Pre-nuptial Agreement Limits

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Various Legal Basis of Defamation According to Indonesia Law", "Contoh Perjanjian Nikah", "Lahirnya Perjanjian" you may read also "Ruang Lingkup Hukum Perjanjian" and on this occasion we will discuss about 'Pre-nuptial Agreement Limits'.

Like Famous Artist

These artists made unusual pre-nuptial agreements. Starting from J-Lo who discussed sex to Lesti Kejora regarding ATM PINs. J-Lo and Ben Affleck reportedly made a unique pre-nuptial agreement, J-Lo asked to get a lot of intimate time with Ben Affleck. In mutual agreement, J-Lo asked for sex four times a week with Ben Affleck. Another unique pre-nuptial agreement came from the couple Lesti Kejora and Rizky Billar, reportedly this couple made a pre-nuptial agreement that contained knowing each other's ATM PINs and social media account passwords.[1]

The behavior of famous artists just exists. Generally looks strange to the general public. Including in terms of marriage, in general, ordinary people do not enter into pre-nuptial agreements with their respective partners. It's different with the artist, besides getting married and making a pre-nuptial agreement, the clause also looks unusual. The question is: how are the limitation on pre-nuptial agreements according to Indonesian law?

Legal Term

In terms of marriage law, there are the terms Prenuptial Agreement, Separation of Assets Agreement and Marriage Agreement or in English it is called a "pre-nuptial agreement". What is the difference between the three? All three have the same meaning, namely an agreement made in a marriage bond (can be before or during marriage).[2]

What exactly does the Prenuptial Agreement legally mean? A "marriage agreement/pre-nuptial agreement" is a form of agreement made between one party and another before holding a marriage ceremony to ratify the two as husband and wife.[3] a pre-nuptial agreement is thus basically an agreement. Agreement in the context of marriage between husband and wife.

Pre-nuptial Agreement Limits

As mentioned above, pre-nuptial agreements generally regulate: Separation of Assets Agreement and Marriage Agreement. However, is it possible to arrange other things like the examples of the artists above, the main question then arises, what is the actual legal limit?

As befits an agreement, then the conditions for the validity of the agreement must be returned to Article 1320 of the Civil Code:[4]

1. Agree on those who bind themselves;
2. The ability to make an engagement;
3. A certain thing;
4. A lawful reason.

The first and second conditions are called subjective conditions, because they relate to the subjects who make the agreement. While the third and fourth conditions are called objective conditions because they relate to the object in the agreement.  The first condition "agrees those who bind themselves" means, the parties who make the agreement must agree or agree on the main things or material agreed upon, where the agreement must be reached without any coercion, fraud or oversight. For example, agreeing to buy and sell land, its price, method of payment, dispute resolution, etc. The second condition, "the ability to make an engagement" Article 1330 of the Civil Code already regulates which parties may or are deemed capable of entering into an agreement. The third condition "a certain thing" means that in making an agreement, what is agreed (the object of the engagement) must be clear. At least the type of goods must exist (see Article 1333 paragraph 1 of the Civil Code). The fourth condition "a lawful cause" means that you are not allowed to make a promise to something that is prohibited by law or that is contrary to the law, values ​​of decency or public order (Article 1337 of the Civil Code). For example, make a drug sale and purchase agreement, or a person/human sale and purchase agreement, etc. This kind of agreement is prohibited and invalid.[5]

Thus, if we link-in between the examples of pre-nuptial agreements above with the provisions of Article 1320 of the Civil Code, then no provisions are violated, especially in the 3rd and 4th elements of Article 1320 of the Civil Code. So the answer to the question: what is the actual legal limit of pre-nuptial agreement according to Indonesian law is a condition for the validity of the agreement as regulated in Article 1320 of the Civil Code. Because it does not exceed the limits of the legal terms of the agreement, then the pre-nuptial agreement as the artists above is legal, it's okay. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "8 Artis dengan Perjanjian Pranikah Aneh, JLo Minta Bercinta 4 Kali Seminggu", wolipop.detik.com., Diakses pada tanggal 17 Juni 2022, https://wolipop.detik.com/foto-wedding/d-6054533/8-artis-dengan-perjanjian-pranikah-aneh-jlo-minta-bercinta-4-kali-seminggu

2. "Semua Tentang Perjanjian Pra Nikah Dan Perjanjian Pisah Harta", legalitas.org., diakses pada tanggal 17 Juni 2022, https://legalitas.org/tulisan/semua-tentang-perjanjian-pra-nikah-dan-perjanjian-pisah-harta

3. Ibid.

4. "Memahami Perbedaan Nota Kesepahaman (M.o.U) Dengan Perjanjian", www.hukumindo.com., Diakses pada tanggal 17 Juni 2022, https://www.hukumindo.com/2019/09/memahami-perbedaan-nota-kesepahaman-mou.html

5. Ibid.

Various Legal Basis of Defamation According to Indonesia Law

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Recognizing Deportation Under Indonesian Law", "How to Obtain Indonesian Citizenship?", you may read also "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about 'Various Legal Basis of Defamation According to Indonesia Law'.

