Procedure for Processing Lost Passport For Foreign Nationals In Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Law of Contract Marriages That Often Occurs in the 'Puncak Area' of Bogor and Cianjur", read also: "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about: Procedure for Processing Lost Passport For Foreign Nationals In Indonesia. The steps to take care of a lost passport abroad are as follows:

1. Report the Loss to Local Authorities

Go Immediately to the nearest Police Station and report your lost passport. The Police officer will provide a form that you must fill out and complete with your personal data. You will also be asked to write down the chronology of the incident of the loss of your passport clearly.

2. Contact the Embassy/Consulate General Office

After dealing with the authorities, then you need to contact the Embassy Office to report your lost passport. We recommend that you contact the Embassy by telephone while you are still at the Police Station because if you have any problems, you can immediately ask the police for help.

After that, you have to go to the embassy office. Ask the address first, if you don't know the place. In general, embassies are located in the capital city of Indonesia, namely Jakarta. As for the Consulate General Offices of certain countries, there are also available in several provinces.

3. Temporary Passport/Travel Letter Like Passport

At the Embassy office, you will be given a Temporary Passport/Travel Letter Like Passport which serves as a temporary passport to replace your lost passport.

There are several requirements that must be completed in order to get the Temporary Passport/Travel Letter Like Passport. Completeness that must be met to get the Temporary Passport/Travel Letter Like Passport according to the rules of the Embassy are:

• ID Card;
• Birth certificate/marriage book;
• Family card;
• Certificate of loss from the local Police Office;
• Copy or photocopy of passport--if any;
• Application form for Temporary Passport/Travel Letter Like Passport which has been completely filled out and signed;
• A passport size photo with a light colored background;
• Pay the fee for making a Temporary Passport/Travel Letter Like Passport;
• Ect.--if any. 

The lengthy process depends on the Embassy in each country, it can be only one day but can also take several weeks. The process of issuing a Temporary Passport/Travel Letter Like Passport can take a long time if the applicant is unable to show an identity card and citizenship status. 

After completing the entire process above, and having a Temporary Passport/Travel Letter Like Passport in hand, you can continue your agenda in Indonesia, such as vacationing in Bali or Lombok Island, or maybe continuing your business trip in Jakarta. However, as soon as you arrive back in your country, immediately arrange for a new passport because the old passport is lost, which is basically the same as the steps described above. And if you have any issue with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

_________________

Reference:

1. "Mengurus Paspor Hilang", indonesia.go.id., Diakses pada tanggal 23 Desember 2021, https://indonesia.go.id/kategori/keimigrasian/1307/mengurus-paspor-hilang

The Law of Contract Marriages That Often Occurs in the 'Puncak Area' of Bogor and Cianjur

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "No Name and No Game Case: A Hilarious But True Court Cases You Won’t Believe", read also "The Role of Law in Sharia Economic Development", and on this occasion we will discuss about The Law of Contract Marriages That Often Occurs in the 'Puncak Area' of Bogor and Cianjur. This article is entirely taken from: www.pa-cianjur.go.id., entitled: "Tinjauan Yuridis Kawin Kontrak Dan Akibat Hukumnya or Juridical Overview of Marriage Contracts and Its Legal Consequences", link as reference below. 

Term and History of Contract Marriage

The natural beauty in the 'Puncak area' (Jabal), both in the Bogor Regency and Cianjur Regency, is very popular among domestic and foreign tourists, especially from the Middle East. Generally, they make the Puncak area a favorite destination for tourism. The presence of these tourists, on the one hand, has a positive impact, namely to stimulate the economy of the people in the region. But on the other hand, the social phenomenon that people complain about is the widespread practice of contract marriage.

Contract marriage, in Arabic is known as mut'ah marriage. Mut'ah marriage is a compound word consisting of two words, namely marriage and mut'ah. Marriage in language is a contract and watha'. In this term, marriage is defined as a contract. The word marriage is then juxtaposed with the word mut'ah. 

From a historical point of view, contract marriage is a legacy of the traditions of pre-Islamic society. This tradition is intended to protect women in their tribal environment. During the Islamic period, the history of the emergence of mut'ah marriage was motivated by several factors, among others, because in the early days of the spread of Islam, there were very few legal provisions. Besides that, it is also because of the factor of facing the enemies of Islam who continuously even have to go to war. So that the Muslims at that time had to be willing to be away from their wives who were left behind in the war which could take up to tens of days. In that condition they could not afford and did not have time to go home to his wife. In this condition, it is indeed permissible to have a contract marriage, because it is truly in a state of war emergency. Meanwhile, at this time, it is not relevant at all because there is no reason whatsoever that can legitimize the marriage contract or muaqqat.

Contract Marriages In Practice at 'Puncak Area'

In practice that often occurs in the 'Puncak area' in particular, the process of implementing a contract marriage itself is not complicated, if it is certain that a contract marriage is going to be carried out, the man (usually from a Middle Eastern country) must come to the residence of the woman's family and make sure who is the woman's family. Apart from that, all women who do contract marriages usually fake their family identities or tell other people to pretend to be their family. After that, accompanied by the person who introduced the woman, there was a contract marriage.

