Sperm Theft Case

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Selling Corn Seeds, Even Imprisoned" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Sperm Theft Case'.

In 1998, a man named Peter Wallis from Albuquerque filed a lawsuit against his ex-girlfriend, Kellie Smith, who became pregnant without an agreement and thus violated the contract because of "deliberately obtaining and abusing the man's sperm." According to Wallis, Smith had been warned to use birth control pills. However, the woman then deliberately stopped using the pill to get pregnant from her lover.[1]

As a result, Wallis didn't even know he was going to be a father. The demand for money refers to the reason that he has to pay for the care of a child he does not want. According to the defendants, Smith could not have "stealed" the sperm because it was transferred during a mutually agreed act so that it was legally considered a gift and Wallis no longer had any ownership rights to it.[2]

When he heard about the pregnancy, Wallis proposed to Smith and asked the woman to have an abortion. But Smith refused both things and moved to live with his parents. Contrary to Wallis's argument that women have a choice and it is unfair to him to be asked to pay, Smith has the right to refuse both requests and so he wins the case.[3] And if you have difficulties 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. "Tak Masuk Akal, Ini 5 Tuntutan Hukum Paling Konyol di Dunia?", www.liputan6.com., Diakses pada tanggal 8 Maret 2022, https://www.liputan6.com/global/read/3176767/tak-masuk-akal-ini-5-tuntutan-hukum-paling-konyol-di-dunia

2. Ibid.

3. Ibid.

Selling Corn Seeds, Even Imprisoned

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Selling Corn Seeds, Even Imprisoned'.

Tukirin and Kuncoro are two simple men who are trying their luck as sellers of hybrid corn seeds in Kediri, East Java. But they don't know, just because the seeds they sell don't go through laboratory tests and are considered to be 'pirating' a well-known brand, they get a prison sentence.[1]

In fact, these two people are farmers without any bad intentions. Unfortunately, according to Law No. 12/1992 on the Crop Cultivation System (UUSBT) they were guilty and deemed not to have a license to sell hybrid corn seeds such as the BISI brand. Sad isn't it? Kuncoro was imprisoned in 2010 while Tukirin is on probation.[2] And if you have difficulties 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. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html

2. Ibid.

Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Preparation Before Opening a Police Report In Indonesia" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail'. This article quoted entirely from website: www.kai.or.id, titled "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia".

Life is hard, it is the strong and the intelligent who survive. Even though he only graduated from elementary school, the 41-year-old MK (initials) didn't want to just give up. Relying on his creativity and also his ability in electronics, he made a new television from used equipment such as used tubes and screens.[1]

Instead of getting an appreciation, the Court was even imprisoned for being accused of selling non-standard and potentially dangerous electronic goods. It's true, all electronic devices should pass a quality test, but does the government care and make it easy for this? In fact not. Now MK is in prison just because he recycles used goods to make them fit again.[2] And if you have difficulties 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. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html

2. Ibid.

Preparation Before Opening a Police Report In Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Pants Lawsuit", "What's The Difference Between Police Report and Public Complaint?" read also "How to Open a Police Report in Indonesia?", "The Example of Official Police Report Receipt in Indonesia" and on this occasion we will discuss about 'Preparation Before Opening a Police Report In Indonesia'. By reading this article to the end, the author hopes that the reader is well prepared before opening a Police Report.

Opening a Police Report to the relevant police station is certainly not an easy thing for everyone. However, for legal professionals such as advocates, it is certainly not a new thing. What difficult is to share information that is part of the daily life of a legal professional to the majority of people who do not understand the law. This is the challenge of this article, explaining the technicalities to the general public.

Let's leave aside for a moment the positive rules of rigid legal norms of Criminal Procedure Code (KUHAP), this article will guide readers on practical things that must be prepared before opening a Police Report. Be ready audience.

Legal Incident

Let's say you are on vacation in Bali and have an unpleasant legal incident due to 'pickpocketing'. Or let's say you are in Jakarta for a certain business and you are having a bad day because the inn/hotel where you are staying has been burglarized. Of course there are many other examples that are not pleasant to tell here, but what is certain is that you have to deal with the law and go to the Police Station to open a report. 

First lesson: this is the first lesson, you must know the location where the legal incident that you experienced occurred. By knowing the location where you experienced the legal incident as referred, then you will know which Police Station you must report to. If you are pickpocketed on Kuta beach, then you may open a Police Report at the Badung Police Station.

Second lesson: this is the second lesson, it's about the category of crime you have experienced. You don't need to know that pickpocketing is regulated in what article of the Criminal Code. You also don't need to know what article theft is included in the Criminal Code. Just saying that you have been pickpocketed or have stolen to the Police Officer is enough, it is assumed that the Police Officer who is on duty at the Integrated Police Service Center (SPKT) already knows what article is regulated in the Criminal Code.

