You and I both know that parenting comes with its fair share of challenges. One of the most sensitive and emotional aspects of parenting arises when families face separation or divorce. In such situations, the question of child custody and relocation can become a major issue. 

If you’re a parent in Indonesia, it’s crucial to understand that taking your child to live somewhere else without a proper relocation order from the court is not only risky but also against the law.

Let’s talk about why this is important and what the legal framework says about it.

Why You Can’t Just Relocate with Your Child

As parents, we naturally want what’s best for our children. But when it comes to making big decisions like moving to a new city or country, the law in Indonesia has clear rules to ensure that the child’s best interests are protected. You can’t simply pack up and move with your child without considering the legal implications. This is especially true if you and your spouse are separated or divorced.

The Indonesian legal system has put measures in place to prevent one parent from unilaterally making decisions that could disrupt the child’s life or violate the rights of the other parent. Let’s break down the key laws that govern this issue.

The 1974 Marriage Law: Custody and Parental Rights

The 1974 Marriage Law (Undang-Undang No. 1 Tahun 1974 tentang Perkawinan) is one of the foundational laws governing family matters in Indonesia. According to this law, both parents have equal rights and responsibilities toward their children, even after a divorce. Article 41 of the Marriage Law states that in the event of a divorce, the court will decide who gets custody of the child. The parent who does not get custody still has the right to visit and maintain a relationship with the child.

Now, imagine this: if you were to relocate with your child without the court’s approval, you could be infringing on the other parent’s visitation rights. This could lead to legal consequences, including accusations of parental abduction. The court’s role here is to ensure that both parents’ rights are respected and that the child’s well-being is prioritized.

The Child Protection Law: Putting the Child’s Best Interests First

The Child Protection Law (Undang-Undang No. 23 Tahun 2002 tentang Perlindungan Anak, as amended by Law No. 35 of 2014) is another critical piece of legislation that you need to be aware of. This law emphasizes that every decision involving a child must prioritize the child’s best interests. Article 3 of the law states that children have the right to grow and develop in a safe, loving, and supportive environment.

If you’re thinking about relocating with your child, you need to ask yourself: is this move truly in the best interests of my child? The court will consider factors like the child’s age, education, social environment, and emotional well-being before granting a relocation order. Without the court’s approval, your decision to relocate could be seen as disregarding the child’s rights and needs.

The 2006 Administration of Population Law: Legal Residency Matters

Relocating with your child isn’t just about packing your bags and moving to a new place. It also involves updating your child’s legal residency status. The 2006 Administration of Population Law (Undang-Undang No. 23 Tahun 2006 tentang Administrasi Kependudukan, as amended by Law No. 24 of 2013) requires all residents in Indonesia to have accurate and up-to-date population data, including their place of residence.

If you relocate without a court order, you may face difficulties in updating your child’s residency documents, such as their Kartu Keluarga (Family Card) and Kartu Identitas Anak (Child Identity Card). This could lead to complications when enrolling your child in school, accessing healthcare, or dealing with other administrative matters. By obtaining a relocation order from the court, you ensure that your child’s legal status is properly updated and recognized.

What Happens If You Relocate Without a Court Order?

You might be wondering, “What’s the worst that could happen if I move without a court order?” Well, the consequences can be serious. Here are a few potential outcomes:

1. Legal Action from the Other Parent. The other parent could file a lawsuit against you for violating their custody or visitation rights. This could result in the court ordering you to return the child to their original place of residence.
2. Parental Abduction Charges. In extreme cases, relocating without a court order could be considered parental abduction. This is a serious offense that could lead to criminal charges.
3. Impact on Future Custody Decisions. If you’re involved in an ongoing custody battle, relocating without permission could harm your case. The court may view your actions as irresponsible or not in the child’s best interests.
4. Administrative Complications. As mentioned earlier, failing to update your child’s residency documents could create administrative hurdles that affect your child’s education, healthcare, and other essential services.

How to Get a Relocation Order from the Court

Now that we’ve established why a relocation order is essential, let’s talk about how you can get one. The process involves filing a petition with the court and providing a strong case for why the relocation is necessary and beneficial for your child. Here are some steps you can take:

1. Consult a Lawyer. Working with a family lawyer like Wijaya & Co0 can help you navigate the legal process and ensure that your petition is well-prepared.
2. Provide Evidence. Be ready to present evidence that supports your case. This could include proof of better educational opportunities, a safer living environment, or improved financial stability in the new location.
3. Demonstrate Cooperation. Show the court that you’re willing to cooperate with the other parent and maintain their visitation rights. This could involve proposing a new visitation schedule or offering to cover travel expenses for visits.
4. Focus on the Child’s Best Interests. Remember, the court’s primary concern is the child’s well-being. Make sure your petition clearly explains how the relocation will benefit your child emotionally, socially, and academically.

Let’s Do What’s Right for Our Children

At the end of the day, you and I both want what’s best for our children. While the legal process for obtaining a relocation order may seem daunting, it’s a necessary step to ensure that your child’s rights and well-being are protected. By following the law and working with the court, you can make decisions that are not only in your child’s best interests but also legally sound.

So, before you make any big moves, take a moment to think about the legal and emotional implications. Talk to a lawyer like Wijaya & Co, gather your evidence, and file for a relocation order. It’s a small price to pay for the peace of mind that comes with knowing you’re doing the right thing for your child. After all, our children deserve nothing less than our best efforts to protect and nurture them.

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

You and I both know that marriage is often seen as a sacred bond, a partnership built on love, trust, and commitment. 