The implementation is not through an application, they directly carry it out at the women's residence with a witness guardian and a "rough" head. Usually the rulers, witnesses and guardians are just pretending, but the Arabs don't care about this. Although there is no application process, the dowry is usually a cash amount.

There are no other conditions for a contract marriage to take place, there is no written agreement but verbally through the agreement of both parties regarding the period of marriage. There is no wedding reception in the implementation of a contract marriage. After completing the marriage contract, the woman is then taken to the villa where the man stays for a certain time.

From these common practices, it can be concluded that mut'ah marriages or contract marriages have the following characteristics:

1. Ijab qabul using the words marriage or with the word mut'ah;
2. Without a guardian;
3. Without witnesses;
4. There are time-limited provisions;
5. There is no inheritance between husband and wife;
6. No divorce;

The Law of Contract Marriages According To Islamic Teaching

A marriage that is carried out without a guardian and witness is void, because the guardian and witness are included in the pillars of marriage. A marriage ends when there is a divorce, death and court decision. This is different from a contract marriage which ends when the agreed time limit has expired, and without talaq. This is clearly contrary to the teachings of Islam.

Based on the description above, it is clear that contract marriage or mut'ah marriage is strictly prohibited and contrary to Islamic teachings. Marriage that does not meet the pillars and conditions in Islam is void or invalid. So the law is 'haram' or vanity, because it does not heed the goals and principles of a very sacred marriage, namely marriage for ever and not for a while.

The Law of Contract Marriages According To Indonesia Law

The practice of contract marriage when viewed from the Marriage Law is clearly very contrary to Article 2 which contains the legal requirements of a marriage:

1. Marriage is legal if it is carried out according to the laws of each religion and belief.
2. Each marriage is recorded according to the applicable laws and regulations.

If a marriage is based on an agreement regarding the period of the marriage or what is commonly referred to as a contract marriage, it is not legally permitted and indeed cannot be justified, because it is based on the fact that Indonesia is a state of law, so it must adhere to formalities. Therefore, as long as the contract marriage is not regulated by law, in this case the Marriage Law, Ministerial Regulation and other regulations, it can be said that there is no marriage.

According to several studies, contract marriage is considered a form of 'disguised prostitution' because the conditions and pillars of marriage are not fulfilled, both according to religious law and statutory regulations. The practice of contract marriage is basically not in line with the principles of marriage law in Indonesia. Contract marriage is a marriage practice that is contrary to the concept of marriage contained in Law Number 1 of 1974 concerning Marriage. For foreign nationals who want to marry Indonesian women, the authors suggest that they are legally married according to Indonesian law. Read our previous article titled: "How To Married Indonesian Women Legally?". And if you have any issue with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

_________________

Reference:

1. "Tinjauan Yuridis Kawin Kontrak Dan Akibat Hukumnya", www.pa-cianjur.go.id., Diakses pada tanggal 22 Desember 2021, https://www.pa-cianjur.go.id/artikel/882-tinjauan-yuridis-kawin-kontrak-dan-akibat-hukumnya.html

No Name and No Game Case: A Hilarious But True Court Cases You Won’t Believe

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Woman Seeks Divorce Because Husband Walks Around House In Underwear" read also "Legal Aspects of Technology Transfer in Indonesia" and on this occasion we will discuss about No Name and No Game Case: A Hilarious But True Court Cases You Won’t Believe. This article is entirely taken from: www.iveyengineering.com, entitled: '8 Hilarious But True Court Cases You Won’t Believe', link as reference below.

Some people go to great lengths to look like their favorite celebrity. However, Allen Heckard of Portland, Ore., had often been confused for Michael Jordan and did not enjoy it.  

He sued the NBA star along with the co-founder of Nike, Phil Knight, in 2006 for $832 million. 

Heckard’s looks were not far off from the basketball legend, and he even sported a similar earring. 

But he was eight years older and six inches shorter than Jordan. 

Heckard dropped this hilarious, but true court case when he realized he had no reasonable explanation for the $832 million he was suing for.

As unbelievable as these court case may seem, they are all real. Which one has you scratching your head?

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "8 Hilarious But True Court Cases You Won’t Believe", www.iveyengineering.com, Diakses pada tanggal 16 Desember 2021, https://www.iveyengineering.com/hilarious-true-court-cases-wont-believe/

Woman Seeks Divorce Because Husband Walks Around House In Underwear

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Legal Aspects of Technology Transfer in Indonesia" read also "How To Legally Adopt a Child in Indonesia?" and on this occasion we will discuss about Woman Seeks Divorce Because Husband Walks Around House In Underwear. This article is entirely taken from: malaysia.news.yahoo.com., entitled: 'Egyptian woman seeks divorce two months into marriage because husband walks around house in underwear', link as reference below.

