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Can a foreign marriage be legally recognized in Indonesia?

Yes, a foreign marriage can be recognized in Indonesia under certain conditions. It must comply with the laws of the country where it took place and meet specific requirements outlined by Indonesian law, such as registration with Indonesian government authorities and Indonesian court.

How do I register a foreign marriage in Indonesia?

To register a foreign marriage in Indonesia, you typically need to submit a marriage certificate issued by the foreign country’s competent authority to the Indonesian Civil Registry Office (Dinas Kependudukan dan Catatan Sipil). Additional documents may be required depending on local regulations. If you do not register it and it has been exceeded by more than 1 (one) year, registration is legally required through the Indonesian court mechanism.

What are the legal implications of not registering a foreign marriage in Indonesia?

Failure to register a foreign marriage in Indonesia may lead to not having a legal standing and complications in legal matters such as property ownership and inheritance matters. It is important to ensure proper registration to secure legal recognition and rights in Indonesia.

How can I file for Divorce in Indonesia?

In Indonesia, divorce can be filed through the Religious Court (for couples of the same Muslim religion), or the District Court (for Non-Muslim religion and mixed-religion marriages). You must meet certain grounds for divorce as stipulated in Indonesian law.

What are the grounds for divorce in Indonesia?

Grounds for divorce in Indonesia may vary, it can include adultery, cruelty, abandonment, absence for a certain period, irreconcilable differences, etc.

What is the process of divorce in Indonesia?

The divorce process involves filing a petition, attending mediation (it is required by law), attending court hearings process, and presenting evidence to support grounds for divorce, then an Indonesian court will issue a court decision.

How long does it take to finalize a Divorce in Indonesia?

The duration varies depending on the complexity of the case and whether the parties agree on terms. On average, it can take 6 (six) months, or it will be faster if both parties have agreed on terms.

How can I plan for Inheritance in Indonesia?

Estate planning in Indonesia involves drafting a will (wasiat) to specify asset distribution and minimize tax implications. Consulting with our legal expert can help you ensure your wishes are legally documented and executed.

What is the Prenuptial Agreement?

Prenuptial Agreement, often referred to as “Perjanjian Pra Nikah” in Indonesian, is a legal contract entered into by couples before marriage. It outlines the rights and responsibilities of each party regarding property ownership and distribution, financial arrangements, and other assets in the event of divorce.

What is the Postnuptial Agreement?

Postnuptial Agreement, known as “Perjanjian Setelah Nikah” in Indonesian, is similar to a Prenuptial Agreement but is entered into after marriage.

What are the benefits of having a Prenuptial or Postnuptial Agreement?

These agreements provide certainty and predictability in asset division, protect family wealth, and reduce conflicts in the event of divorce or separation. They allow couples to plan for the future and safeguard their financial interests.

What is a Company Registry document?

A Company Registry document is a formal record by Indonesian Ministry of Law and Human Rights that contains key information about a registered company in Indonesia, such as its legal name, address, shareholders, and directors.

Why is it important to check a company’s background before doing business?

Conducting a background check helps you verify a company’s legitimacy and legal standing, minimizing risks and ensuring trustworthiness.

What information can be obtained from a Company Registry search?

You can obtain details like the company’s legal status, registration number, shareholders, board of directors, authorized capital, and business activities.

What should I do if a company’s registry details seem suspicious?

Consult with our lawyers immediately to investigate further and ensure that all necessary legal actions are taken to protect your interests.

Is it possible to check whether a company has legal disputes or cases against it?

Yes, it needs further investigation.

Can I check the history of changes in a company’s structure?

Yes.

What types of company can I conduct background checks?

It is for foreign-owned company in Indonesia (PT Penanaman Modal Asing (PT PMA) and local company in Indonesia (PT PMDN).

What is Contract Drafting?

Contract drafting involves creating legally binding agreements tailored to the needs of the parties involved, ensuring all essential terms and conditions are clearly defined.

Why is contract review important?

Contract review helps identify potential risks, clarify obligations, and ensure that the contract aligns with your legal and business interests, preventing future disputes.

What should be included in a contract?

Key elements include the parties’ identities, terms of the agreement, rights and obligations, payment details, dispute resolution mechanisms, and termination conditions.

Do contracts in Indonesia need to be in Bahasa Indonesia?

Yes, under Indonesian Law No. 24 of 2009, contracts involving Indonesian entities must be drafted in Bahasa Indonesia. However, bilingual contracts are also common for international dealings.

How long does it take to draft or review a contract?

The timeframe depends on the complexity of the contract. Simple agreements can be handled in days, while more complex contracts may take longer due to negotiations or specific legal considerations.

Can I modify a contract after signing it?

Yes, contracts can be modified post-signature, but amendments must be agreed upon by all parties and documented in writing to be enforceable.

What are common mistakes in contract drafting?

Common mistakes include ambiguous terms, missing key clauses, overlooking applicable laws, and failing to address dispute resolution.

Do I need a lawyer for every contract?

While not legally required, consulting a lawyer ensures the contract is legally sound, protects your interests, and avoids potential pitfalls.

What happens if a contract term is violated?

If a contract term is violated, it constitutes a breach. The non-breaching party may seek legal remedies such as damages, contract termination, or specific performance, depending on the contract’s terms.

What are the risks of using template contracts?

Templates may not account for the unique aspects of your transaction or relationship, which can lead to gaps in protection or unforeseen legal risks.

Is electronic signature valid in Indonesia?

Yes, electronic signatures are legally recognized in Indonesia under the Electronic Information and Transactions Law, provided they meet certain requirements.

Can international contracts be governed by foreign law?

Yes, parties can choose foreign law to govern their contract. However, the contract must still comply with Indonesian law when it involves Indonesian parties or is executed in Indonesia.

What should I look for in a contract review?

Look for clarity in obligations, fairness in terms, compliance with Indonesian laws, potential risks, and whether your rights and interests are adequately protected.

Overstaying your visa or KITAS can lead to fines of IDR 1 million per day, and if overstaying persists, deportation and potential blacklisting from Indonesia are possible. It’s important to ensure timely renewals and proper visa management.

In the event of a Merger or Acquisition (M&A), employees’ rights and contracts must be maintained, or the new employer must negotiate new terms with the affected employees. Severance and compensation payments may be applicable if there are changes to the employment terms or if employees are terminated as a result of the merger.