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  • +62 8128 2128 999
  • aw@wijayaco.id
Asep Wijaya

Asep Wijaya

Saturday, 04 March 2017 03:34

Marriage Legalization

Legalization of Moslem marriage in Indonesia is strictly governed by the Islamic Law for Moslem couples. This proceeding may only be carried-out under special and very limited conditions, among others, to legalize the previous performed Moslem marriage without any registration at the Moslem Marriage Registry (so called KUA/Kantor Urusan Agama).

You may also to conduct the legalization of Moslem marriage, if you meet one of the requirements, as follows:

  1. You need to get divorce, but you can't prove the legality of the marriage because you didn't receive any marriage book;
  2. You've lost your marriage book. The KUA will not issue another copy because each couple only entitles to a set of marriage book;
  3. You have any doubt regarding the legality of the marriage;
  4. The marriage took place before the 1974 Marriage Law enacted;
  5. To legalize the marriage of a couple with no legal impediment to marry, as governed by the 1974 Marriage Law. This is applicable when you're religiously married without any proper registration. No marriage book presented as proof of your marriage.  

This proceeding is very important when you're processing a probate case. The legalization of the Moslem marriage shall be used as a mirror order in any country where the probate is taking place.

Consider the following issues in order to establish the legality of the Moslem marriage  through a legal proceeding carried-out by our firm:

  1. Experienced family law attorneys;
  2. High success rates in previous similar cases handled by our attorneys that will also contribute to your success;
  3. Conclusive legal binding;
  4. World-wide legal recognition. The product of the proceeding may be used as a mirror order anytime anywhere in the world.

Call or email us to find out how you can move forward with the proceeding of the Moslem marriage legalization with the assistance of passionate family law practitioners in Indonesia.

Saturday, 04 March 2017 03:33

Out of Wedlock Child

Child born out of wedlock in Indonesia has legal relationship with her/his mother and her family only. This is because she/he was born outside the legal marriage of the parents. The biological father's name will not be printed on the child's birth certificate. But the child may have her/his legal relationship with the alleged father and his family as well, as long as a legal proceeding is being carried-out separately. It's called legalization of the child born out of wedlock. This is where the father voluntarily enter into a Paternity Affidavit, and the mother consent to it.

Nowadays, you need to conduct a DNA test to scientifically prove the relationship between the child and the alleged father. This proves the laws in Indonesia keep-up with the scientific developments. The end results of legalization born out of wedlock is to give the child entitlements as if she/he was born into the parents' legitimate marriage. The child is also entitled to use her/his father's family name. So, this proceeding is about giving your child the best they deserve.

Our lawyers at Wijaya & Co have successfully assisted our clients in getting their child legalized into their marriage. Cases we handled have contributed to the portfolio of the firm, and therefore our significant experience is a remarkable asset to the proceeding of out of wedlock child legalization with high success rate.

Consider the following issues in order to establish legal relationship between you and your  child born out of wedlock with child legalization proceeding carried-out by our firm:

  1. Experienced family law attorneys;
  2. High success rates in previous similar cases handled by our attorneys that will also contribute to your success;
  3. Conclusive legal binding;
  4. World-wide legal recognition.

Call or email us in getting your child the best they deserve legally with the assistance of passionate family law practitioners in Indonesia.

Saturday, 04 March 2017 03:32

Last Will & Testament

Will is the most common way for people to state their preferences about how their estates should be handled after their deaths. It is a legal document containing  a statement of an individual’s wishes and intents to take effect following his death, and which can be revoked. Many people use their wills to express their deepest sentiments toward their loved ones. You can protect the people you love most, choose guardians for minor children, and make gifts to family, friends and charities.

Making a valid last Will and testament is the only way to ensure that your property passes to people of your choosing rather than to people chosen by the courts based on laws that are decades old. Without a will, the estate can be subject to many problems. Relatives may also dispute over property, leading to lengthy court proceedings, and a probate judge who does not know your personal wishes will dictate who gets your property and custody of your children after your death.

By having a valid will in Indonesia, you will have full control over how your assets (i.e. your estate) are managed and distributed after your death and who will look after your children when you are no longer around to do so. The clear terms of last will require no clarification and in the event they can be interpreted in several ways, the intent of the testator must be determined rather than interpreting the text literally.

At Wijaya & Co, our Indonesian lawyers are familiar with legal constraints, complications, prohibitions and remedies that must exist in every Indonesian last will and testament. Our firm works to ensure the validity of your testament legally upheld in order to distribute your estate in Indonesia according to your last will.

