What You Need to Know About Affidavit of Foreign Law in Indonesia

If you’ve ever dealt with legal matters in Indonesia that involve foreign elements, like inheritance, marriage, or family disputes, you might have heard about something called an “Affidavit of Foreign Law.” It sounds complicated, but let’s break it down together. 

You and I will explore what it is, why it’s important, and how it connects to Indonesian laws like the Civil Code and the 1974 Marriage Law.

What Is an Affidavit of Foreign Law?

An affidavit of foreign law is a formal document that explains the Indonesian laws to foreign authorities or courts. Think of it as a bridge between two legal systems. For example, if you’re a foreigner or married to one, and you’re dealing with inheritance or family matters in Indonesia, the foreign court might need to understand how the laws in Indonesia work. This affidavit is usually prepared by a legal expert, like a lawyer at Wijaya & Co, who is familiar with the Indonesian law in question.

Why is this important? Well, foreign courts don’t automatically know the laws of other countries, like Indonesia. So, if you want them to consider Indonesian laws in your case, you need to provide this affidavit as evidence.

When Do You Need It?

There are a few situations where an affidavit of foreign law might come into play. Let’s look at some examples:

1. Inheritance Cases. Imagine you’re a foreigner living in Indonesia, and a family member in your home country passes away, leaving you an inheritance. Or maybe you’re an Indonesian citizen, but you’re inheriting assets from a foreign relative. In these cases, the court might need to know how inheritance laws work in the foreign country like Indonesia.

   Under Indonesian law, inheritance is governed by the Civil Code (Kitab Undang-Undang Hukum Perdata). Articles 830 to 1130 of the Civil Code cover everything from who qualifies as an heir to how assets are divided. But what happens if the deceased was a foreigner? According to Article 16 of the General Provisions of Indonesian Law (Algemene Bepalingen van Wetgeving), the law of the deceased’s nationality often applies to inheritance matters. This is where the affidavit of foreign law comes in. It helps explain the Indonesian inheritance rules to the foreign court.

2. Marriage and Family Law. Marriage and family matters can get tricky when different nationalities are involved. For instance, let’s say you’re married to a foreigner, and you’re sorting out issues related to property, divorce, or child custody. The 1974 Marriage Law (Undang-Undang No. 1 Tahun 1974) governs marriage in Indonesia, including what counts as a lawful marriage, legitimate children, and inheritance rights.

   Under Article 2 of the Marriage Law, a marriage is considered valid if it complies with the laws of the couple’s religion and is registered with the state. But what if your spouse is from a country with different marriage laws? Or what if you got married abroad? In such cases, the foreign court might need an affidavit of foreign law to understand whether your marriage is valid under the Indonesian laws.

   Similarly, Article 42 of the Marriage Law states that children born within a lawful marriage are considered legitimate. If there’s a dispute about legitimacy or inheritance rights, the foreign court might look at Indonesian laws to determine the child’s status. Again, an affidavit of foreign law can help clarify these issues.

3. Disputes Involving Foreign Assets. If you own property or other assets abroad, and there’s a dispute about how they should be divided, foreign courts might need to consider the Indonesian laws of the country where they come from. For example, let’s say you’re going through a divorce, and your spouse is claiming a share of your overseas property. The affidavit of foreign law can explain how property division works in Indonesia, helping the court make a fair decision.

How Do You Get an Affidavit of Foreign Law?

Now that we know when you might need one, let’s talk about how to get it. The process usually involves these steps:

1. Hire a Legal Expert. You’ll need to find a lawyer like Wijaya & Co who specializes in the foreign law you’re dealing with. This person should be qualified to provide a legal opinion that foreign courts will accept.
2. Provide Relevant Information. The legal expert at Wijaya & Co  will need details about your case, such as documents related to inheritance, marriage, or property. Be prepared to share as much information as possible.
3. Draft the Affidavit. The legal expert at Wijaya & Co will draft the affidavit, explaining the relevant Indonesian laws in a way that’s clear and easy for foreign authorities to understand. This document should include citations to the Indonesian laws and explain how they apply to your case.
4. Submit the Affidavit. Once the affidavit is ready, you’ll submit it to the foreign court or government agency handling your case. In some cases, the affidavit might need to be translated into English and attested.

Why Does It Matter?

You might be wondering, “Can’t the foreign court just figure this out on its own?” The short answer is no. Foreign courts rely on evidence presented by the parties involved in a case. If you want the court to consider Indonesian laws, it’s your responsibility to provide the necessary information. Without an affidavit of foreign law, the court might default to applying foreign law, which could lead to outcomes that don’t align with your expectations.

For example, let’s say you’re a foreigner inheriting property in Singapore. If you don’t provide an affidavit explaining Indonesian inheritance laws, the court might apply foreign inheritance rules instead. This could affect how the property is divided and who gets what.

Challenges and Tips

Getting an affidavit of foreign law can be a bit of a hassle, especially if you’re not familiar with the legal system. Here are some tips to make the process smoother:

1. Start Early. Legal matters can take time, so don’t wait until the last minute to get the affidavit.
2. Choose the Right Expert. Make sure the person drafting the affidavit has the right qualifications and experience. If possible, look for someone who has worked on similar cases before, like Wijaya & Co.
3. Be Thorough. Provide all the documents and information the legal expert needs. The more details they have, the better the affidavit will be.
4. Check the Translation. If the affidavit needs to be translated into English, make sure the translation is accurate. A poorly translated document could cause confusion or delays.

Final Thoughts

Dealing with legal matters that involve foreign elements can feel overwhelming, but you don’t have to go through it alone. By understanding the role of an affidavit of foreign law and working with the right experts, you can navigate the process with confidence.

Remember, the affidavit is more than just a piece of paper. It’s  your way of ensuring that the court understands your unique situation. Whether you’re dealing with inheritance, marriage, or property disputes, this document can make all the difference in achieving a fair outcome.

So, the next time you find yourself in a legal situation that crosses borders, don’t hesitate to ask for help. You and I both know that with the right guidance, even the most complex issues can be resolved.

My name is Asep Wijaya. Thank you for reading my posts!