ID Card

Bring your ID card, this is to show that you are a legal subject. During the reporting process later at the Police Station, your identity will be asked and furthermore will be included in the proof of report.

Sir, I am a foreign citizen, is my national ID card valid? If you are a foreign citizen, then the identity you should show is your Passport. Sir, how do I show my passport, it has been stolen? Technically, you have to show your identity, so try to have a copy or back-up of your ID card. 

Third lesson: this is the third lesson, you must show your ID card or passport to the Police officer.

Event Description

The chronology of events is related to the description of the legal incident that you experience. This includes the date of the incident, the time of the incident, the place of the incident (for example at a hotel or beach or other place).

Then describe a brief chronology of events, for example:

"On the afternoon of December 20, 2021 I went to Kuta Beach with my girlfriend, then we swam and put our wallets in the bags we carried. We put the bag in a place not too far from where we were swimming and occasionally we still watched it from a distance. After swimming, we rinsed and cleaned ourselves, and I only realized when I was about to take the towel in the bag that my wallet had disappeared. ATM card, Credit card, hotel electronic key, shopping card and cash money amount of Rp. 1.000.000, - also disappeared inside the the wallet. The losses suffered were a number of ... Rupiah." 

Fourth lesson: this is the fourth lesson, you must describe the legal incident. This, as far as the author knows, is not difficult. Later the Police Officer will guide you to translate it into a sentence. 

In addition, you will also be asked, do you know who is the perpetrator of the crime? Just answer honestly if you don't know. You will also be asked who were the witnesses who saw it at that time? If there was anyone, then mention at least two person. 

Sign The Report

Finally, you must sign the criminal report as mentioned above. This indicates that the report you have given to the Police Officer is correct. According to the facts that you experienced and you have told it as should be. Keep in mind that making a false or incorrect Police Report can be criminalized, the author strongly discourages this.

Fifth lesson: this is the fifth lesson, you must sign the report as a part of formal legal act. 

Other things that might be on the minds of all readers are: when should I report to the Police? the answer is anytime, the Police Integrated Service Center (SPKT) is open in 24 hours. Or some readers may ask: are there any official fees to be paid to Police officers when we open a Police Report? The answer is there are no fees levied by the Police officers.

Dear readers, as the epilogue part of this article, please note that this article can guide you in opening a Police Report at your local Police Station. It's just that this article is intended for criminal acts that are classified as vague or simple, such as pickpocketing or theft. Also be remember that there is a disclaimer on this site. For more complex and difficult criminal acts such as fraud or embezzlement, the author suggests that all readers should hire an advocate. And if you have difficulties to open a Police Report in Indonesia, contact us, feel free in 24 hours, we will be glad to assist you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. KUHAP or Law Number: 8 of 1981 concerning Criminal Procedure Code.

The Pants Lawsuit

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Case of: Is The Tomato a Fruit Or Vegetable?", "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'The Pants Lawsuit'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

In 2005, Roy Pearson, a former D.C administrative judge, filed a civil case against his dry cleaning company over a lost pair of trousers. Pearson allegedly left a pair of grey trousers, distinguishable by a unique trio of belt loops, at Custom Cleaners. After a delay due to the trousers accidentally being sent to another dry cleaners, the trousers were returned a few days later. But Pearson refused to accept the trousers, claiming they were not his, despite confirmation from the dry cleaners’ records, tags and Pearson’s receipt.[1]

Pearson demanded $1,000 to cover the cost of the “lost” trousers, but the Chungs, the owners of the dry cleaners, refused.  As a result, he filed a lawsuit based on the issue of ownership of the presented pair of trousers and that the company’s signs “Same Day Service” and “Satisfaction Guaranteed” were misleading. The Chungs offered settlements three times in the sums of $3,000, $4,600 and $12,000, all of which Pearson rejected. Pearson demanded $54 million in damages for inconvenience, mental anguish and fees for representing himself. He lost after four years of trying every legal avenue to win.[2]

An article by The Washington Post in 2016 revealed Roy Pearson may face sanctions: “On June 3, a three-person hearing committee for the D.C Board on Professional Responsibility found Pearson committed two ethics violations of interfering with the administration of justice and presenting arguments not supported by facts or law.”[3] And if you have any legal issue related with this topic, contact us, feel free in 24 hour, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history

2. Ibid.

3. Ibid.

The Case of: Is The Tomato a Fruit Or Vegetable?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Hot Coffee Spill Lawsuit", "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'The Case of: Is The Tomato a Fruit Or Vegetable?'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

In 1893, the Supreme Court ruled that the tomato is a vegetable. The whole situation came about during a case between the Nix family, one of the largest sellers of produce in New York City, and Edward Hedden, a collector at the Port of New York.[1]