The long trial between Johnny Depp and Amber Heard has finally ended. The jury decided victory over the movie star Pirates of the Caribbean is in the case of defamation. Amber Heard proved to have damaged the reputation of Johnny Depp through his writing entitled 'a public figure who represents domestic violence'. This verdict was read out at the Fairfax Courthouse, Virginia, United States on Wednesday (1/6/2022) local time.[1] Yes, this is the right background, recently this case was spread to foreign countries up to Indonesia.

Legal regulations related to defamation are scattered in several laws in Indonesia, such as in the Criminal Code, the Civil Code and more recently the Electronic Information and Transaction Law. In general, the Criminal Code views defamation as a crime. Meanwhile, according to the Civil Code, defamation is considered an act that is against the law and causes harm to others. In the context of the Electronic Information and Transaction Law, defamation is assumed to be a legal category that arises due to the existence of electronic information media.

Criminal Code

The Criminal Code regulates several articles related to defamation, including:[2]

1. Article 310 paragraph 1 concerning oral defamation, 
2. Article 310 paragraph 2 concerning written defamation, 
3. Article 311 concerning slander, 
4. Article 315 concerning minor insults, 
5. Article 317 concerning false/slanderous complaints, 
6. Article 318 concerning false suspicions, 
7. Article 320 concerning defamation of persons who is dead, 
8. Article 321 concerning humiliation or defamation of a dead person in public.

Civil Code

The Civil Code regulates several articles related to defamation, including:[2]

1. Article 1372 Civil Code, reads as follows: "Civil claims regarding insult are aimed at getting compensation and restoring honor and good name.". 
2. Article 1373 Civil Code
3. Article 1374 Civil Code
4. Article 1375 Civil Code
5. Article 1376 Civil Code
6. Article 1377 Civil Code
7. Article 1378 Civil Code
8. Article 1379 Civil Code
9. Article 1380 Civil Code, regarding the period of filing a claim for compensation due to defamation.

Law of Information and Electronic Transaction

A newer law relating to defamation is the Electronic Information and Transactions Act. The law regarding defamation here is often considered a plastic article until then the government and the House of Representative revised it.

Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) has been amended by Law Number 19 of 2016. Article 27 paragraph 3 of the ITE Law reads: "Everyone intentionally and without rights distributes and/or transmits and/or makes electronic information and/or electronic documents accessible with insults and/or defamation content."[3] Just to note, the punishment threat is higher than that stipulated in the Criminal Code. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Johnny Depp Menang Lawan Amber Heard di Kasus Pencemaran Nama Baik", www.suara.com., Diakses pada tanggal 11 Juni 2022, https://www.suara.com/entertainment/2022/06/02/080651/johnny-depp-menang-lawan-amber-heard-di-kasus-pencemaran-nama-baik

2. Kitab Undang-undang Hukum Pidana (Criminal Code);

3. Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) Jo. Law Number 19 of 2016

Recognizing Deportation Under Indonesian Law

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Loss of Citizenship According to Indonesian Law", "How to Obtain Indonesian Citizenship?", you may read also "Does Indonesia Implementing Citizenship By Investment?" and on this occasion we will discuss about 'Recognizing Deportation Under Indonesian Law'.

Term and Governing Law

According to the Big Indonesian Dictionary (KBBI), deportation means the exile or expulsion of someone out of a country as punishment, or because someone has no right to live there. What does deportation mean? That is, a person is returned to his country of origin.[1] Based on Law Number 6 of 2011 concerning Immigration, Article 1 Paragraph 36, deportation is an act of forcibly removing foreigners from the territory of Indonesia.[2] 

As an addition, then what is meant by the term 'not to land' which was pinned to Ustadz Abdul Somad when he wanted to visit Singapore? What is meant by 'not to land' is a policy determined by a number of countries to refuse foreign tourists.[3] Thus, there is a different meaning between 'deportation' and 'not to land'. For the 'deportation' of foreign nationals, they have entered the territory of the country that carried out the deportation, while 'not to land' has not.

Basically, deportation is an act of expulsion by an authorized official in Indonesia, in this case an Immigration official. The legal basis is Law Number 6 of 2011 concerning Immigration.

Causes of Deportation According to Indonesian Law

In Indonesia, 'Article 13' of Law Number 6 of 2011 concerning Immigration describes the reasons that can lead to deportation of a foreign citizen, including:[4]

1. His/her name is on the deterrence list;
2. Do not have a legally-valid travel document;
3. Have fake Immigration documents;
4. Do not have a visa, except for those who are exempt from the obligation to have a visa;
5. Has given incorrect information in obtaining a visa;
6. Suffering from an infectious disease that endangers public health;
7. Engage in international crimes and organized transnational crimes;
8. Included in the list of people looking for arrest from a foreign country;
9. Engage in treason activities against the Government of the Republic of Indonesia;
10. Included in the network of practices or activities of prostitution, trafficking in persons, and people smuggling.

