of judges for judicial review confirmed the PK's reasons. The consideration is that in the decision of the Rengat District Court, the Panel of Judges did not provide considerations as a basis for...

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Today’s Legal Enlightenment (Tuesday, 08 August 2023)

REVIEW WAS APPROVED FOR NOVUM REASONS - PHENOMENAL CASES (SENGKON AND KARTA) The first successful PK application based on novum was the decision in the Sengkon and Karta cases. In this case, the public prosecutor accused Sengkon and Karta of killing Sulaiman and his wife, Siti Haya, in Jatiluhur...

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Today’s Legal Enlightenment (Monday, 07 August 2023)

SUPREME COURT FATWA ON INTERRELIGIOUS MARRIAGES "Marriages between different religions are not recognized by the state and cannot be registered. However, if the marriage is carried out based on the religion of one partner and the other partner submits himself or herself to the other partner's...

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Today’s Legal Enlightenment (Friday, 04 August 2023)

COURT DECISIONS MUST CONSIDER THE EVIDENCE OF BOTH PARTIES "The decisions of the Cassation and High Court which do not consider the evidence of both parties are insufficient and must be annulled"; Article 164 HIR: Valid evidence according to civil procedural law consists of: 1. Letter; 2....

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Today’s Legal Enlightenment (Thursday, 03 August 2023)

IF THE POLICY INSURER IS NOT ABLE TO PROVE THE CAUSE FOR REJECTION INCLUDING IN THE EXCEPTION OF THE INSURANCE AGREEMENT THEN THE INSURER MUST PAY FOR THE INSURED'S INSURANCE POLICY The Supreme Court stated that the Defendant (Insurer) had defaulted by refusing to pay the insurance claim which was...

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Today’s Legal Enlightenment (Wednesday, 02 August 2023)

THE BURNING OF THE CREDIT RECIPIENT'S STOCK OF MERCHANDISE DOES NOT ELIMINATE OR REDUCE THEIR OBLIGATIONS SPECIFIED IN THE CREDIT AGREEMENT The Supreme Court stated that the reason why the Cassation Respondent/Plaintiff did not pay off his debt (credit) due to forced circumstances (overmacht)...

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Today’s Legal Enlightenment (Tuesday, 01 August 2023)

THE DETERMINATION OF WHO IS THE OWNER OF THE EX RvE VERP LAND MUST BE TRIED FIRST IN THE GENERAL COURT, NOT DIRECTLY TO THE PTUN Bearing in mind that in this case the Plaintiff is concerned about the 'ownership dispute' of land ex RvE Verp No. 13886, then regarding who has the right to the...

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Today’s Legal Enlightenment (Monday, 31 July 2023)

THE INSURER IS MANDATORY TO PAY THE INSURED VALUE IF THE REQUIREMENTS FOR PAYING THE INSURED VALUE TO THE INSURED HAVE BEEN FULFILLED The Supreme Court stated that it is a legal principle that the insurance value in insurance law, if the conditions for paying the insurance value to the Insured...

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Today’s Legal Enlightenment (Friday, 28 July 2023)

AUTHORIZED DISTRICT COURT IS AUTHENTIC TO ADDRESS APPLICATION FOR THE CANCELLATION OF STATEMENT OF APPROVAL OF POLICY CLAIM PAYMENT OUTSIDE OF POLICY CONTRACT WHICH SETTLEMENT IS AGREED THROUGH ARBITRATION The Supreme Court is of the opinion that these objections are justifiable because Judex...

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Today’s Legal Enlightenment (Thursday, 27 July 2023)

THE INSURED IS MANDATORY TO NOTIFY THE ACTUAL CONDITION OF THE VESSEL TO BE INSURED AND IF ANYTHING IS HIDDEN THEN THE INSURANCE AGREEMENT IS VOID BY LAW The Supreme Court was of the opinion that the Plaintiffs had a legal obligation to disclose the true condition of the ship to be insured and...

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Today’s Legal Enlightenment (Wednesday, 26 July 2023)

THE DECISION THAT PROVIDE THE POWER OF EVIDENCE IN DE AUDITU'S TESTIMONIALS Decision of the Landraad Meester Cornelis, January 27, 1939 which was strengthened by the Decision of Raad Van Justitie, namely: "essentially agreed to GIVE EVIDENCE to TESTIMONIUM DE AUDITU", on the grounds: the...

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Today’s Legal Enlightenment (Tuesday, 25 July 2023)

CONSTITUTIONAL COURT RULING REGARDING THE MARRIAGE AGE LIMIT OF 19 YEARS IS ENFORCED The Constitutional Court (MK) canceled the application of the minimum age limit of 16 years for women to marry as stated in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage (Marriage Law). This...

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Today’s Legal Enlightenment (Monday, 24 July 2023)

BECAUSE SOME OF THE OBJECTS OF CASE PROPERTY HAVE BECOME THE PROPERTY OF THIRD PARTIES THEN THE LESS PARTY LAW "It turns out that some of the property objects in the case are not controlled by the Defendant, but have become the property of a third party. Thus, because the third party is not...

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Today’s Legal Enlightenment (Sunday, 23 July 2023)

Ultimate joy and satisfaction belong to those who do not rely on material possessions and human admiration but dedicate themselves to serving others because the greatest honor and authority is reserved for the one with the heart of a servant. Fredrik J Pinakunary Regards,Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 21 July 2023)

CRIMINAL INVESTIGATIONS DO NOT VIOLATE THE PRINCIPLES OF NE BIS IN IDEM EVEN THOUGH CIVIL PROCEEDINGS HAVE BEEN CARRIED OUT OF CASES WHICH HAVE SIMILAR OBJECTS, SUBJECTS, LOCUS, TEMPUS AND LEGAL EVENTS That the examination of a case in the realm of criminal law does not violate the legal principle...

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Today’s Legal Enlightenment (Thursday, 20 July 2023)

THE AUTHORIZED PARTY TO ASSIST IN THE EXECUTION OF THE OBJECT OF FIDUCIARY SECURITY IS THE STATE COURT Thus, the creditor cannot carry out forced executions himself, for example by asking for assistance from the police, if there is a default by the fiduciary right (debtor) against the creditor...

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Today’s Legal Enlightenment (Wednesday, 19 July 2023)

CRITERIA FOR SALE PURCHASE DEED WHICH IS CANCELED BY LAW The PPAT Sale and Purchase Deed does not have authentic force and is null and void if the land that is the object of the sale and purchase is not clearly stated in the deed, both the ownership parcel number and the cohir parcel of land and...

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Today’s Legal Enlightenment (Tuesday, 18 July 2023)

CLAIMS CANNOT BE ACCEPTED BECAUSE IT IS BASED ON LAWS THAT ARE NO LONGER APPLICABLE Judex Factie had misapplied the law because the charges were based on a statute that had been declared null and void, rendering his prosecution inadmissible. --> Supreme Court Decision No. 52 K/Pid/1997 dated 22...

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Today’s Legal Enlightenment (Monday, 17 July 2023)

Based on the general principle in civil law, in the event that there are two regulations that regulate the same matter and contain different provisions, then for the sake of legal certainty the most recent regulation shall apply, unless otherwise stipulated by law. --> Supreme Court Decision:...

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Today’s Legal Enlightenment (Friday, 14 July 2023)

NE BIS IN IDEM BECAUSE THE OBJECT OF THE LAWSUIT IS THE SAME AS THE CASE HAS BEEN DECIDED Even though the position of the subject is different, but the object is the same as the case that was decided earlier and has permanent legal force, the lawsuit is declared Nebis In Idem. --> Supreme Court...

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Today’s Legal Enlightenment (Thursday, 13 July 2023)

THE HIGH COURT HAS NOT AUTHORIZED TO TRY A DEFENDANT WHO HAS NOT FILED AN APPEAL Because only Defendant III has appealed, the High Court is not authorized to examine and decide this case as far as Defendant I, Defendant II, Defendant IV and Defendant VI are concerned. --> Supreme Court Decision...

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Today’s Legal Enlightenment (Wednesday, 12 July 2023)

NOT DISTURBING IS THE SAME AS ACKNOWLEDGING During the trial the Defendant did not dispute the “Family Genealogy Letter”, and even confirmed the contents of the letter. The answer does not deny and justify this, the same as the Defendant's confession, so that the appointment/determination of who...

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Today’s Legal Enlightenment (Tuesday, 11 July 2023)

GRANT PORTION LIMITATIONS Grants that exceed one-third (1/3) of the area of the disputed object being granted are against the rule of law. --> Supreme Court Decision No. 76 K/AG/1992 dated 23 October 1993 Source: RI Supreme Court Jurisprudence Book, Publisher: RI Supreme Court, 1995, page 245....

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Today’s Legal Enlightenment (Monday, 10 July 2023

THE DEED OF SALE & PURCHASE MUST PREVIOUS THE ISSUANCE OF LAND CERTIFICATE The land certificate issued earlier than the sale and purchase deed is not based on law and is declared null and void. Issuance of a Land Certificate without submitting an application from the owner is invalid. -->...

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Today’s Legal Enlightenment (Saturday, 8 July 2023)

Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals. ― Martin Luther King Best Regards,Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 7 July 2023)

CASSATION REGARDING THE DECISION OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION IS FINAL AND THERE IS NO REVIEW LEGAL REMEDIES The Supreme Court considers that based on Article 15 of Supreme Court Regulation Number 3 of 2019 concerning Procedures for Submitting Objections Against Decisions of...

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Today’s Legal Enlightenment (Thursday, 06 July 2023)

THE LAWSUIT FOR PREMATURE TERMINATION BECAUSE THE EFFORTS HAVE NOT BEEN MADE BIPARTITE OR TRIPATITE (MEDIATION OR CONCILIATION) THROUGH THE MANPOWER SERVICE The Supreme Court is of the opinion that the lawsuit for termination of employment filed by the Plaintiff in the a quo case is proven to be...

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Today’s Legal Enlightenment (Wednesday, 05 July 2023)

PLEASE FOR CASSATION CANNOT BE ACCEPTED IF THE DECISION THAT ACCEPTS THE DEFENDANT IS A PURE ADMISSION In the legendary corruption case with the defendant Raden Sonson Natalegawa, the Supreme Court (MA) has presented the rule of law that "if it turns out that the court decision acquitting the...

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Today’s Legal Enlightenment (Tuesday, 04 July 2023)

IMPLEMENTATION OF THE PRINCIPLE OF ONE WITNESS NOT A WITNESS IN COURT DECISIONS Considering that the testimony of only one witness, while the Defendant denied the crime he was accused of and the testimony of other witnesses did not provide any indication of the crime charged, it cannot be...

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Today’s Legal Enlightenment (Monday, 03 July 2023)

CRITERIA FOR FAMOUS BRAND & BRAND THAT HAVE THE EQUALITY IN THE ESSENTIAL To determine the criteria for a well-known brand, the Supreme Court ("MA") is guided by the Supreme Court Jurisprudence, namely that apart from being based on general knowledge of the public, the determination is also...

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Today’s Legal Enlightenment (Saturday, 01 July 2023)

The law contains the function of solving social problems and handling strong humanitarian problems. Legal education that is only busy teaching and dealing with legal regulations and procedures and does not root them to a humanitarian or moral basis will only hinder the implementation of...

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Today’s Legal Enlightenment (Friday, 30 June 2023)

No client has enough money to bribe my conscience or stop my speech against wrong, and the suppression of my conscience is because I its creator is myself, and no one else. I will never submerge human rights in the crimes, wrongs, or greed of other people's desires, even if those desires come to...

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Today’s Legal Enlightenment (Wednesday 28 June 2023)

WIFE'S PROPERTY CANNOT BE SEIZED AS COLLATERAL FOR HIS DECEIVED HUSBAND'S DEBT The responsibility of the heir to the debt of the heir is limited to the amount or value of the inheritance (according to KHI Article 175 paragraph 2). The assets left by the wife cannot be confiscated as collateral for...

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Today’s Legal Enlightenment (Tuesday, 27 June 2023)

REPETITION OF CRIMINAL ACTION CAN BE USED AS A BASIS FOR PUNISHMENTS In Supreme Court Decision 2307/K/Pid/2012, quoting Adami Chazawi’s opinion in his book titled Interpretation of Criminal Law, Basis for the Elimination of Aggravation and Mitigation, Crime of Complaints, Coordination &...

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Today’s Legal Enlightenment (Monday, 26 June 2023)

THE HIGH COURT MUST CONSIDER ALL EVIDENCE PROVIDED BY THE PARTIES The Panel of Judges at the Cassation Level justified the reasons for cassation because the Jakarta High Court had not given sufficient consideration and did not consider all the evidence submitted by the parties to the case as had...

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Today’s Legal Enlightenment (Saturday, 24 June 2023)

Replace your judgments with empathy, upgrade your complaining to gratitude, and trade in your fear for love. Be grateful for all that you have, accept all that you don't, and actively create all that you want. Source:The Miracle Morning - Hal Elrod Best regardsFredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 23 June 2023)

A WILL THAT IS DISCRIMINATORY AND DOES NOT HAVE A GENDER PERSPECTIVE IS AGAINST LAW AND JUSTICE On the basis of equal rights between men and women, women have the right to inherit from their parents or husband. Therefore, they have legal standing to file a claim to obtain and receive an...

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Today’s Legal Enlightenment (Thursday, 22 June 2023)

PRIVATE UNIVERSITY RECTOR'S DECREE MAY BE CLASSIFIED AS AN OBJECT OF STATE ADMINISTRATION LAWSUITS Private universities are "Civil Law Entities" that organize higher education, in which the rector is proposed and appointed by the Senate and the Foundation by obtaining approval from the Government...

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Today’s Legal Enlightenment (Wednesday, 21 June 2023)

THE TENANT IS NOT ENTITLED TO FILE AN OBJECTION AGAINST THE EXECUTION CONFISCATION The tenant is not entitled to file an objection against the execution confiscation. The party entitled to object is the owner or a person who claims to be the confiscated goods' owner.   *   Supreme...

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Today’s Legal Enlightenment (Tuesday, 20 June 2023)

POSITIONING THE ELDEST SON AS THE SOLE RECIPIENT OF THEIR PARENT’S INHERITANCE IS UNFAIR Positioning the eldest son as the sole beneficiary of their parent’s inheritance is unfair. Inheritance must be divided equally without distinguishing women or men, including in Chinese customary law. Supreme...

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Today’s Legal Enlightenment (Monday, 19 June 2023)

DECISION IS IMPERFECT BECAUSE EXCEPTIONS ARE NOT CONSIDERED If exceptions are not considered, the decision is declared imperfect (Onvoldoende Gemotiveerd);A power of attorney that does not state all the names of the defendants in full does not make the power of attorney invalid. --> Supreme...

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Today’s Legal Enlightenment (Saturday, 17 June 2023)

If a man is called to be a street carpenter, let him clean the street as Michael Angelo painted, Beethoven made music, or Shakespeare wrote poetry. Let him clear the way so that all the heavens and the earth will stop their work at once and say, “Here is a great cleaner of the way who does his...

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Today’s Legal Enlightenment (Friday, 16 June 2023)

A CHARGE THAT IS DECLARED “NANCED BY LAW” CAN BE REPOSTED ONE TIME Decision of the Constitutional Court (“MK”) Number 28/PUU-XX/2022 states that the phrase “null and void” in the provisions of the norms of Article 143 paragraph (3) of Law Number 8 of 1981 concerning Criminal Procedure Code is...

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Today’s Legal Enlightenment (Thursday, 15 June 2023)

RECORDING EVIDENCE IN THE FORM OF A CD FALLS UNDER THE CATEGORY OF INFERENCE EVIDENCE Sound recording evidence in the form of a compact disk (CD) in thea quo case is included in the group of inference evidence because an inference is an indirect means of evidence, namely in the form of conclusions...

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Today’s Legal Enlightenment (Wednesday, 14 June 2023)

PLAINTIFF/EMPLOYEE SHOULD SUE THE LIMITED COMPANY AS A LEGAL ENTITY REPRESENTED BY THE BOARD OF DIRECTORS The plaintiff (Cassation Petitioner) only sued the Head of the Genteng Branch of PT WOM Finance and did not sue PT WOM Finance as a legal entitywhich is represented by the directors following...

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Today’s Legal Enlightenment (Tuesday, 13 June 2023)

DEFAULT DUE TO ONE PARTY NOT PAYING INSTALLMENTS IS UNDER THE SCOPE OF CIVIL LAW, NOT CONSUMER DISPUTE The problem of default due to one party not making the installment payment is a legal relationship that falls within the scope of civil law, theresolution of which is the authority of the General...

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Today’s Legal Enlightenment (Monday, 12 June 2023)

EMERGENCY DEFENSE (NOODWEER) WAIVES ANY CHARGE A person is released from all charges if a criminal act is committed because of an emergency defense either for oneself or another person or forthe defense of honor, decency, or one's own or other people's property.  Supreme Court Decision Number 57...

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Today’s Legal Enlightenment (Friday, 09 June 2023)

The Constitutional Court Decides Former Convicts Can Become DPD Candidates Members 5 Years After Released The Constitutional Court ("MK") considers that the provisions of the norms of Article 182 letter g of Law 7/2017 have issues of constitutional norms and are not in harmony with the spirit...

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Today’s Legal Enlightenment (Thursday, 08 June 2023)

REJECTED: DEFAMATION CIVIL LAWSUIT ON THE BASIS OF A CRIMINAL CASE DECISION THAT THE PLAINTIFF WAS DECLARED NOT GUILTY Whereas the existence of a criminal case judge's decision which has a permanent legal force that states that a person is declared not guilty of committinga crime and is declared...

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Today’s Legal Enlightenment (Wednesday, 07 June 2023)

BORROWING OTHER PEOPLE'S NAMES AS A BUYER RESULTS IN ILLEGAL SALE AND PURCHASE The sale and purchase of the land/house was illegal because, from the testimony of the seller's attorney, it turns out that the original defendantswere not the actual buyers but only borrowed their names. Meanwhile, the...

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Today’s Legal Enlightenment (Tuesday, 06 June 2023)

THE CONSTITUTIONAL COURT REMOVES THE AUTHORITY OF PROSECUTORS TO FILE A JUDICIAL REVIEW  Constitutional Court ("MK") Decision Number 20/PUU-XXI/2023 states that Article 30C letter h and the Explanation of Article 30C letter h ofLaw 11/2021 concerning Amendments to Law 16/2004 concerning the...

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Today’s Legal Enlightenment (Monday, 05 June 2023)

THE IMPOSITION OF CONDITIONAL SANCTION (PROBATIONARY PUNISHMENT) MAY BE GIVEN AN ADDITIONAL CONDITION IN THE FORM OF RETURNING LOSSES TO THE VICTIMS The defendant's act of embezzling the victim's money has caused an upheaval in the balance of harmony in society. Therefore it must be recovered by...

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Today’s Legal Enlightenment (Friday, 02 June 2023)

RELATIVE COMPETENCE IS NOT BASED ON THE PLACE/LOCATION OF THE DISPUTED EVENT The consideration of the Bandung District Court, which said that it was relatively authorized to try the case because the event that became the basisfor the lawsuit occurred in the jurisdiction of the Bandung District...

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Today’s Legal Enlightenment (Thursday, 01 June 2023)

THE CONSTITUTIONAL COURT CHANGED THE AGE CRITERIA OF CHILDREN FROM 16 YEARS TO 18 YEARS The Constitutional Court considers that the provisions of Article 7 paragraph (1) of the Marriage Law No.1/1974 contradict the 1945 Law and the ChildProtection Law, which state that children are those under 18...

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Today’s Legal Enlightenment (Tuesday, 30 May 2023)

AN INDICATION PROOF IS SUFFICIENT TO PROVE THE OCCURRENCE OF AN INTERCOURSE  To prove that there was intercourse, it is impossible to rely on eyewitnesses alone. Therefore, the existence of an indication proof is sufficientto establish the judge's conviction that this fact will be proven....

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Today’s Legal Enlightenment (Monday, 29 May 2023)

THE CONSTITUTIONAL COURT TRANSFERS THE AUTHORITY TO DEVELOP AND ORGANIZE TAX COURT FROM THE MINISTRY OF FINANCE TO THE SUPREME COURT The Constitutional Court ("MK") in Decision Number 26/PUU-XXI/2023 ruled that as long as the phrase "Department of Finance" in Article 5 Paragraph2 of Law 14/2022...

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Today’s Legal Enlightenment (Friday, 26 May 2023)

CONSTITUTIONAL COURT EXTENDS KPK LEADERSHIP TO 5 (FIVE) YEARS Based on Constitutional Court ("MK") Decision No. 112/PUU-XX/2022, the term of office for leaders and members of the Corruption EradicationCommission ("KPK") is five years. The Panel of Judges of the MK considered that in accordance...

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Today’s Legal Enlightenment (Thursday, 25 May 2023)

THE EXISTENCE OF NEBIS IN IDEM IS NOT ONLY DETERMINED BY THE PARTIES Whether or not the principle of nebis in idem exists is not solely determined by the parties, but mainly that the object of the dispute has been given a certain status by an earlier District Court Decision, a definiteforce, and...

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Today’s Legal Enlightenment (Wednesday, 24 May 2023)

ELEMENTS OF ARTICLE 480 OF THE CRIMINAL CODE (KUHP) CAN NOT BE PROVEN IF THE DEFENDANT DOES NOT KNOW OR SUSPECT THE GOODS ARE FROM A CRIME If the defendant does not know or suspect that the goods originate from a crime, then one of the elements of Article 480 of the Criminal Code cannotbe proven....

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Today’s Legal Enlightenment (Tuesday, 23 May 2023)

PAYMENT MADE BEFORE A PROJECT IS COMPLETED IS NOT A STATE LOSS  Payment of a project before the project is completed is not a loss to the state and does not meet the element of an unlawful act or abusing authority if the followingconditions are met:1) There is a compelling condition that the...

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Today’s Legal Enlightenment (Monday, 22 May 2023)

THE MAIN REQUIREMENT FOR FILING DERDEN VERZET IS THE PROPRIETARY RIGHTS OF THE OPPOSING PARTY HAVE BEEN VIOLATED BY THE DECISION Reasons used as the basis for a third party's resistance can be submitted even if the reason is single, namely if the third party's interests are harmed in acase or...

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Today’s Legal Enlightenment (Sunday, 21 May 2023)

“This way of judging is not just using reason (logic) as opposed to truth or compassion.” The judgment method is not only rational but also loaded with compassion or compassion. This is the entrance to morality: empathy, honesty, commitment and courage. Thus, we’ll talk about “the courts’ wisdom”,...

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Today’s Legal Enlightenment (Friday, 19 May 2023)

INDUSTRIAL DESIGN CATEGORIES REGARDED AS NEW The Supreme Court has annulled the decision of the Commercial Court at the Central Jakarta District Court on the grounds that the design of the defendant'sproduct packaging is not new. The cassation panel opines that all elements of the plaintiff's...

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Today’s Legal Enlightenment (Wednesday, 17 May 2023)

CAN INHERITANCE THAT HAS NOT BEEN DISTRIBUTED TO HEIRS BE GIVEN AS A GRANT? Supreme Court Decision No: 332 K/AG/2000, dated 3 August 2005, adheres to the stance that the person who grants must be the owner of the goods. Therule of law in this decision: "If a grant is made to another party against...

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Today’s Legal Enlightenment (Tuesday, 16 May 2023)

CONTRACTS BETWEEN INDONESIAN COMPANIES AND FOREIGN COMPANIES ARE NULL AND VOID WHEN IT IS NOT ACCOMPANIED BY THE INDONESIAN LANGUAGE VERSION Civil agreements between Indonesian companies and foreign companies made and signed without an Indonesian language version are null and void becausethey...

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Today’s Legal Enlightenment (Monday, 15 May 2023)

A BRANCH BANK IS AN EXTENSION OF THE HEAD OFFICE, SO IT HAS LEGAL STANDING TO SUIT OR BE SUGGESTED Whereas the High Court was wrong in its judgment by stating that Bank Duta Lhokseumawe Branch was only a branch of the Central Duta Bank and thus did not havethe legitimacy of personal standi in...

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Today’s Legal Enlightenment (Friday, 12 May 2022)

A QUARREL IS NOT AN IRREPARABLE DISPUTE  A quarrel between the Plaintiff (husband) and the Defendant (wife), which was caused by the fact that the Plaintiff was in a relationship with anotherwoman (Betty) as his mistress who had been living together with him, cannot be used as a reason for...

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Today’s Legal Enlightenment (Thursday, 11 May 2023)

INTENTION: THE MAIN ELEMENT OF EMBEZZLEMENT "Negligent not to firstly investigate " the list to be signed in this case does not constitute intention, while “intention” is the main element of the crime of embezzlement.  Supreme Court Decision No. 58 K/Kr/1974, dated 4 February...

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Today’s Legal Enlightenment (Wednesday, 10 May 2023)

IF A WIFE DOES NUSYUZ (RUN AWAY FROM HER HUSBAND), SHE DOES NOT LOSE HER RIGHTS TO OBTAIN THE SHARED ASSET EARNED DURING THE MARRIAGE According to customary law, even if a wife is nusyuz (denying or running away from her husband), her right to get her share of the shared asset shereceived during...

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Today’s Legal Enlightenment (Tuesday, 09 May 2023)

The receipt of money from a citizen of a state to employ a state citizen cannot be regarded as an act of corruption, but rather as a act of fraud in order to enable someone to become a taxpayer. The accused was named Herman bin H. Ilyas who works and has the status of Civil State Officer (PNS)...

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Today’s Legal Enlightenment (Monday, 08 May 2023)

GRACE PERIOD FOR FILING AN APPLICATION FOR CASSATION ON A DECISION CONCERNING A BRAND The legal definition of "DAY" stated in the provisions of the grace period for filing an "application" for cassation and submission of a "Memorandum of Cassation" regulatedin Law No. 15 of 2001, ex Article 83...

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Today’s Legal Enlightenment (Friday, 05 May 2023)

DEMURRER OF COURT COMPETENCY AS A REASON FOR CASSATION The Applicant for Appeal to the Supreme Court (cassation) submitted the Relative Competency Demurrer of the District Court as a "Cassation Objection"because it had been violated by Judex facti. This objection cannot be accepted by the...

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Today’s Legal Enlightenment (Thursday, 04 May 2023)

THE ARBITRATION AWARD OF THE SUPREME COURT IS FINAL AND BINDING AND CAN NOT BE REVIEWED Considering that Supreme Court Decision Number 26 K/Pdt.Sus/2013, which is being requested for judicial review in thea quo case, is an appeal decision on the cancellation of the arbitration award, namely...

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Today’s Legal Enlightenment (Wednesday, 03 May 2023)

SETTLEMENT DEEDS THAT CAN NOT BE EXECUTED Settlement deeds that do not clearly state the obligation of the parties (for instance, it states that a debt of $500,000 will be paid further, theway to settle it is to obtain a way of a settlement that is appropriate and satisfactory to both...

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Today’s Legal Enlightenment (Tuesday 02 May 2023)

THEY DO NOT HAVE STANDING TO CHALLENGE A STATE ADMINISTRATIVE DECREE BECAUSE THEY HAVE NOT PAID THE PURCHASE A Limited Liability Company (PT) that acts as a buyer for another PT does not have the quality or standing to challenge a State Administrative Decreeconcerning the PT that it will buy as...

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Today’s Legal Enlightenment (Monday, 01 May 2023)

“THIRD PARTY OBJECTIONS TO CONSERVATOIR BESLAG” Land belonging to a third party that is not included as one of the Defendant's parties in a lawsuit cannot be placed as collateral (conservatoirbeslag) in the lawsuit. The third party is justified in filing a counterclaim. A Trading Company and its...

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Today’s Legal Enlightenment Sunday (30 April 2023)

The law of employment and the employee's will form the freedom of work. The laws of reason form the freedom of thought. By clearly increasing intelligence and increasing pure freedom of thought Buya Hamka Best regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Saturday, 29 April 2023)

“Justice is to weigh the equal weight, to blame the wrong and to justify the right, to restore the right that belongs to it and not to act unjustly on it. The courage to assert justice, even with regard to oneself, is the summit of all courage.” Buya Hamka Best regards, Fredrik J....

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Today’s Legal Enlightenment (Friday, 28 April 2023)

PAYING SOMETHING WITH A CHECK THAT DOES NOT EXIST OR HAS INSUFFICIENT FUNDS CAN BE QUALIFIED AS FRAUD In practice, checks are used to pay for something or fulfill an agreement. However, in several cases, the check that was used could not be disbursedbecause there were not enough funds. In such a...

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Today’s Legal Enlightenment (Thursday, 27 April 2023)

CLAIMS REGARDING THE RETURN OF INHERITANCE FROM THE HANDS OF THIRD PARTIES TO THE ELIGIBLE HEIRS ARE NOT REQUIRED TO BE FILED BY ALL THE HEIRS Concerning this problem, in the case of Marulak Simanjuntak vs. Johannes Simanjuntak in 1959, the Supreme Court in Decision No. 244 K/Sip/1959 dated5...

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Today’s Legal Enlightenment (Wednesday, 26 April 2023)

CORRECTION OF WRONG STATE ADMINISTRATIVE DECISIONS BY STATE ADMINISTRATION OFFICIALS AS A RESULT OF MISTAKES MADE BY SUCH OFFICIALS, SHOULD NOT HARM THE INTERESTS OF OTHER PARTIES THAT OBTAIN DECISIONS IN A LEGAL AND GOOD FAITH MEANS The Supreme Court (MA) is of the opinion that a party who...

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Today’s Legal Enlightenment (Tuesday, 25 April 2023)

“THE POLRI CONDUCTED UNAUTHORIZED APPLICATION FOR ASSISTANCE OF THE FBI WHICH IS IN AN EXTENSION IN NATURE, SO IT SHOULD BE DETACHED AND NOT BUILD A NEW CASE TO CONDUCT CONTROL OF SUCH REQUEST." EQUANIMITY LTD Vs Indonesian Police Criminal Investigation Agency Directorate of Economic and Special...

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Today’s Legal Enlightenment (Monday, 24 April 2023)

IF A PERSON BUYS A MOTOR VEHICLE WITHOUT LEGAL VEHICLE DOCUMENTS, SUCH PERSON SHOULD DESERVE TO SUSPECT THE VEHICLE IS FROM A CRIME Article 480-1 of the Criminal Code states that committing certain acts, which include selling and buying, of goods that are known or reasonably suspected to originate...

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Today’s Legal Enlightenment (Friday, 21 April 2023)

ELEMENT OF INTENTIONALLY LOSING LIVES  The element of intentionally killing lives is fulfilled when the perpetrator attacks the victim with a tool, such as a sharp weapon and firearm, in parts of the body where there are vital organs, such as the chest, stomach and head. The Supreme Court was of...

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Today’s Legal Enlightenment (Thursday, 20 April 2023)

NOT FRAUD BUT TORT The defendant was proven to have borrowed money from the victim-witness in the amount of Rp. 4,750,000.00 (four million seven hundred and fifty thousand rupiah), but the defendant did not return the debt to the victim-witness according to the time agreed, even though it had been...

