Thursday, December 13, 2012

Role of Attorney in Civil and Criminal Litigation

Role of Attorney in Civil and Criminal Litigation. According to Article 1 of Law No. 1. 16 Year 2004 on the Indonesian Attorney General ("Attorney Act"), the prosecutor is a functional official authorized by law to act as prosecutor and implementing court decisions that have permanent legal force as well as authorized by law. Duties and powers of criminal prosecution in the fields referred to in Article 30 paragraph (1) of Law Attorney, among others: 
a. prosecution;
b. carry out the determination of the judge and court decisions that have permanent legal force;
c. supervise the enforcement of criminal probation, the criminal verdict supervision, and conditional decisions off;
d. to investigate certain offenses under the law;
e. complete a particular case file and therefore can perform additional checks before transferred to the court that the implementation is coordinated with investigators.
Thus, the duties and authority of the prosecutor is a prosecutor and executor (executor) court decisions that have permanent legal force in the criminal case. For civil cases, executing court decisions that have permanent legal force bailiffs and clerks is chaired by the chief justice (see Article 54 paragraph [2] Law no. 48 of 2009 on Judicial Power).

Then, what is the authority of the prosecutor in the civil field? The relationship is a relationship between the civil society members are usually based on the agreement. Prosecutors can play a role in a civil case if the State or government is a party and the prosecutor is empowered to represent. It is based on the provisions of Article 30 paragraph (2) of the Prosecutor, which reads:
"In the field of civil and administrative, with a special power of attorney to act both in and out of court for and on behalf of the state or government." Thus, the prosecutor's role is different in the realm of criminal and civil laws. In a criminal case, the prosecutor acts as prosecutor and implementing court decisions that have powered fixed. While in civil cases, the prosecutor acts as the power of the State or the government inside and outside the court on civil matters.
Legal basis:1. Law No. 16 Year 2004 on the Indonesian Attorney
2. Law No. 48 Year 2009 on Judicial Power

Monday, August 13, 2012

Witness and Victims Protection

In Indonesia the protection of witnesses and victims is set in the legislation of the republic of Indonesia No.13 of 2006 on the Protection of witnesses and victims. Institutions that are authorized witness and victim protection institutions are abbreviated with the Agency. Form of protection that can be given Witness and Victims Protection Agency ("Agency") to the witnesses and victims of crime, according to the provisions of Article 5, Article 6, Section 7, Article 9 and Article 10 of Law No. 13 Year 2006 on Witnesses and Victims Protection ("Law 13/2006").

Under the provisions of Article 1 paragraph 3 of Law 13/2006, the Agency is the agency tasked and authorized to provide protection and rights of others to witness and / or victims.

The forms of protection afforded to witnesses and victims Agency can be categorized as follows:

1. Physical and psychological protection: Security and escort, placement in a safe house, get a new identity, and providing medical assistance without a present direct testimony in court, psycho-social rehabilitation assistance.

2. Protection of the law: the penalty relief, and witnesses and victims and the complainant can not be prosecuted by law (Article 10 of Law 13/2006).

3. Fulfillment of the procedural rights of witnesses: Accompaniment, obtain an interpreter, informed of the progress of cases, reimbursement of transportation costs, get legal advice, assistance while living expenses to the extent of protection and so forth in accordance with Article 5 of Law 13/2006.


Law No. 13 of 2006 on Protection of Witnesses and Victims.

Saturday, June 16, 2012

Unilateral Cancellation of Marriage

Impact of Divorce on Joint Property in a Mixed Marriage

When discussing the impact of divorce on joint property in a mixed marriage it is two things that must be observed, such as:

1. Consequences or legal consequences of joint property arrangements contained in Article 37 of the Act (Act) No. 1 of 1974 on Marriage ("UUP") which states "When marriages break up because of divorce, community property is set according to each jurisdiction". Further elucidation of Article 37 of the Marriage Law states that "The definition of " legal " respectively mean religious law, customary law and other laws."
H. Hilman Hadikusuma explained in the book "Marriage Law of Indonesia said: Customary Law Regulatory Law Religious" (p. 189), due to laws regarding community property pursuant to Article 37 of the Marriage Law was submitted to the parties to the divorce which the law and what law will apply , and if no agreement between ex-spouses, the judge may consider reasonable in the sense of justice. Thus, due to a divorce on community property for everyone can be different, depending on what the law and which will be used to set the property of the parties together. Further explanation of the phrase "their own legal" as an example is some of the following:
a. For a Muslim, there are provisions on the division of joint property in the Compilation of Islamic Law ("KHI"). Article 97 KHI set "divorced widow or widower of life of each reserve the right half of community property to the extent not otherwise provided in the covenant of marriage."
b. Then, Hilman described (p. 193), for Catholics there is essentially no divorce in the Catholic religion, as Catholics would reject a divorce. However, in practice, the couple divorced Catholic can still be civil, even though the Catholic divorce is considered invalid. In such a case, divorce and division of joint property based on the provisions of the Act Book of the Civil Code ("KUHPer").
Under Article 126 KUHPer, joint property disbanded by law either because of divorce. Then, after the dissolution of joint property, along with their wealth divided between husband and wife, or between their heirs, regardless of origin and where the goods (see Article 128 KUHPer).Thus, under Article 37 UUP in conjunction with Article 126 and 128 KUHPer, divorce resulted in the dissolution of joint property so that the community property should be divided between husband and wife.
c. In addition, the effect of divorce on community property can also be specified by the customary law that is used by the parties, if the parties use of customary law of divorce. So, everything about the community property are governed by customary law respectively, and there is no similarity between indigenous peoples and the other one.
For instance in matrilineal societies such as the Minang, generally applicable customary law that determines the legal consequences of divorce on community property is to be divided between husband and wife (Hilman, pp. 189-190).