The Nix family sued Hedden to recover fees they had spent on transporting the tomatoes, because legislation at the time stated tax must be paid on imported vegetables, but not fruit.[2]

Allegedly during the trial, both sides put forward definitions of fruit and vegetables to argue their cases. Botanically, any seed-bearing structure formed from a flowering plant, is a fruit.[3]

The court unanimously decided that the scientific classification doesn’t change common language, and that a tomato is a vegetable because the public generally think of it as one.[4] And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history

2. Ibid.

3. Ibid.

4. Ibid.

The Hot Coffee Spill Lawsuit

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "How To Obtain Certificate of No Impediment (CNI) in Indonesia", "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'The Hot Coffee Spill Lawsuit'. This article is taken entirely from the site "Lawabsolute.com" entitled: "Most bizarre legal cases throughout history" as quoted in reference.

On February 27, 1992, Stella Liebeck ordered a 49-cent cup of coffee from a McDonald’s drive-through. She was in the passenger’s seat of her grandson’s car, which did not have cup holders.[1]

In the process of trying to add cream and sugar, Liebeck put the coffee between her knees and pulled the far side of the lid to remove it but accidentally spilled the entire cup. As she was wearing cotton trousers, they absorbed the coffee and fused to her skin, causing third-degree burns.[2]

After eight days in hospital and undergoing skin grafting, Liebeck lost 20 pounds and needed extra care for three weeks. She was left partially disabled for the next two years. Liebeck sought to receive $20,000 from McDonald’s to cover her medical expenses, but they only offered $800. She then filed a lawsuit against the chain, accusing them of gross negligence for selling coffee that was “defectively manufactured” and “unreasonably dangerous”.[3] 

After two more attempts to settle, and McDonald’s refusing twice, the case went to trial. During the hearings, it was revealed that the chain had received more than 700 reports of people being burned by their coffee. The jury found McDonald’s was 80% responsible for the incident and awarded Liebeck $200,000 in compensatory damages. She also received $2.7 million in punitive damages, calculated by the jurors as two days’ worth of coffee sales for McDonald’s.[4] And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Most bizarre legal cases throughout history", www.lawabsolute.com., Diakses pada tanggal 2 Maret 2022, https://www.lawabsolute.com/recruitment-news/article/most-bizarre-legal-cases-throughout-history

2. Ibid.

3. Ibid.

4. Ibid.

How To Obtain Certificate of No Impediment (CNI) in Indonesia

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia", "Strategies for Filing a Divorce Lawsuits for Foreigners And Migrant Workers" read also "How To Married Indonesian Women Legally?", and on this occasion we will discuss about 'How To Obtain Certificate of No Impediment (CNI) in Indonesia?'

Term & Legal Basis

In general, Certificate of No Impediment acronym to CNI is a letter that explains that there is no obstacle for a person to get married. This letter is one of the requirements for marriage for foreign citizens in Indonesia.

In Indonesia, based on Article 57 of Law No. 1 of 1974 concerning Marriage, what is meant by mixed marriage is marriage between two people in Indonesia subject to different laws due to differences in citizenship and one of the parties is an Indonesian citizen. In other words, what is meant by mixed marriage according to Indonesian law (Law No. 1 of 1974 concerning Marriage) is a marriage between a citizen and a foreign citizen.[1]

Requirement

The application to obtain a Certificate of No Impediment (CNI) is submitted to the Embassy of the foreigner concerned. Several requirement in common are:

1. Birth certificate;
2. ID Card;
3. Passport;
4. Certificate of dissolution of marriage, if the foreigner has been married and divorced. Death Certificate for the bride and groom who are widows/widowers;
5. Proof of residence or domicile letter;
6. Ect.

With the issuance of the Certificate of No Impediment (CNI) from the related embassy, the marriages between Indonesian citizens and foreigners carried out according to Indonesian law will be considered valid and legally recognized by both law the foreigner law and Indonesian law.

Procedure

In this article, an example will be given of the procedure for obtaining a Certificate of No Impediment (CNI) at the 'A' Embassy in Jakarta - Indonesia:[2]

• Make an appointment by phone with the consular department at least 1 day prior;
• Then come to the Consular Section of the relevant Embassy according to the schedule given;
• The foreign prospective bride then fills out the application form and signs the Certificate of No Impediment (CNI) form in front of the consular officer;
• The foreign prospective bride then submit supporting data as required.

And if you have difficulty to obtain Certificate of No Impediment (CNI) for getting married in Indonesia, contact us, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia", www.hukumindo.com., Diakses pada tanggal 24 Februari 2022, https://www.hukumindo.com/2022/02/various-documents-needed-for-mixed.html

2. "Certificate of No Impediment", www.ilalanggrass.com., Diakses pada tanggal 24 Februari 2022, https://www.ilalanggrass.com/2012/04/certificate-of-no-impediment-to.html

Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Procedure in Obtaining Police Clearance Certificate (SKCK) in Indonesia", "Strategies for Filing a Divorce Lawsuits for Foreigners And Migrant Workers" read also "How To Married Indonesian Women Legally?", and on this occasion we will discuss about 'Various Documents Needed For Prospective Mixed Marriage Couples To Get Married In Indonesia.'