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Today’s Legal Enlightenment (Wednesday, 19 April 2023)

“IF THE STATUS IS STILL A WITNESS AND THERE IS NO SUBMISSION OF DOCUMENTS OF AN INVESTIGATION TO BE STARTED, IT IS CONTRAST WITH THE LAW AND THE SEARCH, SEAL AND CONFISCATION CANNOT BE PERFORMED” The Petitioner objected to the existence of 2 investigation warrants for him without prior notice and...

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Today’s Legal Enlightenment (Tuesday, 18 April 2023)

"RAISING FUNDS FROM THE PUBLIC IN THE FORM OF DEPOSITS WITHOUT A BUSINESS LICENSE FROM BANK INDONESIA LEADERS AND THE TRANSFER OF FUNDS TO OTHERCOMPANIES AND PERSONAL ACCOUNTS CONSTITUTE FRAUD AND CRIMINAL ACTIONS" Case resume: The Defendant, as the administrator of the CKGP Cooperative, has...

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Today’s Legal Enlightenment (Monday, 17 April 2023)

"BREACH OF CONTRACT RELATED TO THE SALE OF LAND AND SHOPHOUSES WHERE HOMOLOGATION HAS BEEN HELD IS A MATTER OF CIVIL LAW AND IS NOT A CRIMINALACT" Case resume:The defendant was prosecuted because they were deemed to have violated the provisions of Article 62 paragraph (2) Jo. Article 16 letters a,...

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Today’s Legal Enlightenment (Friday, 14 April 2023)

"A MARRIAGE AGREEMENT CAN BE MADE BEFORE, AFTER, OR DURING THE MARRIAGE" Amendments to the Provisions Post Constitutional Court Decision No.69/PUU-XIII/2015:  Previously, a marriage agreement could only be made before or at the time of marriage. Now, they can also be made during the marriage.A...

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Today’s Legal Enlightenment (Thursday, 13 April 2023)

"THE HEIRS CAN REFUSE THE INHERITANCE, BOTH INHERITANCE IN THE FORM OF ASSETS OR DEBTS FROM THE TESTATOR" The Applicant refused to become the heir of the late Johan Wicaksono because the Applicant did not want to bear the debt for the certificate guaranteed to thebank. Based on Article 1045 of the...

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Today’s Legal Enlightenment (Wednesday, 12 April 2023)

THE BOARD OF DIRECTORS DID NOT MAKE AN ANNUAL REPORT AND DID NOT HOLD AN ANNUAL GMS The Applicant, as a shareholder of PT HSA, objected to the actions of the Respondent as a director who did not make an annual report and did nothold a GMS every year, which made the Applicant ask for a stipulation...

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Today’s Legal Enlightenment (Tuesday, 11 April 2023)

DISPUTES BETWEEN COMPANY ORGANS The plaintiff, as the shareholder of PT NIC, objected to the actions of the Defendant as the Director and Commissioner who had made foreign currency transactions(sales of foreign currency) outside the company's activities to Defendant III without the approval of the...

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Today’s Legal Enlightenment (Monday, 10 April 2023)

EXCESS PAYMENTS BY LIMITED LIABILITY COMPANIES ARE NOT CONSIDERED CORRUPTION BUT REGULATED UNDER THE COMPANY LAW AND ARE ACCOUNTABLE AT GMS The Defendant/Respondent of Cassation (Technical Director of PT Pupuk Kaltim Timur Tbk) was charged for causing losses to state finances becausethere was an...

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Today’s Legal Enlightenment (Friday, 07 April 2023)

The Supreme Court has rejected any decision of a judge that initiated a dispute that had a conflict of interest. The Supreme Court has the authority to annul previous rulings in which the judge leading the hearing had a direct or indirect conflict of interest. In fact, the decision that was the...

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Today’s Legal Enlightenment (Thursday, 06 April 2023)

THE OVERLAPPING OF MINING AUTHORITIES – STATE ADMINISTRATIVE OFFICIALS PROVEN TO VIOLATE GENERAL PRINCIPLES OF GOOD GOVERNMENT Although based on Government Regulation no. 75 of 2001, the defendant as a State Administrative Official has the authority to issue mining authorizationdecisions in his...

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Today’s Legal Enlightenment (Wednesday, 05 April 2023)

THE TRANSFER OF PROPERTY RIGHTS FROM A BEQUEST In the case of a bequest, if the testator is still alive, the beneficiary is not yet the owner of the object in question, so they are not entitledto sell it.  Supreme Court Decision No. 1005 K/Sip/1979. Source: Hukumonline.com Best...

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Today’s Legal Enlightenment (Tuesday, 04 April 2023)

CLAIM AGAINST THE MANAGEMENT OF A COOPERATIVE  Cooperatives are not "State Administrative Bodies," therefore the Chairperson and Secretary of the Cooperative are also not State Administrative Officials asreferred to in Law no. 5 of 1986 concerning "State Administrative Judiciary," and there...

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Today’s Legal Enlightenment (Monday, 03 April 2023)

CLAIM AGAINST DEMOLITION WITHOUT WARNING LETTER Because the demolition was carried out without a warrant/warning letter in advance, it is a factual act, and it is not the authority of the StateAdministrative Court to examine and resolve it but must be sued for conducting an unlawful act by the...

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Today’s Legal Enlightenment (Sunday, 02 April 2023)

" I pay very little attention to legal rules, statutes, constitutional provisions." Judge Posner said. "A case is just a dispute. The first thing you do is ask yourself forget - about the law - what is a sensible resolution of this dispute?" Judge Richard Posner, U.S. Court of Appeal Best...

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Today’s Legal Enlightenment (Friday, 31 March 2023)

INTEREST IN SALE AND PURCHASE  The Plaintiff's claim regarding 3% interest a month due to late payment must be rejected because there is no issue of interest in the case of sale and purchase. In accordance with Article 1767 of the Civil Code in conjunction with the 1948 State Gazette No. 22,...

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Today’s Legal Enlightenment (Thursday, 30 March 2023)

Withdrawal of other parts as a problem in the cancellation of certificates A lawsuit that in its petition demands "cancellation and withdrawal of land certificates" issued by the Land Registration Office, then the Government of Rhode Island cq. The head of the Land Registration Office must be...

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Today’s Legal Enlightenment (Wednesday, 29 March 2023)

VIOLATION OF THE LAW OF EVIDENCE The judex facti's decision was canceled by the Supreme Court in the cassation examination because the judex facti was wrong in applying the evidentiary law, namely:the Judex facti only considered the letters of evidence submitted by the Defendant. Such process of...

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Today’s Legal Enlightenment (Tuesday, 28 March 2023)

ALL RISK INSURANCE Insurance that is covered with an all risk clause means that the insurer must bear all risks with the limitation of liability specified in Article 249 of theTrade Code, where the insurer is only responsible for damage caused by hazards that come from outside and not due to...

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Today’s Legal Enlightenment (Monday, 27 March 2023)

STATE ELECTRICITY ENTERPRISE (PLN)BILLS ARE THE OBJECT OF THE STATE ADMINISTRATIVE COURT The lawsuit filed by the customer against the PLN bills falls under the absolute authority of the State Administrative Court because the object ofthe claim is in the form of a "PLN billing statement," which is...

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Today’s Legal Enlightenment (Sunday, 26 March 2023)

"Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay, to respond to needs outside themselves, to help repair tears in their communities" — U.S....

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Today’s Legal Enlightenment (Saturday, 25 March 2023)

"Pro bono publico - 'For the public good' not just in the sense of professional work undertaken voluntarily and without payment, but in the sense of a public service to those who are unable to afford the services of skilled professionals. It is a noble and necessary calling for all attorneys." —...

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Today’s Legal Enlightenment (Friday, 24 March 2023)

GRANTS MUST FOLLOW THE PROVISIONS OF ARTICLE 1320 BW CIVIL A grant is a part of contract law and is classified as an agreement to give or hand over something in their lifetime, as stipulated in Article 1314paragraph (1), Article 1666 to Article 1693 BW. Because it is classified as an agreement, it...

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Today’s Legal Enlightenment (Thursday, March 23, 2023)

TRANSFER OF LAND RIGHTS VOID BY LAW IF THE DEED OF SALE-PURCHASE IS LEGALLY DEFECTED DUE TO FAKE SIGNATURE Whereas the transfer of land rights is null and void if the deed of sale and purchase of land is declared legally invalid due to forgery of signatures. However, regarding the forgery, it must...

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Today’s Legal Enlightenment (Wednesday, 22 March 2023)

TERMS OF AUCTION CANCELLATION Whereas the main issue in this case is whether the auction can be canceled for the following reasons:1. the auction price is much lower than the mortgage value;2. the auction price is much lower than the value of the collateral object;3. the auction winner is an...

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Today’s Legal Enlightenment (Tuesday, 21 March 2023)

THE ACTION OF A LESSOR OF LEASING AN OBJECT TO A THIRD PARTY DOES NOT FULFILL THE REQUIREMENTS OF A CONTRACT The existence of bad faith on the part of the lessor is not the authorized party over the land because the ownership process through grants doesnot meet the objective requirements, making...

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Today’s Legal Enlightenment (Monday, 20 March 2023)

THE LAWSUIT IS OBSCURE BECAUSE IT CONTAINS BOTH BREACH OF CONTRACT AND UNLAWFUL ACT The lawsuit is inadmissible on the grounds that the argument for the lawsuit uses both breach of contract and unlawful act provisions, resulting in the suit being flawed or "obscuur libel."→ Supreme Court Decision...

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Today’s Legal Enlightenment (Friday, 17 March 2023)

DETERMINATION OF THE STATUS OF EVIDENCE Determination of the Status of Evidence of Firearms and Ammunition  To determine the status of firearms or ammunition evidence, the panel of judges may hear testimony from weapons and ammunition experts from the local TNI Equipment Service. If the...

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Today’s Legal Enlightenment (Thursday, 16 March 2023)

EMPTY OF EXECUTION OF COLLATERAL OBJECT Regarding the auction of mortgage rights by the creditor himself through the auction office, if the auctioneer does not want to empty the auction object, the execution will be vacated. can be directly submitted to the head of the District Court without going...

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Today’s Legal Enlightenment (Wednesday, 15 March 2023)

THE NAME OF JUVENILE PERPETRATORS That the name of juvenile perpetrators is not "defendant" but "children.” Children who are victims of crime are not called witness victims but "childvictims," and children who are witnesses are called "child witnesses" in accordance with Article 1 point 3 in...

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Today’s Legal Enlightenment (Tuesday, 14 March 2023)

THE BENEFICIARY IS NOT ENTITLED TO SELL AN INHERITED GOOD AS LONG AS THE TESTATOR IS ALIVE In the case of a bequest grant, as long as the testator is still alive, the beneficiary is not yet the owner of the object in question, so they are not yet entitledto sell it.  Supreme Court Decision No....

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Today’s Legal Enlightenment (Thursday, 13 March 2023)

IN THE EVENT TWO REGULATIONS GOVERN THE SAME THING, THE LATEST REGULATION WILL APPLY Based on the general principle in civil law, if two regulations regulate the same matter and contain different provisions, then for the sake of legal certainty,the most recent regulation shall apply unless...

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Today’s Legal Enlightenment (Thursday, 12 March 2023)

Danah Zohar & Ian Marshall "Humans need Spiritual Quotient (SQ) because in western society the meaning of life has occurred in the modern world (the crisis of meaning). SQ is a tool for humans to be able to build new perspectives in life, to be able to find broad horizons in a narrow world and...

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Today’s Legal Enlightenment (Thursday, 10 March 2023)

THE HIGH COURT IS NOT AUTHORIZED TO EXAMINE AND DECIDE CASES OF THE PARTIES THAT DO NOT APPEAL Because only Defendant III has appealed, the High Court has no authority to examine and decide this case as far as Defendants I, II, IV and VI areconcerned. Supreme Court Decision No. 51 K/Pid/1982,...

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Today’s Legal Enlightenment (Thursday, 09 March 2023)

LAWSUIT OBSCUUR LIBEL IF THE IDENTITY OF THE OBJECT OF THE CASES LISTED AND THE RESULTS OF THE EXAMINATION OF THE HOUSE IN DIFFERENT PLACES AND THERE IS NO CHANGE IN THE LAW The plaintiff's lawsuit obscuur libel is because the identity of the object of the case listed in the lawsuit and...

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Today’s Legal Enlightenment (Wednesday, 08 March 2023)

DEMOLITION WITHOUT PRIOR NOTIFICATION MUST BE SUED FOR CONDUCTING AN UNLAWFUL ACT BY THE AUTHORITIES (ONRECHTMATIGE OVERHEIDSDAAD) IN GENERALCOURT Whereas because the demolition was carried out without a warrant/notification in advance, the demolition is a factual act and is not the authorityof...

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Today’s Legal Enlightenment (Tuesday, 07 March 2023)

THE OBLIGATION OF HAVING HUSBAND AND WIFE CONSENT IN THE SALE AND PURCHASE OF LAND ASSETS The wife and husband must approve the sale and purchase of joint property land. Joint property in the form of land the husband sells without thewife’s consent is illegal and null and void. Land...

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Today’s Legal Enlightenment (Monday, 06 March 2023)

EVERY PAYMENT OF INSURANCE MONEY MUST SEE THE POLICY AND TRANSPARENTLY INDICATE WHO IS ENTITLED TO RECEIVE THE CLAIM MONEY The judge may not pass a decision beyond what the plaintiff demands. Insurance money must be paid to the insured whose name is listed in the policyso that according to the...

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Today’s Legal Enlightenment (Friday, 03 March 2023)

A HUSBAND IS OBLIGATED TO SUPPORT HIS CHILD AFTER HIS DIVORCE AND SHOULD BE DETERMINED ACCORDING TO THE CHILD'S MINIMUM LIFE NECESSITIES TO GUARANTEETHE CERTAINTY AND THE FUTURE OF THE CHILD Whereas if there has been a divorce, the consequences of the divorce must be determined in accordance with...

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Today’s Legal Enlightenment (Thursday, 02 March 2023)

THE ISSUANCE OF A LAND CERTIFICATE MUST BE PREPARED WITH THE ISSUANCE OF A DEED OF SALE The land certificate, which was issued earlier than the sale and purchase deed, is not based on law and is declared null and void. Issuance of aland certificate without application from the owner is...

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Today’s Legal Enlightenment (Wednesday, 01 March 2023)

IF AN AUCTION WINNER TURNS OUT TO BE THE CREDITOR WHO BUYS AT A LOWER PRICE, THEY ARE DECLARED TO BE IN BAD FAITH AND DO NOT RECEIVE LEGAL PROTECTION  The auction winner is declared to be in bad faith and does not receive legal protection if the auction winner turns out to be the creditor who...

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Today’s Legal Enlightenment (Tuesday, 28 February 2023)

SIGNED PURCHASE ORDERS ARE APPLICABLE AS BINDING LAW FOR THE PARTIES A purchase order signed by both parties who bind themselves is an agreement that applies as a law that binds both parties. → Supreme Court Decision No. 1506 K/Pdt/2002, dated 23 September 2004. Source: Book of RI Supreme Court...

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Today’s Legal Enlightenment (Monday, 27 February 2023)

ACQUISITION OF LAND RIGHTS BASED ON GRANT Whereas someone who argues that they have land rights based on a grant must be able to prove ownership of the grant as referred to in Article 210 paragraph (1) of the Islamic Law Compilation (KHI). If it is obtained based on a grant, the grant recipient is...

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Today’s Legal Enlightenment (Sunday, 26 February 2023)

As Stephen L. Carter has pointed out, when I say integrity, I have something very simple and very clear in mind. Integrity requires three steps: 1) Distinguish what is right from what is wrong, 2) Carry out what you have studied, even if you suffer a loss, and 3) State openly that you are...

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Today’s Legal Enlightenment (Saturday, 25 February 2023)

The good lawyer is not the man whohas an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of scrape.” Ralph Waldo Emerson Best Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 24 February 2023)

THE EXISTENCE OF FORCE MAJEURE According to the law, noodtoestand is not ongeoorloofde because the two terms have a principal difference. Noodtoestand, regulated in Articles 1244 and Article 1245 of the Civil Code, is a condition that is assessed at the time of the implementation of the agreement....

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Today’s Legal Enlightenment (Thursday, 23 February 2023)

APPLICATION FOR BANKRUPTCY IS NULL AND VOID WHEN THE COMPANY IN LIQUIDATION IS A COMPANY IN A CERTAIN FIELD That PT. Asuransi Prisma Indonesia (in liquidation) is an insurance company because based on the facts of the trial, the intent and purpose of establishing PT. Asuransi Prisma Indonesia is...

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Today’s Legal Enlightnement (Wednesday, 22 February 2023)

AUTHORITY OF REGIONAL COMPANY DIRECTORS Regional Company Directors are authorized to represent the Company inside and outside the Court, including acting as the Plaintiff, without having to have a Special Power of Attorney from the Regional Government. → Supreme Court Decision No. 2539 K/Pdt/1985,...

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Today’s Legal Enlightenment (Tuesday, 21 February 2023)

LIMITED LIABILITY COMPANY LAWSUIT The party that has the right to determine the company's profit and loss is the GMS, and it should be audited by a public accountant. A compensation lawsuit filed by the President Director without approval from the GMS and from the auditors declaring the company is...

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Today’s Legal Enlightenment (Monday, 20 February 2023)

THE RIGHT TO SUBMIT A COUNTERCLAIM MUST BE WRITTEN IN THE POWER OF ATTORNEY A counterclaim filed by a power of attorney who is not authorized to file a lawsuit in counterclaim must be declared inadmissible. → Supreme Court Decision No. 475 K/Sip/1981, dated 30 September 1981. Source: Civil...

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Today’s Legal Enlightenment (Friday, 17 February 2023)

BIOLOGICAL MOTHERS & DOMESTIC HELPERS CAN BECOME A WITNESS In a divorce suit, a biological mother and a domestic helper of one of the parties can be heard as a witness. → Supreme Court Decision No. 1282 K/Sip/1979, 20 December 1979 Source: Civil Procedure Law Jurisprudence Book Part 4...

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Today’s Legal Enlightenment (Thursday, 16 February 2023)

THE HEAD OF THE BRANCH IS AUTHORIZED TO SUE The power given by the brand head to a power of attorney is valid because the position of the branch head is authorized to act for and on behalf of the central head without requiring a power of attorney for that. → Supreme Court Decision No.779...

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Today’s Legal Enlightenment (Wednesday, 15 February 2023)

CLAIM AGAINST THE STATE THAT CONFISCATED EVIDENCE A third party with good faith who objects to the decision of a criminal judge who, for state evidence, confiscated a land that they think belongs to them and does not belong to the defendant in a corruption case can submit a legal remedy in the...

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Today’s Legal Enlightenment (Tuesday, 14 February 2023)

ONE CAN NOT OBTAIN LAND RIGHTS BY APPLICATION OF DETERMINATION The court is not authorized to examine and adjudicate applications for determining land rights without any dispute over the rights. Supreme Court Decision No. 1341 K/Sip/1974, 6 April 1978 Source: Civil Procedure Law Jurisprudence Book...

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Today’s Legal Enlightenment (Monday, 13 February 2023)

THE LAWSUIT IS INADMISSIBLE BECAUSE THE OBJECT OF THE DISPUTE AND THE DEFENDANT ARE DIFFERENT Whereas in a Civil lawsuit where the object of the case and the Defendant are different, the lawsuit must be filed separately against each object of the dispute and the Defendant. Therefore, if in a...

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Today’s Legal Enlightenment (Friday, 10 February 2023)

THE CLAIM WAS UNCLEAR BECAUSE THE PETITUM WAS NOT SUPPORTED BY A CLEAR FACTUAL GROUND (POSITA) Petitum/claim in a civil lawsuit must be based on and supported by the positum/arguments clearly described in the claim so that it appears that there is a connection between the claim and the posita of...

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Today’s Legal Enlightenment (Thursday, 09 February 2023)

IF PROVEN TO HAVE VIOLATED THE LAW, CIVIL LIABILITY CAN NOT BE REMOVED EVEN IF THE DEFENDANT HAS A BUSINESS LICENSE In the case of Review to the Supreme Court (Review) between the Ministry of Environment as the Plaintiff/Petitioner for Judicial Review against PT Surya Panen Subur as the...

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Today’s Legal Enlightenment (Wednesday, 08 February 2023)

THE COMPANY IS DEEMED TO RECOGNIZE AGREEMENTS MADE PERSONALLY BY THE COMPANY’S MANAGEMENT An agreement made personally by the company’s management, which is then carried out/implemented by the company and has taken advantage of, is deemed recognized and justified by the company, making them bound...

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Today’s Legal Enlightenment (Tuesday, 07 February 2023)

THE CALCULATION OF STATE FINANCIAL LOSSES MUST DIFFERENTIATE SALES DISCOUNTS AND PURCHASE DISCOUNTS The calculation of state financial losses must distinguish between sales discounts and purchase discounts. A sales discount is a discount that has been predetermined well and is widely known whether...

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Today’s Legal Enlightenment (Monday, 06 February 2023)

"DIVISION OF JOINT MARITAL ASSETS DUE TO DIVORCE" Religious Courts are not authorized to examine and adjudicate claims for the division of joint assets that are filed together with demands for divorce. For Muslims, a divorce occurs when the divorce is stated in the Religious Court session. It does...

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Today’s Legal Enlightenment (Sunday, 05 February, 2023)

"Returning hate for hate multiplies hate, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate, only love can do that." --- Martin Luther King Jr.  Best regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 03 February 2023)

"There must be an agreement between the debtor and the creditor in the Fiduciary Guarantee Certificate regarding when and under what circumstances the debtor can be declared default." The provisions of Article 15 paragraph (2) and its Elucidation as well as Article 15 paragraph (3) of Law Number...

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Today’s Legal Enlightenment (Thursday, 02 February 2023)

NOT REMOVING A THIRD PARTY DOES NOT RESULT IN THE LAWSUIT BEING DECLARED INADMISSBLE AS A WHOLE NOT REMOVING A THIRD PARTY DOES NOT RESULT IN THE LAWSUIT BEING DECLARED INADMISSBLE AS A WHOLE Not removing a third party does not result in the lawsuit being declared inadmissible as a whole, but is...

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Today’s Legal Enlightenment (Wednesday, 01 February 2023)

DUTCH HOOGE RAAD (SUPREME COURT) DECISION ON ABORTUS The Hoge Raad said in this arrest that for the intentional abortion of a living womb, it is enough that the woman who had the abortion suspected that the child in her womb was still alive. The question of whether the womb is really alive or...

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Today’s Legal Enlightenment (Tuesday, 31 January 2023)

THE EXECUTOR (THE TOOL) IS NOT THE DOER AND CANNOT BE CRIMINALIZED The person who orders the action is called a vigeur (power) in the Penal Code, and they are regular perpetrators in the Netherlands. Examples cited by Remmelink in his conclusion on the judgment of 18 June 1968): H. R. of 3 and 18...

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Today’s Legal Enlightenment (Monday, 30 January 2023)

"THE PARTY WHO HAS THE CAPACITY TO SUBMIT A CLAIM" Only those with legal relations and interest in the disputed matter can file a claim in a civil case. → Supreme Court Decision No. 2961K/Pdt/1993, dated 28 May 1998. Source: Varia Peradilan No. 290, January 2010, page 112. Best regards, Fredrik J....

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Today’s Legal Enlightenment (Friday, 27 January 2023)

LITIGANTS Claims to reclaim shared assets from the hands of a third party who illegally control them do not have to be filed by the husband and wife together but can be filed either by the husband or the wife alone (i.c., the wife herself files the claim), because in this case indeed there is no...

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Today’s Legal Enlightenment (Thursday, 26 January 2023)

INTENTION Negligence in not investigating the list to be signed in this case does not constitute intention, whereas intention is the main element of the crime of embezzlement. → Supreme Court Decision No. 58 K/Kr/1974, dated 4 February 1976, in the case: Suprapto BA. Source: Summary of...

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Today’s Legal Enlightenment (Wednesday, 25 January 2023)

PARTICIPATION According to criminal law science, the conditions of ordering to commit (doen plegen) a crime is that the ordered person, according to criminal law, cannot be held accountable for their actions and therefore, cannot be punished. → Supreme Court Decision No. 137 K/Kr/1956, dated 1...

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Today’s Legal Enlightenment (Tuesday, 24 January 2023)

LEGAL STATUS OF THE GUARANTOR IN BANKRUPTCY In the case of a personal guaranty or borgtoch, the principle of a permanent guarantor (guarantor always guarantor) must be upheld for the payment of the principal's debt if the principal does not pay or is unable to pay the debt to the creditor....

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Today’s Legal Enlightenment (Sunday, 22 January 2023)

“If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse, and you say that you are neutral, the mouse will not appreciate your neutrality.” — Archbishop Desmond Tutu

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Today’s Legal Enlightenment (Friday, 20 January 2023)

MK: NGOs CONSIDERED "THIRD PARTIES WITH INTEREST" CAN APPLY FOR PRETRIAL The phrase ‘…third parties with interest…’ contained in Article 80 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is unconstitutional as long as it does not mean “including victim-witnesses or...

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Today’s Legal Enlightenment (Thursday, 19 January 2023)

THE SUPREME COURT IS REQUIRED TO POSTPONE A JUDICIAL REVIEW IF A LAW EXAMINATION IS BEING PROCESSED IN THE CONSTITUTIONAL COURT The Constitutional Court (MK) decided to grant the petition for judicial review of Law Number 24 of 2003 concerning the Constitutional Court (CC Law). The Court declared...

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Today’s Legal Enlightenment (Wednesday, 18 January 2023)

THE FINANCE EXISTING IN STATE-OWNED ENTERPRISES (SOEs) IN ESSENCE IS STILL STATE FINANCE The finance in SOEs is essentially still state finance, even though the state assets in SOEs are state assets that have been separated. It is incorrect to assume that the separated state assets are no longer...

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Today’s Legal Enlightenment (Tuesday, 17 January 2023)

THE MILITARY COURT IS AUTHORIZED TO ADJUDICATE CORRUPTION CASES COMMITTED BY SOLDIERS The Military Court adheres to the principle of personality, which emphasizes the subject of the perpetrators of criminal acts, not their actions. Therefore, the Military Court has the authority to adjudicate...

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Today’s Legal Enlightenment (Monday, 16 January 2023)

The Remaining Unpaid Profit Sharing is Still Considered a Default This Judicial Review (PK) Decision was filed by Abd. Rahim Wellang (the petitioner), the recipient of the work result (fee) against PT Citra Silika Mallawa (CSM/respondent), a nickel ore mining company. Both are bound by a work...

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Today’s Legal Enlightenment (Sunday, 15 January 2023)

No client ever had money enough to bribe my conscience or to stop its utterance against wrong, and oppression. My conscience is my own - my creators - not man's. I shall never sink the rights of mankind to the malice, wrong, or avarice of another's wishes, though those wishes come to me in the...

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Today’s Legal Enlightenment (Saturday, 14 January 2023)

“I am not bound to win, but I am bound to be true. I am not bound to succeed, but I am bound to live by the light that I have. I must stand with anybody that stands right, and stand with him while he is right and part with him when he goes wrong". - Abraham Lincoln - Best regards, Fredrik J....

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Today’s Legal Enlightenment (Friday, 13 January 2023)

 “NEWLY RELEASED EX-CONVICTS ARE PROHIBITED FROM RUNNING FOR LEGISLATIVE CANDIDATE. THEY MUST WAIT FOR 5 (FIVE) YEARS” The provisions of the norms of Article 240 paragraph (1) letter g of the Election Law need to be synchronized with the application of a waiting period of 5 (five) years after...

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Today’s Legal Enlightenment (Thursday, 12 January 2023)

A new interpretation of the phrase "null and void" in Article 143, paragraph (3) of the Criminal Procedure Code The Constitutional Court (MK) provided a new interpretation of the phrase "null and void" in Article 143 paragraph (3) of Law Number 8 of 1981 concerning the Criminal Procedure Code...

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Today’s Legal Enlightenment (Wednesday, 11 January 2023)

BREACH OF CONTRACT DOES NOT CAUSE THE PLEDGED HOUSE TO BECOME THE CREDITOR’S PROPERTY AUTOMATICALLY The house pledged by the debtor does not automatically become the creditor’s property, even if the debtor does not pay the debt according to the agreement. Best regards, Fredrik J....

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Today’s Legal Enlightenment (Tuesday, 10 January 2023)

THE DISTRICT COURT IS NOT AUTHORIZED TO DETERMINE THE MANAGEMENT OF AN ORGANIZATION The District Court is not authorized to determine the management of an organization because management issues are regulated in the Articles of Association and by-laws of the organization. → Supreme Court Decision...

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Today’s Legal Enlightenment (Monday, 09 January 2023)

THE ANNULMENT OF LEGAL RELATIONSHIPS WITH THIRD PARTIES WHICH CANNOT BE JUSTIFIED The decision of the High Court containing the annulment of the legal relationship between the defendant and a third party must be annulled because the third party must be included as a defendant. → Supreme Court...

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Today’s Legal Enlightenment (Saturday, 07 January 2023)

"Educating the mind without educating the heart is no education at all." - Aristotle Aristotle's expression emphasizes the importance of education with values. The goal of education is enlightenment. Enlightenment can be achieved not only by educating the mind but also the heart. Integrity,...

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Today’s Legal Enlightenment (Friday, 06 January 2023)

"HIDDEN DEFECT BY THE DEVELOPER WHO SELLS THE HOUSE" As the Developer, Defendant I (PT. Jondul Jaya Sakti) knows for certain that Block C/No. 16 in Kuantan Jaya, Pekanbaru, was built on green belt land and violates the river flow boundary line. This is a "hidden defect" not known by Plaintiff...

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Today’s Legal Enlightenment (Thursday, 05 January 2023)

"PERSONAL RESPONSIBILITY OF COMPANY DIRECTORS WHO BECOME A GUARANTOR" The bank gives a loan to an LLC that has not been approved as a Legal Entity by the Minister of Justice. However, in the Notary Deed, which contains the Guaranteed Debt, it is stated that the debtor acts as a person and the...

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Today’s Legal Enlightenment (Wednesday, 04 January 2023)

“EMBEZZLEMENT OF ARISAN MONEY” With the end of the period of the execution of the arisan (social gathering) money, then all members must HAVE RECEIVED THEIR RIGHTS. If there some members still have not received their rights (arisan money) from the arisan organizer or management, then the actions...

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Today’s Legal Enlightenment (Tuesday, 03 January 2023)

ONE CANNOT BE PUNISHED FOR THE SECOND TIME There are cases where someone committed an act that violates customary law and processed and imposed customary sanctions by the customary head in the area. That person cannot be determined as a defendant again (for the second time) in the District Court...

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Today’s Legal Enlightenment (Monday, 02 January 2023)

THE CRITERIA OF AUCTION WINNERS WHO ARE NOT IN GOOD FAITH An auction winner is declared NOT IN GOOD FAITH AND DOES NOT RECEIVE LEGAL PROTECTION if they turn out to be the creditor themself who purchased with a significantly lower price than the collateral. → Supreme Court Decision No. 252...