In general, a sovereign state according to international law has the right to receive and expel foreigners from its territory, if it turns out that foreigners who are in its territory perform actions that can harm the country. Therefore, a foreign citizen has informal obligations, including:[5]

1. Must adapt to the surrounding community in which they live;
2. They must maintain order and decency in accordance with the prevailing customs in the environment where they see/live while in Indonesia.

Thus, actually when a foreign citizen is in Indonesia, whether it is for a trip or for other purposes such as business, apart from having to comply with the applicable written laws, he/she must also adapt to the surrounding culture and obey the order and decency of the local community. This mean, maintaining order and decency in the local community is no less important. When you violate it, one of the consequences is that you will be deported.

Case Example of Deportation

 

Consider the following example, Pura is a sacred place of worship in Bali, the following actions are legally and decency wrong, also violate order. Bali Immigration deported Russian citizen Alina Fazleeva (28) as the aftermath of a nude photo case in a sacred tree in the sacred area of ​​Babakan Temple, Tua Village, Marga District, Tabanan Regency. Alina was deported along with her husband, Amdrei Fazleev (36). "The deportation was carried out by the Immigration Office Class I TPI Denpasar against two foreign nationals from Russia who took naked photos at the eucalyptus tourism object Banjar Dinas Bayan, Tua Village, Tabanan and went viral on social media," said Head of the Ministry of Law and Human Rights Bali, Jamaruli Manihuruk in a statement. he wrote, Sunday (8/5). They departed on Friday (6/5) at 20.05 WITA via I Gusti Ngurah Rai International Airport, with flight EK339-EK133 to Bali-Dubai-Moscow. Bali's Ministry of Law and Human Rights will take firm action against foreigners who do not respect the applicable regulations, and appeal to foreigners who will travel to Indonesia, especially to Bali, to always behave in an orderly manner by respecting the laws and cultural values ​​of the Balinese people.[6] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Deportasi Artinya Apa? Ini Penjelasan Lengkap dan Penyebab Seseorang Dideportasi", www.suara.com., diakses pada tanggal 11 Juni 2022, https://www.suara.com/news/2022/05/18/122919/deportasi-artinya-apa-ini-penjelasan-lengkap-dan-penyebab-seseorang-dideportasi

2. Law Number 6 of 2011 concerning Immigration.

3. "Apa Itu Deportasi, Bedakah dengan Not to Land?", www.detik.com, Diakses pada tanggal 11 Juni 2022, https://www.detik.com/edu/detikpedia/d-6082671/apa-itu-deportasi-bedakah-dengan-not-to-land.

4. Op. Cit., Law Number 6 of 2011 concerning Immigration.

5.  "Mengenal Istilah Deportasi", indonesiare.co.id., Diakses pada tanggal 11 Juni 2022, https://indonesiare.co.id/id/article/mengenal-istilah-deportasi

6. "Foto Telanjang, Dua Bule Rusia Dideportasi dari Bali", www.merdeka.com., Diakses pada tanggal 11 Juni 2022, https://www.merdeka.com/peristiwa/buntut-foto-telanjang-dua-bule-rusia-dideportasi-dari-bali.html

Loss of Citizenship According to Indonesian Law

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Knowing Special Naturalization According to Indonesian Law", "Does Indonesia Implementing Citizenship By Investment?", "Stages of Obtaining Indonesian Citizenship" you may read also "How to Obtain Indonesian Citizenship?" and on this occasion we will discuss about 'Loss of Citizenship According to Indonesian Law'.

Legal Term and Governing Law

According to one legal expert, a citizen is a person who is legally part of a member of a country.[1] According to Article 26 of the 1945 Constitution, Paragraph 1 also states the same thing, that: "Citizens are native Indonesians and people of other nations who are legalized by law as citizens".[2] Article 1 point 1 of Law Number: 12 of 2006 concerning Citizenship stipulates that what is meant by a citizen is a citizen of a country determined based on statutory regulations.[3] 

As we read above, indirectly we can know that governing law concerning Citizenship of Republic of Indonesia is Law Number: 12 of 2006 concerning Citizenship.