Consider these reasons for getting your Indonesian Will legally incorporated with our firm:

  1. Made to order;
  2. Drafted and provided in dual language i.e. English and Indonesian;
  3. Questionnaire for Last Will and Testament is provided to gives you the idea what should be included in your Will.

Call us or send us an email for getting your Will legally incorporated and customized especially for you and your beloved family.

Sunday, 19 April 2015 03:30

Child Custody Certificate

Child custody rights in Indonesia governed in a very specific manner so you and the child you love are protected, whenever and wherever you are. The legal relationship between the child and you as the parent must be proven by a legitimate document. Indonesia has very specific laws regarding child custody.

You need to make sure the child custody certificate you have is enough to prove the rights comply with the prevailing laws and regulations in Indonesia. This is very important to the child's future as the documents will be used as a mirror order by any court or any government institution wherever you and the child may live.

The good custody certificate gives you the authority as a parent in guardianship as well as custodianship. It gives you, for the best interests of the child, the authority to represent her/him in-court and out-of-court matters. The certificate also to authorize you to live physically with the child, to nurture her/him, and to provide the best possible needs you may provide. Some custody certificate also serves as a immigration clearance to travel overseas. 

At Wijaya & Co, we have succeeded to assist many of our clients in getting their child custody certificate. We lodge their child custody applications, and present their cases as well as supplying the facts and legal grounds why they entitle to the rights of child custody. 

Consider the following issues in order to establish legal relationship between you and your step child with the adoption proceeding carried-out by our firm:

  1. Experienced family law attorneys;
  2. High success rates in previous similar cases handled by our attorneys that will also contribute to your success;
  3. World-wide legal recognition.

Call or email us in getting the custody rights of your child, and retrieve its certificate with the assistance of passionate family law practitioners in Indonesia.

Sunday, 19 April 2015 03:28

Step Child Adoption

Step child adoption is pretty special in Indonesia. Not only because this is happening within a marriage, but this is also about sharing the custody of a child between you as the step  parent and your spouse as the custody holder. It should not remove your spouse’s custody right and put it on you as the step parent. It’s more like making your spouse shares the wonder of being a parent with you as if the child was born within your marriage. Both of you will be sharing parental wonders of life changing experience in virtue of a court decree. 

Adopting your step child in Indonesia is a special adoption proceedings because it takes place within a marriage between Step Parent and Biological Parent. Adopting your spouse’s child, sometimes referred to as a step child adoption, or step parent adoption,  can make your family feel connected. When a step parent adopts his spouse’s child, he becomes responsible for the child both legally and financially in addition to forming emotional bond.

You need to be very careful with your application. There are many aspects in relation with the step child adoption in Indonesia, including delicate issues like inheritance, etc. You need to have an experienced legal representation with solid legal memorandum.  It looks easy, but it's slippery. The proceedings might end-up with failure without any substantial knowledge and experience in handling similar cases. If the court were to reject your petition of step-child adoption, you need to get it appealed to the higher court, which makes it even more difficult.

Wijaya & Co has succeeded in many proceedings of step child adoption cases in Indonesia, both for Indonesian couples, and Indonesian mixed-marriage couples. Our Indonesia lawyers have presented the similar cases with confident supported by hand-picked legal grounds, successful case precedence to help the court examine your case, witnesses briefed to support the case, and strong legal opinion of why your family needs to have the case a success.

Consider the following issues in order to establish legal relationship between you and your step child with the adoption proceeding carried-out by our firm:

  1. Experienced family law attorneys;
  2. High success rates in previous similar cases handled by our attorneys that will also contribute to your success;
  3. Conclusive legal binding.

Call or email us in getting your family intact both emotionally and legally with the assistance of dedicated family law practitioners in Indonesia.

Sunday, 19 April 2015 03:27

Foreign Divorce

You and your spouse are foreigners. Your marriage was registered out side of Indonesia. The last couple of years, you have been residing in Indonesia due to work commitment. The court, where the marriage registered, or the one in your home country, rejected your divorce application since you are not meeting residency requirements. The marriage is now between you and your new life. You need to get it dissolved, and wondering what Indonesian legal system can do about it. The answer is, yes it can help you out.

Wijaya & Co has quite significant experience working with international clients in dissolving their marriage performed and registered outside of Indonesia. The Indonesian court  will first refer to the legal system in your home country. But when the court in your country declared that they don't have any jurisdiction over your divorce case, Indonesian court will take it as Re-appointment ("Renvoi"). The case may be heard and examine with the prevailing  procedures, laws, and regulation in Indonesia.

