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Another Marital Contract in Indonesia called Postnup

Saturday, 08 February 2020
Written by Asep Wijaya
Read 496 times
Postnuptial agreement is another marital contract recognized under the laws and regulation in the Republic of Indonesia. It is a contract entered into by husband and wife within the course of their marriage. It is not valid retroactively and only applicable to property acquired after the contract legally executed. As to other contracts under the legal system in Indonesia, both Article 1320 and 1338 of Civil Code are applicable to the postnuptial agreement. Those two articles are the basic rules…

Here’s How Prenup Can Help You Own Property in Indonesia

Monday, 06 January 2020
Written by Asep Wijaya
Read 529 times
Legal Ground in General In Indonesia, foreigners are not allowed to legally own freehold title (Hak Milik) in landed property. In accordance with Article 21 (1) of Law number 5 of 1960 regarding Basic Agrarrian Law imposed that: “Only Indonesian citizens can have a hak milik.” In the event the Indonesian married to a foreigner, she will be precluded to legally own freehold title of a landed property. This stipulation also similar to the situation as if she lost her…

Real Estate Transaction in Indonesia (2)

Monday, 30 December 2019
Written by Asep Wijaya
Read 1029 times
Real estate transaction in Indonesia is pretty straight forward but yet tricky as well as interesting business practise. Several aspects blended in one single deal. It involves various legal fields such as property law, taxation law, inheritance law, as well as family law in general. In real estate transaction, the most familiar and usual one is sale and purchase transaction. It happens on daily basis. It just business as usual. The Basic Agrarian Law in Indonesia stipulates that sales and…

What Happen When Couples Agreed to Legalize the Child Born Out of Wedlock in Indonesia

Monday, 09 December 2019
Written by Asep Wijaya
Read 1157 times
Child born out of wedlock in Indonesia has only legal relationship with its mother, and her family. This situation reflects in the child's birth certificate where you won't see the father's name on it. Without the marriage to the mother, the alleged father will not be able to retrieve custody privilege. Apart from the marriage, the father may also acknowledge the child in order to create relationship with the child. The father must acknowledge the child as his flesh and…

It's a Fact: Foreign Marriage Dissolution is Doable in Indonesia

Monday, 02 December 2019
Written by Asep Wijaya
Read 1039 times
Divorce in Indonesia for foreign couples is doable. The terms of foreign divorce refer to the fact that both of the spouses are foreigners, and none of them are an Indonesian citizen. Their marriage was performed and registered outside of territory of the Republic of Indonesia. None of the spouses report the marriage to the authority in Indonesia. So how can they get divorce in Indonesia? How do they dissolve their marriage? Do they event have any access to the…

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