2. If one party to the marriage is a foreign citizen, the marriage is an intermarriage.
Mixed marriage is a marriage between two people in Indonesia are subject to different laws, since the difference of citizenship and nationality Indonesia one of the parties (See Section 57 Marriage Act). If your marriage took place in Indonesia and Indonesia are subject to the law, which applies the provisions of Article 37 UUP as outlined above is, to determine which law applies and what the law relating to matrimonial property left to the agreement of the parties are divorced.
If there is no agreement between ex-spouses, Hilman added, the judge may consider reasonable in the sense of justice. So, if there are no agreements between the parties regarding the effect of divorce on community property, the judge who will determine what is legal and which ones will be applied. However, if the marriage was not recorded later in Indonesia, then the marriage is still subject to the law where the marriage took place. Ie, in the event of divorce, should be done where the marriage took place (Article 56 [1] UUP).

Wednesday, May 9, 2012

Procedurs Of Making A Will

Before making a will, of course we must know the procedure to make a will in advance. Making a will based on Indonesia positively law arranged in the Book 2 Chapter XIII Part IV of Civil Code Forms Testament. Wills forms, such as: 
- Olografis Testament, handwritten and signed by the heir himself then entrusted to the notary (see Civil Code Section 932-937);

- A will or testament to the general public deed must be made before a notary public (see Civil Code Section 938-939);
- Confidential
or closed Wills at the time of delivery, the heir must sign the establishment, either if he himself had written it or if he had someone else write it; paper containing the setting-establishment, or papers used for cover when the cover is used, must closed and sealed (see Article 940 Civil Code).
In terms of making a will, there shall be a witness with the following conditions:
- In making a will olografis required two witnesses. The process is as follows, when the heir to heir letters left, then immediately make a notarial deed of care (van de pot deed) signed by the notary, the heir, as well as two witnesses and the deed must be written on the bottom will, when will it be submitted openly, or in a separate paper when it is delivered to him sealed.
- In making a will with the public deed required two witnesses. The process of making a will to do the deed before a notary public who was then signed by the heir, notary and two witnesses.
- In making a will with a closed state required four witnesses. The process is on the delivery of the notary, the heir must submit it closed and sealed to the notary, in the presence of four witnesses, or he should explain that the paper contained his will, and that the will was written and signed by himself, or written by others and signed by him.
In terms of making a will by parents who are still alive, it needs the consent of the husband or wife of that would give the wills. This refers to the arrangement of joint property, namely:

Article 36 paragraph (1) Act No.1 of 1974 the Republic of Indonesia on marriage ("Marriage Law"), which reads:
Regarding community property, the husband or wife may act on the consent of both parties "();
However, if the house is an innate property your mother, then do not need the consent of your father. This refers to the regulation of innate property that is:
Article 36 paragraph (2) of the Marriage Law, which reads:
About the marital property, the husband and wife have full right to take legal actions to those possessions.
In the making of a will to do or entrusted to the notary. Thus, the will must be made by authentic act in accordance with the arrangements in Article 1868 Civil Code which reads:
An authentic deed is a deed made in the form prescribed by law or in the presence of public officials who are authorized to act in the place it was made .

Tuesday, April 17, 2012

Arrogance Act of Council Member

Arrogance act of Medan Council members (Amiruddin) occurred last Sunday at around 11:15 pm it is happened when he deliver his guest in the domestic departure terminal. When entering through the metal detector door, the door suddenly ring out. Spontaneous security officer, Fachrurozi, manual checks by hand to touch Amiruddin body to find suspicious objects exist. For some reason, as will be examined in the thigh pocket, according to Fachrurozi suspicious areas, Amiruddin direct hit and kick him off a few times. While kicking and punching him, Amiruddin several times said he was the Chairman of DPRD Medan.

Facrurozi reported it to the Trade Union Angkasa Pura II Polonia Airport Indonesia. Amiruddin harsh action was taken Angkasa Pura II SP Chai
rman Djamal. He held a press conference at the Office of Space Pura II Polonia. On the occasion, SP Angkasa Pura II shows CCTV footage from the airport.

By CCTV evidence, Djamal confirmed incidents of beatings by the Chairman of DPRD Medan Amiruddin. He expects that Amiruddin apologize for the execution of official arrogance to airport security officers. According to Knopf, the officer is undertaking his work according to SOP examination of the body or body seacrh applicable in every international airport and also Amiruddin not have fit in while delivering his guest. "He entered in the Domestic Departures Terminal not use Guest Pass. All guests must use the right time to deliver their relatives or friends, "

The arrogance of acts against the Chairman of the Parliament Amiruddin field security officers in Medan Polonia Airport, again showing us that in this our beloved country, officials and power holders are increasingly immoral and have no manners. every time we exhibited with the attitudes that are very poorly by people who hold positions and power. Let's see what kind of punishment he will receive. What a shame!

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