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Today’s Legal Enlightenment (Sunday, 01 January 2023)

“We are what we repeatedly do. Excellence, then, is not an act, but a habit.” - Aristotle Let’s start and live every day in this new year, 2023, with good habits so that we can be helpful to others and life itself. Best regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 30 December 2023)

CONDITIONAL CRIMINAL IMPOSITION MAY BE GIVEN ADDITIONAL TERMS Conditional criminal imposition (trial sentence) on the Defendant can be given additional conditions IN THE FORM OF RETURN OF LOSSES SUFFERED BY THE VICTIMS. → Supreme Court Decision No.2238 K/Pid/2009, dated 20 January 2011. Best...

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Today’s Legal Enlightenment (Thursday, 29 December 2023)

REASONS FOR THE INSURANCE AGREEMENT VOID BY LAW Juridically, the insured has the obligation to notify the actual situation of the ship to be insured. If it turns out that something was hidden during the closing of the policy insurance, the insurance agreement is null and void by law. → Supreme...

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Today’s Legal Enlightenment (Wednesday, 28 December 2022)

CREDITOR'S POLICE REPORT TO DEBTOR IS NOT AN ILLEGAL ACTIVITY A creditor feels disadvantaged because his receivables are not paid and the debtor gives the blank Bilyet Giro then report to the police. The court decided that the debtor was released from lawsuits. Because of that, the debtor filed a...

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Today’s Legal Enlightenment (Tuesday, 27 December 2022)

NON-PERFORMING CREDIT STATUS Banks (Creditors) who unilaterally terminate the Credit Agreement with The debtor, by declaring in writing that the credit is bad credit, at that time everything should be in a state of status quo, both regarding the amount of credit that is the default, as well as the...

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Today’s Legal Enlightenment (Monday, 26 December 2022)

INTENTIONAL WITH CONFIDENCE OF POSSIBILITY (DOLUS EVENTUALIS) Still remember the deadly Metromini bus case that killed 33 passengers on March 6, 1994 at Jakarta?Such a driver's actions are categorized as "INTENTIONALLY WITH CONSCIOUSNESS POSSIBILITY or DOLUS EVENTUALIS", meaning that the...

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Today’s Legal Enlightenment (Sunday, 25 December 2022)

INTENTIONAL WITH CONFIDENCE OF POSSIBILITY (DOLUS EVENTUALIS) Still remember the deadly Metromini bus case that killed 33 passengers on March 6, 1994 atJakarta?Such a driver's actions are categorized as "INTENTIONALLY WITH CONSCIOUSNESSPOSSIBILITY or DOLUS EVENTUALIS", meaning that the perpetrator...

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Today’s Legal Enlightenment (Friday, 23 December 2022)

TWO KINDS OF CLAIMS FOR DAMAGES IN CIVIL CASES In civil cases, there are two types of claims for damages, namely: Claims for material damages in the form of losses that were actually suffered and can be calculated based on the amount of money. Claims for compensation for immaterial damages, namely...

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Today’s Legal Enlightenment (Thursday, 22 December 2022)

THE LAWSUIT IS PREMATURE BECAUSE THERE IS NO GMS APPROVAL AND PUBLIC ACCOUNTANT AUDIT The party entitled to determine the profit and loss of a company is the GMS, and a Public Accountant should audit it. The company's CEO filed the lawsuit for compensation without approval from the GMS and without...

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Today’s Legal Enlightenment (Wednesday, 21 December 2022)

The law contains the function of solving social problems and handling compelling humanitarian issues. Legal education that solely teaches and deals with legal rules and procedures and does not root them to a humanitarian or moral basis will only hinder the implementation of progressive law, namely...

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Today’s Legal Enlightenment (Tuesday, 20 December 2022)

CORRUPTION OF A PROJECT BASED ON THE SUPERIOR'S ORDER A state civil apparatus (ASN) at the Forestry Service, on orders from superiors, was proven to have deviated from the execution of the reforestation project. Their action has harmed the country's finances, but they did not do it of their own...

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Today’s Legal Enlightenment (Monday, 19 December 2022)

EXTENSION OF THE DEFINITION OF WITNESS Whereas the significance of "Witness" does not lie in whether they saw, heard, or experienced a criminal incident themself but in whether or not their testimony is relevant to the criminal case being processed. Therefore, it must be understood that all...

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Today’s Legal Enlightenment (Friday, 16 December 2022)

THE SUPERIOR’S RESPONSIBILITY The criminal responsibility of a civil superior for the actions of their subordinates who commit crimes against humanity (omission) must be based on the existence of de jure or de facto authority, which has a truly effective chain of command (such...

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Today’s Legal Enlightenment (Thursday, 15 December 2022)

OBLIGATIONS OF THE HEIRS TO THE DEBT OF THE INHERITING PERSON Heirs, Widows, and all their biological children, after the death of their husbands/fathers, DO NOT DECLARE TO REFUSE THE INHERITANCE OF THE INHERITING PERSON, then the heirs are legally OBLIGED to pay all debts made by the inheriting...

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Today’s Legal Enlightenment (Wednesday, 14 December 2022)

ELECTRICITY THEFT IS A CRIME OF CORRUPTION The director of a factory cooperating with a former State Electricity Company (“PLN”) employee broke the seal, opened the kWh meter box door, lowered the kWh meter number, and then closed it and resealed it with a fake seal. By changing the kWh number,...

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Today’s Legal Enlightenment (Tuesday, 13 December 2022)

SALE AND PURCHASE DEED MADE BY A LAND DEED OFFICIAL (PPAT) IS NOT A STATE ADMINISTRATIVE DECISION PPAT is a state administration official because they carry out government affairs based on laws and regulations (Article 1 paragraph (2) Law No. 5 of 1986 in conjunction with Article 19 Government...

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Today’s Legal Enlightenment (Monday, 12 December 2022)

THE SALE AND PURCHASE OF MARITAL PROPERTY LAND The appeal petitioner (buyer) argued that they were a buyer in good faith because the sale and purchase were carried out before a notary. However, the Supreme Court opines that because the object of the disputed land is marital property, and there was...

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Today’s Legal Enlightenment (Friday, 09 December 2022)

CRITERIA FOR BUYERS WITHOUT GOOD FAITH IN LAND SALE AND PURCHASE The Supreme Court considers that the land buyer is not a buyer with good faith even though the sale and purchase were carried out before the Land Deed Official (PPAT) and a certificate has been issued. This is because when the buyer...

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Today’s Legal Enlightenment (Thursday, 08 December 2022)

A BUYER IN GOOD FAITH RE-EXAMINES THE TRUE OWNER OF A SALE AND PURCHASE OBJECT In this case, the conflicting information is the sale made by a child on behalf of their father without a power of attorney. According to the Supreme Court, the buyer cannot be considered as having good faith, because...

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Today’s Legal Enlightenment (Wednesday, 07 December 2022)

In this case, the Supreme Court considered that the buyer was not a buyer with good intentions, even though they had held a land certificate under their name since 1999 and 2000. This is because, at the time of the purchase, they were deemed not to have looked at the object of land, which turned...

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Today’s Legal Enlightenment (Tuesday, 06 December 2022)

REASONS FOR DISSOLUTION OF LIMITED LIABILITY COMPANIES Whereas based on the provisions of Article 146 paragraph (1) letter c of Law Number 40 of 2007 concerning Limited Liability Companies, the District Court has the authority to dissolve a company if it is proven that it is impossible to continue...

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Today’s Legal Enlightenment (Monday, 05 December 2022)

CRITERIA FOR UNLAWFUL MINING BUSINESS A mining business that is against the law does not depend on how large the amount generated by the business is and how the business process is carried out. If the activity is carried out without a permit, it already violates the provisions of Law Number 4 of...

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Today’s Legal Enlightenment (Friday, 02 December 2022)

BILLS OF EXCHANGE NOT PAID IN THE CASE OF THE SALE AND PURCHASE OF TEXTILE MACHINERY Based on the “funding agreement,” the financier has paid the machine’s purchase price for the buyer’s interest to the seller. The financier then issued Bills of Exchange/Wesel, which the buyer then accepts with a...

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Today’s Legal Enlightenment (Thursday, 01 December 2022)

INTEREST CHARGES SHOULD STOP FOR BANK LOANS DECLARED NON-PERFORMING Banks (creditors) that unilaterally terminate a loan agreement with the debtor by stating in writing that the loan is non-performing, then juridically, at that time, everything must be in a state of status quo, both regarding the...

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Today’s Legal Enlightenment (Wednesday, 30 November 2022)

AGREEMENT ON THE AMOUNT OF INTEREST IN CASES OF MONEY DEBT In the legal relationship between debts and creditors, where the debtor has regularly paid interest of 4 percent per month to the creditor for a long time, we can conclude that between the debtor and the creditor, an agreement has been...

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Today’s Legal Enlightenment (Tuesday, 29 November 2022)

INTEREST ON LOANS AND COLLATERAL ITEMS WHICH ARE CONTRARY TO DECENCY AND FAIRNESS Whereas if we focus on this loan, the interest set at 10% per month is too high and contrary to decency and fairness, considering that the defendant is a retired officer with no other income. At the same time, the...

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Today’s Legal Enlightenment (Monday, 28 November 2022)

The personal condition of a person experiencing "severe stress," classified as Amok disorder, results in their lack of awareness of their actions. That the Judex Facti had heard the testimony of the expert psychiatrist, who explained that after they had examined the defendant, who was still under...

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Today’s Legal Enlightenment (Sunday, 27 November 2022)

Judges are not robots implementing laws. They are human beings who feel, think, and have the confidence to provide truth and justice through their decisions, which will be accountable to their God. -         Selviana Purba, SH., LL.M., Judge at the...

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Today’s Legal Enlightenment (Saturday, 26 November 2022)

Justice is the goal of the law’s existence. Whatever theory of justice is referenced in legal and social life, it must cover Fairness, Equality, and Impartiality. - Ign. Ridwan Widyadharma, SH., MS., Ph.D., Lecturer at UNDIP, UNIKA, UNTAG, Semarang. Source: Varia Peradilan No. 293, April 2010,...

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Today’s Legal Enlightenment (Friday, 25 November 2022)

ILLEGAL LOAN SHARK BUSINESS This usury or loan shark (Woeker) agreement is voidable by a civil judge upon a lawsuit by the debtor. A reason that the debtor can state is the following: That at the time the agreement was made, the debtors were in a fragile position and were pressured by the need for...

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Today’s Legal Enlightenment (Thursday, 24 November 2022)

THE SETTLEMENT DEED IS INVALID BECAUSE THERE IS AN ERROR IN PERSONA A "Settlement Deed" agreed upon by the plaintiff and the defendant in a civil lawsuit at the District Court, which was then ratified by the Judge and outlined in a court decision. If in the future, it turns out that there is an...

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Today’s Legal Enlightenment (Wednesday, 23 November 2022)

CASE OF NON-PERFORMING LOANS DUE TO THE DECLINE IN THE RUPIAH’S VALUE Whereas according to the provisions of Article 1756 (1) of the Civil Code, the amount that the debtor must return is the "nominal" amount of the loan money. If, before the said money is returned, there has been a decline in the...

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Today’s Legal Enlightenment (Tuesday, 22 November 2022)

THE QUALIFICATION OF ADMISSIBLE PHOTOCOPY EVIDENCE Whereas a letter of evidence in the form of a photocopy submitted in a court hearing, which the Judge cannot match with the "Original Letter" which was lost, if the opposing party acknowledges the photocopy of this letter of evidence, then this...

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Today’s Legal Enlightenment (Monday, 21 November 2022)

Indication as Evidence in Cases of Sexual Harassment The jurisprudence of the Supreme Court of the Republic of Indonesia Number 340/K.Pid/1990, dated 24 February 1994, stated: "To prove that there was intercourse, IT IS IMPOSSIBLE TO BE FIXED ON EYE WITNESSES ONLY. Therefore the existence of...

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Today’s Legal Enlightenment (Sunday, 20 November 2022)

Changing Our Mindset Sometimes we get stuck in a situation where most people in our environment have conducted a wrong action. Then, such wrong action becomes a habit since no one has pointed out how it’s wrong and tried to change it by setting the right example. Eventually, we will follow such...

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Today’s Legal Enlightenment (Friday, 18 November 2022)

“AN ORAL AGREEMENT TO SELL LAND THAT IS A JOINT PROPERTY BY THE HUSBAND WITHOUT THE WIFE’S AGREEMENT MAKES THE AGREEMENT INVALID BY LAW” An oral agreement is only an initial agreement that will be followed up and has not been made before a Notary, it does not yet have binding force for the parties...

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Today’s Legal Enlightenment (Thursday, 17 November 2022)

INHERITANCE DISPUTE, THE POSITION OF ADOPTED CHILDREN A pair of husband and wife do not have biological children in their marriage. They raised two adopted children. They then died and left an inheritance in the form of joint property. According to the Customary Inheritance Law, the two adopted...

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Today’s Legal Enlightenment (Wednesday, 16 November 2022)

A CRIMINAL EXAMINATION DOES NOT VIOLATE THE NEBIS IN IDEM PRINCIPLE, EVEN IF THE CIVIL PROCESS HAS BEEN CONDUCTED ON CASES THAT HAVE THE SAME OBJECT, SUBJECT, LOCUS, TEMPUS, AND LEGAL EVENT That the examination of a criminal case does not violate the legal principle of nebis in Idem. It can still...

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Today’s Legal Enlightenment (Tuesday, 15 November 2022)

"DEBT CASE REPORTED TO THE POLICE" From the Supreme Court's decision, a "Legal Abstract" can be raised as follows: An owner of money feels disadvantaged because their receivables at maturity are not paid by the debtor, while the clearing account letter (Bilyet Giro) they received as collateral for...

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Today’s Legal Enlightenment (Monday, 14 November 2022)

LOSS IS NOT LIMITED TO THE RESPONSIBILITY OF THE LIMITED LIABILITY COMPANY ONLY BUT ALSO THE MANAGEMENT (PIERCING THE CORPORATE VEIL) The bank provides credit loans in large amounts to the Limited Liability Company (PT) included in the bank group, where the process of granting this credit turns...

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Today’s Legal Enlightenment (Saturday, 12 November 2022)

“If you can manipulate the news, judges can manipulate the law. A smart lawyer can keep a murderer out of jail, a smart accountant can keep a thief from paying taxes, a smart reporter can ruin your reputation unfairly.” - Mario Cuomo – Best regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 11 November 2022)

“THE CLASSIFICATION OF A GRACE PERIOD THAT REVOKES THE RIGHT TO SUE” That the classification of the grace period that revokes or erases the right to sue is regulated by the provisions of Article 1967 of the Civil Code. In relation to inheritance due to death, Article 835 of the Civil Code affirms:...

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Today’s Legal Enlightenment (Thursday, 10 November 2022)

“THE SUPREME COURT’S VIEW ON THE CRIMINAL ACTION OF OBTAINING STOLEN PROPERTY” Article 480 1 of the Criminal Code states that committing certain acts, which include selling and buying of goods that are known or reasonably suspected to have originated from a criminal act, are categorized as a crime...

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Today’s Legal Enlightenment (Wednesday, 09 November 2022)

INCORRECT OR WRONGLY ADDRESSED LAWSUITS SHOULD BE REJECTED OR DECLARED INADMISSIBLE Supreme Court Jurisprudence No. 296 K/SIP/1970, dated 9 December 1970, stated that a lawsuit that incorrectly or wrongly addressed the defendant’s legal subject should be rejected or at least declared inadmissible....

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Today’s Legal Enlightenment

(Tuesday, 8 November 2022) RECONSIDERING WITNESS DE AUDITU AS A MEANS OF EVIDENCE (Practical Approach of Jurisprudence in the Civil Law System) Testimonium de auditu is a testimony given by a witness constituting a means of evidence to complete the minimum limit of unus testis nullus testis, as...

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Today’s Legal Enlightenment

Monday, 07 November 2022 The Criminal Act of Human Smuggling The act of sending illegal foreigners in an organized manner who does not have a legal right to enter Indonesian territory or leave Indonesian territory is categorized as the crime of human...

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Today’s Legal Enlightenment (Friday, 04 November 2022)

Public Information Disclosure Dispute With the issuance of Law Number 14 of 2008 concerning Public Information Disclosure, which aims for transparency and the implementation of good governance, anyone can submit a request for public information (actio popularis). However, in examining the dispute...

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Today’s Legal Enlightenment (Thursday, 03 November 2022)

The Corruption Crime of Self Enrichment The Defendant has unlawfully placed funds in a bank that has not carefully examined the soundness of the banking system to be appointed, in this case, Bank Tripanca Setiadana, a Rural Credit Bank as the Holder of the Regional Clearing Account. • “The...

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Today’s Legal Enlightenment (Wednesday, 02 November 2022)

The Jurisprudence of the Supreme Court Decision Number 67 K/Sip/1975 dated 13 May 1975 states: "A petition that is not in line with the argument of the claim contains an obscuur libel (unclear claim) defect. Therefore, the claim cannot be accepted." Source: Central Jakarta District Court Decision...

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Today’s Legal Enlightenment (Tuesday, 01 November 2022)

Today's Legal Enlightenment (Tuesday, 01 November 2022) "A JUDGE IS NOT AUTHORIZED TO PLACE A PERSON WHO IS NOT BEING SUED AS A DEFENDANT" Whereas in making a lawsuit, a plaintiff has the authority to determine whom they are suing. This follows the Jurisprudence of the Supreme Court of the...

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Today’s Legal Enlightenment (Monday, 31 October 2022)

Today's Legal Enlightenment (Monday, 31 October 2022) THE BUYER DOES NOT HAVE GOOD FAITH BECAUSE THE SALE AND PURCHASE ARE NOT CONDUCTED THROUGH A LAND DEED OFFICIAL (PPAT) Apart from the fact that the sale and purchase were not carried out before the Land Deed Official (PPAT), the Supreme Court...

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Today’s Legal Enlightenment (Sunday, 30 October 2022)

Today's Legal Enlightenment (Sunday, 30 October 2022) Democracy must be based on the rule of law and the equality of every citizen, regardless of race, ethnicity, religion, and origin, before the law. "Abdurrahman Wahid" Best regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, 28 October 2022)

Today's Legal Enlightenment (Friday, 28 October 2022) CONCERNING REVIEW TO THE SUPREME COURT BY THE PUBLIC PROSECUTOR Supreme Court Decision Number: 55 PK/Pid/1996 dated 25 October 1996 concerning Review by the Public Prosecutor in a case of convict Dr. Muchtar Pahpahan, SH, MM, states the...

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Today’s Legal Enlightenment (Thursday, 27 October 2022)

Today's Legal Enlightenment (Thursday, 27 October 2022) "REGARDING EXAMINATIONS AT THE CASSATION LEVEL" The panel of judges at the cassation level must re-examine a case in its entirety and impartially. They must also make a fair and comprehensive consideration. → Supreme Court Decision No....

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Today’s Legal Enlightenment (Wednesday, 26 October 2022)

Today's Legal Enlightenment (Wednesday, 26 October 2022) THE AUCTION CANNOT BE CANCELED BECAUSE IT HAS BEEN CARRIED OUT BASED ON A FINAL DECISION The Supreme Court decided that the cancellation of an auction that has been carried out based on a decision with permanent legal force cannot be...

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Today’s Legal Enlightenment (Tuesday, 25 October 2022)

Today's Legal Enlightenment (Tuesday, 25 October 2022) ACTIONS THAT AGITATE PRODUCT CONSUMERS ARE UNLAWFUL ACTS According to the permanent jurisprudence of the Supreme Court of the Republic of Indonesia, the criteria for an unlawful act can come from the following: a. Laws, namely acts contrary to...

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Today’s Legal Enlightenment (Monday, 24 October 2022)

Today's Legal Enlightenment (Monday, 24 October 2022) "NEGLIGENCE THAT CAUSES THE DEATH OF PEOPLE – ARTICLE 359 of the Criminal Code" The defendant was declared legally and convincingly guilty of "causing the death of a person because of their negligence," as regulated in Article 359 of the...

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Today’s Legal Enlightenment (Friday, 21 October 2022)

Today's Legal Enlightenment (Friday, 21 October 2022) - "THE CLAIM IS INADMISSIBLE BECAUSE ONE OF THE PARTIES HAS NO LEGAL RELATIONSHIP WITH THE OBJECT OF THE CASE" Supreme Court Decision No. 639 K/Sip/1975, dated 28 May 1977, stated: "If one of the parties in a case has no legal relationship with...

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Today’s Legal Enlightenment (Thursday, 20 October 2022)

Today's Legal Enlightenment (Thursday, 20 October 2022) - THE RIGHT TO EXECUTE PLEDGED SHARES The pledgee holds the right to execute pledged shares as long as the agreement is still valid. The expiration of a pledge does not have to be because the guaranteed debt has been paid off. The shares are...

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Today’s Legal Enlightenment (Wednesday, 19 October 2022)

Today's Legal Enlightenment (Wednesday, 19 October 2022) - SHARES PLEDGE AGREEMENT IS AN ACCESSOIR AGREEMENT The shares pledge agreement is an accessoir agreement. Accessoir, meaning that the validity of pledge rights on shares depends on the presence or absence of the master agreement or accounts...

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Today’s Legal Enlightenment (Tuesday, 18 October 2022)

Today's Legal Enlightenment (Tuesday, 18 October 2022) Prof. Subekti explained that Cessie is the transfer of credit rights or the replacement of an old debtor, called a cedent, with a new debtor, called a cessionary. The responsibility of the cedent does not shift because a Cessie Agreement is...

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Today’s Legal Enlightenment (Monday, 17 October 2022)

TODAY'S LEGAL ENLIGHTENMENT (Monday, 17 October 2022) - The unfulfillment of obligations in a legally made agreement by the parties is not fraud, but default, which is a civil law matter, unless the agreement is based on bad faith Whereas based on these facts, the Supreme Court believes that the...

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Today’s Legal Enlightenment (Friday, 14 October 2022)

Today's Legal Enlightenment (Friday, 14 October 2022) "Can electronic information documents taken by non-law enforcement officers be used as evidence in court?" The verdict of the Constitutional Court Number 20/PUU-XVI/2016, dated September 7, 2016 basically stated that electronic information...

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Today’s Legal Enlightenment (Wednesday, 12 October 2022)

Today's Legal Enlightenment (Wednesday, 12 October 2022) - Criminal Acts of Vandalism – Article 406 Indonesian Criminal Code (KUHP) The defendants damaged the witness's house because the house was built on their land without their permission so that their actions in defending their property rights...

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Syarat Pembatalan Piutang dan Jaminan Kredit Secara Cessie

Pada dasarnya Cessie merupakan sebuah tindakan penyerahan tagihan atas nama.[1] Menurut Pasal 613 KUH Perdata (“KUHPer”)[2], penyerahan piutang-piutang atas nama dan barang-barang lain yang tidak bertubuh dilakukan dengan membuat akta otentik atau di bawah tangan yang melimpahkan hak-hak atas...

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Today’s Legal Enlightenment (Thursday, 13 October 2022)

Today's Legal Enlightenment (Wednesday, 13 October 2022) - The Position of Witness Statements Before Investigators Revoked at Trial Statements of Witnesses at Investigators which are withdrawn at trial without sufficient or unreasonable reasons can be used as evidence for instructions; A...

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Today’s Legal Enlightenment (Monday, 10 October 2022)

Today's Legal Enlightenment (Monday, 10 October 2022) - THE SAME LAWSUIT CANNOT BE FILED TWICE" Supreme Court of the Republic of Indonesia Decision No. 391 K/SIP/1970 dated 16 December 1970 basically stated as follows: "When another case concerns the same person (persoon), the subject matter...

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Today’s Legal Enlightenment (Sunday, 09 October 2022)

Today's Legal Enlightenment (Sunday, 09 October 2022) "In law a man is guilty when he violates the rights of others. In ethics he is guilty if he only thinks of doing so. Two things amazed me the most: the starry sky above me, and the moral law within me. If justice were to perish, human life on...

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Today’s Legal Enlightenment (Saturday, 08 October 2022)

Today's Legal Enlightenment (Saturday, 08 October 2022) Corruption, Corrosion, and Decay of "Rule of Law" Sigit Riyanto: (Professor of the Faculty of Law and Advisor to the Judicial Reform Team) Significant and broad judicial power must be accounted for and therefore must be exercised in a...

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Today’s Legal Enlightenment (Friday, 07 October 2022)

Today's Legal Enlightenment (Friday, 07 October 2022) - The Head of Sub-Branch Offices of State Owned Enterprises (BUMN) banks are still responsible if there are state losses due to bad loans, even though the one who signs the credit agreement is the Bank's business director Judex factie stated...

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Today’s Legal Enlightenment (Thursday, 6 October 2022)

Today's Legal Enlightenment (Thursday, 6 October 2022) - ALTHOUGH THE STATE OFFICER WHOM THE PERPETRATOR WILL BRIBE REFUSES TO ACCEPT THE GIFT FROM THE PERPETRATOR, THE ACTION OF THE PERPETRATOR CAN ALREADY REGARDED AS A COMPLETION OF BRIBERY Article 209 paragraph (1) of the Criminal Code states:...

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Today’s Legal Enlightenment (Wednesday, 05 October 2022)

Today's Legal Enlightenment (Wednesday, 05 October 2022) - EMERGENCY AND OCCASIONAL DEMAND FACTORS CAN DRIVE THE BIRTH OF A GOVERNMENT REGULATION The Supreme Court rejected the application for judicial review of the Government Regulation of the Indonesian Bank Restructuring Agency (IBRA) submitted...

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Today’s Legal Enlightenment (Tuesday, 04 October 2022)

Today's Legal Enlightenment (Tuesday, 04 October 2022) - THE ACTIONS ARE NOT ABUSE OF AUTHORITY BECAUSE THEY WERE PERFORMED BASED ON THE PRESIDENT'S INSTRUCTION (THE CASE OF AKBAR TANJUNG) "Considering the matters described above, the Supreme Court opines that the actions of the Defendant / the...

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Today’s Legal Enlightenment (Monday, 03 October 2022)

Today's Legal Enlightenment (Monday, 03 October 2022)-EXPRESSING FEELINGS IN THE FORM OF COMPLAINTS DURING TREATMENT IS NOT AGAINST THE LAW (PRITA MULYASARI'S CASE) That expressing feelings in the form of complaints about what has been experienced during the treatment process, both in the form of...

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Today’s Legal Enlightenment (Sunday, 02 October 2022)

Today's Legal Enlightenment (Sunday, 02 October 2022) Bagir Manan: The political democracy we enjoy today has expanded the opportunities for abuse of power. The phrase "absolute power corrupts absolutely" also applies in democracy. Not only absolute power abuses power, but it can also happen in a...

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Today’s Legal Enlightenment (Saturday, 1 October 2022)

Today's Legal Enlightenment (Saturday, 1 October 2022) Clive Walker : A punishment that is born of dishonesty or fraud or not based on law and justice is corrosive to claims of state legitimacy based on the values of the Criminal Justice System that respects individual rights. In this context,...

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Today’s Legal Enlightenment (Friday, 30 September 2022) 

Today's Legal Enlightenment (Friday, 30 September 2022) - STATE LOSSES CANNOT BE ESTABLISHED BASED ON ASSUMPTIONS Whereas because the results of the Indonesian Audit Board audit, which were used as the basis by the Public Prosecutor to calculate state losses, were not included in the category of...

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Today’s Legal Enlightenment (Thursday, 29 September 2022)

Today's Legal Enlightenment (Thursday, 29 September 2022 ) - CLAIMS CAN BE FILED IF A PLAINTIFF'S RIGHTS ARE VIOLATED BY THE DEFENDANT Whereas the Appellee, initially the Plaintiff, as a Debtor only had obligations, namely the obligation to pay off the debt, and had no rights to the creditor....

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Today’s Legal Enlightenment (Wednesday, 28 September 2022)

Today's Legal Enlightenment (Wednesday, 28 September 2022) - UNLAWFUL ACT CLAIMS ARE NOT ALLOWED TO BE COMBINED WITH BREACH OF CONTRACT CLAIMS Based on the order of civil proceedings, unlawful act claims based on Article 1365 of the Civil Code are not allowed to be combined in one claim with...

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Today’s Legal Enlightenment (Tuesday, 27 September 2022)

Today's Legal Enlightenment (Tuesday, 27 September 2022) - BANKRUPTCY SHOULD ONLY BE AN ULTIMUM REMEDIUM (LAST RESORT) According to Prof. Dr. Sutan Remy Sjahdeini, the imposition of bankruptcy should only be an ultimum remedium (last resort). This has also been confirmed in the Supreme Court's...

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Today’s Legal Enlightenment (Monday, 26 September 2022)

Today's Legal Enlightenment (Monday, 26 September 2022) - LAND BEQUESTS MAY NOT EXCEED ONE-THIRD OF THE DECEASED'S TOTAL INHERITANCE A land bequest is a part of the deceased's assets granted by the deceased during their life to one of their heirs. If the amount or area of land granted exceeds...

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Today’s Legal Enlightenment (Sunday, 25 September 2022)

Today's Legal Enlightenment (Sunday, 25 September 2022) Satjipto Rahardjo : Supremacy of law is mandatory. If it is not realized, the supremacy of law only translates into the supremacy of regulations. However, that is not its true intention because the supremacy of law is also the supremacy of...

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Today’s Legal Enlightenment (Friday, 23 September 2022)

Today's Legal Enlightenment (Friday, 23 September 2022) - DEFAMATION RESULTS IN MATERIAL LOSS A person or legal entity who suffers because they are defamed can be said to have suffered material loss. The Supreme Court's decision No. 371 K/Sip/1973, dated 22 October 1975, is the basis for a legal...

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Today’s Legal Enlightenment (Thursday, 22 September 2022)

Today's Legal Enlightenment (Thursday, 22 September 2022) - THE CONSEQUENCE OF INCORRECT/MISADDRESSED CLAIMS A claim containing the incorrect or misaddressed legal subject of the Defendant must be rejected or at least declared inadmissible. → Supreme Court Decision No. 296k/Sip/1970, 9 December...

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Today’s Legal Enlightenment (Wednesday, 21 September 2022)

Today's Legal Enlightenment (Wednesday, 21 September 2022) The term "probationary sentence" or "conditional sentence" is known in the general sense that even though it has been proven to have committed a crime and was sentenced to a criminal sanction, the defendant does not have to serve the...

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Today’s Legal Enlightenment (Tuesday, 20 September 2022)

Today's Legal Enlightenment (Tuesday, 20 September 2022)-THE GRANTING OF A SHARE OF INHERITANCE TO NON-MUSLIM HEIRS THROUGH MANDATORY WILL (WASIYAT WAJIBAH) The decision to grant a share of inheritance to non-Muslim heirs is a new occurrence in Indonesia's Islamic inheritance law system. Judges...

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Today’s Legal Enlightenment (Saturday, 24 September 2022)

Today's Legal Enlightenment (Saturday, 24 September 2022) Sharswood : "Let it be remembered and treasured in the heart of every student that no man can ever be a truly great lawyer, who is not in every sense of the word, a good man. A lawyer without integrity may shine for a while with...