As you might be aware, the process for getting this proceeding done will take quite some time. You need to expect time frame from 8 (eight) to 12 (twelve) months. Also, expert witnesses must also be presented to take a stand at the court since the judges might not be familiar with similar case as this thing is not happening everyday. So, do not plan anything with your new life until the whole process completely finalized. Our Indonesian lawyers will establish a strong case to be brought to the court of law by gathering facts and information, and legal grounds with high ethical and professional standard. Each paragraph in your divorce petition written carefully to reflect your domestic particular situation. Legal grounds prudently hand-picked to present the case within the Indonesian court jurisdiction. Witnesses briefed to support the divorce petition and to help accomplish the mission. Evidence appropriately legalized to meet the statutory requirements in order to create conclusive legal binding force that will benefits your case.

At Wijaya & Co you can rest-assured that your marriage can be legally dissolved in accordance with Indonesia's international private law. Consider the following highlights for utilizing our firm's services:

  1. Experienced family law attorneys in Indonesia's international private law;
  2. Worldwide recognition with the help of the Hague Convention in consularization of divorce documents;
  3. Divorce questionnaire to gather facts and assemble information to organize your divorce case;
  4. Personal assistance during court proceedings.

Call or send us an email now to seek the possibility of dissolving your marriage in Indonesia, or if you want to find out more how we're doing it in Indonesia, please click here.

Sunday, 19 April 2015 03:26

Marriage Registration

Marriage in Indonesia is pretty straight forward, simple, and most of all, legal. Consider Indonesia as a venue for your marriage registration. Indonesia's marriage certificate is world-wide recognized. Every marriage document issued by the marriage registry in Indonesia is in dual language i.e. Indonesian, and English. All you need to do is send us your personal details and picture of the two of you. Wijaya & Co can be your registration representative of your marriage at a marriage registry in Indonesia. You don’t have to queue-up for a registration and confined in a registration bureaucracy. Your marriage will be recognized by the Indonesian laws, and obtained worldwide recognition at the same time.

If both you and your fiance(e) are Christian, Buddhist or Hindu, you must hold the religious solemnization or ceremony first, then record the marriage with the Civil Registry. The Civil Registry will in turn issue a Marriage Certificate which is evidence that you are legally married. A Non-Moslem marriage which is not recorded by the Civil Registry is not considered legal. There is normally a ten-day waiting period in order to register your marriage with the Civil Registry in Indonesia. If your fiance(e) is Moslem, the ceremony should be registered at the Kantor Urusan Agama (“KUA”) or the Office of Religious Affairs.  These offices will issue a Marriage Book, which is evidence that you have legally married. Persons getting marry in a Moslem ceremony and issued a Marriage Book need not record their marriage with the Civil Registry. For foreign citizens, the documents required are copy of your passport, and a Non-Impediment Letter certifying that you are legally free to marry from your embassy in Jakarta. A Biographic Information is available to gather your personal information for getting your marriage registered in Indonesia.

Marriage in Indonesia is considered as a spiritual bond between a man and a woman. Therefore, Indonesia has no provision for mixed-religion marriage as the religion plays important role in your marriage life. Both partner must have the same religion. Otherwise, one of you must convert, if you have mixed-religion issue in your relationship. We can also assist you in religion converting and it can be carried-out within less than 30 (thirty) minutes before the marriage conducted.

These are the reasons why you need to choose our services:

  1. Worldwide recognition;
  2. A Biographic Information Form is available to gather your personal information;
  3. You can get marry within 10 (ten) calendar days;
  4. Religion conversion can be done at the same time with marriage ceremony;
  5. Dual language marriage documents i.e. Indonesian, and English;
  6. Simple, legal, and hassle-free. 

Call or send us an email now for getting your marriage registered in Indonesia, and live happily ever after. Cheers!

Sunday, 19 April 2015 03:20

Postnuptial Agreement

Postnuptial agreement in Indonesia (so called "Postnup") is not something we see on everyday basis in family law practice. Nevertheless, postnup is legally recognized by the Indonesian law. It's not a back-dated prenup. It's a marital contract to separate assets signed on an actual date after your marriage. Just like a prenup, it separates your assets during the course of marriage and effectively valid since you've signed the contract. The good thing about having a postnup is it applicable retroactively to the property acquired before you sign the postnup. This is the ultimate legal solution for mixed-marriage couples who did not sign any prenuptial agreement prior to their marriage.

At Wijaya & Co, we handle postnup as part of our practice. We know how to deal with its legal issues, do's and don'ts and most of all how to make you stay in control of your assets in Indonesia without affected by the legal constraints anymore. Our Indonesian lawyers have the experience, knowledge, and the ability to protect your property acquired during the marriage, with a postnup.