An Egyptian woman is seeking divorce after two months of marriage because her husband has been walking around their home in his underwear.

Gulf News reported that the woman had asked her husband to understand her feelings and ‘uphold his dignity’ but he refused to listen.

“I kept asking him that I need more time to get used to him in his underwear and to overcome my shyness, but to no avail.”

Her husband, however, told her that since he is in his own home, he can be comfortable and that means wearing minimum clothes.

The couple then reached a compromise where the husband told the wife to head to her parents’ house for some time to rethink and decide their decisions.

“I went to my family’s house waiting for him to call or ask about me, but he never did".

“His carelessness about my feelings prompted me to file a divorce case with the family court,” she added.

The case is still under consideration by the court. And if you have any issue with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Egyptian woman seeks divorce two months into marriage because husband walks around house in underwear", malaysia.news.yahoo.com., Diakses pada tanggal 16 Desember 2021, https://malaysia.news.yahoo.com/egyptian-woman-seeks-divorce-two-042743671.html

Legal Aspects of Technology Transfer in Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Some Legal Aspects of Export-Import According to Indonesian Law" read also "How To Legally Adopt a Child in Indonesia?" and on this occasion we will discuss about Legal Aspects of Technology Transfer in Indonesia.

Understanding Technology

Technology comes from the word technologia (Greek) techno meaning 'skill' and logia meaning 'knowledge'. According to the Big Indonesian Dictionary (KBBI), the word technology means the scientific method to achieve practical goals, applied science or the entire means to provide goods needed for the survival and comfort of human life. While quoted from the Encyclopaedia Britannica (2015), technology is the application of scientific knowledge for practical purposes in human life or in changing and manipulating the human environment.[1]

Quoted from the book Waiting for the Prosperity of the Country: a collection of essays on the socio-economic development of Indonesia (2006) by Burhanuddin Abdullah, in addition, technology refers to tools and machines, the notion of technology also includes methods, processes, and ideas. Read also: Packaging of Fiber Craft Products Because in the 20th century, technology was broadly defined, namely ways or activities that allow humans to change and tamper with their environment (nature, humans, and all of their creations). With that definition, technology has included anything that humans can do to improve their lives.[2]

International Trade & Technology Transfer

The development of international trade and the free trade movement have resulted in more and more technology transfers being carried out between developed and emerging countries. Because technology transfer is closely related to intellectual property rights, especially those related to industry, then cross-country legal protection is needed.

According to M. Blakeney, the definition of technology transfer is the systematic transfer of knowledge for the processing of a product, the application of a process or the provision of technical assistance, but does not include solely the sale of goods. From this definition, the transfer of technology is only within the national scope, while from an international perspective, technology transfer occurs through transactions between the technology-owning country and the technology-receiving country. Technology transfer occurs through transactions between the country that owns the technology and the country that receives the technology.[3]

An example is the international cooperation between Indonesia and Germany, which consciously results in the transfer of technology. The cooperation in the field of science and technology that has been fostered by Germany and Indonesia is a long history in the course of history. This cooperation began when the German government established the Federal Ministry of Nuclear Affairs which later changed its name to the Federal Ministry of Education and Science. This collaboration was realized because of the well-established bilateral relationship between the two countries and the role played by B.J. Habibie, who at that time served as Minister of Research and Technology and Head of the Agency for the Assessment and Application of Technology. In addition, personally, Habibie also has a personal closeness with Germany because he studied at one of the universities in Germany.[4]

It was this cooperation in the nuclear field which later developed and became the basis for the birth of cooperation in the field of science and technology in which the scope covered in it became wider. Henceforth, nuclear development cooperation is included in the framework of cooperation in the field of science and technology. The cooperation agreement between Indonesia and Germany has been signed since March 20, 1979. This cooperation aims to conduct and develop research together.[5]

Legal Aspects of Technology Transfer in Indonesia

Agreements regarding technology transfer are basically a mere contractual relationship between the buyer and the seller. The agreement involves local parties as buyers and recipients of technology and expertise from foreign companies as sellers. In Indonesia, technology transfer agreements are subject to agreement law that generally applies, namely the Civil Code (BW), while the provisions regarding technology transfer can indirectly be found in scattered laws such as the trademark law, copyright law copyright and patent laws. And if you have any issue with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Pengertian dan Perkembangan Teknologi", Kompas.com., Penulis : Ari Welianto, Editor : Ari Welianto, Diakses pada tanggal 11 Desember 2021, https://www.kompas.com/skola/read/2021/01/08/120000169/pengertian-dan-perkembangan-teknologi.

2. Ibid. 

3. "Legal Aspects of the Transfer of Technology to Development Countries", M. Blakeney. 1989, London Oxford: ESCPublishing. Hlm.: 135.

4. "Kerja sama Bilateral Jerman dan Indonesia Bidang Sains dan Teknologi", reviewnesia.com, diakses pada tanggal 11 Desember 2021, https://reviewnesia.com/kerja-sama-jerman-indonesia-sains-teknologi/

5. Ibid.