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Today’s Legal Enlightenment (Monday, 19 September 2022)

Today's Legal Enlightenment (Monday, 19 September 2022) - THE LEGAL CONSIDERATION THAT GRANTS A GREATER PORTION OF JOINT ASSETS FOR THE WIFE THAN THE HUSBAND → Supreme Court Decision No. 266 K/AG/2010 states that the wife gets ¾ share and the husband gets ¼ share of the joint assets because during...

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Today’s Legal Enlightenment (Sunday, 18 September 2022)

Today's Legal Enlightenment (Sunday, 18 September 2022) The nature of legal positivism is a dark path for the future of legal reform. It makes the law isolated from the social dimension of society. Thus, it is not surprising when the function of legislation as the front door for legal reform is...

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Today’s Legal Enlightenment (Saturday, 17 September 2022) 

Today's Legal Enlightenment (Saturday, 17 September 2022) Reason tends to prioritize considerations of rationality and visible evidence, whereas Conscience is full of clarity of heart to see the essence behind events; how beautiful it would be if rationality and clarity of heart became one Unity...

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Today’s Legal Enlightenment (Friday, 16 September 2022)

Today's Legal Enlightenment (Friday, 16 September 2022) - THE REASON FOR THE REJECTION OF HENDRA RAHARDJA's (PRESIDENT COMMISSIONER OF BANK HARAPAN SENTOSA) PRE-TRIAL APPLICATION The actions of the Cassation Applicant (Indonesian Police), who have not provided a copy of the Arrest Warrant, are in...

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Today’s Legal Enlightenment (Thursday, 15 September 2022)

Today's Legal Enlightenment (Thursday, 15 September 2022) - EQUALIZING WOMEN'S INHERITANCE RIGHTS To promote gender equality, the rights of women and men are equal in law, so it is fair and proper that the property of the deceased person must be divided equally by the heirs without distinguishing...

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Today’s Legal Enlightenment (Wednesday, 14 September 2022)

Today's Legal Enlightenment (Wednesday, 14 September 2022) - THE AMOUNT OF COMPENSATION FOR THE DEATH OF THE PLAINTIFF'S CHILD DUE TO THE DEFENDANT'S CARELESSNESS" The Supreme Court decided that the matter of the amount of compensation (for the death of the Plaintiff's child due to the Defendant's...

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Today’s Legal Enlightenment (Tuesday, 13 September 2022)

Today's Legal Enlightenment (Tuesday, 13 September 2022) - ASSESSMENT OF WHETHER A SIGNATURE IS FAKE OR NOT MUST BE THROUGH AN EXAMINATION FROM A CRIMINOLOGY LABORATORY AND OR A CRIMINAL DECISION To assess whether a signature is fake or not, there must be an examination from a Criminology...

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Today’s Legal Enlightenment( Monday, 12 September 2022)

Today's Legal Enlightenment (Monday, 12 September 2022) - THE SUPREME COURT DECISION'S CONSIDERATION THAT GIVES CUSTODIAL RIGHTS TO THE FATHER, NOT THE MOTHER Supreme Court Decision No. 110 K/AG/2007 gives child custody to the father. The cassation judges opine that regarding child care, it is not...

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Today’s Legal Enlightenment (Sunday, 11 September 2022)

Today's Legal Enlightenment (Sunday, 11 September 2022) Prof. Basuki Rekso Wibowo: Morally, ethically and spiritually, a judge's decision should ideally be the result of a process of ijtihad and inner struggle through a transcendental spiritual dialogue between the judge and the all-just God to...

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Today’s Legal Enlightenment (Saturday, 10 September 2022)

Today's Legal Enlightenment (Saturday, 10 September 2022) Prof. Basuki Rekso Wibowo: The legal process seems to have found a dead end in responding to the choice between legal certainty, expediency, and justice. Judges do not have the professional and intellectual courage to get out of the frame...

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Today’s Legal Enlightenment (Friday, 09 September 2022)

Today's Legal Enlightenment (Friday, 09 September 2022) - EXPLANATION OF THE RIGHT TO PRIVACY IN THE LEGAL CONSIDERATION OF CONSTITUTIONAL COURT DECISION NO. 006/PUU-I/2003, DATED 30 MARCH 2004 Although the Constitutional Court (MK) rejected Article 12 paragraph 1 letter a of the KPK Law, in its...

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Today’s Legal Enlightenment (Thursday, 08 September 2022)

Today's Legal Enlightenment (Thursday, 08 September 2022) - "A JUDGE IS AUTHORIZED TO REJECT A DEFENDANT'S REQUEST TO ADJOURN A TRIAL" For the sake of the function of the court, which must resolve a case by providing prompt justice, a judge is authorized to reject the request of a Defendant who...

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Today’s Legal Enlightenment (Wednesday, 07 September 2022)

Today's Legal Enlightenment (Wednesday, 07 September 2022) - "THE DEFINITION OF A STILL PENDING LAWSUIT (AANHANGING)" M. Yahya Harahap, in his book Civil Procedure Law, 10th Printing, page 461, explains that the dispute that the plaintiff is claiming is the same as the case being examined by the...

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Today’s Legal Enlightenment (Tuesday, 06 September 2022)

Today's Legal Enlightenment (Tuesday, 06 September 2022) - "BECAUSE THERE IS NO EXECUTION AGREEMENT BETWEEN INDONESIA AND ENGLAND THEN ENGLISH COURT DECISIONS CANNOT BE EXECUTED IN INDONESIA" In its decision, the Supreme Court considered that because the decision of a foreign / English Court...

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Today’s Legal Enlightenment (Monday, 05 September 2022)

Today's Legal Enlightenment (Monday, 05 September 2022) - "MA DECISION REGARDING CRIMINAL ACTIONS BY CORPORATIONS" Even though the defendant's action occurred individually because of the defendant's mens rea, because the action was solely for the corporation's benefit, the Supreme Court...

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Today’s Legal Enlightenment (Sunday, 04 September 2022)

Today's Legal Enlightenment (Sunday, 04 September 2022) Progressive law and progressive legal science always want to be faithful to the principle that "LAW IS FOR HUMANS" because human life is full of dynamics and changes from time to time. "Satjipto Rahardjo" Kind regards, Fredrik J....

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Today’s Legal Enlightenment (Friday, 02 September 2022)

Today's Legal Enlightenment (Friday, 02 September 2022) - STATE ADMINISTRATIVE (TUN) JUDGES PRIORITIZE SUBSTANTIVE JUSTICE OVER FORMAL JUSTICE With the issuance of Supreme Court Circular Letter No. 1 of 2017, the Supreme Court's legal stance has affirmed that State Administrative (TUN) Judges...

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Today’s Legal Enlightenment (Thursday, 01 September 2022)

Today's Legal Enlightenment (Thursday, 01 September 2022) - "GOODS PURCHASED AT A PRICE THAT DOES NOT MATCH THE MARKET PRICE SHOULD BE SUSPECTED TO BE OBTAINED FROM CRIMES" The defendant was proven to have committed a criminal act of receiving stolen property for purchasing 1 (one) unit of Toshiba...

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Today’s Legal Enlightenment (Wednesday, 31 August 2022)

Today's Legal Enlightenment (Wednesday, 31 August 2022) - EXCEPTION TO BANKING SECRECY AFTER THE CONSTITUTIONAL COURT'S DECISION The Constitutional Court, in Decision No. 64/PUU-X/2012, opines that to protect the rights of a husband and/or wife on joint assets deposited in the bank by the husband...

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Today’s Legal Enlightenment (Tuesday, 30 August 2022)

Today's Legal Enlightenment (Tuesday, 30 August 2022) - THE BUYER CANNOT BE QUALIFIED AS A BUYER WITH GOOD FAITH BECAUSE THEY MADE THE PURCHASE CARELESSLY The buyer cannot be qualified as a buyer with good faith because they made the purchase carelessly. At the time of purchase, the buyer did not...

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Today’s Legal Enlightenment (Monday, 29 August 2022)

Today’s Legal Enlightenment (Monday, 29 August 2022) - A DECISION THAT LACKS SUFFICIENT CONSIDERATION SHOULD BE CANCELLED The decision that is ondoldoende gemotiveerd (lack of sufficient consideration) was canceled (i.c. after presenting the statements of the witnesses, the evidence presented)...

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Today’s Legal Enlightenment (Sunday, 28 August 2022)

Today’s Legal Enlightenment (Sunday, 28 August 2022) - GERRY SPENCE: "LAWYERS MUST BECOME EVOLVED PERSON BEFORE BECOMING A LAWYER Gerry Spence, a highly respected lawyer, criticized legal education in the United States for having lost the enthusiasm to educate aspiring legal professionals to have...

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Today’s Legal Enlightenment (Saturday, 27 August 2022)

Today’s Legal Enlightenment (Saturday, 27 August 2022) - THE WAY OF DOING LAW REQUIRES NOT ONLY THE USE OF RATIO (LOGIC) BUT ALSO CONSCIENCE OR COMPASSION The way of doing law does not only use ratio (logic) but also conscience or compassion. This is the entrance of morality, namely empathy,...

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Today’s Legal Enlightenment (Friday, 26 August 2022)

Today’s Legal Enlightenment (Friday, 26 August 2022) - REASON FOR ANNULMENT OF ARBITRATION AWARD It is true that an arbitration award can only be annulled if the elements as referred to in Article 70 of Law No. 30 of 1999 concerning arbitration are fulfilled. → Supreme Court Decision No....

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Today’s Legal Enlightenment (Thursday, 25 August 2022)

Today’s Legal Enlightenment (Thursday, 25 August 2022) - AGREEMENTS MADE THROUGH EMAIL CAN BE USED AS A LEGAL BASIS Agreements concerning work or development through electronic mail or email, in accordance with Article 1338 of the Civil Code, can be used as a basis by the parties in carrying out...

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Today’s Legal Enlightenment (Wednesday, 24 August 2022)

Today’s Legal Enlightenment (Wednesday, 24 August 2022) - CRIMINAL CASES CAN BE STOPPED BECAUSE THERE IS A SETTLEMENT BETWEEN THE VICTIM AND PERPETRATOR Judges can stop criminal cases based on the principles of balance, sense of justice, forgiveness, and expediency because there is a settlement...

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Today’s Legal Enlightenment (Tuesday, 23 August 2022)

Today’s Legal Enlightenment (Tuesday, 23 August 2022) - A DIVORCE CLAIM FILED BY A CHEATING HUSBAND IS INADMISSIBLE BECAUSE THE WIFE (DEFENDANT) HAS FORGIVEN AND REFUSED THE DIVORCE The divorce claim filed by the husband who is the cause of the problem is REJECTED. The Supreme Court considered...

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Today’s Legal Enlightenment (Monday, 22 August 2022)

Today’s Legal Enlightenment (Monday, 22 August 2022) - THE CANCELLATION OF A POWER OF ATTORNEY IS JUSTIFIABLE DESPITE THE PHRASE "FULL POWER OF ATTORNEY THAT CANNOT BE WITHDRAWN Although the power of attorney dated August 3, 1969, contains the phrase: "Full power of attorney that cannot be...

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Today’s Legal Enlightenment (Sunday, 21 August 2022)

Today’s Legal Enlightenment (Sunday, 21 August 2022) - PROGRESSIVE LAW: A LAW THAT APPLIES A FULL OF CONSCIENCE WAY OF LAW The law has a strong function in solving social problems and handling human issues. Legal education that is only busy teaching and dealing with legal regulations and...

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Today’s Legal Enlightenment (Saturday, 20 August 2022)

Today's Legal Enlightenment (Monday, 20 August 2022) - THE ACT OF ABANDONMENT CONSTITUTES DOMESTIC VIOLENCE Abandonment in the household constitutes an act of domestic violence and the perpetrator can be subject to criminal sanctions. → Prof. Dr. H. Muchsin, S.H., Supreme Court Justice, 2011. Kind...

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Today’s Legal Enlightenment (Friday, 19 August 2022)

Today’s Legal Enlightenment (Friday, 19 August 2022) - THE LIMITATION ON ADVOCATES’ IMMUNITY RIGHT The Constitutional Court decision states that Article 16 of the Advocates Law has no binding legal force as long as it is not interpreted as "Advocates cannot be prosecuted both civilly and...

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Today’s Legal Enlightenment (Thursday, 18 August 2022)

Today’s Legal Enlightenment (Thursday, 18 August 2022) - RATE OF INTEREST ESTABLISHED BY THE COURT In this case, the agreed interest is 20% a month. For humanitarian and justice considerations, the interest granted is 3% a month, in accordance with the interest on loans to State Banks at the time...

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Today’s Legal Enlightenment (Wednesday, 17 August 2022)

Today’s Legal Enlightenment (Wednesday, 17 August 2022) - DEFENDANT IS DISMISSED FROM ALL CHARGES BECAUSE HE WAS CONDUCTING AN OFFICE ORDER According to the Supreme Court, Frederick ST Siahaan, the former Director of Finance of PT Pertamina, signed a Sale & Purchase Agreement as guarantor...

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Today’s Legal Enlightenment (Tuesday, 16 August 2022)

Today’s Legal Enlightenment (Tuesday, 16 August 2022) - THE ELEMENTS OF ‘WITH A PLAN IN ADVANCE’ TO DEPRIVE ANOTHER PERSON OF THEIR LIFE Several written works have described the elements of “with a plan in advance,” which are: 1. Decision to conduct the will is made in a calm state.  2. There...

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Today’s Enlightenment (Monday, 15 August 2022)

Today’s Enlightenment (Monday, 15 August 2022) - CRITERIA FOR UNJUSTIFIED POLICE TESTIMONY In examining the aquo case, the police have an interest in the case to ensure that the case they are handling is successful in court, making their statements incriminating, cornering, or potentially...

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Today’s Enlightenment (Sunday, 14 August 2022)

Today’s Enlightenment (Sunday, 14 August 2022) - THE ELEMENT OF INTENTIONALLY DEPRIVING A PERSON OF THEIR LIFE IS FULFILLED WHEN THE PERPETRATOR ATTACKS THE VICTIM WITH TOOLS, SUCH AS SHARP WEAPONS AND FIREARMS, IN PARTS OF THE BODY THAT HAVE VITAL ORGANS, SUCH AS THE CHEST, STOMACH, AND HEAD....

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Today’s Legal Enlightenment (Saturday, 13 August 2022)

Today’s Legal Enlightenment (Saturday, 13 August 2022) - THE CLAIM IS INADMISSIBLE BECAUSE THE PLAINTIFF DID NOT INCLUDE THE PARTY WHO PARTICIPATED IN THE SALE OF THE DISPUTED INHERITANCE LAND In an inheritance dispute, the Supreme Court found a formal deficiency caused by the fact that the...

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Today’s Legal Enlightenment (Friday, 12 August 2022) 

Today's Legal Enlightenment (Friday, 12 August 2022) - DISPUTES REGARDING TAX COLLECTION MAY ONLY BE FILED TO THE TAX COURT Regarding tax collection, the Supreme Court decided that disputes regarding tax collection can only be submitted to the Tax Dispute Settlement Board (BPSP) based on Article...

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Today’s Legal Enlightenment (Thursday, 11 August 2022)

Today's Legal Enlightenment (Thursday, 11 August 2022) - THE BOARD OF DIRECTORS ARE NOT LABORERS OR EMPLOYEES AND THEREFORE ARE NOT ENTITLED TO SEVERANCE PAY According to the Supreme Court, the Plaintiff as a Director is not a laborer or worker as referred to in Article 1 point 3 of Law No. 13 of...

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Today’s Legal Enlightenment (Wednesday, 10 August 2022) 

Today’s Legal Enlightenment (Wednesday, 10 August 2022) - THE GRACE PERIOD TO FILE A CLAIM FOR THIRD PARTIES NOT DIRECTLY ADDRESSED BY A STATE ADMINISTRATION DECREE IS COUNTED ON A CASE-BY-CASE BASIS The grace period for a third party not directly addressed by a State Administration...

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Today’s Legal Enlightenment (Tuesday, 09 August 2022)

Today’s Legal Enlightenment (Tuesday, 09 August 2022) - THE PARTY AUTHORIZED TO ASSIST IN THE EXECUTION OF THE OBJECT OF FIDUCIARY GUARANTY IS THE STATE COURT The creditor cannot carry out their own forcible execution, for example by asking the police for help, if the default by the grantor of the...

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Today’s Legal Enlightenment (Monday, 08 August 2022)

Today’s Legal Enlightenment (Monday, 08 August 2022) - IN ARBITRATION, THE COUNTRY OF ORIGIN SHOULD BE CONSIDERED AS THE COUNTRY WHERE THE ARBITRATION AWARD IS DELIVERED These reasons cannot be justified because the Judex Juris did not make a real mistake. After all, "country of origin" must be...

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Today’s Legal Enlightenment (Sunday, 07 August 2022)

Today’s Legal Enlightenment (Sunday, 07 August 2022) - THE CLAIM IS NOT COMPLETE BECAUSE IT IS ONLY FILED TO ONE PERSON WHEN THERE ARE SEVERAL PEOPLE WHO CONTROL THE LAND Because the disputed lands are controlled not only by Defendant I but also by their siblings, the lawsuit should also be...

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Today’s Legal Enlightenment (Saturday, 06 August 2022)

Today’s Legal Enlightenment (Saturday, 06 August 2022) - THE PLAINTIFF IS NOT RESPONSIBLE FOR PROVING ALL CIRCUMSTANCES NOT DISPUTED BY THE DEFENDANT "There is no obligation for the Plaintiff to prove any circumstances that are not disputed." → Supreme Court Decision No. 127 K/Sip/1971, 23...

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Today’s Legal Enlightenment (Friday, 05 August 2022)

Today’s Legal Enlightenment (Friday, 05 August 2022) - THE DECISION WAS WRONG IN APPLYING THE LAW OF PROOF BECAUSE IT IS NOT IN LINE WITH THE PRINCIPLE OF AUDI ET ALTERAM PARTEM. The Judex Factie PTUN decision and the PTTUN decision have been annulled in the cassation examination because, in its...

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Today’s Legal Enlightenment (Thursday, 4 August 2022)

Today’s Legal Enlightenment  (Thursday, 4 August 2022) - "DEFINITION OF CROWN WITNESS AND THE SUPREME COURT'S DECISION REGARDING CROWN WITNESS" In the Supreme Court Decision No. 2437 K/Pid.Sus/2011, a Crown Witness is defined as a witness who comes from or is taken from one of the suspects or...

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Today’s Legal Enlightenment (Wednesday, 3 August 2022)

Today’s Legal Enlightenment (Wednesday, 3 August 2022) - IN SOME RESPECTS, THE APPLICATION OF CIVIL PROCEDURE LAW CAN STILL BE VIOLATED BY AN AGREEMENT BETWEEN PARTIES Although civil procedural law is the provision of public law, in some respects, it can still be violated by an agreement made by...

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Today’s Legal Enlightenment (Tuesday, 2 August 2022 )

Today’s Legal Enlightenment  (Tuesday, 2 August 2022 ) - "CHILDREN BORN OUT OF WEDLOCK ALSO HAVE A CIVIL RELATIONSHIP WITH THEIR FATHER'S FAMILY" Children born out of wedlock have a civil relationship with their mother and a man as their father, which can be proven based on science and technology...

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Today’s Legal Enlightenment  (Monday, 1 August 2022 )

Today’s Legal Enlightenment  (Monday, 1 August 2022 ) - “A COOPERATION AGREEMENT ONLY BINDS ON THE PARTIES IN IT BECAUSE IT IS WRONG TO INCLUDE THE OTHER PARTIES IN THE LAWSUIT” A cooperation agreement, based on Article 1340 of the Civil Code, is only binding on parties to the agreement....

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Today’s Legal Enlightenment  (Sunday, 31 July 2022) 

Today’s Legal Enlightenment  (Sunday, 31 July 2022) - “A DECISION WITHOUT A CLEAR CONSIDERATION MAY CREATE NEGLIGENCE IN THE PROCEEDING” A decision not included with clear considerations or reasons required by the law can result in negligence in the proceeding (vormverzuim). Not giving/lacking...

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Today’s Legal Enlightenment  (Saturday, 30 July 2022)

Today’s Legal Enlightenment  (Saturday, 30 July 2022) - “POWER OF ATTORNEY MADE ABROAD MUST BE LEGALIZED AT THE LOCAL EMBASSY”  The validity of a power of attorney made abroad is determined by the fulfillment of formal requirements and its legalization by the local Indonesian Embassy....

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Today’s Legal Enlightenment  (Friday, 29 July 2022 )

Today’s Legal Enlightenment  (Friday, 29 July 2022 ) - “A LEGAL RELATIONSHIP BASED ON A FINANCING AGREEMENT DOES NOT INCLUDE CONSUMER DISPUTES IF THE PARTIES TO THE AGREEMENT ARE IN DISPUTE” The legal relationship between the Plaintiff and the Defendant was based on a joint financing agreement...

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Today’s Legal Enlightenment (Thursday, 28 July 2022)

Today’s Legal Enlightenment (Thursday, 28 July 2022) - “UNILATERAL TERMINATION OF AGREEMENT IS AN UNLAWFUL ACT” The Defendant’s action of unilaterally terminating the agreement they made with the Plaintiff is qualified as an unlawful act because it is contrary to Article 1338 of the Civil Code,...

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Today’s Legal Enlightenment (Wednesday, 27 July 2022)

Today’s Legal Enlightenment (Wednesday, 27 July 2022) - “A LAWSUIT IS INADMISSIBLE BECAUSE IT WAS FILED BY A PERSON WHO HAS NO LEGAL RELATIONSHIP” A civil lawsuit must be filed by a person/legal subject who has a legal relationship to the disputed issue and not by another person (the principle...

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Today’s Legal Enlightenment (Tuesday, 26 July 2022)

Today’s Legal Enlightenment ( Tuesday, 26 July 2022) - “THE DEFINITION OF CO-DEFENDANT” A co-defendant is a person who does not have control of an object but, for the sake of the formality of the lawsuit, must be involved in the petitum as a party who submits and obeys the decision of the civil...

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 Today’s Legal Enlightenment (Monday, 25 July, 2022)

Today’s Legal Enlightenment (Monday, 25 July, 2022) - “THE DEED DOES NOT HAVE THE POWER OF EXECUTION BECAUSE IT VIOLATES THE ADAGIUM” The adagium states that a deed (authentic or private) contains only one legal action. If there is a deed containing two legal actions (acknowledgment of...

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Today’s Legal Enlightenment (Sunday, 24 July, 2022)

Today’s Legal Enlightenment (Sunday, 24 July, 2022) - “THE CLAIM AGAINST THE DEFENDANT AS A PRIVATE PERSON CANNOT BE ACCEPTED BECAUSE THE ACT WAS PERFORMED AS AN OFFICIAL” The claim must be declared unacceptable because the claim is directed against a private defendant, while the claim is about...

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Today’s Legal Enlightenment (Saturday, 23 July, 2022)

 Today’s Legal Enlightenment (Saturday, 23 July, 2022) - “NOT THE COMPETENCE OF THE STATE ADMINISTRATIVE COURT” The State Administrative Court is not authorized to examine claims for annullment of land rights certificates that are still involved in inheritance disputes. Supreme Court Decision...

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Today’s Legal Enlightenment (Friday, 22 July, 2022)

Today’s Legal Enlightenment (Friday, 22 July, 2022) - “THE RELATIONSHIP BETWEEN THE FACTUAL GROUNDS AND THE PRAYERS OF THE CLAIM” The prayers of a civil claim must be based on and supported by the factual grounds/the arguments of the claim which are clearly described, so that the relationship...

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  Today’s Legal Enlightenment (Wednesday, 20 July, 2022)

Today’s Legal Enlightenment (Wednesday, 20 July, 2022) - “THE EVIDENTIARY POWER OF A CRIMINAL COURT DECISION” A decision from a criminal court has perfect evidentiary power in a civil case process, both against the convict himself and against a third party, without closing the submission of...

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 Today’s Legal Enlightenment (Tuesday, 19 July, 2022)

Today’s Legal Enlightenment (Tuesday, 19 July, 2022) - “THE JURIDICAL PROBLEM OF FAKE VEHICLE REGISTRATION CERTIFICATE” The Accused from the beginning deliberately gave false (fake) information to the LLAJR Service Officer about the condition of his car. With reference to the Accused’s statement,...

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Today’s Legal Enlightenment (Monday, 18 July, 2022)

Today’s Legal Enlightenment (Monday, 18 July, 2022) - “THE TRANSFER OF THE DEBTOR’S DEBT IS NOT REQUIRED TO BE NOTIFIED BY THE CREDITOR TO THE DEBTOR” There is no regulation that requires the parties involved in the “Sell and Purchase of Receivables” to notify the Debtor that the debt has been...

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Today’s Legal Enlightenment (Sunday, 17 July, 2022)

 Today’s Legal Enlightenment (Sunday, 17 July, 2022) “CLAIMS FOR COMPENSATION MUST BE SUPPORTED BY EVIDENCE” The Plaintiff’s claim regarding compensation because it is not supported by evidence must be rejected. Supreme Court Decision No. 558 K/Sip/1980 dated May 28, 1983 “CLAIMS FOR...

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Today’s Legal Enlightenment (Saturday, 16 July, 2022)

Today’s Legal Enlightenment (Saturday, 16 July, 2022) - “NO NE BIS IN IDEM BECAUSE THE PARTIES ARE DIFFERENT” If in a new case it turns out that the party is different from the party in the case that has been adjudicated beforehand, then there is no ne bis in idem. Supreme Court Decision...

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Today’s Legal Enlightenment (Friday, 15 July, 2022)

Today’s Legal Enlightenment (Friday, 15 July, 2022) - “A DECISION THAT BASED ON A DECISION THAT HAS NOT BEEN FINALIZED IS NOT APPROPRIATE” In considering a case by showing a decision that is not yet clear, whether the decision has legal force or not, it is not appropriate to use it as a basis for...

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 Today’s Legal Enlightenment (Thursday, 14 July, 2022)

Today’s Legal Enlightenment (Thursday, 14 July, 2022) - “STATE FINANCES IN SOES” The Defendants were employees of the ticketing division of Garuda Indonesia (Persero). The Denpasar District Court punished them of abusing their authority in determining ticket refunds. The decision was strengthened...

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Today’s Legal Enlightenment (Wednesday, 13 July, 2022)

Today’s Legal Enlightenment (Wednesday, 13 July, 2022) - “ATTORNEY’S RESPONSIBILITY” So according to the principle of contract law, the Authorizer is fully responsible for all legal actions conducted by the Attorney on the condition that the actions he/she does are in accordance with the matters...

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Today’s Legal Enlightenment (Tuesday, 12 July, 2022)

Today’s Legal Enlightenment (Tuesday, 12 July, 2022) - “THE COMPANY RESPONSIBILITY” At the Appeal to the High Court level, there is legal consideration stating that the action of the Board of Directors of PT Bank PDI which drew a blank cheque on behalf of the Bank in dishonest intentions and...

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Today’s Legal Enlightenment (Monday, 11 July, 2022)

Today’s Legal Enlightenment (Monday, 11 July, 2022) - “THE OPPOSITE PARTY ITSELF IS NOT FULFILLING ITS OBLIGATIONS” The party who is demanded by the opposing party to fulfill the obligations according to the agreement can defend itself by arguing that the opposing party itself has not fulfilled...

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 Today’s Legal Enlightenment (Sunday, 10 July, 2022)

Today’s Legal Enlightenment (Sunday, 10 July, 2022) - “EVIDENCE IN THE FORM OF A PHOTOCOPY” Because Judex Facti based its decision on documents of evidence consisting of photocopies which were not legally stated to be in accordance with the original, while there were some important ones...

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Today’s Legal Enlightenment (Saturday, 9 July, 2022)

Today’s Legal Enlightenment (Saturday, 9 July, 2022) - “THE PARTY ENTITLED TO FILE A LAWSUIT” The person acting as the seller’s attorney in the sale and purchase, cannot personally (without a specific power of attorney from the seller) file a lawsuit against the buyer, the lawsuit must be declared...

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Today’s Legal Enlightenment (Friday, 8 July, 2022)

  Today’s Legal Enlightenment (Friday, 8 July, 2022) - “MILITARY COURT AUTHORIZED TO ADJUDICATE CORRUPTION CASES COMMITTED BY SOLDIERS” Military Court adhere to the principle of personality which emphasizes the subject of criminal acts, not their actions so that the Military Court has the...

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 Today’s Legal Enlightenment (Thursday, 7 July, 2022)

Today’s Legal Enlightenment (Thursday, 7 July, 2022) - “PRIORITY RIGHT” As long as the person concerned occupies the object of dispute continuously, he/she will get priority right over the object even though the right to use the building has expired. Supreme Court Decision No. 1771 K/Pdt/2019...

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Today’s Legal Enlightenment (Wednesday, 6 July, 2022)

 Today’s Legal Enlightenment (Wednesday, 6 July, 2022) - “NOTARY DEED” Considering that the Notary basically only records what is stated by the party who appears before his/her and is not required to investigate the material truth of its contents, it is not appropriate for the judge to annul it...

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Today’s Legal Enlightenment (Tuesday, 5 July, 2022)

Today’s Legal Enlightenment (Tuesday, 5 July, 2022)- “DIRECTORS’ PERSONAL RESPONSIBILITY” Debts made by the Board of Directors without the approval of the Board of Commissioners as required by the Articles of Association are the personal responsibility of the Board of Directors. Supreme Court...

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Today’s Legal Enlightenment (Monday, 4 July, 2022)

Today’s Legal Enlightenment (Monday, 4 July, 2022) - “DIRECTORS’ PERSONAL RESPONSIBILITY” The responsibilities of a company can be borne by the management if actions on behalf of the company contain conspiracy in bad faith which causes losses to other parties. Supreme Court Decision No. 1916...

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Today’s Legal Enlightenment (Sunday, 3 July, 2022)

Today’s Legal Enlightenment (Sunday, 3 July, 2022) - “LIABILITY FOR DEBTS INCURRED DURING MARRIAGE” For family debts (for the benefit of the family) even if the debt is made by the husband himself or wife herself, the other party (husband/wife) is also responsible for his/her personal assets....

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Today’s Legal Enlightenment (Saturday, 2 July, 2022)

Today’s Legal Enlightenment (Saturday, 2 July, 2022) - “PROCESS WAGES IN LABOR DISPUTES” The decision of the Industrial Relations Court at the Makassar District Court needs to be corrected as far as the processing wage is concerned, namely that the processing wage during a dispute is 6 (six)...

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Today’s Legal Enlightenment (Friday, 1 July, 2022)

 Today’s Legal Enlightenment (Friday, 1 July, 2022) - “DOUBLE CERTIFICATE” If there are multiple certificates on the same land, the strongest evidence of rights is the certificate of title which was issued first. This has become permanent precedent because the Supreme Court has consistently...

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Today’s Legal Enlightenment (Thursday, 30 June, 2022)

 Today’s Legal Enlightenment (Thursday, 30 June, 2022) - “TWO DIFFERENT LAWSUITS AGAINST THE SAME OBJECT” The object of this case is the same as the object of case No. 12/Pdt.G/1986/PN.Sbr and the arguments of the Plaintiff’s lawsuit that have been presented are in fact the same as the...