For couples who are getting married, various preparations related to the wedding will certainly take up a lot of their time. There are many things that must be prepared from the start, including the fulfillment of various mandatory requirements to carry out the marriage itself.[1]

For those who are married to Indonesian citizens (WNI) this may be done in a fairly short time, considering the various requirements requested will also not be too complicated. However, for couples who marry from different countries (WNI and WNA), a number of requirements will be a little more complicated and will take a long time to prepare, considering that various documents from both countries will be required for this.[2]

Marriage between Indonesian citizens and foreigners will require a number of processes that are quite long, because the processing of various marriage documents will be carried out in the two countries of the spouses concerned. Things like this certainly deserve special attention, before finally choosing the time and also various other preparations related to the wedding later.[3]

Legal Basis

Marriage of different nationalities is no longer a foreign thing that occurs in the midst of the times. This is also influenced by the development of communication technology which no longer makes distance and time differences an obstacle. The mobilization of humans themselves as social beings contributes to the number of marriages of different nationalities becoming increasingly common. Seeing that marriage no longer considers differences in citizenship, there are several regulations that must be followed and documents that must be fulfilled so that an Indonesian citizen (WNI) can register his marriage with a foreign citizen (WNA) in the territory of the Republic of Indonesia.[4]

In Indonesia, based on Article 57 of Law No. 1 of 1974 concerning Marriage, what is meant by mixed marriage is marriage between two people in Indonesia subject to different laws due to differences in citizenship and one of the parties is an Indonesian citizen.[5] In other words, what is meant by mixed marriage according to Indonesian law (Law No. 1 of 1974 concerning Marriage) is a marriage between a citizen and a foreign citizen.

Various Documents Needed for Prospective Mixed Marriage Couples In Indonesia

There are so many documents that you have to prepare. Some have existed and remain part of the terms. Several documents must be obtained from the relevant government agencies. Some other documents require treatment such as legalization.

Documents for Indonesian Citizens[5]

1. RT/RW cover letter stating that there are no obstacles to getting married;
2. Forms N1, N2, and N4 obtained from Kelurahan (Village) and Kecamatan (Sub District);
3. Special N3 form for married couples at Kantor Urusan Agama or Religious Affairs Office (signed by both prospective spouses);
4. Photocopy of ID card;
5. Photocopy of Birth Certificate;
6. Data on the parents of the prospective bride and groom for Indonesian citizens;
7. Photocopy of Family Card (KK);
8. Parents' Marriage Book (if the prospective Indonesian citizen is the first child);
9. Data of two witnesses to the marriage along with a photocopy of their ID card;
10. 2×3 (4 sheets) and 4×6 (4 sheets) photographs;
11. The latest proof of PBB (Earth Building Tax) Payment, if required.
12. In addition, several documents are required for spouses of Indonesian citizens as a condition for their spouses who are foreign citizens.

Documents for Foreign Nationals[6]

1. Certificate of No Impediment (CNI), which is a certificate stating that you can marry and will marry an Indonesian citizen, this letter is issued by the competent authority in the country, such as the Embassy;
2. Photocopy of identity card from country of origin;
3. Copy of Passport;
4. Photocopy of birth certificate;
5. Certificate of not being married;
6. Divorce certificate if you have been married;
7. Spouse's death certificate (if the previous spouse has died);
8. Current domicile certificate;
9. 2x3 (4 sheets) and 4×6 (4 sheets) photographs;
10. Marriage form from the relevant Embassy.

Just a note, people usually need spend of time to collect documents from their foreign spouse. This is because the documents must be processed between two countries, which of course takes energy and time. Do not let the documents you need are incomplete but you have already determined the date of the wedding reception, or you have already spread the wedding invitations, some even already ordered catering and bridal makeup. This is fatal, you will be in trouble if this happens. And if you have difficulty for getting married in Indonesia, contact us, we will be glad to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Ini Dia Syarat Mengurus Pernikahan WNI dan WNA", www.cermati.com., Diakses pada tanggal 23 Februari 2022, https://www.cermati.com/artikel/ini-dia-syarat-mengurus-pernikahan-wni-dan-wna

2. Ibid.

3. Ibid.

4. "Dokumen Wajib Untuk Menikah dengan WNA di Indonesia", bahasan.id., Diakses pada tanggal 23 Februari 2022, https://bahasan.id/dokumen-wajib-untuk-menikah-dengan-wna-di-indonesia/

5. Ibid.

6. Ibid.