Reasons for Losing Indonesian Citizenship

Article 23 of Law Number: 12 of 2006 concerning Citizenship regulates what causes a person to lose Indonesian citizenship, namely:[4]

1. Obtaining another citizenship by his own free will;
2. Not rejecting or not giving up another citizenship, while the person concerned has the opportunity to do so;
3. The President declares that he has lost his citizenship at his own request, the person concerned is 18 (eighteen) years old or married, resides abroad, and by being declared lost his citizenship of the Republic of Indonesia does not become stateless;
4. Entry into foreign military service without prior permission from the President;
5. Voluntary entry into the service of a foreign country, whose positions in such services in Indonesia in accordance with the provisions of laws and regulations can only be held by Indonesian citizens;
6. Voluntarily take an oath or pledge allegiance to a foreign country or part of that foreign country;
7. Not required but participating in the election of something of a constitutional nature for a foreign country;
8. Have a passport or a letter that is a passport from a foreign country or a letter that can be interpreted as a valid citizenship sign from another country on his behalf; or
9. Domiciled outside the territory of the Republic of Indonesia for 5 (five) continuous years not in the context of state service, without valid reasons and intentionally not expressing his desire to remain an Indonesian citizen before the end of the 5 (five) year period, and every 5 (five) years the person concerned does not submit a statement that he wants to remain an Indonesian citizen to the Representative of the Republic of Indonesia whose working area includes the residence in question, even though the Representative of the Republic of Indonesia has notified the person concerned in writing, as long as the person concerned does not become without citizenship.

Consequences of Losing Citizenship

In general, the result of losing citizenship is not getting protection from the state. And they are not entitled to the facilities provided by the state, such as proper education. And if you have any legal issue with your Indonesian citizenship matter, contact us then, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Ketahui, 9 Penyebab Hilangnya Kewarganegaraan Indonesia", kumparan.com., Diakses pada tanggal 9 Juni 2022, https://kumparan.com/kabar-harian/ketahui-9-penyebab-hilangnya-kewarganegaraan-indonesia-1wk9V8vpWLz/full

2. 1945 Constitution of the Republic of Indonesia

3. Law Number: 12 of 2006 concerning Citizenship

4. Ibid.

Knowing Special Naturalization According to Indonesian Law

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Does Indonesia Implementing Citizenship By Investment?", "Stages of Obtaining Indonesian Citizenship", you may read also "How to Obtain Indonesian Citizenship?" and on this occasion we will discuss about 'Knowing Special Naturalization According to Indonesian Law'.

Term of Special Naturalization

Before we know the term of special naturalization, it's good to know first what is meant by (ordinary) naturalization. In Indonesia, naturalization is usually explained as a person's submission (foreign citizen) to become an Indonesian citizen. In contrast to ordinary naturalization which prioritizes personal decisions, special naturalization is a gift from the Republic of Indonesia to citizens of other countries.[1] The granting of this citizen is generally due to the reason that someone has been deemed to have contributed to the Indonesian state.

The similarity between the two is related to the acquisition of citizenship. The basic difference between the two is related to the acquisition of citizenship, the former is through individual applications, while the latter is a gift from the state to individuals. The topic of how to obtain Indonesian citizenship through (ordinary) naturalization has been discussed in our article entitled: "How to Obtain Indonesian Citizenship?". On this occasion we will discuss about special naturalization.

Procedure to Obtain Special Naturalization

As explained earlier, special naturalization is not obtained through individual requests, but through grants from the state. Special naturalization is regulated in Article 20 Law Number 12 of 2006. This means that the state has an active role. The state feels the need to act to give an award in the form of citizenship to someone because it is considered that someone has done something remarkable. Generally given to athletes, more specifically soccer athletes.

How is the procedure? Before officially obtaining Indonesian citizenship, the person will be considered first by the House of Representatives of the Republic of Indonesia (DPR RI).[2] This means that the state, in this case the executive, must first submit a letter to the House of Representatives asking for consideration in granting special naturalization to someone. In the case causing of dual citizenship, naturalization will not be granted.

Case Example

One such case is the Soccer player Kim Jeffry Kurniawan. Kim Jeffry Kurniawan is a mulatto child of Indonesian and German parents. When he was 18 years old, he did not choose to become an Indonesian citizen. Therefore, he automatically became a German citizen because he had lived in Germany since childhood. Then, the All-Indonesian Football Association (PSSI) offered him to become an Indonesian citizen. So Kim Jeffry Kurniawan officially became PSSI's first naturalized player.[3] And if you have any legal issue with your legal effort to obtain Indonesian Citizenship, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Apa Perbedaan Naturalisasi Kewarganegaraan Biasa Dan Istimewa", tirto.id., Diakses pada tanggal 08 Juni 2022, https://tirto.id/apa-perbedaan-naturalisasi-kewarganegaraan-biasa-dan-istimewa-glzq

2. Ibid.

3. "Pengertian Naturalisasi Istimewa dan Contoh Kasusnya", kumparan.com., Diakses pada tanggal 08 Juni 2022, https://kumparan.com/kabar-harian/pengertian-naturalisasi-istimewa-dan-contoh-kasusnya-1wkDP4Eykgk/full