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Today’s Legal Enlightenment (Wednesday, 29 June, 2022)

Today’s Legal Enlightenment (Wednesday, 29 June, 2022) - “THE CLAIM IS UNACCEPTABLE” (The case of YAPI Foundation) If in the claim, the plaintiff’s factual ground regarding unlawful act while the in the prayers does not state that it has been proven to have conducted unlawful act, then the factual...

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Today’s Legal Enlightenment (Tuesday, 28 June, 2022)

Today’s Legal Enlightenment (Tuesday, 28 June, 2022) - “THE CLAIM IS NOT PERFECT” The case of Avalokhitesvara Foundation) The claim was not perfect because it was only submitted by the chairman and assistants of the foundation, while the secretary of the foundation did not sign it, moreover it was...

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 Today’s Legal Enlightenment (Monday, June 27, 2022)

 Today’s Legal Enlightenment (Monday, June 27, 2022) - “GOOD FAITH IN A CONTRACT” Because of the impropriety or injustice of performance borne by one of the parties, it is clear that the principle of good faith which is the main element in the implementation of the contract has been violated, so...

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Today’s Legal Enlightenment (Sunday, June 26, 2022)

Today’s Legal Enlightenment (Sunday, June 26, 2022) - “PLENARY MANAGEMENT AS THE HIGHEST RIGHT OF THE FOUNDATION” The case of Taruna Bakti Foundation) The Plenary Management Meeting is valid even though it is not attended by the General Chairman but has fulfilled the quorum. Supreme Court Decision...

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Today’s Legal Enlightenment (Saturday, June 25, 2022)

Today’s Legal Enlightenment (Saturday, June 25, 2022) - “THE DISBANDMENT OF THE FELLOWSHIP BODY MUST BE IN A CONGRESS - THE CASE OF THE BETHEL TABERNACLE CHURCH, CIREBON” With the resignation of Defendant 1 and his followers, it does not mean that the Bethel Tabernacle Church Fellowship...

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Today’s Legal Enlightenment (Friday, June 24, 2022)

Today’s Legal Enlightenment (Friday, June 24, 2022) - “SALES OF SECURITY GOODS” Security goods can only be sold through auction. The Bank is not entitled to sell the land that is pledged to the Bank without the permission of the owner. The transfer of land rights based on an absolute power of...

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Today’s Legal Enlightenment (Thursday, June 23, 2022)

Today’s Legal Enlightenment (Thursday, June 23, 2022) - “APPLICATION FOR BANKRUPTCY BY FIDUCIARY RECIPIENTS AS CREDITORS” Whereas even though the applicant for bankruptcy is a Fiduciary Recipient as a Creditor, he/she can submit an Application for a Declaration of Bankruptcy to the Commercial...

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Today’s Legal Enlightenment (Wednesday, June 22, 2022)

 Today’s Legal Enlightenment (Wednesday, June 22, 2022) - “THE OBLIGATION TO PROVIDE LIVELIHOOD” The obligation of a father to provide a living for his child is lilintifa, not li-tamlik, so the negligence of a father who does not provide a living for his child...

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Today’s Legal Enlightenment (Tuesday, June 21, 2022)

Today’s Legal Enlightenment (Tuesday, June 21, 2022) - “INTERFAITH MARRIAGE” The Surabaya District Court legalized interfaith marriages for Muslim and Christian couples. The judge ordered Population and Civil Registration Agency to register the marriage. This is stated in Court Order No....

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Today’s Legal Enlightenment (Monday, June 20, 2022)

Today’s Legal Enlightenment (Monday, June 20, 2022) - “APPLICATION FOR DETERMINATION OF HEIRS” Applications for determination of heirs must be submitted by all heirs or by some heirs who are authorized by other heirs. If it is known that there are heirs who do not give authorization, the case must...

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Today’s Legal Enlightenment (Sunday, June 19, 2022)

  Today’s Legal Enlightenment (Sunday, June 19, 2022) - “MANDATORY WILL/WASIAT WAJIBAH” Non-Muslim heirs can still inherit from the inheritance of heirs who are Muslim. Inheritance is carried out using a mandatory will/wasiat wajibah, where the share of children who are not Muslim gets the same...

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Today’s Legal Enlightenment (Saturday, June 18, 2022)

Today’s Legal Enlightenment (Saturday, June 18, 2022) - “STRICT LIABILITY IN THE EVENT OF A LAND FIRE” Land and forest fires within the permit area of a forest area management company include activities that must be subject to strict liability according to Article 88 of the Environmental Law....

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Today’s Legal Enlightenment (Friday, June 17, 2022)

Today’s Legal Enlightenment (Friday, June 17, 2022) - “QUALIFICATION OF NE BIS IN IDEM LAWSUIT” The qualification of the ne bis in idem lawsuit is not based on the criteria for the equality of the disputed parties but on the similarity of the legal events that are the subject of the dispute that...

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Today’s Legal Enlightenment (Thursday, June 16, 2022)

Today’s Legal Enlightenment (Thursday, June 16, 2022) - “THE ISSUE OF AUTHORITY IN ADJUDICATION” Although the dispute occurs as a result of an official’s decree letter, but the case involves proving ownership of the land, the lawsuit must be submitted first to the general court because it is a...

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Today’s Legal Enlightenment (Wednesday, June 15, 2022)

Today’s Legal Enlightenment (Wednesday, June 15, 20220 - “FOUNDATION MANAGEMENT” Foundation that is approved by the founders are valid and all activities conducted based on the amendments to the Articles of Association are binding on the founders and management of the Foundation. Acts committed by...

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Today’s Legal Enlightenment (Tuesday, June 14, 2022)

 Today’s Legal Enlightenment (Tuesday, June 14, 2022) - “PROHIBITION OF LAND CLEARING BY BURNING” Review to the Supreme Court Respondent (PT Surya Panen Subur) must bear civil liability even though Review to the Supreme Court Respondent has a business license, because a business license cannot...

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Today’s Legal Enlightenment (Monday, June 13, 2022)

Today’s Legal Enlightenment (Monday, June 13, 2022) - “EXECUTION OF INHERITANCE” In implementing the Judge’s Decision which has permanent legal force and execution power, if the separation and distribution of inheritance cannot be carried out in the form of goods, then the inheritance must be sold...

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Today’s Legal Enlightenment (Sunday, June 12, 2022)

Today’s Legal Enlightenment (Sunday, June 12, 2022) - “PARTIES OUTSIDE OF AN AGREEMENT HAVE NO LEGAL STANDI IN JUDICIO” Judex Facti has granted the Plaintiff’s claim (Abu Tholib) even though he is not a party to the agreement dated 20 October 2003. According to the Supreme Court the Plaintiff is...

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Today’s Legal Enlightenment (Saturday, June 11, 2022)

Today’s Legal Enlightenment (Saturday, June 11, 2022) - “THE AUTHORITY OF A CREDITOR IN A SYNDICATED BANK LOAN IN RELATION TO BANKRUPTCY” One of the creditors in giving the “syndicated loan” without the approval of the majority of creditors is not authorized to take legal action alone to file...

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Today’s Legal Enlightenment (Friday, June 10, 2022)

Today’s Legal Enlightenment (Friday, June 10, 2022) - “CRITERIA FOR VIOLENCE” Doing act of violence openly, that is not in secret, it is not necessary in public. It is enough if there is a possibility that other people can see it. Supreme Court Decision No. 10 K/Kr/1975...

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Today’s Legal Enlightenment (Thursday, June 9, 2022)

Today’s Legal Enlightenment (Thursday, June 9, 2022) - “THE ELEMENT OF TAKING IN THE CRIME OF THEFT” The element of taking in the crime of theft does not have to be fulfilled with the act of taking away, but it is sufficient if the object of the Accused’s actions is already under full control by...

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Today’s Legal Enlightenment (Wednesday, June 8, 2022)

Today’s Legal Enlightenment (Wednesday, June 8, 2022)-“CLAIM REGARDING INTEREST MONEY” The claim for interest money, because it was not explicitly agreed upon, cannot be granted. Supreme Court Decision No. 1321 K/Sip/1973dated May 13, 1975 Regards, Fredrik J. Pinakunary

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 Today’s Legal Enlightenment (Tuesday, June 7, 2022)

Today’s Legal Enlightenment (Tuesday, June 7, 2022) - “FRAUD CRIME” The act which is an element of Article 378 of the Criminal Code concerning fraud is to persuade people to make debts or write off receivables, instead of persuading people to give loans. So the act that is alleged to the applicant...

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Today’s Legal Enlightenment (Monday, June 6, 2022)

Today’s Legal Enlightenment (Monday, June 6, 2022) - “TENANT’S RIGHTS” Based on Article 1567 of the Civil Code, it can be concluded that the tenant of the house has the right to make something on the house that he rents (in this case, the owner of the house without permission from the tenant has...

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Today’s Legal Enlightenment (Sunday, June 5, 2022)

Today’s Legal Enlightenment (Sunday, June 5, 2022) - “A LAWSUIT TO CLAIM BACK THE PROPERTY OF DIVORCE SETTLEMENT” A lawsuit to claim back the property of divorce settlement from a third party who illegally controls it, does not have to be filed by husband and wife together, but can be filed by the...

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Today’s Legal Enlightenment (Saturday, June 4, 2022)

Today’s Legal Enlightenment (Saturday, June 4, 2022) - “THE CLAIM’S ARGUMENT CONTRADICTS THE MERIT OF THE CASE” In the event that the original plaintiff’s arguments are inconsistent with/contrary to the merit of the case and because the judex facti does not provide sufficient reasons or...

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Today’s Legal Enlightenment (Friday, June 3, 2022)

Today’s Legal Enlightenment (Friday, June 3, 2022) - “CLAIM FOR DAMAGES” Damages do not always have to be in the form of material damages but are also interpreted if its have the potential to threaten the rights and interests of other parties. Supreme Court Decision No. 1022 K/Pdt/2006 dated...

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Today’s Legal Enlightenment (Thursday, June 2, 2022)

Today’s Legal Enlightenment (Thursday, June 2, 2022) - “LOAN INTEREST THAT MUST BE ADJUSTED TO THE GOVERNMENT BANK INTEREST” Although it has been agreed by both parties that the borrower is required to pay interest of 2.5% every month, this interest needs to be adjusted to the prevailing interest...

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Today’s Legal Enlightenment (Wednesday, June 1, 2022)

  Today’s Legal Enlightenment (Wednesday, June 1, 2022) - “COOPERATION AGREEMENT” A cooperation agreement in accordance with the provisions of Article 140 of the Civil Code is only binding on those who make it and it is wrong to involve other parties. Supreme Court Decision No. 1270...

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  Today’s Legal Enlightenment (Tuesday, May 31, 2022)

Today’s Legal Enlightenment (Tuesday, May 31, 2022) - “THE PERIOD OF APPLICATION FOR RESISTANCE TO THE ARBITRATOR’S AWARD” An application for resistance to annul the Arbitrator’s award is a formal defect if it is submitted beyond the 30-day grace period. Supreme Court Decision No. 2733...

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Today’s Legal Enlightenment (Monday, May 30, 2022)

Today’s Legal Enlightenment (Monday, May 30, 2022) - “THE PROCEDURAL LAW OF APPEALS EXAMINATION” Although only one person filed an appeal, in this case Plaintiff 2, the High Court must examine and decide all cases. Supreme Court Decision No. 155 K/Sip/1973 dated June 25, 1973 Regards, Fredrik...

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Today’s Legal Enlightenment (Sunday, May 29 2022)

Today’s Legal Enlightenment (Sunday, May 29 2022) - “THE CLAIM FOR LAWYER’S FEE CANNOT BE GRANTED” Because HIR does not require that there be authorization to the Advocate, the claim regarding attorney’s fee plus 10% commission plus 20% sales tax commission cannot be granted. Supreme Court...

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Today’s Legal Enlightenment (Saturday, May 28, 2022)

Today’s Legal Enlightenment (Saturday, May 28, 2022) - “HOUSE RENT” The right of the lessee to dismantle and take his belongings that are in the object he is renting as referred to in Article 1567 BW can only be exercised when he leaves the object he is renting, and not after that. Supreme Court...

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 Today’s Legal Enlightenment (Friday, May 27, 2022)

Today’s Legal Enlightenment (Friday, May 27, 2022) - “THE DIFFERENCE BETWEEN NOODTOESTAND AND ONGEOORLOOFDE OORZAK” Noodtostand (a coercive condition that has arisen not due to human actions) as regulated in Articles 1244 and 1245 BW is assessed at the time of execution of the agreement....

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Today’s Legal Enlightenment (Thursday, May 26 2022)

Today’s Legal Enlightenment (Thursday, May 26 2022) - “GRANTS RELATED TO JOINT PROPERTY” Article 124 paragraph 3 of the Civil Code prohibits husbands from giving grant a part of the joint property without the consent of his wife, except to give a position to children born from their marriage....

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Today’s Legal Enlightenment (Wednesday, May 25, 2022)

Today’s Legal Enlightenment (Wednesday, May 25, 2022) - “TESTIMONY OF WITNESSES WHO ARE NOT SWORN” Based on Article 303 HIR, witness statements given in court without an oath can be used in addition to the related evidentiary; in this case the statements of the Appeal to the Supreme Court...

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Today’s Legal Enlightenment (Tuesday, May 24, 2022)

  Today’s Legal Enlightenment (Tuesday, May 24, 2022) - “HOUSE RENT” To be able to considered “geheel en al vergaan” as referred to in Article 1553 BW, it is not necessary for the goods in question to be completely destroyed, but it is sufficient if the goods have been changed/damaged in such a...

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 Today’s Legal Enlightenment (Monday, May 23, 2022)

Today’s Legal Enlightenment (Monday, May 23, 2022) - “CLAIMS FOR THE RETURN OF GOODS THAT HAVE BEEN DEPOSITED” A claim for the return of the goods that have been deposited and if the goods are no longer available, asking the price to be replaced, is a claim which is not odd according to law and...

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Today’s Legal Enlightenment (Sunday, May 22 2022)

Today’s Legal Enlightenment (Sunday, May 22 2022) - “LETTER C WHICH CANNOT BE USED AS PROOF OF RIGHTS” Notes from the Letter C Book cannot be used as evidence of ownership right supported by other evidence. Supreme Court Decision No. 84 K/Sip/1973 dated June 25, 1973 Regards, Fredrik J....

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Today’s Legal Enlightenment (Saturday, May 21 2022)

Today’s Legal Enlightenment (Saturday, May 21 2022) - “EVIDENTIARY SYSTEM” In civil procedural law, there is no need for a judge’s conviction. In this case the District Court considered that “according to the law and our belief” the Opposition should be rejected. Supreme Court Decision...

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Today’s Legal Enlightenment (Friday, May 20, 2022)

Today’s Legal Enlightenment (Friday, May 20, 2022) - “RENT A HOUSE” A claim to stop renting a house yard on the grounds that the party who rents out will use the yard himself, based on Article 1579 BW must be declared unacceptable, unless at the time of making the agreement, this has been agreed...

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 Today’s Legal Enlightenment (Thursday, May 19, 2022)

Today’s Legal Enlightenment (Thursday, May 19, 2022) - “DISTRIBUTION OF INHERITANCE” The distribution of inheritance, even though it is known by the Village Head, but is not conducted in front of a Notary, is not attended by all heirs and not all heirs have received a share, must be canceled and...

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 Today’s Legal Enlightenment (Wednesday, May 18, 2022)

 Today’s Legal Enlightenment (Wednesday, May 18, 2022) - “The complaint is withdrawn but the accused can still be prosecuted” Because this case is not about the complaint offense, the accused can still be prosecuted even if the witness who made the complaint has withdrawn his complaint. Supreme...

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Today’s Legal Enlightenment (Tuesday, May 17, 2022)

Today’s Legal Enlightenment (Tuesday, May 17, 2022) - “Responsibilities of firm members to third parties” In the firm, all the firm’s assets and the personal assets of each firm member can be used to pay the firm's debts. Supreme Court Decision No. 1104 K/Sip/1973 dated August 19, 1975...

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Today’s Legal Enlightenment (Monday, May 16, 2022)

Today’s Legal Enlightenment (Monday, May 16, 2022) - “THE CRIME OF EMBEZZLEMENT BY THE ORGANIZER OF THE SOCIAL GATHERING” The Accused as the organizer of the social gathering in this case, because she did not deliver the collected social gathering money to the entitled members, had embezzled and...

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Today’s Legal Enlightenment (Sunday, May 15, 2022)

Today’s Legal Enlightenment (Sunday, May 15, 2022) - “LEASE TERMINATION” The sale of land does not result in the termination of the existing lease agreement between the tenant and the old land owner. Supreme Court Decision No. 313 K/Sip/1960 dated October 19, 1960 Regards, Fredrik J....

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 Today’s Legal Enlightenment (Saturday, May 14, 2022)

 Today’s Legal Enlightenment (Saturday, May 14, 2022) - “THE CRIMINAL ACT OF RECEIVING STOLEN PROPERTY” The examination of the criminal act of receiving stolen property does not need to wait for a decision regarding the crime that resulted in the stolen property. Supreme Court Decision...

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 Today’s Legal Enlightenment (Friday, May 13, 2022)

 Today’s Legal Enlightenment (Friday, May 13, 2022) - “NEGLIGENCE THAT CAUSES INJURY TO OTHERS” The criminal act in Article 360 of the Criminal Code is: “Because of his negligence, people are injured so they temporarily cannot carry out their work.” Supreme Court Decision No. 83 K/Kr/1973...

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Today’s Legal Enlightenment ( Thursday, May 12, 2022)

Today’s Legal Enlightenment (Thursday, May 12, 2022) - “HOW TO GRANT” The grant of disputed goods by the late Yauw Ta Nioe is invalid and must be declared null and void, because the grant was not made by a Notary deed, contrary to Article 1682 BW. Supreme Court Decision No. 1055 K/Sip/1975...

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Today’s Legal Enlightenment (Wednesday, May 11, 2022)

  Today’s Legal Enlightenment (Wednesday, May 11, 2022) - “INVALID EXTRAORDINARY GENERAL MEETING OF SHAREHOLDERS” Although the Extraordinary General Meeting Of Shareholders (“EGMS”) of the Limited Liability Company held on 13 February 1971 was attended by all shareholders, but because the number...

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Today’s Legal Enlightenment ( Tuesday, May 10, 2022)

Today’s Legal Enlightenment (Tuesday, May 10, 2022) - “A LAWSUIT AGAINST A DEBT GUARANTOR” A lawsuit against a debt guarantor can be made; Guarantee is a separate legal relationship to the party given the guarantee. Supreme Court Decision No. 917 K/Sip/1973 dated September 23, 1975 Regards,...

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Today’s Legal Enlightenment ( Monday, May 9, 2022)

Today’s Legal Enlightenment (Monday, May 9, 2022) - “RENT FOR FIXED OBJECT” Demolishing, modify and to build buildings is the right of the owner, not the right of the tenant. The court cannot give permission to build, demolish and modify buildings to tenants. Supreme Court Decision No. 1400...

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Today’s Legal Enlightenment ( Sunday, May 8, 2022)

Today’s Legal Enlightenment (Sunday, May 8, 2022) - “REGARDING THE SECURITY SEIZURE” Based on Article 197 paragraph 8 HIR, security seizure is not allowed to confiscate the equipment needed by the confiscated to run his company (i.c. has confiscated a truck needed to run a trading business)....

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Today’s Legal Enlightenment ( Saturday, May 7, 2022)

Today’s Legal Enlightenment (Saturday, May 7, 2022) - “RENT FOR FIXED OBJECT” Because the plaintiff bought the building while it is filled with the defendant with the right to rent, the plaintiff could not demand the vacancy on the grounds that he already owned and needed the rooms used by the...

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Today’s Legal Enlightenment (Friday, May 6, 2022)

Today’s Legal Enlightenment (Friday, May 6, 2022) - “FREEDOM OF CONTRACT PRINCIPLE” In the freedom of contract principle, the judge is authorized to represent and declare that the position of the parties is in an unequal position, so that one party is considered not free to express his will. In an...

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Today’s Legal Enlightenment ( Thursday, May 5, 2022)

Today’s Legal Enlightenment (Thursday, May 5, 2022) - “THE CRIME OF HELPING TO EMBEZZLE” The Accused as an assistant cannot be found guilty only based on presupposition because the element of intentionality in providing assistance as referred to in Article 56 paragraph 1 of the Criminal Code...

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Today’s Legal Enlightenment ( Wednesday, May 4, 2022)

Today’s Legal Enlightenment (Wednesday, May 4, 2022) - “THE PROPER LATE FINE” Regarding the amount of the fine for late payment of 10% every month of the remaining principal debt, even though it was agreed upon, according to the Supreme Court such a fine is deemed inappropriate because it is...

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Today’s Legal Enlightenment ( Tuesday, May 3, 2022)

Today’s Legal Enlightenment (Tuesday, May 3, 2022) - “THE DEMURRER IN JURISDICTION IS GRANTED, SO THE COURT DOES NOT NEED TO CONSIDER FURTHER REGARDING THE CLAIM” Because the demurrer of Defendants I, II, III and IV are deemed appropriate and grounded according to law, the court does not need to...

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Today’s Legal Enlightenment ( Monday, May 2, 2022)

Today’s Legal Enlightenment (Monday, May 2, 2022) - “THE EVIDENCE IS RETURNED TO THE ACCUSED WHO IS ACQUITTED” In the event that the Accused is acquitted of all legal charges, then all evidence must be returned to the Accused. Supreme Court Decision No. 87 K/Kr/1970 dated March 3, 1971...

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Today’s Legal Enlightenment (Sunday, May 1, 2022)

Today’s Legal Enlightenment (Sunday, May 1, 2022) - “VALUATION OF MONEY MUST BE DONE USING THE GOLD PRICE” According to the Supreme Court’s jurisprudence, the assessment must be conducted using the gold price at the time the amount was determined by the District Court, namely on 11 July 1963 and...

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Today’s Legal Enlightenment (Friday, April 29, 2022)

Today’s Legal Enlightenment (Friday, April 29, 2022) - “DESTRUCTION OF OTHER PEOPLE'S PROPERTY” Destruction of other people's property on the Accused’s land is still a criminal act. Supreme Court Decision No. 1248 K/Pid/2019 dated December 19, 2019 Regards, Fredrik J....

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Today’s Legal Enlightenment (Thursday, April 28, 2022)

Today’s Legal Enlightenment (Thursday, April 28, 2022) - “GRAMMATICAL INTERPRETATION OF THE WORD ‘EVERY PERSON’” In using grammatical interpretation, the word ‘every person’ cannot be interpreted in the sense of anyone or everyone. It should carry out the classification of the subject...

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Today’s Legal Enlightenment ( Wednesday, April 27, 2022)

Today’s Legal Enlightenment (Wednesday, April 27, 2022) - “ERRORS IN APPLYING THE LAW” Legal considerations of the Panel of Judges based on statutory regulations that are no longer valid are an error in applying the law. Supreme Court Interlocutory Decision No. 848 K/Pdt.Sus./KPPU/2019 dated...

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Today’s Legal Enlightenment (Tuesday, April 26, 2022)

Today’s Legal Enlightenment (Tuesday, April 26, 2022) - “LIMITED LIABILITY COMPANY THAT HAS NOT BEEN ANNOUNCED IN THE STATE GAZETTE” The announcement of the Limited Liability Company in the State Gazette does not mean that the Limited Liability Company is not yet a legal entity, but its liability...

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Today’s Legal Enlightenment (Monday, April 25, 2022)

Today’s Legal Enlightenment (Monday, April 25, 2022) - “THE PARTIES THAT MUST BE SUED IF THE LIMITED LIABILITY COMPANY HAS NOT BEEN LEGALIZED” Because the “Limited Liability Company” in this case has not yet received legalization from the Minister of Justice as a legal entity, which legalization...

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Today’s Legal Enlightenment ( Sunday, April 24, 2022 )

“SHAREHOLDERS DO NOT NEED TO SIGN A POWER OF ATTORNEY” To be able to file a lawsuit, it is not necessary for a Limited Liability Company to first obtain a Specific Power of Attorney from the President Director and Shareholders, because Limited Liability Company as a legal entity can file a lawsuit...

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Today’s Legal Enlightenment (Saturday, April 23, 2022)

Today’s Legal Enlightenment (Saturday, April 23, 2022) - “ADDITIONAL EXAMINATION BY THE SUPREME COURT” The Supreme Court before making a final decision may stipulate in the Interlocutory Decision to conduct an Additional Examination conducted by the Supreme Court itself in order to clearly know...

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Today’s Legal Enlightenment (Friday, April 22, 2022)

   Today’s Legal Enlightenment (Friday, April 22, 2022) - “ADJUSTMENT SEIZURE (VERGELIJKENDE BESLAG)” If it is true that the goods seizured in this case, there is a conservatoir beslag in another case which does not yet have permanent legal force, an adjustment seizure/vergelijkended...

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 Today’s Legal Enlightenment (Thursday, April 21, 2022)

Today’s Legal Enlightenment (Thursday, April 21, 2022) - “PROFESSING OTHER PEOPLE'S GOODS AS HIS OWN FULFILLS THE ELEMENT OF EMBEZZLEMENT” The act of professing that something belonging to another person wholly or partially as his own, has fulfilled the elements of embezzlement, moreover the goods...

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Today’s Legal Enlightenment (Wednesday, April 20, 2022)

Today’s Legal Enlightenment (Wednesday, April 20, 2022) - CRIMINAL DECISION CAN BE USED AS THE BASIS FOR CIVIL LAWSUIT That because the Southeast Sulawesi High Court has wrongly applied the law due to the fault of the Respondent/Defendant which has been declared proven based on the Kendari...

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Today’s Legal Enlightenment (Tuesday, April 19, 2022)

 Today’s Legal Enlightenment (Tuesday, April 19, 2022)- “DISTRICT COURT SELECTED IN THE GROSSE DEED OF MORTGAGE” The District Court which is chosen as the domicile by the parties in the Grosse Deed of Mortgage, whose jurisdiction is located on the land which is the collateral, then this District...

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Today’s Legal Enlightenment (Monday, April 18, 2022)

Today’s Legal Enlightenment (Monday, April 18, 2022) - “OPPOSITION TO THE EXECUTION OF CIVIL DECISIONS” Judex Facti has acted wrongly because it has formally accepted the opposition lawsuit (verzet) filed by the Opponent on 26 November 1984, even though the civil case decision being opposed...

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 Today’s Legal Enlightenment (Sunday, April 17, 2022)

Today’s Legal Enlightenment (Sunday, April 17, 2022) - “PHOTOCOPY OF THE LETTER – ACKNOWLEDGED BY THE OPPONENT” A letter in the form of a photocopy that is submitted in court as evidence by one of the parties, both the Plaintiff and the Defendant, although the original letter cannot be shown at...

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Today’s Legal Enlightenment (Saturday, April 16, 2022)

Today’s Legal Enlightenment (Saturday, April 16, 2022) - “Execution of the auction being sued for alleged legal defects” To prove the existence of irregularities and violations of the Execution Auction regulations by the State Auction Office Official, the Executed party must file a lawsuit to the...

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 Today’s Legal Enlightenment (Friday, April 15, 2022)

 Today’s Legal Enlightenment (Friday, April 15, 2022) - “THE COURT GRANTED THE REQUEST FOR SEIZURE OF 20 KG OF GOLD” The court granted the request of the Attorney from VISI LAW OFFICE, the Attorney of the Ponzi Scheme victim, to place the seizure of 20 kg of gold transferred by the Accused to...

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Today’s Legal Enlightenment (Thursday, April 14, 2022)

Today’s Legal Enlightenment (Thursday, April 14, 2022) - “INNATE PROPERTY IN MARRIAGE” Based on Article 35 (2) of Law No. 1/1974, each husband and wife’s innate property and property obtained by each as a gift or inheritance are under their respective control as long as the parties do not specify...

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Today’s Legal Enlightenment (Wednesday, April 13, 2022)

Today’s Legal Enlightenment (Wednesday, April 13, 2022) - “PAWN MONEY IS NOT RETURNED” The provision that if within 6 months the pawn money is not returned then the house becomes the absolute property of Defendant I is against the law and must be considered non-binding. Supreme Court Decision No....

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Today’s Legal Enlightenment (Tuesday, April 12, 2022)

Today’s Legal Enlightenment (Tuesday, April 12, 2022) - “CALCULATION OF STATE FINANCES” Examination of the calculation of state financial losses is the authority of experts or certified ones. BPKP, BPK, APIP, Public Accountants who have expertise in conducting investigative audits are authorized...

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Today’s Legal Enlightenment (Monday, April 11, 2022)

Today’s Legal Enlightenment (Monday, April 11, 2022) - “TRANSPORTATION LAW” The carrier cannot be charged with compensation for damage to the cargo caused by disasters at sea that cannot be avoided. Supreme Court Decision No. 363 K/Pdt/1984 Regards, Fredrik J. Pinakunary

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 Today’s Legal Enlightenment (Sunday, April 10, 2022)

 Today’s Legal Enlightenment (Sunday, April 10, 2022) - REGARDING ADOPTED CHILDREN Whether a person is an adopted child or not, does not solely depend on the formalities of adoption but is seen from the existing reality, namely that he or she has been cared for, circumcised and married off by his...

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Today’s Legal Enlightenment (Saturday, April 9, 2022)

Today’s Legal Enlightenment (Saturday, April 9, 2022) - “INHERITANCE RIGHTS OF CHILDREN FROM FIRST WIFE” The inheritance rights of children from the first wife to the inheritance of the father obtained in his third marriage. The child of the first wife has the right to inherit his father's share...

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Today’s Legal Enlightenment (Friday, April 8, 2022)

 Today’s Legal Enlightenment (Friday, April 8, 2022) - “LAWSUIT FELLOW CLAIM’S DEFENDANTS IN THE COUNTERCLAIM” The lawsuit filed by “fellow claim’s Defendants” PT Bank Bali sued Bank Indonesia, as Defendant I and Defendant II, respectively. Then in the Counterclaim they are in the position...

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Today’s Legal Enlightenment (Thursday, April 7, 2022)

Today’s Legal Enlightenment (Thursday, April 7, 2022) - “THE RENVOI PROCEDURE OBJECTION” The renvoi procedure regarding objection to the list of receivables must first be completed before the ratification of the Suspension of Debt Payment Obligation (PKPU) settlement or debt settlements after the...

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Today’s Legal Enlightenment (Wednesday, April 6, 2022)

  Today’s Legal Enlightenment (Wednesday, April 6, 2022) - “JOINT DECREE OF THE MINISTER AS THE OBJECT OF JUDICIAL REVIEW” Joint Decrees from the three ministries can be submitted for judicial review rights or can be the object of judicial review rights at the Supreme Court. Supreme Court Decision...