Consider these reasons for hiring our firm to assist you in getting your Indonesian postnup:

  1. Full service legal assistance from scratch to finish;

  2. High-success ratio in previous cases we handled;

  3. Questionnaire is provided to give you the idea of what should your postnup should be;

Call us or email us to find out more of what we can do for you, or click here to read more to get the big picture.

Sunday, 19 April 2015 03:19

Divorce Case

Divorce in Indonesia may only be carried-out in front of the court of law. Indonesia does not recognize a divorce by mutual consent. Therefore, cross examination in the court litigation must be conducted in order to meet one of the legal grounds for getting the marriage dissolved. Divorce litigation, and proceeding on marital property division will be treated under different cases. You need to have the marriage legally dissolved before you may claim the property division. 

One of the means to dissolve a marriage is by divorce. It may only be effected on "sufficient reasons."  The reasons for a divorce have been regulated in the Marriage Law, which are, in the event one of the parties:

  1. has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure;
  2. has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;
  3. has been sentenced to imprisonment for 5 (five) years or a longer period;
  4. has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse;
  5. has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or
  6. Irreconcilable differences.

Courts in Indonesia have jurisdiction over divorce application to dissolve the marriage registered in Indonesia, regardless your nationalities. Our courts have the same jurisdiction over the marriage dissolution to the marriage performed abroad by at least one Indonesian spouse in the matrimony, and reported to the Indonesian government agencies. 

The legal system in Indonesia does not honor divorce verdict from a foreign court. It has something to do with the nation's sovereignity. Therefore, you will have to go through another new proceeding to dissolve your marriage in Indonesia. You have to go through the same headache, hassles, and the last thing you know time wasted for nothing while you can start building a new life instead. So, better do it the right way: finish what you start, where you start it. 

Wijaya & Co has assisted many clients with their divorce applications with the courts in Indonesia. We know how to achieve your goals by utilizing the evidence, and information supplied by the witnesses. 

Call or email us if you think a divorce is your only solution to move on with your life.

Sunday, 19 April 2015 03:16

Mixed-Marriage

They said mixed-marriage in Indonesia is always full of legal complications. If you pay attention to legal issues, the mixed-marriage should be practical since people get marry in order to look for  a life of happiness. Foreigners who married to Indonesian spouses should be consider legal assistance from the very beginning. If you wish to get marry in Indonesia, you must pay attention to the religion of yours and your fiancee. If you are Moslem than you must hold Moslem ceremony with Office of Religious Affairs. If you are Non-Moslem, you must perform religious ceremony and register your marriage with Civil Registry Office. When you have decided to get marry abroad, you need to report your marriage with Indonesian Civil Registry Office.

Prior to marriage, don't forget to get a prenuptial agreement. Considering foreigners are not allowed to have a property in Indonesia, and if you wish to take the quite sensible precaution of a prenuptial agreement for the purpose of protecting yourself and your properties in the event that one of you dies, a prenuptial agreement is a must-have choice. The Indonesian government can, by law, take virtually everything away from the grieving party because they did not create such a protective document PRIOR to marriage.

When your Indonesian wife delivering a baby in Indonesia, you must report the birth within 10 days to get Foreign Birth Certificate. Otherwise, Civil Registry Office requires Court Decree. Afterwards, you need to get your baby passport from your embassy in Indonesia and apply KITAS with Immigration Department. If you have decided to stay in Indonesia, you need to get Family Card from Civil Registry Office. In the past, the baby was born in mixed-marriage with foreign father, the baby's nationality goes to that father. Under the old law, citizenship could only be handed down via an Indonesian father. So children born to an Indonesian woman and a foreigner could not be citizens. They could only live in Indonesia on temporary permits. The new law considered as landmark law on citizenship. It provides for, among others, children from the mixed-marriage  to have dual citizenship until they reach 18 years of age or more when they have to choose one citizenship, either Indonesian or the other.

Under this new law, the child does not automatically lose his or her Indonesian status. Indonesian women are not automatically follow their husbands' citizenship status and can be sponsors for their husbands to turn status to Indonesian citizens. The new law also states that foreigners who have been living in the country for 5 (five) years will be able to apply for Indonesian citizenship, but they must give up their original citizenship and be able to speak Indonesian, among other conditions. It also stipulates that  Indonesian Chinese, who make up 4 per cent of the country's 209 million people, will no longer need to produce proof of their citizenship or undergo the naturalisation process, provided they were born to Indonesian parents. The law also makes it punishable if officials do not treat them on a par with other citizens.

Wijaya & Co can assist you with the complications arise in your mixed-marriage. Our Indonesian lawyers have assisted many international clients with their legal matters at Civil Registry Office and Immigration Department.

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