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 Today’s Legal Enlightenment (Tuesday, April 5, 2022)

Today’s Legal Enlightenment (Tuesday, April 5, 2022) - “CLAIMS FOR RETURN OF INHERITANCE” Claims regarding the return of inheritance from third parties to the entitled heirs do not need to be submitted by all heirs. Supreme Court Decision No. 2490 K/Pdt/2015 dated May 11, 2016 Regards, Fredrik J....

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Today’s Legal Enlightenment (Monday, April 4, 2022)

Today’s Legal Enlightenment (Monday, April 4, 2022) - “ELEMENTS OF SELF-ENRICHMENT” The element of self-enrichment was evident from the actions of the Accused who had changed the work items but did not adjust the budget. Supreme Court Decision No. 57 K/Pid.Sus./2018 dated March 14, 2018...

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Today’s Legal Enlightenment (Sunday, April 3, 2022)

Today’s Legal Enlightenment (Sunday, April 3, 2022) - “APPLICATION FOR SPECIMEN REPLACEMENT” The application for the determination of specimen replacement from the old management to the new management is considered as a dispute because the organization management is still in dispute. The...

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 Today’s Legal Enlightenment (Saturday, April 2, 2022)

Today’s Legal Enlightenment (Saturday, April 2, 2022) - “CIVIL RELATIONSHIPS THAT ARE NOT BASED ON HONESTY BUT IN BAD FAITH TO HARM OTHERS ARE FRAUD” The reason for the Accused's Review to the Supreme Court that the case was not criminal but civil (debts) between the Accussed and Astrindo Travel...

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Today’s Legal Enlightenment (Friday, April 1, 2022)

Today’s Legal Enlightenment (Friday, April 1, 2022)-“RESPONSIBILITIES OF THE HEIRS” The responsibility of the Heirs to the debts of the Inheritors is only limited to the amount or value of the inheritance (Compilation of Islamic Law Article 175 paragraph 2). The innate property of the wife cannot...

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Today’s Legal Enlightenment (Thursday, March 31, 2022)

Today’s Legal Enlightenment (Thursday, March 31, 2022) - “TENDER RESULTING IN LOSS OR NEGLIGENCE AND DEFAULT IS NOT A CRIME” Heru Pamungkas (President Director of PT Trimuda Adhipradana) was charged with criminal fraud because the company was bound by a number of Work Agreements (Surat Perjanjian...

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Today’s Legal Enlightenment (Wednesday, March 30, 2022)

Today’s Legal Enlightenment (Wednesday, March 30, 2022) - “CRIMINAL PUNISHMENT FOR HOMOSEXUALS AMONG INDONESIAN NATIONAL ARMED FORCES (TNI) SOLDIERS” The Supreme Court decided that having same-sex relations among TNI soldiers is an act classified as an act of deliberately disobeying an official...

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 Today’s Legal Enlightenment (Tuesday, March 29, 2022)

Today’s Legal Enlightenment (Tuesday, March 29, 2022) - “THE LOSS OF THE BUSINESS JUDGMENT RULE IS NOT A CRIME” The Business Judgment Rule does not consider as a crime as long as there is no fraud, conflict of interest, unlawful act, and intentional error. The Supreme Court stated that the actions...

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Today’s Legal Enlightenment (Monday, March 28, 2022)

Today’s Legal Enlightenment (Monday, March 28, 2022) - “OWNERSHIP OF DUAL LAND CERTIFICATES IS NOT A CRIME” The Supreme Court granted the second Review to the Supreme Court request from the Accused who was previously found to be proven to have falsified the land certificate. The Supreme Court...

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Today’s Legal Enlightenment (Sunday, March 27, 2022)

Today’s Legal Enlightenment (Sunday, March 27, 2022) - “THE AUTHORITY OF THE SUPREME COURT IN DETERMINING CRIMINAL SANCTIONS” The Supreme Court can improve the severity of the criminal sanctions imposed on the Accused which is the authority of Judex Facti, when the sentence imposed on the...

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Today’s Legal Enlightenment (Saturday, March 26, 2022)

Today’s Legal Enlightenment (Saturday, March 26, 2022) - “THE ELEMENT OF ENRICHING ONESELF OR OTHERS” The element of enriching oneself or another person or a corporation does not have to be enjoyed physically, but simply by being or being obtained in the power and responsibility of the Accused,...

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Today’s Legal Enlightenment (Friday, March 25, 2022)

Today’s Legal Enlightenment (Friday, March 25, 2022) - “LAWSUIT FOR CANCELLATION OF MARRIAGE REPORTING DECREE ABROAD” The Administrative Court is not authorized to examine the lawsuit for the cancellation of the marriage reporting decree letter abroad, because the legal status of the marriage must...

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Today’s Legal Enlightenment (Thursday, March 24, 2022)

Today’s Legal Enlightenment (Thursday, March 24, 2022)- “ATTORNEY GENERAL CAN FILE A CIVIL CLAIM RELATED TO REPLACEMENT MONEY” In corruption case, the payment of replacement money is a legal obligation of the convict. If the obligation is not fulfilled, it is seen as an unlawful act because it is...

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Today’s Legal Enlightenment (Wednesday, March 23, 2022)

 Today’s Legal Enlightenment (Wednesday, March 23, 2022) - “CONSTITUTIONAL COURT’S DECISION REGARDING THE EXECUTION OF FIDUCIARY SECURITIES” This Constitutional Court’s decision provides confirmation that the execution of fiduciary securities can be submitted to the District Court by alternative...

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Today’s Legal Enlightenment (Tuesday, March 22, 2022)

Today’s Legal Enlightenment (Tuesday, March 22, 2022) - “ABUSE OF DOMINANCE/INFLUENCE” The man's seduction in the form of a promise to marry the girl so that the girl is willing to do any obscene act by this man is an act that is considered to have fulfilled one of the elements of ex Article 293...

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Today’s Legal Enlightenment (Monday, March 21, 2022)

Today’s Legal Enlightenment (Monday, March 21, 2022)- “DELAYED DECISION’S EXECUTION” The determination of the Chairman of the East Jakarta District Court to postpone the execution, because it was judged that there had been an error in the “Execution Determination”, was an act of the chairman of...

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 Today’s Legal Enlightenment (Sunday, March 20, 2022)

Today’s Legal Enlightenment (Sunday, March 20, 2022) - “CRITERIA FOR FRAUD OFFENSE” To apply Article 378 of the Criminal Code as a criminal act of fraud, one must convey conditions that are not true and do not match the truth. Therefore, as long as the situation is not fake and is aimed at a...

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Today’s Legal Enlightenment (Saturday, March 19, 2022)

Today’s Legal Enlightenment (Saturday, March 19, 2022)- “SOE Finance = State Finance” The finances in SOE are essentially state finances, even though the state assets in SOE are state assets that have been separated. That it is not true that the separated state assets are no longer state assets...

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 Today’s Legal Enlightenment (Friday, March 18, 2022)

Today’s Legal Enlightenment (Friday, March 18, 2022) - JOINT PROPERTY LAWSUIT If the joint property lawsuit has the potential to hinder the realization of the best interests of the child, then the lawsuit is declared unacceptable. Supreme Court Decision No. 159 K/Ag/2018 dated March 28,...

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 Today’s Legal Enlightenment (Thursday, March 17, 2022)

Today’s Legal Enlightenment (Thursday, March 17, 2022) - REASON FOR SUBMITTING A REVIEW TO THE SUPREME COURT The existence of differences (disparities) in imposing criminal penalties on the Convicts in the same case can be used as the basis for submitting a Review to the Supreme Court because it...

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Today’s Legal Enlightenment (Wednesday, March 16, 2022)

 Today’s Legal Enlightenment (Wednesday, March 16, 2022) - “INTERNATIONAL ARBITRATION AWARD “CLAIMED NULL AND VOID” The case between Pertamina v. Karaha Bodas) The Central Jakarta District Court is not authorized to examine the cancellation claim of the “International Arbitration Award”, because...

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Today’s Legal Enlightenment (Tuesday, March 15, 2022)

Today’s Legal Enlightenment (Tuesday, March 15, 2022) - “CONTRADICTORY JUDGE'S DECISION” Judex Factie’s decision that contain conflicts between the legal considerations and the decisions or the decisions are not in accordance with the legal considerations, then this contradictory decision is...

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Today’s Legal Enlightenment (Monday, March 14, 2022)

Today’s Legal Enlightenment (Monday, March 14, 2022) - “CRIMINAL DECISION AS CIVIL EVIDENCE” A decision from a criminal court that has perfect strength of evidence in a civil case process, both against the Convict himself and against a third party, without closing the submission of evidence by the...

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Today’s Legal Enlightenment (Sunday, March 13, 2022)

Today’s Legal Enlightenment (Sunday, March 13, 2022) - “NOT A REASON FOR FORGIVENESS” In offenses that are Culpoos ex Article 359 of the Criminal Code (because negligence causes another person to die), if in the victim of the offense there is an error or negligence of his own, resulting...

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Today’s Legal Enlightenment (Saturday, March 12, 2022 )

Today’s Legal Enlightenment (Saturday, March 12, 2022) - “HOME OWNERSHIP DISPUTES BETWEEN FOREIGN NATIONALS AND INDONESIAN CITIZENS IN THE PERSPECTIVE OF CRIMINAL LAW” Regarding the evidence that has been confiscated by the police in the form of two houses, the Supreme Court is of the opinion that...

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Today’s Legal Enlightenment (Friday, March 11, 2022)

Today’s Legal Enlightenment (Friday, March 11, 2022) - “SETTLEMENT ELIMINATES THE ELEMENT OF THEFT OFFENSE” Whereas for objects that are the object of a criminal act there is still a civil dispute between the Accused and the Victim Witness, thus the Accused must be released from all charges....

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Today’s Legal Enlightenment ( Thursday, March 10, 2022 )

Today’s Legal Enlightenment ( Thursday, March 10, 2022 ) - “THE MINISTER OF LAW AND HUMAN RIGHTS IS OBLIGED TO EXAMINE SOCIAL FACTS BEFORE ISSUING STATE ADMINISTRATIVE DECREE” Prior to issuing a State Administrative Decree (KTUN) on the object of dispute based on the Legal Entity Registration...

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Today’s Legal Enlightenment ( Wednesday, March 9, 2022 )

Today’s Legal Enlightenment (Wednesday, March 9, 2022) - “EMPLOYMENT CONTRACT BETWEEN REPRESENTATIVES OF FOREIGN COUNTRIES AND LOCAL WORKERS” Employment contract between representatives of foreign countries and local workers/staff are subject to the provisions of Law No. 13 of 2003 concerning...

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Today’s Legal Enlightenment ( Tuesday, March 8, 2022 )

Today’s Legal Enlightenment ( Tuesday, March 8, 2022 ) - “THE ADMINISTRATIVE COURT’S DECISION DOES NOT IMMEDIATELY ERASE THE UNLAWFUL ACT” The Administrative Court’s decision does not immediately erase the Unlawful Act that are examined in the realm of civil law because the decision only examines...

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Today’s Legal Enlightenment ( Monday, March 7, 2022 )

Today’s Legal Enlightenment (Monday, March 7, 2022) - “OBJECTION TO AUCTION” Parties who object to the execution of the auction based on the Judge's decision, must be submitted in the form of a Rebuttal/Opposition to the execution and must be submitted before the day of the auction. Supreme Court...

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Today’s Legal Enlightenment ( Sunday, March 6, 2022 )

Today’s Legal Enlightenment (Sunday, March 6, 2022) - “THE DRIVER IS NOT REQUIRED TO COMPLETE THE DOCUMENTS OF THE TIMBER FOREST PRODUCTS HE IS TRANSPORTING” There is no obligation for a driver who transports timber that belongs to another person to complete the documents for the timber forest...

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Today’s Legal Enlightenment (Saturday, March 5, 2022)

Today’s Legal Enlightenment (Saturday, March 5, 2022) - “DEFENDANT'S CONFESSION AT TRIAL” With the confession from the Defendant in his response at the trial, then the Plaintiff does not need to be burdened with the obligation to prove the argument of his lawsuit. So that the lawsuit can be...

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Today’s Legal Enlightenment ( Friday, 4 March 2022)

Today’s Legal Enlightenment (Friday, 4 March 2022)-"DETERMINE CHILD CUSTODY " The benchmark for determining child custody holders is the best interest of the child. Supreme Court Decision No. 395 K/Aug/2020 29 June 2020 Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment ( Thursday, 3 March2022 )

Today’s Legal Enlightenment (Thursday, 3 March2022))-"LESSEE DOES NOT HAVE THE RIGHT TO SUBMIT AN OBJECTION" The lessee has no right to file an objection against the confiscation of execution. The party entitled to file an objection against the confiscation of execution is the owner or the person...

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Today’s Legal Enlightenment (Wednesday, 2 March 2022 )

Today’s Legal Enlightenment (Wednesday, 2 March 2022)-"CUSTOMARY DECISIONS ON VILLAGE SETTLEMENT  DO NOT BIND THE JUDGE" Customary Decision on Village Settlement  is not binding to the District Court Judge and is only considered as a guideline, so that if there is a strong legal reason,...

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Today’s Legal Enlightenment ( Tuesday, 1 March 2022)

Today’s Legal Enlightenment (Tuesday, 1 March 2022)-“LOSS DOESN’T ALWAYS HAVE TO BE MATERIAL LOSS" Loss does not always have to be in the form of material loss, but also means if it has the potential to threaten the rights and interests of others. Supreme Court Decision No. 1022 K/Pdt/2006 dated...

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Today’s Legal Enlightenment ( Monday, February 28, 2022 )

Today’s Legal Enlightenment (Monday, February 28, 2022)-“RESPONSIBILITIES OF THE HEAD OF THE BRANCH OFFICE” The head of the branch office of a state-owned bank is still responsible if there is a state loss due to bad credit, even though the one who signs the Credit Agreement is the Bank's Business...

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Today’s Legal Enlightenment ( Sunday, February 27, 2022)

Today’s Legal Enlightenment (Sunday, February 27, 2022)-PUNISHMENT FOR DISGRACEFUL ACTS EVEN THOUGH IT HAS NOT BEEN REGULATED IN THE REGULATIONS” Even though an act is not regulated in laws and regulations, but if the act is considered disgraceful because it is not in accordance with the sense of...

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Today’s Legal Enlightenment ( Saturday, February 26, 2022)

Today’s Legal Enlightenment (Saturday, February 26, 2022)-“INCREASED PUNISHMENT FOR PERPETRATORS OF SEXUAL HARASSMENT” Sexual harassment of both boys and girls is a heinous act that is prohibited by religion and there is no lighter uqubat. The Defendant's position as a religious leader who...

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Today’s Legal Enlightenment ( Friday, February 25, 2022)

Today’s Legal Enlightenment (Friday, February 25, 2022)-“WOMEN'S RIGHT TO INHERITANCE” “WOMEN'S RIGHT TO INHERITANCE” On the basis of equal rights between men and women, women have the right to the inheritance of their parents or husband so that they have the legal standing to file a lawsuit to...

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Today’s Legal Enlightenment (Thursday, February 24, 2022)

Today’s Legal Enlightenment (Thursday, February 24, 2022)-“UNILATERALLY TERMINATING AN AGREEMENT” “UNILATERALLY TERMINATING AN AGREEMENT” Unilaterally terminating an agreement is considered as unlawful act. Supreme Court Decision No. 5 K/Pdt/2018 dated February 28, 2018 Regards, Fredrik J....

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Today’s Legal Enlightenment (Wednesday, February 23, 2022)

Today’s Legal Enlightenment (Wednesday, February 23, 2022)-“DISTRICT COURT IS NOT AUTHORIZED” The District Court is not authorized to adjudicate unlawful act lawsuits regarding inheritance disputes between parties who are Muslim. Supreme Court Decision No 7 K/Pdt/2019 dated January 31, 2019...

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Today’s Legal Enlightenment (Tuesday, February 22, 2022)

Today’s Legal Enlightenment (Tuesday, February 22, 2022)-“URINE TEST RESULTS WITHOUT OTHER EVIDENCE ARE NOT SUFFICIENT TO PROVE DRUG ABUSE” Notification letter of urine test results from the Head of the National Narcotics Agency and Official Report of Urine Examination from UPTD Health Laboratory...

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Today’s Legal Enlightenment (Monday, February 21, 2022)

Today’s Legal Enlightenment (Monday, February 21, 2022)-“MERGING OF THE TWO INSTITUTIONS RESULTED IN THE LAWSUIT BEING VAGUE” Merging of two different institutions in the hierarchy and main tasks/functions into one legal subject and positioned as Defendants causes the lawsuit to be vague. In a...

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Today’s Legal Enlightenment (Sunday, February 20, 2022)

Today’s Legal Enlightenment (Sunday, February 20, 2022)-“VAGUE LAWSUIT” Although the object of lawsuit has a certificate, if the lawsuit’s prayers does not contain the area and the object of the dispute, the lawsuit is qualified as vague (Obscuur Libel) because the certificate is not proof of area...

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Today’s Legal Enlightenment (Saturday, February 19, 2022)

Today’s Legal Enlightenment (Saturday, February 19, 2022)-“THE STATE ADMINISTRATIVE COURT IS NOT AUTHORIZED” The State Administrative Court is not authorized to examine the cancellation of the land rights certificate if there is still a dispute over ownership of the land. Supreme Court Decision...

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Today’s Legal Enlightenment (Friday, February 18, 2022)

Today’s Legal Enlightenment (Friday, February 18, 2022) - THE APPEAL TO THE SUPREME COURT CAN BE ACCEPTED IF IT IS PAST THE TIME The Appeal to the Supreme Court Application can be accepted even though the grace period has passed as long as the reason for the Appeal to the Supreme Court is...

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Today’s Legal Enlightenment (Thursday, February 17, 2022)

Today’s Legal Enlightenment (Thursday, February 17, 2022)-“PRIORITY RIGHT” As long as the person concerned occupies the object of dispute continuously, he will get priority right over the object even though the Right to Build has expired. Supreme Court Decision No. 1771 K/Pdt/2019 dated August 26,...

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Today’s Legal Enlightenment (Wednesday, February 16, 2022)

Today’s Legal Enlightenment (Wednesday, February 16, 2022)-“JOINT PROPERTY” A husband who is not enough to make a living for his wife cannot be used as a basis for reducing the husband's right to obtain half of the joint property. Supreme Court Decision No. 901 K/Pdt/2019 dated April 29, 2019...

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Today’s Legal Enlightenment (Tuesday, February 15, 2022)

Today’s Legal Enlightenment (Tuesday, February 15, 2022) - ERRORS IN APPLYING THE LAW Legal considerations of the Panel of Judges based on statutory regulations that are no longer valid are errors in the application of the law. Supreme Court Decision No. 848 K/Pdt.Sus.-KPPU/2019 dated October 7,...

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Today’s Legal Enlightenment (Monday, February 14, 2022)

Today’s Legal Enlightenment (Monday, February 14, 2022)-“QUALIFICATION OF NE BIS IN IDEM LAWSUIT” The qualification of the ne bis in idem lawsuit is not based on the criteria for the similarity of the parties but on the similarity of the legal event that is the subject of the dispute that has been...

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Today’s Legal Enlightenment (Sunday, February 13, 2022)

Today’s Legal Enlightenment (Sunday, February 13, 2022)-“NEGLIGENCE OF A NOTARY/LAND DEED OFFICIAL (PPAT)” Negligence of a Notary/Land Deed Official (PPAT) in carrying out their authority IS NOT A CRIMINAL ACT because it is an administrative area. Supreme Court Decision No. 20 PK/Pid/2020 dated...

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Today’s Legal Enlightenment (Saturday, February 12, 2022)

Today’s Legal Enlightenment (Sunday, February 13, 2022)- “JOURNALISTIC ACCOUNTABILITY” The interviewee/source who is then covered, broadcasted, and written is not an act of distributing and/or transmitting and/or making accessible electronic information and/or electronic documents, as long as...

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Today’s Legal Enlightenment (Friday, February 11, 2022)

Today’s Legal Enlightenment (Friday, February 11, 2022)-“DEVIATION FROM THE PRINCIPLE OF PACTA SUNT SERVANDA” The principle of Pacta Sunt Servanda can be deviated if there is a state interest in protecting its citizens and protecting the interests of children. Supreme Court Decision No. 2021...

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Today’s Legal Enlightenment (Thursday, February 10, 2022)

Today’s Legal Enlightenment (Thursday, February 10, 2022)-“NO THIRD-PARTY INCLUSION” A third party that not included in the lawsuit does not result in the lawsuit being entirely unacceptable, but as an object of dispute relating to the third party. Supreme Court Decision No. 714 K/Ag/2020 dated...

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Today’s Legal Enlightenment (Wednesday, February 9, 2022)

Today’s Legal Enlightenment (Wednesday, February 9, 2022)-“JOINT PROPERTY” Wives who carry out a dual role, namely taking care of the household and working to meet the needs of the family, CAN BE GIVEN A SHARE OF THE JOINT PROPERTY MORE THAN HER EX-HUSBAND. Supreme Court Decision No. 78 k/Ag/2021...

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Today’s Legal Enlightenment (Tuesday, February 8, 2022)

Today’s Legal Enlightenment (Tuesday, February 8, 2022)-“APPLICATION FOR APPEAL THAT MUST INCLUDE AN MEMORANDUM OF APPEAL” An application for an appeal against a decision of the first court of that adjudicate an application for annulment of an arbitration award to the Supreme Court, as referred to...

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Today’s Legal Enlightenment (Monday, February 7, 2022)

Today’s Legal Enlightenment (Monday, February 7, 2022)-“TAX BILLS IN BANKRUPTCY” Although the tax payable is a preferred creditor, the distribution of bankruptcy assets is carried out on the basis of the principles of balance and justice (proportional). Supreme Court Decision No. 72...

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Today’s Legal Enlightenment (Sunday, February 6, 2022)

 Today’s Legal Enlightenment (Sunday, February 6, 2022)-“RULING WITHOUT LEGAL BASIS” The District Court has examined and given a “Ruling” which contains the determination of the rights to a plot of land without any dispute between the parties, is a “voluntair trial” which has no legal basis....

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Today’s Legal Enlightenment (Saturday, February 5, 2022)

Today’s Legal Enlightenment (Saturday, February 5, 2022)-“BENEFIT, JUSTICE, AND PUBLIC PEACE” Legal consideration is based more on expediency, justice and the public peace of the land user/owner so that they can enjoy it peacefully, and it will be more harmful if the lawsuit is granted because it...

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Today’s Legal Enlightenment (Friday, February 4, 2022)

Today’s Legal Enlightenment (Friday, February 4, 2022)-“VICARIOUS LIABILITY” Even though individually the accused's actions occurred because of the “mens rea” of the accused, but because the act was solely for the benefit of the com, the Supreme Court was of the opinion that what the accused did...

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Today’s Legal Enlightenment (Thursday, February 3, 2022)

Today’s Legal Enlightenment (Thursday, February 3, 2022)-“THE REVIEW DECISION IS A NOVUM” The Review Decision of case No. 803 PK/Pdt/2008 which annulled the West Java High Court Decision No. 532/Pdt/2004/PT.Bdg and the Supreme Court Decision No. 1434 K/Pdt/2005 is a NOVUM, because it has never...

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Today’s Legal Enlightenment (Wednesday, February 2, 2022

Today’s Legal Enlightenment (Wednesday, February 2, 2022)-“CUSTOMARY LAW THAT IS NOT IN ACCORDANCE WITH THE DEVELOPMENT OF LAW AND HUMAN RIGHTS” The implementation of the customary law of the people of East Nusa Tenggara (NTT), especially in Rote Ndao which adheres to the Patrilineal Inheritance...

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Today’s Legal Enlightenment (Tuesday, February 1, 2022)

Today’s Legal Enlightenment (Tuesday, February 1, 2022)-“STATUS OF CONFISCATED GOODS BY THE KPK” Goods confiscated in criminal cases that are not the result of a criminal act are private goods so that they are included in the realm of civil law. Goods that are not the proceeds of crime and are not...

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Today’s Legal Enlightenment (Monday, January 31, 2022)

Today’s Legal Enlightenment (Monday, January 31, 2022)-“GENERAL PRINCIPLES OF BUILDING CONTROL” The general principles of controlling buildings that are possible to be demolished have the following criteria (alternatively): 1.         Buildings that...

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Today’s Legal Enlightenment (Sunday, January 30, 2022)

 Today’s Legal Enlightenment (Sunday, January 30, 2022)-“NEW EVIDENCE (NOVUM) DECLARED FAKE” If the new evidence (Novum) which is used as a reference in the First Appeal to the Supreme Court Decision to grant a claim at a later time turns out that the new evidence (Novum) is declared as a fake or...

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Today’s Legal Enlightenment (Saturday, January 29, 2022)

Today’s Legal Enlightenment (Saturday, January 29, 2022)-“LOST OFFENSE OF THEFT” Whereas for objects that are the object of a criminal act there is still a civil dispute between the Accused and the Victim Witness, thus the Accused must be released from all charges. Settlement on joint property...

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Today’s Legal Enlightenment (Friday, January 28, 2022)

 Today’s Legal Enlightenment (Friday, January 28, 2022)-“CORPORATE CONTROLLING PERSONNEL” A person who is not listed in the management structure but has very decisive power and authority in making corporate decisions can be qualified as a corporate controlling personnel. Supreme Court Decision No....

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Today’s Legal Enlightenment (Wednesday, January 26, 2022)

Today’s Legal Enlightenment (Wednesday, January 26, 2022)-“ADMINISTRATIVE COURT DECISION” The decision of the State Administrative Court does not necessarily abolish unlawful acts examined in the realm of civil law because the decision only examines the procedural issuance of a decree. Supreme...

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Today’s Legal Enlightenment (Tuesday, January 25, 2022)

Today’s Legal Enlightenment (Tuesday, January 25, 2022)-“OBLIGATION TO USE INDONESIAN RUPIAH CURRENCY” Every transaction that has the purpose of payment and settlement of obligations carried out in the territory of Indonesia must use the Indonesian Rupiah currency as stipulated in Article 21 of...

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Today’s Legal Enlightenment (Monday, January 24, 2022)

Today’s Legal Enlightenment (Monday, January 24, 2022)-“OPPOSITION TO EXECUTION DETERMINATION” Opposition to the wrong execution determination can be carried out by a third party who is not a party of the main case by proving that the opposition is submitted by the opponent who is the owner of the...

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Today’s Legal Enlightenment (Sunday, January 23, 2022)

Today’s Legal Enlightenment (Sunday, January 23, 2022)-A WILL THAT CAN BE REQUESTED FOR CANCELLATION The will of some heirs without the approval of the other heirs can be requested for cancellation by other heirs who are not asked for approval. Supreme Court Decision No. 558 K/Ag/2017 Regards,...

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Today’s Legal Enlightenment (Saturday, January 22, 2022)

Today’s Legal Enlightenment (Saturday, January 22, 2022)-ADDITIONAL PUNISHMENT The additional punishment of revocation of the right to be elected in public office for 5 (five) years from the time Accused I finishes serving his principal sentence is contained in the decision. Supreme Court Decision...

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Today’s Legal Enlightenment (Friday, January 21, 2022)

Today’s Legal Enlightenment (Friday, January 21, 2022)-OBLIGATORY WILL Whereas husband and wife are of different religions but their domestic life remains harmonious until the death of one of their partners, non-Muslims can be given a share of the inheritance through obligatory will. Supreme Court...

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Today’s Legal Enlightenment (Thursday, January 20, 2022)

Today’s Legal Enlightenment ( Thursday, January 20, 2022) OBLIGATION OF MINISTRY OF LAW AND HUMAN RIGHTS” Prior to issuing a State Administrative Decision on the object of the dispute based on the Legal Entity Administration System, the Defendant (Ministry of Law and Human Rights) is obliged to...

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Today’s Legal Enlightenment (Wednesday, January 19, 2022)

Today’s Legal Enlightenment (Wednesday, January 19, 2022)-INDONESIAN ARMY WHO STORES THE REST OF TRAINING AMMUNITION Indonesian army who carry, store and control ammunition left over from the training with the intention of being used in the next training, is NOT a CRIME. Supreme Court Decision No....

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Today’s Legal Enlightenment (Tuesday, January 18, 2022)

Today’s Legal Enlightenment (Tuesday, January 18, 2022)-AGREEMENTS MADE PERSONALLY BY THE MANAGEMENT OF THE COMPANY Agreements made personally by the management of the company which are then executed/implemented by the company and have taken the benefits, are deemed to have been recognized and...

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Today’s Legal Enlightenment (Monday, January 17, 2022)

APPLICATION FOR REVIEW CANNOT BE ACCEPTED BECAUSE IT IS OVERTIME The application for review cannot be accepted because it has passed the grace period as stipulated in Article 69 paragraph 1 of Law No.14/1985 as amended by Law No.5/2004 and the second amendment to Law No. 3/2009. Supreme Court...

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Today’s Legal Enlightenment (Sunday, January 16, 2022)

Today’s Legal Enlightenment (Sunday, January 16, 2022)-UNUSED TRADEMARK In accordance with Article 61 paragraph 2 letter a of the Trademark Law, a trademark that has not been used by its owner for 3 consecutive years may be removed from the General Register of Trademarks, which has been proven in...

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Today’s Legal Enlightenment (Saturday, January 15, 2022)

Today’s Legal Enlightenment (Saturday, January 15, 2022)-DEBTOR ASSETS AUCTION The debtor does not pay off his debt to the creditor within the agreed period, then the debtor is in default and the creditor can sell the auction of the debtor's property that has been burdened with mortgage rights....

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Today’s Legal Enlightenment (Friday, January 14, 2022)

Today’s Legal Enlightenment (Friday, January 14, 2022)-CHECK CASHING Check cashing cannot be done by photocopy of check and by fax order, but the original check must be shown to the bank clerk. Supreme Court Decision No. 489 PK/Pdt/2012 Source: Book of DR. HP Panggabean S.H., M.S. Regards, Fredrik...

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Today’s Legal Enlightenment (Thursday, January 13, 2022)

Today’s Legal Enlightenment (Thursday, January 13, 2022)-DISCLOSED INFORMATION TO OTHER COMPANIES The defendant has been proven to have disclosed information to other companies, resulting in the company where he worked not winning the tender and incurring losses. Supreme Court Decision No. 783...

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Today’s Legal Enlightenment (Wednesday, January 12, 2022)

Today’s Legal Enlightenment (Wednesday, January 12, 2022)-CLAIM OF TRADEMARK CANCELLATION That a claim for trademark cancellation after the lapse of five years can only be made for a trademark that is registered contrary to morality, religion and public order, while the Defendant's trademark is...

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Today’s Legal Enlightenment (Tuesday, January 11, 2022)

Today’s Legal Enlightenment (Tuesday, January 11, 2022)-WELL KNOWN TRADEMARK Based on permanent jurisprudence, a well-known trademark must at least have proof of registration in various countries which has been confirmed by the country concerned to be used as evidence in Indonesian court. Supreme...

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Today’s Legal Enlightenment (Monday, January 10, 2022)

Today’s Legal Enlightenment (Monday, January 10, 2022)-NEW EVIDENCE (NOVUM) The new evidence (novum) submitted by the Petitioner for Appeal to the Supreme Court has already been submitted to the Commercial Court, so the new evidence (novum) is not decisive evidence. Supreme Court Decision No. 75...

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Today’s Legal Enlightenment (Sunday, January 9, 2022)

Today’s Legal Enlightenment (Sunday, January 9, 2022)-EXAMINATION OF EVIDENCE The authority to receive evidence in accordance with civil procedural law must be submitted before a district court hearing because the opposing party must be given the opportunity to respond and verify it with the...

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Today’s Legal Enlightenment (Saturday, January 8, 2022)

Today’s Legal Enlightenment (Saturday, January 8, 2022)-PREMATURE CLAIM The Plaintiff has filed a claim for the actions that have not been done by the Defendant, so such claim is premature so the appeal to the supreme court request should be rejected. Supreme Court Decision No. 68 K/Pdt/2014...

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Today’s Legal Enlightenment (Friday, January 7, 2022)

Today’s Legal Enlightenment (Friday, January 7, 2022)-CLAIM ABOUT TRADE SECRETS The claim regarding trade secrets is the authority of the District Court as regulated in Article 11 of Law No. 30 of 2000 concerning Trade Secrets. Supreme Court Decision No. 1713 K/Pdt/2010 Source: Book of DR. HP...

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Today’s Legal Enlightenment (Thursday, January 6, 2022)

Today’s Legal Enlightenment (Thursday, January 6, 2022)-CLAIM THAT DOES NOT MEET THE FORMAL REQUIREMENTS The claim does not meet the formal requirements because the power of attorney received by the attorney is not clear, the principal is in the all-points bulletin/Daftar Pencarian...

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Today’s Legal Enlightenment (Wednesday, January 5, 2022)

Today’s Legal Enlightenment (Wednesday, January 5, 2022)-REJECTION OF BANKRUPTCY PETITION The bankruptcy petition was rejected because the employment contract agreement in a quo case was not binding on the Respondent because it was signed by a party not authorized to represent the Respondent....

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Today’s Legal Enlightenment (Tuesday, January 4, 2022)

Today’s Legal Enlightenment (Tuesday, January 4, 2022)-INDUSTRIAL DESIGN That the existence of differences in the form and configuration of the two industrial designs belonging to the Petitioner and the Respondent of the Appeal to the Supreme Court is sufficient to show that the two industrial...

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Today’s Legal Enlightenment (Monday, January 3, 2022)

Today’s Legal Enlightenment (Monday, January 3, 2022)-CONSPIRACY Based on the evidence, it is known that there is a strong indication that the bidding document was made by the same person, as well as in the case of making the submitted tender document. This indication is confirmed by writing the...

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Today’s Legal Enlightenment (Sunday, January 2, 2022)

Today’s Legal Enlightenment (Sunday, January 2, 2022)-CONSTITUTIONAL COURT DECISION REGARDING ELECTRONIC INFORMATION AND/OR ELECTRONIC DOCUMENTS AS EVIDENCE Article 5 paragraphs 1 and 2 as well as Article 44 letter b of the ITE Law and Article 26A of the Anti-Corruption Law do not clearly regulate...

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Today’s Legal Enlightenment (Saturday, January 1, 2022)

Today’s Legal Enlightenment (Saturday, January 1, 2022)-BANI AWARD THAT IS CONTRARY TO PUBLIC ORDER BANI award dated 12 December 2014 in the case of PT. Cipta Televisi Pendidikan Indonesia and PT Berkah Karya Bersama are against public order in casu Court's decision which has permanent...

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Today’s Legal Enlightenment (Friday, December 31, 2021)

Today’s Legal Enlightenment (Friday, December 31, 2021)-COURTS THAT HAVE THE RIGHT TO JUDGE Because the parties have already determined the choice of international arbitration jurisdiction to settle their disputes such as the ICC International Court of Arbitration, the one who has the right to...

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Today’s Legal Enlightenment (Thursday, December 30, 2021)

Today’s Legal Enlightenment (Thursday, December 30, 2021)-BUSINESS ACTOR WHO VIOLATE THE CONSUMER PROTECTION LAW From the facts revealed at the trial, it turns out that business actor i.e. PT Nissan Motor Indonesia was proven to have violated Article 9 letter k and Article 10 letter c of Law No....

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Today’s Legal Enlightenment (Wednesday, December 29, 2021)

Today’s Legal Enlightenment (Wednesday, December 29, 2021)-LEGAL REMEDIES AGAINST EXECUTION Unfinished executions cannot be disputed in the form of a lawsuit but in the form of opposition. Supreme Court Decision No. 523 K/Pdt/2013 Source: Book by Dr. H. P. Panggabean, S.H., M.S., entitled...

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Today’s Legal Enlightenment (Tuesday, December 28, 2021)

Today’s Legal Enlightenment (Tuesday, December 28, 2021)-LAWSUIT AGAINST PREMATURE SIAC RULING In accordance with the facts of the trial that the Executing Decision of the Chairman of the Central Jakarta District Court had not yet been issued, so the lawsuit to reject to implement the...

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Today’s Legal Enlightenment (Monday, December 27, 2021)

Today’s Legal Enlightenment (Monday, December 27, 2021)-APPLICATION FOR ANNULMENT OF THE REJECTED BANI DECISION Judex Facti a quo decision cannot be appealed to the Supreme Court because Judex Facti’s application for annulment of the BANI Arbitration Award dated 16 January 2013 was...

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Today’s Legal Enlightenment (Sunday, December 26, 2021)

Today’s Legal Enlightenment (Sunday, December 26, 2021)-TENDER CONSPIRACY Article 5 paragraph (1) of Law No. 5/1999 is a perse rule norm, namely that the prohibition in the provision has been legally violated by business actors/the reported parties if it is proven that the business actors have...

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Today’s Legal Enlightenment (Saturday, December 25, 2021)

 Today’s Legal Enlightenment (Saturday, December 25, 2021)-NORMS ARE PERSE RULE IN BUSINESS COMPETITION LAW Article 5 paragraph (1) of Law No. 5/1999 is a perse rule norm, namely that the prohibition in the provision has been legally violated by business actors/the reported parties...

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Today’s Legal Enlightenment (Friday, December 24, 2021)

Today’s Legal Enlightenment (Friday, December 24, 2021)-THE HOUSE OF REPRESENTATIVES IS NOT AUTHORIZED TO CARRY OUT FORCED SUMMONS OR TAKE OTHER LEGAL STEPS IF ITS HONOR IS HUMILIATED The Constitutional Court deletes the authority of the House of Representatives to carry out forced summons to...

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Today’s Legal Enlightenment (Thursday, December 23, 2021)

Today’s Legal Enlightenment (Thursday, December 23, 2021)-TENDER CONSPIRACY Tender conspiracy is an act carried out by bidders or parties involved in tender activities secretly (tacit) so that in business competition law, indirect evidence that is in accordance with common sense logic is...

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Today’s Legal Enlightenment (Wednesday, December 22, 2021)

Today’s Legal Enlightenment (Wednesday, December 22, 2021)-PROHIBITION OF TERMINATION ON THE BASIS THAT WORKERS HAVE BLOOD TIES AND/OR MARITAL TIES The Constitutional Court granted the application for Judicial Review of Article 153 paragraph (1) of Law No. 13/2003 concerning Manpower. Thus, after...

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Today’s Legal Enlightenment (Tuesday, December 21, 2021)

Today’s Legal Enlightenment (Tuesday, December 21, 2021)-KPK DOES NOT NEED THE SUPERVISORY BOARD'S PERMISSION TO CONDUCT WIRETAPPING The Constitutional Court canceled the authority of the KPK Supervisory Board regarding wiretapping, search and/or seizure permits. Therefore, it is sufficient to...

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Today’s Legal Enlightenment (Monday, December 20, 2021)

Today’s Legal Enlightenment (Monday, December 20, 2021)-THE PUBLIC PROSECUTOR CANNOT SUBMIT A REVIEW TO THE SUPREME COURT OF A DECISION THAT HAS BEEN IN KRACHT The Constitutional Court granted the request of Anna Boentaran, wife of Djoko Tjandra and stated that the Public Prosecutor could not...

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Today’s Legal Enlightenment (Sunday, December 19, 2021)

Today’s Legal Enlightenment (Sunday, December 19, 2021)-EXPANSION OF PRETRIAL OBJECTS Regarding the application for judicial review of Article 77 letter (a) of the Criminal Procedure Code, the Constitutional Court decided to expand the object of the pretrial application, not only regarding the...

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Today’s Legal Enlightenment (Saturday, December 18, 2021)

Today’s Legal Enlightenment (Saturday, December 18, 2021)-ELIMINATION OF CRIMINAL CONSPIRACY IN CORRUPTION CASES Setya Novanto (the Applicant) submitted a judicial review related to Article 15 of the Corruption Law which states that anyone who conducts experiments, assists or conspires to commit a...

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Today’s Legal Enlightenment (Friday, December 17, 2021)

Today’s Legal Enlightenment (Friday, December 17, 2021)-THE PUBLIC PROSECUTOR MAY FILE AN APPEAL AGAINST THE ACQUITTAL DECISION Based on Article 244 of the Criminal Procedure Code, the Public Prosecutor is not allowed to file an appeal to the Supreme Court against an acquitted decision. However,...

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Today’s Legal Enlightenment (Thursday, December 16, 2021)

Today’s Legal Enlightenment (Thursday, December 16, 2021)-REFUND OF STATE MONEY IS NOT A JUSTIFICATION FOR ACQUITTING THE DEFENDANT Although the Local Government did not suffer a loss, the levy money used for personal gain was returned by the corruption Defendant before he was investigated and...

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Today’s Legal Enlightenment (Wednesday, December 15, 2021)

Today’s Legal Enlightenment (Wednesday, December 15, 2021)-PROSECUTORS' DEMANDS WERE NOT ACCEPTED BECAUSE ITS VIOLATED HUMAN RIGHTS The Public Prosecutor who conducts an investigation into a suspect in suspected corruption case who is threatened with severe punishment, must appoint a Legal Counsel...

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Today’s Legal Enlightenment (Tuesday, December 14, 2021)

Today’s Legal Enlightenment (Tuesday, December 14, 2021)-PROJECT CORRUPTION ON THE ORDERS OF SUPERIORS A State Civil Apparatus at the Forestry Service who, on the orders of his superiors, is proven to have violated the implementation of the Reforestation Project. His actions have harmed the...

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Today’s Legal Enlightenment (Monday, December 13, 2021)

Today’s Legal Enlightenment (Monday, December 13, 2021)-ELECTRICITY THEFT IS A CORRUPTION CRIME The director of a factory cooperating with former PLN employees has cut off the zegel, opened the door of the KWH Meter box, lowered the KWH meter number and then closed it with a fake zegel....

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Today’s Legal Enlightenment (Sunday, December 12, 2021)

Today’s Legal Enlightenment (Sunday, December 12, 2021)-BAD CREDIT IS A CORRUPTION CRIME The Director of a Limited Liability Company cooperates with the Director of a Bank whose capital is half private and half government, then the Limited Liability Company gets credit. It turned out that the Bank...

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Today’s Legal Enlightenment (Saturday, December 11, 2021)

Today’s Legal Enlightenment (Saturday, December 11, 2021)-THE RELATIVE COMPETENCE DEMURRER SHOULD BE SUBMITTED IN THE FIRST RESPONSE Based on Article 133 HIR, the demurrer regarding relative competence must be submitted in the first response. If this is not stated in the first response, then this...

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Today’s Legal Enlightenment (Friday, December 10, 2021)

Today’s Legal Enlightenment (Friday, December 10, 2021)-LEGAL REMEDIES AGAINST THE ARBITRAL TRIBUNAL'S AWARD The award of the Indonesian National Arbitration Board (BANI) is open to the possibility of submitting legal remedies in the form of a “Lawsuit for the Cancellation of the BANI’s Award" to...

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Today’s Legal Enlightenment (Thursday, December 9, 2021)

Today’s Legal Enlightenment (Thursday, December 9, 2021)-DIVORCE OCCURS WHEN DECLARED IN COURT A divorce occurs (for Muslims) is when the divorce is declared in the Decision Trial at the Religious Court, not at the time of registration of the Divorce Decision of the Religious Court with the...

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Today’s Legal Enlightenment (Wednesday, December 8, 2021)

Today’s Legal Enlightenment (Wednesday, December 8, 2021)-PROVISIONAL DECISION AND ITS CONDITIONS Provisional Decision is a “temporary action” that does not have the same result as “pre-enforcement” of the lawsuit’s prayer of the merit of the case. In addition, the Provisional Decision may not...

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Today’s Legal Enlightenment (Tuesday, December 7, 2021)

Today’s Legal Enlightenment (Tuesday, December 7, 2021)-JUDGES ARE ALLOWED RV IF THE PROVISIONS ARE MORE EFFECTIVE AND EFFICIENT THAN HIR By softening the meaning contained in the doctrine of the doelmatigheid process in civil proceedings in court, if the provisions in the RV are...

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Today’s Legal Enlightenment (Monday, December 6, 2021)

Today’s Legal Enlightenment (Monday, December 6, 2021)-REGARDING THE COURT COMPETENT TO ADJUDICATE THE DERDEN VERZET FILED AGAINST EXECUTION Facing a third-party rebuttal lawsuit (Derden Verzet) against execution, the one authorized to adjudicate the Derden Verzet is the District Court...

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Today’s Legal Enlightenment (Sunday, December 5, 2021)

Today’s Legal Enlightenment (Sunday, December 5, 2021)-INDONESIAN CITIZENS WHO BECOME FOREIGNERS LOSE OWNERSHIP OF THE LAND An Indonesian citizen owns a piece of land based on the “Certificate of Land Ownership”, then his Indonesian citizenship is revoked based on the Decree of the Minister of Law...

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Today’s Legal Enlightenment (Saturday, December 4, 2021)

Today’s Legal Enlightenment (Saturday, December 4, 2021)-THE MERGING OF PRIVATE AND PUBLIC LEGAL ENTITIES AS DEFENDANTS IN ONE LAWSUIT CANNOT BE JUSTIFIED A civil lawsuit directed against a private legal entity (PT ESEI) cannot also be addressed to a public legal entity (the State c.q. the...

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Today’s Legal Enlightenment (Friday, December 3, 2021)

Today’s Legal Enlightenment (Friday, December 3, 2021)-THE DECISION OF THE DISTRICT COURT REGARDING ABSOLUTE/RELATIVE COMPETENCE IS THE FINAL DECISION The decision of the District Court which stated that the District Court is “not authorized to adjudicate this case” in the form of absolute and...

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Today’s Legal Enlightenment (Sunday, November 28, 2021)

Today's Legal Enlightenment (Sunday, November 28, 2021)-NOTARY IS NOT OBLIGED TO CHECK THE MATERIAL MATTERS Judex Facti annulled the Notary Deed, this action cannot be justified because the Notary’s job is only to record things that are desired and stated by the parties who appear before the...

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Today’s Legal Enlightenment (Thursday, December 2, 2021)

Today’s Legal Enlightenment (Thursday, December 2, 2021)-REMAINING DEBT AFTER EXECUTION A Bank Loan is secured by land bound by mortgage, then the debtor defaults. The execution of the mortgage is carried out in the form of a public auction of collateral goods, but the results are not sufficient...

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Today’s Legal Enlightenment (Wednesday, December 1, 2021)

Today's Legal Enlightenment (Wednesday, December 1, 2021)-THE VALIDITY OF THE MORTGAGE DEED BNI 1946, according to Law No. 17/1968, both the head office and all of its branch offices, both local and abroad, are each not autonomous, but as a single legal entity. A credit agreement entered into by...

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Today’s Legal Enlightenment (Tuesday, November 30, 2021)

Today's Legal Enlightenment (Tuesday, November 30, 2021)-THE POWER OF ATTORNEY MUST BE SPECIFIC TO THE APPLICATION FOR APPEAL TO THE SUPREME COURT An application for Appeal to the Supreme Court that filed on the basis of a substitution of a general power of attorney, not based on a...

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Today’s Legal Enlightenment (Saturday, November 27, 2021)

Today's Legal Enlightenment (Saturday, November 27, 2021)-EXPLORING THE SUBSTANSIAL JUSTICE ON THE BASIS OF THE ULTIMATE JUSTICE IN THE PROCESS OF REVIEW TO THE SUPREME COURT IN CIVIL CASES The Panel of Judges is of the opinion that the sense of justice is not only viewed from a formal legalistic...

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Today’s Legal Enlightenment (Friday, November 26, 2021)

Today's Legal Enlightenment (Friday, November 26, 2021)-EXPANSION OF THE DEFINITION OF WITNESS That the significance meaning of a “witness” does not lie in whether he or she has seen, heard, or experienced a criminal incident personally, but whether or not his/her testimony is relevant to the...

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Today’s Legal Enlightenment (Thursday, November 25, 2021)

Today’s Legal Enlightenment (Thursday, November 25, 2021)-AN APPEAL AGAINST THE INTERLOCUTORY DECISION OF THE DISTRICT COURT DOES NOT PREVENT THE DISTRICT COURT FROM CONTINUING TO EXAMINE THE MERIT OF THE CASE Because there is no “Final Decision” on the meritf the case, by adhering to Article 9...

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Today’s Legal Enlightenment (Wednesday, November 24, 2021)

Today's Legal Enlightenment (Wednesday, November 24, 2021)-CROWN WITNESS IS AGAINST CRIMINAL PROCEDURAL LAW In the case of the death of Marsinah (a Labor Figures), Crown Witness was declared as a violation of the criminal procedure law by the Supreme Court. Whereas for decades, the existence of...

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Today’s Legal Enlightenment (Tuesday, November 23, 2021)

Today's Legal Enlightenment (Tuesday, November 23, 2021)-THE JUDGE IS JUSTIFIED IN GIVING A DECISION THAT BEYOND WHAT IS BEING CLAIMED AS LONG AS IT IS IN ACCORDANCE WITH THE MATERIAL EVENTS OF THE CASE Article 178 (3) HIR prohibits Judges from giving decisions on matters that are not requested by...

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Today’s Legal Enlightenment (Monday, November 22, 2021)

Today’s Legal Enlightenment (Monday, November 22, 2021)-IMPRISONMENT FOR A CIVIL SERVANT WHO REMARRIES EVEN THOUGH HE/SHE IS STILL IN A MARRIAGE The decision of the Religious Court and the High Religious Court has granted the husband's (Plaintiff) claim to divorce his wife (Defendant). The wife...

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Today’s Legal Enlightenment (Monday, November 21, 2021)

Today’s Legal Enlightenment (Monday, November 21, 2021)-EVALUATION OF WHETHER OR NOT A JUDGE'S DECISION IS FLAWED Whether or not a judge's decision is flawed must be reviewed from the decision principles that must be applied in the decision. These principles are regulated in Article 178 HIR/189...

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Today’s Legal Enlightenment (Saturday, November 20, 2021)

Today's Legal Enlightenment (Saturday, November 20, 2021)-REGARDING MORTGAGE REGISTRATION In a dispute related to the Credit Agreement made abroad as outlined in a Notary Deed abroad, the Supreme Court based its decision on Article 1173 of the Civil Code that Debt Agreement made abroad cannot be...

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Today’s Legal Enlightenment (Friday, November 19, 2021)

Today's Legal Enlightenment (Friday, November 19, 2021)-POSTPONEMENT OF THE EXECUTION OF THE COUNTERPART ORIGINAL OF MORTGAGE BECAUSE THERE IS A LAWSUIT FOR THE ANNULMENT OF THE CREDIT AGREEMENT Credit agreement made abroad and set forth in a Notary Deed abroad which is then continued in Indonesia...

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Today’s Legal Enlightenment (Thursday, November 18, 2021)

Today’s Legal Enlightenment (Thursday, November 18, 2021)-COMPANY DIRECTOR'S PERSONAL RESPONSIBILITIES The bank provides a loan to a company that has not yet obtained approval as a legal entity from the Minister of Justice. However, in the Notary Deed containing the Bonds with guarantees, it is...

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Today’s Legal Enlightenment (Thursday, November 18, 2021)

Today’s Legal Enlightenment (Thursday, November 18, 2021) - PIERCING THE CORPORATE VEIL The bank provides loans in large amounts to companies that are included in the bank group without a credit analysis, the land guarantee has expired its Building Rights Title, the bank management is the same...

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Today’s Legal Enlightenment (Wednesday, November 17, 2021)

Today's Legal Enlightenment (Wednesday, November 17, 2021) - VIGILANTISM - EIGENRICHTING The settlement of bad loans by the bank by sending bank employees accompanied by 2 members of the armed forces to the debtor and forcibly requesting that the debtor, vacate the shop which is used as...

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Today’s Legal Enlightenment (Monday, November 15, 2021)

“NEGLIGENCE IS NOT INTENTIONAL” Neglect to investigate beforehand the list to be signed in this case does not constitute an intentional act, while intentionalism is the main element of the embezzlement. The Prosecutor's appeal against the decision regarding the subsidiary accusations based on...

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Today’s Legal Enlightenment (Sunday, November 14, 2021)

"CONTENT OF AN AGREEMENT THAT ELIMINATES THE RIGHT TO PURCHASE THE GOODS PURCHASED" From a fair and moral point of view, it is inappropriate for the form and content of the agreement to eliminate the right to purchase the goods purchased, due to delays or difficulties in paying the last...

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Today’s Legal Enlightenment (Saturday, 13 November 2021)

“FISHING AND RECREATION FACILITIES ARE NOT PUBLIC FACILITIES” A claim for compensation based on disappointment cannot be granted, if the claim does not specify the amount of compensation requested. Fishing and recreational facilities are not public or social facilities, therefore the developer...

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Today’s Legal Enlightenment (Friday, November 12, 2021)

“BUILDING WITHOUT BUILDING PERMIT” The building which was originally built without a building permit, even though the land and building was traded to a third party and the third party applied for a permit to construct the old building violated the rules. The act of the mayor who refused the...

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Today’s Legal Enlightenment (Thursday, November 11, 2021)

“EXPANSION OF THE OBJECT OF FIDUCIARY SECURITY” Fiduciary security is only for movable objects and not for immoveable objects. . Supreme Court Decision No. 516 K/Pdt/1995 dated June 27, 1997 . Supreme Court Decision No. 372 K/Sip/1970 dated August 14, 1971 However, in the Elucidation of Law No. 42...

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Today’s Legal Enlightenment(Wednesday, November 10, 2021)

“PROHIBITION CLAUSE OF BEDING (DIRECT)” In a debt legal relationship with land collateral, then the legal status of the collateral at becomes the “Beding” (Direct Ownership) clause. Such an agreement is contrary to law and public order, BECAUSE THE COLLATERAL MAY NOT DIRECTLY BECOME THE PROPERTY...

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Today’s Legal Enlightenment (Monday, November 8, 2021)

“THE OBLIGATIONS OF THE INHERITORS TO THE DEBTS OF THE HEIR” The Inheritors, widow, and biological children, after the death of their husband/father, DO NOT DECLARE REFUSAL OF THE INHERITANCE/PROPERTY OF THE HEIR, then the Inheritors are legally OBLIGED to pay for all debts made by the Heir during...

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Today’s Legal Enlightenment (Sunday, November 7, 2021)

“ADDITIONAL EXAMINATION IN THE DISTRICT COURT BY THE HIGH COURT’S ORDER” The High Court, which examines civil cases at the appeal level, considers that the examination of the case is still incomplete or unclear, the High Court has the authority to issue an “Interlocutory Decision” ordering the...

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Today’s Legal Enlightenment (Saturday, November 6, 2021)

“THE SALE AND PURCHASE AGREEMENT MADE BY THE LAND DEED CONVEYANCER IS NOT A STATE ADMINISTRATIVE DECISION” Land Deed Conveyancer (PPAT) is the state administrative official because they carry out Government affairs based on statutory regulations (Article 1 paragraph (2) Law No. 5 Year 1996 in...

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Today’s Legal Enlightenment (Friday, November 5, 2021)

“THE WIFE’S PRENUPTIAL PROPERTY CANNOT BE CONFISCATED FOR THE DEBTS OF THE LATE HUSBAND” The responsibility of the heir to the debt of the inheritor is only limited to the amount or value of the inheritance (Compilation of Islamic Law Article 175 paragraph 2). The wife's prenuptial property cannot...

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Today’s Legal Enlightenment (Wednesday, November 3, 2021)

“COMPARATIVE SEIZURE/VERGELIJKENDE BESLAG” If it is true that the goods that been seizure in this case are conservatoir beslag/CB in other cases which do not yet have permanent legal force, a request for comparative seizures or vergelijkend beslag may be requested by the party...

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Today’s Legal Enlightenment (Tuesday, November 2, 2021)

“RELIGIOUS CONVERSION DOES NOT CAUSE THE MARRIAGE TO BE ANNULLED” According to the law, religious conversion does not result in the annulment of the marriage (Article 72 HOCI). Based on Article 66 of Law No. 1/1974 in conjunction with Article 47 Government Regulation No. 9/1975, Article 72 of the...

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Today’s Legal Enlightenment (Monday, November 1, 2021)

“THE EXISTENCE OF A LIMITED LIABILITY COMPANY THAT HAS NOT BEEN ANNOUNCED IN THE STATE GAZETTE” The announcement of the Limited Liability Company in the State Gazette does not mean that the Limited Liability Company is not a legal entity, but its liability to third parties is as regulated in...

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Today’s Legal Enlightenment (Sunday, October 31, 2021)

“THE JUDGE HAS THE AUTHORITY TO REJECT THE DEFENDANT'S REQUEST TO POSTPONE THE TRIAL” For the sake of the court's function, which must resolve a case by providing prompt justice, the Judge has the authority to reject the request of the Defendant who requests that the trial be postponed every time,...

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Today’s Legal Enlightenment (Saturday, October 30, 2021

“LIFE INSURANCE CLAIM GRACE PERIOD” The grace period for submitting a life insurance claim by the insured's heir can be calculated from the time the heir knows the requirements to file the claim. Supreme Court Decision No. 3726 K/Pdt/1985 Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, October 29, 2021)

“THE VILLAGE LETTER C BOOK IS NOT PROOF OF OWNERSHIP RIGHT” The Village Letter C Book is not proof of Ownership Rights, but is only a person's obligation to pay taxes on the land they control. Supreme Court Decision No. 0234 K/Pdt/1992 Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Thursday, October 28, 2021)

“LAND CERTIFICATE DECLARED VOID” The land certificate, which was issued earlier than the Sale and Purchase Agreement, has no legal basis and is DECLARED NULL AND VOID. Issuing land certificates without submitting an application from the owner is invalid. Supreme Court Decision No. 1588K/Pdt/2001...

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Today’s Legal Enlightenment (Wednesday, October 27, 2021)

“COMPUTER CRIME, UNAUTHORIZED BANK FUND TRANSFER” In dealing with this modern-style theft (money) case, the Supreme Court (MA) has expanded the understanding of the elements in the theft offense: -  “The element of taking the goods”, besides being done physically, can also be done without touching...

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Today’s Legal Enlightenment (Tuesday, October 26, 2021)

“REALISTIC CONCURSUS RULES, TRUCK AND TRAIN ACCIDENT” A Defendant is proven to have committed two kinds of criminal acts, ex Article 360 (2) of the Criminal Code and Article 409 of the Criminal Code, then this is a “combination of two kinds of actions” each of which must be viewed as a separate...

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Today’s Legal Enlightenment (Monday, October 25, 2021)

“CIVIL EXECUTION WITH CRIMINAL SEIZURE” A plot of disputed land which is controlled by the Defendant has been placed for security seizure (CB) by the State Court in a civil case. A year later the land was confiscated again by the Prosecutor's Office as evidence of the criminal act of corruption...

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Today’s Legal Enlightenment (Sunday, 24 October 2021)

Appeal against an International Arbitration Award The decision of the District Court which rejects the application for the cancellation of the national arbitral award cannot be filed for legal appeal to the Supreme Court. An appeal to the Supreme Court on the decision of the District Court which...

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Today’s Legal Enlightenment (Friday, 22 October 2021)

Prayer regarding demands for payment in foreign currency Prayer to pay a sum of money in a foreign currency must contain an order from the defendant to convert it into rupiah according to the middle rate of exchange of Bank Indonesia at the time the payment was made. Supreme Court Decision No....

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Today’s Legal Enlightenment (Wednesday, 20 October 2021)

"Mixed marriages must be reported" Marriages between Indonesian citizens and foreign nationals (mixed marriages) that take place abroad must be reported to the local Representative of the Republic of Indonesia. If not, then the application submitted to the District Court for the Civil Registry...

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Today’s Legal Enlightenment (Tuesday, 19 October 2021)

"Newmont Nusa Tenggara case against the Governor of NTB" The provisions in the contract of work are Lex Specialis from the provisions of the applicable laws and regulations. Supreme Court Decision No. 13/B/PK/PJK/2013 dated April 2, 2013 Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Monday, 18 October 2021)

International Arbitration Award "Cancellation Lawsuit" - Pertamina Case Against Karaha Bodas The Central Jakarta District Court is not authorized to examine and decide on a lawsuit for the cancellation of the "International Arbitration Award", because based on Article V point (1) letter e, New...

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Today’s Legal Enlightenment (Sunday, 17 October 2021)

Faulty security seizure The security seizure (Conservatoir Beslag) against the house that the defendant uses as a "doctor's practice" is not under the Civil Procedure Code because the house is a means of earning a living or the defendant's livelihood as a doctor in carrying out his work. Supreme...

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Today’s Legal Enlightenment (Saturday, 16 October 2021)

Unauthorized notarial deed A notarial deed as an authentic deed contains 2 legal actions: 1. acknowledgment of debt and 2. absolute power to sell land, so this deed has violated the adage that an authentic deed only contains one legal act. Such a notation deed does not have an "executorial title"...

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Today’s Legal Enlightenment (Friday, 15 October 2021)

Grants to adopted children A widow during her lifetime has the right to donate her property to her adopted child. The amount of the assets that may be donated is limited to a maximum of one-third of the total assets owned by the widow. While the rest of the property is the right of the widow's...

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Today’s Legal Enlightenment (Thursday, 14 October 2021)

New evidence on review that the new evidence (Novum) does not meet the provisions of Article 69 letter b of Law no. 14 of 1985 because the novum was not sworn in by the competent authority and the day and date of the discovery of the novum was not stated. The legal consequences of this novum...

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Today’s Legal Enlightenment (Wednesday, 13 October 2021)

Intervention (Derden Verzet) on security seizure (Conservatoir Beslag) An intervention submitted by a third party against a security seizure that has been placed by the District Court in a civil lawsuit, the intervention of the third party (derden verzet) is still justifiable and acceptable as...

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Today’s Legal Enlightenment (Tuesday, 12 October 2021)

"The breach of contract claim cannot be combined with an unlawful act claim" the arguments of the claim that combine the argument of breach of contract and the argument of unlawful act cause the claim to be unacceptable because the claim for breach of contract on the agreement with the claim of...

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Today’s Legal Enlightenment (Monday, 11 October 2021)

A person gives a testamentary grant on the condition that the beneficiary will take care if the grantor is sick. In its development, the grantor is sick but is not taken cared by the beneficiary of the testamentary grant. In this case, the Supreme Court is of the opinion that the grantor can/may...

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Today’s Legal Enlightment (10 October 2021)

If the debt is not paid according to the agreement, a breach of contract has occurred. However, regarding the amount of the late penalty of 10% per month of the remaining principal debt, even though it was agreed upon, according to the supreme court the amount of the penalty was deemed...

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Today’s Legal Enlightenment (Friday, October 8, 2021)

The act of admitting that an item belonging to another person, wholly or partly as his own, has fulfilled the elements of embezzlement, moreover the item is then sold to another person. Supreme Court Decision No. 1046 K/Pid/1995 dated June 26, 1996 Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Thursday, October 7, 2021)

The rights of a widow who does not have a child to the inheritance of her husband in the Batak Karo tribe. The facts of the trial proved that the disputed assets came from the parents of the plaintiff and the late defendant's husband (wife) which means the original property belonging to the...

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Today’s Legal Enlightenment (Wednesday, October 6, 2021)

Criminal liability is individual. Shop owners/employers cannot be held responsible for criminal acts committed by their employees, with the consideration that (i) a crime is individual in nature in the sense that it is not certain that what was done by subordinates can also be imposed on their...

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Today’s Legal Enlightenment (Tuesday, October 5, 2021)

The truth of the press "does not have to be absolute truth" because if it is absolute truth that can be reported, it means that from the beginning the life of a free and responsible press has died before it was born. Supreme Court Decision No. 3173 K/Pdt/1991 Garuda v. Anif Case Regards, Fredrik...

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Today’s Legal Enlightenment (Monday, October 4, 2021)

Prayers/demands in a civil claim must be based on and supported by legal facts that are clearly described in the claim so that there appears to be a relationship between the legal facts and the prayers. If the relationship does not exist, then the claim is obscure and unclear (obscuur libel), so...

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Today’s Legal Enlightenment (Sunday, October 3, 2021)

A company (PT Kombet) obtained a loan from a bank (Bapindo) with personal guarantee and borgtoch from the shareholders of that company. Then the shareholders sell their shares with the promise that the debt guarantee from the old shareholders will be canceled and the new shareholders (buyer) will...

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Today’s Legal Enlightenment (Saturday, October 2, 2021)

An importer who has opened an L/C at a bank, based on an order from an indentor, to import goods from abroad and a foreign exporter has sent the goods ordered through the L/C. If the customs officer at the stopover port during inspection finds other goods in the container that are not listed in...

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Today’s Legal Enlightenment (Friday, October 1, 2021)

Annulment of Land Certificates (Case of Gelora Pancasila Surabaya). Granting of new rights to land originating from the European Conversion of Rights (Recht van Eigendom) according to Presidential Decree no. 32/1979 jo. Minister of Home Affairs Regulation No. 3/1979 jo. No. 5/1973 is given...

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Today’s Legal Enlightenment (Wednesday, September 30, 2021)

Private university, in this case Trisakti University is a civil legal entity that organizes higher education, where the rector is proposed and appointed by the senate and the foundation with approval from the government, i.e. Minister of Education. Therefore, private universities are an extension...

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Today’s Legal Enlightenment (Wednesday, September 29, 2021)

Husband who was a civil servant was transferred from Jakarta to Makassar, then moved and lived in Makassar. However, the wife was not willing to follow her husband and settled in Jakarta and even gave the husband the authority to take care of the divorce. The wife's actions can be categorized as...

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Today’s Legal Enlightenment (Tuesday, September 28, 2021)

Objections to the Judex Facti decision regarding forced money (dwangsom) because it is not stipulated in the HIR (RBg) but is only contained in Article 606a Rv must be set aside, because forced money can actually be based on Article 225 HIR (Article 259 RBg). Supreme Court Decision No. 24...

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Today’s Legal Enlightenment (Monday, September 27, 2021)

The decision of the High Court containing the annulment of the legal relationship between the defendant and a third party must be annulled, for that the third party must be included as a defendant. Supreme Court Decision No. 938 K/Sip/1971 dated September 30, 1972 Regards, Fredrik J....

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Today’s Legal Enlightenment (Sunday, September 26, 2021)

Everyone knows that filling gas outside a gas station is very dangerous. If a person despite knowing the dangers still fills gas by using a bucket (outside the gas station) then he must bear the risk. The fire occurred due to the negligence of an employee of PO NV Bintang in carrying out his work,...

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Today’s Legal Enlightenment (Saturday, September 25, 2021)

If it is true that the goods confiscated in this case have security seizure (conservatoir beslag) in other cases which do not yet have legal and binding power, a request for adjustments of confiscation /vergelijkend beslag by the party concerned can be requested. Supreme Court Decision No. 1326...

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Today’s Legal Enlightenment (Friday, September 24, 2021)

Grant more than the prayer of the case is permitted, as long as it is in accordance with the legal facts. In addition, in the procedural law that applies in Indonesia, both criminal and civil procedural law, judges are active. Supreme Court Decision No. 425 K/Sip/1975 dated July 15, 1975 Regards,...

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Today’s Legal Enlightenment (Thursday, September 23, 2021)

The Interlocutory Decision CANNOT BE APPEALED INDEPENDENTLY. In order to file an appeal against the Interlocutory Decision, ONE MUST FIRST WAIT FOR THE FINAL DECISION, then an appeal can be filed together with the Final Decision. Supreme Court Decision No. 316 K/Pdt/1994 dated May 28, 1997...

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Today’s Legal Enlightenment (Wednesday, September 22, 2021)

The dispute between the Plaintiff (husband) and the Defendant (wife) which was caused by the fact that the Plaintiff is having a relationship with another woman as his mistress who had lived together, COULD NOT BE USED AS A REASON FOR DIVORCE, because the quarrel was not a dispute that could not...

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Today’s Legal Enlightenment (Tuesday, September 21, 2021)

According to the Supreme Court, the High Court was mistaken in its consideration stating that the Lhoksumawe branch of Bank Duta was only a branch of the Central Bank Duta, and thus did not have the legitimacy of persona standi in judicio, EVEN THOUGH THE BRANCH OFFICE WAS AN EXTENSION OF THE...

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Today’s Legal Enlightenment (Monday, September 20 2021)

A person is charged with committing criminal act under Article 23 (1) (3) in conjunction with Article 36 (1) sub “a” of Law No. 9/1976 on Narcotics. During the hearing, it was proven that the tree seed planted by the Defendant was marijuana tree. However, the Defendant DID NOT KNOW that the tree...

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Today’s Legal Enlightenment (Sunday, September 19, 2021)

A non-Muslim wife who is left behind by a Muslim husband is not an heir, but she is entitled to a mandatory will from her husband's inheritance as much as a portion of the wife's inheritance. Supreme Court Decision No. 16 K/AG/2010 dated April 30, 2010 The term mandatory will can be seen in...

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Today’s Legal Enlightenment (Saturday, September 18, 2021)

The High Court has wrongly applied the procedural law because the conclusions drawn by the High Court WERE NOT BASED ON THE EVIDENCE PRESENTED IN THE HEARING as stated in the Minutes. Supreme Court Decision No. 820 K/Sip/1977 dated February 21, 1980 Regards, Fredrik J. Pinakunary

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Today’s Legal Enlightenment (Friday, September 17, 2021)

Each compensation claim must be accompanied by details of the loss based the basis of the claim. Without these details, the compensation claim MUST BE DECLARED INADMISSIBLE because the claim is unclear or incomplete. Supreme Court Decision No. 1720 K/Pdt/1986 dated August 18, 1988 Regards, Fredrik...

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Today’s Legal Enlightenment (Thursday, September 16, 2021)

The legal relationship between the vehicle owner and the parking business is a “custody agreement” which, if linked to Articles 1365, 1366, 1367 of the Civil Code, the Defendant is obliged to bear the loss of the Plaintiff's motorbike at the Defendant's parking area, so that with the loss of the...

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Today’s Legal Enlightenment (Wednesday, 15 September 2021)

A person who give or promise money to soccer players with the intention of persuading them to do something to make their own team lose by adjusting the score of defeat according to the wishes of the giver of the money, then if the act he persuaded was really done by the player, then the act is...

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Today’s Legal Enlightenment (Tuesday, September 14, 2021)

In relation to Article 28 of Commercial Code, a Limited Liability Company whose Articles of Association and/or deed of change of management has not yet been legalized by the Minister of Justice, the Limited Liability Company still does not have the status of a legal entity. As a result, THE THIRD...

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Today’s Legal Enlightenment (Monday, September 13, 2021)

The element of offense in Article 266 paragraph (1) of Criminal Code states, among other things: causes to insert a false statement in an authentic deed. This authentic deed element must be interpreted as specified in Article 165 HIR in conjunction with Article 1868 of Civil Code: that what is...

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Today’s Legal Enlightenment (Sunday, September 12, 2021)

Defendant I (PT Jondul Jaya Sakti) as the Developer, knows for sure that the house in Block C/No. 16 in Kuantan Jaya, Pekanbaru was built on a green line land and violates the watershed line. This is a “hidden defect” that the Plaintiff (Buyer) is not aware of, but the Developer still sells it to...

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Today’s Legal Enlightenment (Saturday, September 11, 2021)

Civil claim regarding Unlawful Act, Article 1365 of Civil Code, do not always have to be followed by claim/request for monetary compensation. If this money compensation is not asked by the plaintiff then this is not a reason for the Judge to declare the claim unacceptable. Supreme Court Decision...

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Today’s Legal Enlightenment (Friday, September 10, 2021)

To be able to combine a claim for money compensation with an examination of a criminal case that takes place in one examination package as referred to in Article 98 of the Criminal Procedure Code, the Judge is obliged and must pay attention to the conditions specified in Article 99 paragraph (1)...

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Today’s Legal Enlightenment (Thursday, September 9, 2021)

The following are the legal considerations of the Constitutional Court in making decisions containing ultra petita: The law requested for review is the “heart” of the law so that all articles cannot be implemented.The practice of ultra petita by the Constitutional Court is common in other...

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Today’s Legal Enlightenment (Wednesday, September 8, 2021)

The owner of an animal, or an individual who uses one, as long as the animal remains under his usage, is responsible for any damage caused by the animal… --> Article 1368 Civil Code By a maximum light imprisonment of six days any person who does not restrain an animal under his care, when it...

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Today’s Legal Enlightenment (Tuesday, September 7, 2021)

“Void” (nietig) is often referred to as “null and void” (van rechtswege nietig) means that the consequences of such a decision apply retroactively from the moment the decision was made that was annulled so that the situation was returned to the way it was before the decision was made. Meanwhile,...

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Today’s Legal Enlightenment (Monday, September 6, 2021)

The judicial process without material law will be paralyzed, but on the other hand without formal law it will be wild and act arbitrarily and can lead to what people fear which is a judicial tyranny. Jimly Asshidiqie, Principles of Post- Reformation Constitutional Law. Regards, Fredrik J....

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Today’s Legal Enlightenment (Friday, Spetember 3, 2021)

As Stephen L. Center puts it, when I mention integrity, I have something very simple and very clear in mind. Integrity requires three steps: distinguish what is right from what is wrong,carry out what you have studied, even at loss, andstate openly that you are doing based on your understanding of...

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Today’s Legal Enlightenment (Thursday, September 2, 2021)

Bank provides a loan to a company that has not yet obtained legalization as a Legal Entity from the Minister of Justice. However, in the Notary Deed which contains debt securities with collateral, it is stated that the debtor acts personally and as the Director of the company who is responsible...

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Today’s Legal Enlightenment (Tuesday, August 31, 2021)

After the end of the social gathering, all members MUST HAVE RECEIVED THEIR RIGHTS. If there are still some members who still have not received their rights (money) from the social gathering's organizer or management, then the act can be qualified as embezzlement (Article 372 Criminal Code)....

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Today’s Legal Enlightenment (Saturday, August 28, 2021)

Because Judex Facti bases its decision only on documents of evidence consisting of photocopies that are not legally stated to be in accordance with the original, while there are some important matters which are substantially still being disputed by the two parties, JUDEX FACTI HAS ACTUALLY DECIDED...

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Today’s Legal Enlightenment (Friday, August 27, 2021)

In civil cases, it is known that there are two types of claims for compensation, namely: Claims for material compensation in the form of losses that are actually suffered and the amount can be calculated based on the nominal money.Claims for immaterial damages are losses suffered as a result of...

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Today’s Legal Enlightenment (Thursday, August 26, 2021)

Remember the deadly Metromini bus case that killed 33 passengers on March 6, 1994 in Jakarta? The driver's actions are categorized as "DELIBERATELY WITH THE REALIZATION OF POSSIBILITY OR DOLUS EVENTUALIS", meaning that the perpetrator (driver) can predict the possibility of the outcome, even so he...

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Today’s Legal Enlightenment (Wednesday, August 25, 2021)

To define a law as lex specialis or lex generalis, it is determined by the following principles: The laws must be in the same legal regime (as if the laws are in the civil law regimes, for example between general civil law and commercial law, between general criminal law and certain military...

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Today’s Legal Enlightenment (Tuesday, August 24, 2021)

In the Anti-Corruption Law, the heaviest punishment for corporations is set, namely a fine of IDR 1 billion. Corporations can also be subject to additional punishments in Article 18 paragraph (1) of the Anti-Corruption Law. Of the four types of additional punishments regulated in that Article and...

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Today’s Legal Enlightenment (Monday, August 23, 2021)

The plaintiff's lawsuit is vague and unclear (obscuur libel) because the identity of the object of the case stated in the lawsuit and the result of the on the spot hearing are different, while the plaintiff did not change the statement of claim. Supreme Court Decision No.34K/AG/1997 dated July 27,...

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Application of Electronic Tickets

Application of Electronic Tickets

The elected chief of Indonesian National Police, Listyo Sigit Prabowo, plans to remove physical traffic tickets and replace them with electronic tickets. The purpose is to reduce extortion and bribery practice during the direct ticketing process by the Traffic Police. The legal basis for ticketing...

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Admission under Indonesian Civil Procedural Law

Admission under Indonesian Civil Procedural Law

In civil procedural law, types of evidences in court are regulated under Article 1866 of the Indonesian Civil Code (the "Civil Code") which includes: Written evidenceWitnessPresumptionAdmissionOath Admission is specifically regulated in Articles 174-176 of Herzien Inlandsch Regulations ("HIR"),...

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Building Failure Responsibility

Building Failure Responsibility

We certainly ever heard of collapsed buildings incident from the media, either the entire building collapsed or only part of it. For example, the collapsed of the IDX hallway in 2018, which became the national spotlight because there were more than 70 injured victims. In the same year, there was...

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Property Ownership in Indonesia for Expatriates

Property Ownership in Indonesia for Expatriates

Under the Indonesian Land Law, ownership of a land is divided into some land titles. The Right of Ownership (Hak Milik) may only be owned by Indonesian citizen, while for the Right to Build (Hak Guna Bangunan – HGB) and Right to Cultivate (Hak Guna Usaha - HGU) may be owned by Indonesian citizen...

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Things to Consider in Land Acquisition in Indonesia

Things to Consider in Land Acquisition in Indonesia

Due to its nature, as an immovable object, or its high value, a land transfer transaction requires a different procedure which must be taken into account by all parties in order to ensure the transfer is conducted legally and diligently. Lack of diligence and not following the legal procedure for...

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E-Court: A Breakthrough in Indonesian Court

E-Court: A Breakthrough in Indonesian Court

The spread of COVID-19 in Indonesia has undeniably affected various aspects, not only the social and economic aspect but the justice system has also been affected. As we know, each district court's hearings for both civil and criminal cases take place every day. With physical distancing...

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Limitation of Advocate’s Immunity Rights

Limitation of Advocate’s Immunity Rights

In carrying out his/her profession, an Advocate is protected by law, statute and code of ethics. In addition, Advocates have freedom which is based on the honor and personality of an Advocate who adheres to Independence, Honesty, Confidentiality and Openness. Thus, the Advocate profession is...

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The Provision of Child Adoption in Indonesia

The Provision of Child Adoption in Indonesia

In Indonesia, child adoption is not a new issue. There are many reasons for married couples to get children through adoption, but the lack of knowledge regarding the correct procedures for child adoption often causes the adopted child's status to be considered ‘illegitimate’ under the law. This...

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Marriage Card in Indonesia

Marriage Card in Indonesia

Do the future bride and groom know what documents they will get after officially becoming husband and wife? Do they also know that every newly married couple gets not only a pair of Marriage Books but also a pair of Marriage Cards? This article will discuss the Marriage Card, which is one of the...

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The Validity of E-Signature

The Validity of E-Signature

Nowadays, development is very fast when compared to ten years ago. Currently, the development of science is growing rapidly, especially with the advent of the internet era. The need for a practical world supports the growing development of cyberspace. Today, everyone needs something that is...

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Implementation of Obscuur Libel and Error in Persona Demurrer

Implementation of Obscuur Libel and Error in Persona Demurrer

A demurrer is an objection or rejection of the claim’s formal legality and is not directly related to the merit of the case. Demurrer broadly includes the demurrer of the competency of the court and the demurrer in addition to the competency of the court. Both types of demurrers are still divided...

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Legal Consequences for Illegal Streaming Sites

Legal Consequences for Illegal Streaming Sites

The rapid development of information and communication technology has made copyright piracy an area used by some people to profit. This makes Indonesia a haven for hijackers so that many Intellectual Property Rights holders are harmed even though supervision has been carried out on this matter. At...

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The Meaning of Debt in the Supreme Court’s Decision

The Meaning of Debt in the Supreme Court’s Decision

Based on our research of the Supreme Court's view regarding the meaning of debt, it appears that there are Supreme Court’s decisions that interpret debt from a broad perspective and there are Supreme Court’s decisions that interpret it from a narrow perspective. Therefore, below are several...

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Security Guard – Satpam In Law Perspectives

Security Guard – Satpam In Law Perspectives

At the end of 2019, a viral video circulated on social media about alleged abuse by the security guard unit (“Security Guard – Satpam”) to F, a 27-year-old mental hospital patient. This incident occurred at the Soeharto Heerdjan Mental Hospital (“RSJ Soeharto Heerdjan”), in Grogol, West Jakarta....

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Foreign Investment in Indonesia

Foreign Investment in Indonesia

Indonesia is open for foreign to do business in Indonesia. Indonesian government has accommodated the foreign investment business activity by enacting an Investment Law Number 25 year 2007 (the “Investment Law”). This article would explain about general issues related to Foreign Investment in...

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Deeper Understanding on Breach of Contract under Indonesian Law

Deeper Understanding on Breach of Contract under Indonesian Law

Previously, we discussed about the difference between Breach of Contract and Unlawful Act. In this article we are going to dig deeper on Breach of Contract under Indonesian Law, specifically on the issues of what forms that constitutes a breach of contract, and when is exactly a party can be...

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Shareholder’s (Un)limited Liability

Shareholder’s (Un)limited Liability

One characteristic of an Indonesian limited liability company (Perseroan Terbatas) is the separation nature between the company itself and its shareholders. The shareholders are considered separated entities with the company. Further, the shareholders enjoy a limited liability in the company. This...

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COVID-19 Pandemic and Force Majeure (Overmacht)

COVID-19 Pandemic and Force Majeure (Overmacht)

The Coronavirus Disease 2019 (COVID-19) has caused discourse about Force Majeure especially with regards to the performance of an agreement. The issuance of the Presidential Decree Number 12 Year 2020 regarding the Determination of Non Natural Disaster of the Outbreak of Corona Virus Disease 2019...

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Consumer Protection in Indonesia

Consumer Protection in Indonesia

Consumer protection is a very important topic for the community, which incidentally is never separated from consumption activities. Implementing consumer protection is to connect various dimensions that have relationship and dependence between consumers, entrepreneur, and the government.[1] In...

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Site Visit Examination (Descente)

Site Visit Examination (Descente)

The civil procedural code stipulates the types of evidences, the minimum limits and the strength of evidentiary. Article 164 HIR, 284 R.Bg and 1866 Civil Code states the details of evidence in civil procedural law, namely written evidence, witness evidence, allegations, confessions, and oaths....

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The Implementation of In Dubio Pro Reo Principle

The Implementation of In Dubio Pro Reo Principle

History and Definition In examining a case, the judge is bound to prioritize the application of the provisions of the law (statue law must prevail). Judges must look for, find, and determine whether there are provisions of the law that governs the issues on a case. So it is said that judges must...

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Employment Agreement and Collective Labor Agreement

Employment Agreement and Collective Labor Agreement

When a person is hired by a company, he/she will sign an employment agreement[1]. This employment agreement creates an employment relationship between the entrepreneur and the worker/labor. For an employment agreement to be valid, it must fulfill the following requirements: consent from both...

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Summons of Defendants Domiciled Abroad

Summons of Defendants Domiciled Abroad

Before the hearing begins, the court will summon the defendant through a summons. If the defendant is domiciled in Indonesia, the summons is delivered directly to the defendant. However, what if the defendant is domiciled abroad? The procedure for summoning defendants domiciled abroad is...

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Criteria of Processed Food Label and Food Advertisement

Criteria of Processed Food Label and Food Advertisement

When we buy food or drink that is processed in a certain way or method with or without additives, or known as processed food, there is some information on the product packaging. The information found on processed food packaging is known as processed food labels. A processed food label is any...

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Contempt of Court in Indonesia

Contempt of Court in Indonesia

Do you still remember the incident of an Attorney who hit a Judge using a belt when the Judge was reading a decision in the Central Jakarta District Court? According to the news in the mass media, the Judge, who was a victim in the incident, made a report to the Central Jakarta District Police....

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Retroactive Principle in Indonesia

Retroactive Principle in Indonesia

The right not to be sued based on retroactive law is a human right which cannot be reduced in any circumstances as stipulated under Article 28 letter I paragraph 1 of the Indonesian Constitution Year 1945 (“1945 Constitution”): “Right to live, right not to be tortured, right not to be enslaved,...

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Refusing the State to “Enter” the Bedroom

Refusing the State to “Enter” the Bedroom

by: Fredrik J. Pinakunary Partner of the Fredrik J. Pinakunary Law Offices Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed (Martin Luther King Jr.). This phrase seems to represent the "struggle" of many people who demanded to revoke the Family Resilience...

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Unlawful Act v. Breach of Contract

Unlawful Act v. Breach of Contract

In the civil procedural law practice, an unlawful act claim is often submitted together with the arguments related to breach of contract. Therefore, it needs to be explained that a claim filed based on an unlawful act and claim filed based on breach of contract is based on two different legal...

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Marital Agreement

Marital Agreement

The Constitutional Court of Indonesia has granted judicial review on Article 29 paragraph (1) of Law Number 1 of 1974 concerning Marriage (“Marriage Law”) through Decision Number 69/PUU-XIII/2015. Previously Article 29 paragraph (1) of the Marriage Law limits making nuptial agreements or division...

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Punishment for Anyone who Hoards Goods in Time of Scarcity

Punishment for Anyone who Hoards Goods in Time of Scarcity

Panic strikes the public after the Indonesian President announced that two Indonesian citizens were infected with coronavirus (COVID-19). After the announcement, many people were ‘hunting’ for drugs, antiseptics, and facemasks in pharmacies. Besides that, basic needs, such as rice and instant...

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Understanding Immediately Executable Judgment

Understanding Immediately Executable Judgment

In a lawsuit, it is often found that a Plaintiff submits a request that allows the court to immediately give an executable judgment. This article will briefly describe it. In principle, the implementation of a decision or execution can only be carried out after a case has permanent legal force (In...

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Child Custody After Divorce

Child Custody After Divorce

The number of divorce cases in Indonesia always shows an increase every year. The reasons also vary, ranging from incompatibility, domestic violence, age differences, financial problems to the presence of a third person. Although a once-married couple is officially divorced and is no longer living...

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Suing Foreign Parties in Court

Suing Foreign Parties in Court

The issue of suing is still an interesting thing to discuss. In this article, the author will discuss Article 100 Reglement op de Rechtsvordering (“RV”) which is usually used as the legal basis for filing a civil suit against a foreign party in a District Court in Indonesia. Article 118 (1)...

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Typo on Article 170 of the Draft of Employment Law (Cipta Kerja)

Typo on Article 170 of the Draft of Employment Law (Cipta Kerja)

A typo was suddenly famous after many parties protested against Article 170 Paragraph (1) of the Draft Employment Law which, in principle, violates the order of laws and regulations because the draft states that the Central Government has the authority to change the provisions in the Law through...

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The Criminal Act of Publishing or Spreading Fake News (Hoax)

The Criminal Act of Publishing or Spreading Fake News (Hoax)

At the beginning of 2020, Indonesians were bombarded by the news regarding Sunda Empire, a solidarity that has been active since 2017. Based on the news, Sunda Empire has around 1000 followers from West Java to Aceh. Their activity then was under surveillance and in the end, they’re processed...

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Understanding Actio Popularis or Citizen Lawsuit

Understanding Actio Popularis or Citizen Lawsuit

This article will discuss a lawsuit concept known as the Actio Popularis Lawsuit or the Citizen Lawsuit. First of all, we will convey the understanding from the opinion of the Dutch Law Scholars, HRW Gokkel and N. Van Der Wal in his book titled "Juridisch Latijn", vierde druk Tjeenk Willink,...

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Suspension of Detention

Suspension of Detention

In the case of a person suspected of having committed a crime, the case of which is being investigated by the police, the police, in this case, the investigator or assistant investigator based on the order from the investigator, has the authority to detain the suspect. Detention is the placement...

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An Atheist Witness, How Does He/She Swear Before The Court?

An Atheist Witness, How Does He/She Swear Before The Court?

In handling cases in court, sometimes we encounter situations where the person who will give testimony in a trial is an atheist. The following is an analysis of whether there is an obligation to recite oath or pledge for witnesses who are atheists or who do not have a religion in a trial at the...

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Indonesian Civil Procedural Law in Practice

Indonesian Civil Procedural Law in Practice

This article will explain the civil procedural law in practice based on the writer’s experience and observation. As we know that there are some steps or periods, those are pre-trial, trial and post-trial. Therefore, we will explain what is needed to be prepared in each of the steps. I. PRE TRIAL...

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Repudiation in a Contract

Repudiation in a Contract

Termination of contract aims to bring both parties back to the state before the contract was entered into. If a party has received something from another party, either money or goods, then the money or goods must be returned as a result of the termination of contract. One-sided termination of a...

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Dissenting Opinion in Indonesia

Dissenting Opinion in Indonesia

Based on Black’s Law Dictionary 9th Edition, the definition of dissenting opinion is: “An opinion by one or more judges who disagree with the decision reached by the majority. -- Often shortened to dissent. -- Also termed minority opinion.” Which, if translated into Indonesian, is the opinion of...

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Witness Summon at the Investigation Level

Witness Summon at the Investigation Level

There are several stages that must be passed before a criminal case is adjudicated in the court. These stages include pre-investigation, investigation and prosecution. Pre-investigation is the initial action to look for and find whether there is a criminal offense that occurred. Meanwhile, an...

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Copy of Court Decision, Can We Get It?

Copy of Court Decision, Can We Get It?

As a general public, there are times when we need a Court Decision. Either to research, read as a reference, or maybe we have a similar case with the previous case that already has a Court decision. In this global era, with everything that uses the internet, it is very easy to get a copy of the...

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Evidence, Liability, and Human Rights in Aviation

Evidence, Liability, and Human Rights in Aviation

On October 29, 2018, the world was again shaken with a very heartbreaking incident. Lion Air JT 610, which was scheduled to arrive at Pangkal Pinang at 7:20 am, lost contact shortly after taking off from Soekarno Hatta Airport, Tangerang. The plane carrying 181 passengers (178 adults and 3...

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Airline Liability in Case of Flight Delay

Airline Liability in Case of Flight Delay

Traveling by airplane is almost always the first choice. Besides being fast, using an airplane can make it easier for us to manage our time. But not every flight always goes according to plan. Sometimes we have to deal with flight delays, which might not be acceptable for some or even most people....

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Lost Baggage and It’s Regulation in Indonesian Law

Lost Baggage and It’s Regulation in Indonesian Law

Lost baggage is not a new problem in Indonesia. The common thing we do when we find out our baggage is missing is to file a report to the airline. If you are lucky, the baggage will be returned, even though it requires an uncertain time, as the process can be fast or slow depending on the case....

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Enforcement of Environmental Law in Indonesia

Enforcement of Environmental Law in Indonesia

Introduction Legal protection for the environment in Indonesia is begun several years after the Indonesian independence, however, its legislation was scattered. Since 1982, in general, the legal protection of the environment in Indonesia has been formally established with the enactment of Law No....

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Is A Foreign Advocate Allowed To Practice In Indonesia?

Is A Foreign Advocate Allowed To Practice In Indonesia?

In today's global era, national borders seem to be non-existent. Someone from one country can easily work in another country. The type of work also varies, ranging from directors, teachers, cooks, to advocates. In this article, we will discuss specifically the regulation for employing foreign...

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The Shifting Definition of Corruption Offenses

The Shifting Definition of Corruption Offenses

The Shifting Definition of Corruption Offenses In the beginning, the definition of corruption offense is regulated under Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning Eradication of Corruption ("Anti-Corruption Law"), Article 2 paragraph (1) which states: "Any person who...

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Closer Look at Lion Air JT-610 Tragedy from Legal Perspective

Closer Look at Lion Air JT-610 Tragedy from Legal Perspective

A Closer Look at Lion Air JT-610 Tragedy from a Legal Perspective Concern over the tragedy of Lion Air JT-610 which fell on 29 October 2018 and deep sympathy from every component of the nation may be a source of consolation and strength for the families left behind. We continuously pray and hope...

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Defamation, When Can You Complain?

Defamation, When Can You Complain?

Since the enactment of Law Number 11 Year 2008 on Electronic Information and Transactions as amended by Law Number 19 Year 2018 on Amendment to Law Number 11 Year 2008 on Electronic Information and Transactions (“ITE Law”) many incoming complaints and reports to the Police are using ITE Law....

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Legal Right of Suspect – Miranda Rules

Legal Right of Suspect – Miranda Rules

For those of you who enjoy Hollywood big-screen films, you must be familiar with the scene of arresting criminals by the police; the police often say the following: “You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for...

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IATA Aviation Liability Reporter 2019

IATA Aviation Liability Reporter 2019

legal developments relevant to aviation legal liability, both the interpretation in Indonesian jurisdiction of the international aviation liability conventions and domestic aviation litigation Lately, the community, especially the legal heirs, has understood more about the rights and obligations...

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Cutting the “Vein” of Corruption

Cutting the “Vein” of Corruption

Corruption is usually committed by a person who occupies a certain position and is intellectually capable to execute their intention, but first and foremost, money or asset is the “vein” that drives a person to commit it. Money, as the “vein”, streams blood in order to activate corruption; without...

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The Shifting Definition of Corruption Offenses

Corruption: The Investment Enemy

In his second term as the President, President Jokowi will certainly boost investment as widely as possible in Indonesia. As a result, each of the relevant ministries and state institutions, particularly the Investment Coordinating Board (“BKPM”) is required to act in an innovative and creative...

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