In Indonesia, marriage is not just a personal matter. It’s deeply rooted in cultural, religious, and legal frameworks. But let’s face it, marriage isn’t always the fairy tale we imagine. For some couples, the story doesn’t end with “happily ever after.” Divorce, once considered taboo, is becoming more common in Indonesia, and it’s reshaping how married couples navigate their relationships.

Let’s dive into what’s happening, why it’s happening, and how the legal system plays a role in all of this.

The Changing Face of Marriage in Indonesia

Marriage in Indonesia is governed by the 1974 Marriage Law, which sets the foundation for what a legal marriage should look like. It emphasizes that marriage is a sacred bond between a man and a woman, based on mutual consent and aligned with their respective religions. But here’s the thing: while the law paints an ideal picture, real-life marriages are far more complex.

Over the years, societal changes have influenced how we view marriage. Urbanization, education, and economic independence, especially for women, have shifted traditional dynamics. Couples today are more likely to prioritize personal happiness and equality in their relationships. When those expectations aren’t met, divorce becomes an option.

Divorce: A Growing Trend

Divorce rates in Indonesia have been steadily rising. According to the Central Statistics Agency (BPS), the number of divorces has increased significantly over the past two decades. Why? Well, there are several factors at play.

First, let’s talk about economic stress. Financial struggles are one of the leading causes of marital breakdowns. You and I both know how hard it can be to make ends meet, especially in challenging economic times. When money problems pile up, they often lead to arguments and resentment.

Second, there’s the issue of infidelity. Trust is the cornerstone of any marriage, and when it’s broken, it’s hard to rebuild. Unfortunately, cases of unfaithfulness are not uncommon, and they often lead to divorce.

Third, there’s the matter of domestic violence. The 1974 Marriage Law allows for divorce if one spouse is subjected to physical or emotional abuse. While it’s heartbreaking to think about, many individuals, especially women, are choosing to leave abusive relationships rather than endure them.

Finally, changing societal norms have made divorce less stigmatized. In the past, couples might have stayed together to avoid shame or judgment from their communities. Today, there’s a growing acceptance that sometimes, parting ways is the best decision for everyone involved.

The Legal Grounds for Divorce

Now, let’s get into the nitty-gritty of how divorce works in Indonesia. The 1974 Marriage Law outlines specific grounds for divorce, including:

1. Adultery or infidelity
2. Abandonment for at least two years
3. Physical or emotional abuse
4. Chronic illness that prevents one spouse from fulfilling marital duties
5. Irreconcilable differences

For Muslims, the Islamic Compilation Law (KHI) provides additional guidance. It emphasizes that divorce should be a last resort, only pursued after all efforts at reconciliation have failed. The KHI also requires mediation before a divorce can be finalized, reflecting the Islamic principle of prioritizing harmony and family unity.

For non-Muslims, the process is governed by civil courts. Regardless of religion, all divorces must be registered with the Civil Registry Office, as mandated by the 2006 Administration of Population Law. This ensures that the divorce is legally recognized and that both parties can move forward with their lives.

The Impact on Married Couples

Divorce doesn’t just end a marriage. It changes lives. For many couples, the process is emotionally draining and financially burdensome. Let’s break down some of the key impacts.

Emotional Toll

Divorce is rarely easy. Even when both parties agree it’s the best decision, it can still be painful. There’s a sense of loss, not just of the relationship, but of shared dreams and plans for the future. For couples with children, the emotional stakes are even higher. Co-parenting after divorce requires a level of communication and cooperation that can be challenging, especially if the separation was contentious.

Financial Challenges

Divorce can also have significant financial implications. Splitting assets, paying legal fees, and adjusting to a single-income household can be overwhelming. For women, especially those who were financially dependent on their spouses, the transition can be particularly difficult. While the law provides for alimony and child support, enforcing these payments can be a challenge.

Social Stigma

Although divorce is becoming more common, it’s not entirely free of stigma. In some communities, divorced individuals, especially women, may face judgment or discrimination. This can make it harder to move on and rebuild their lives.

New Beginnings

On the flip side, divorce can also be a fresh start. For many, it’s an opportunity to leave behind toxic relationships and focus on personal growth. It’s a chance to rediscover who they are and what they want out of life. And while the journey may be tough, it often leads to greater happiness and fulfillment in the long run.

What Can We Learn from This?

So, what does all of this mean for you and me? Well, it’s a reminder that marriage is a partnership that requires effort, communication, and mutual respect. It’s not always easy, but when both parties are committed to making it work, it can be incredibly rewarding.

At the same time, it’s important to recognize that not all marriages are meant to last. Sometimes, divorce is the healthiest choice for everyone involved. And that’s okay. The legal system in Indonesia, while not perfect, provides a framework to ensure that divorces are handled fairly and with dignity.

Moving Forward

As divorce becomes more common in Indonesia, it’s clear that our understanding of marriage is evolving. You and I can see that this isn’t necessarily a bad thing. It’s a reflection of changing values and priorities, as well as a growing recognition of individual rights and well-being.

For married couples, the key takeaway is this: don’t take your relationship for granted. Invest in it. Communicate openly. Support each other through the ups and downs. And if things don’t work out, know that there’s no shame in choosing a different path.

In the end, marriage is what you make of it. Whether you’re celebrating decades together or starting over after a divorce, what matters most is that you’re living a life that feels true to you.

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

Have you ever thought about what happens to your belongings after you’re gone? It’s not the most cheerful topic, but it’s an important one. You and I both know that life is unpredictable, and planning ahead can save our loved ones from unnecessary stress. That’s where a last will comes in, a legal instrument that’s not just a piece of paper but a tool that can truly change lives. 

In Indonesia, creating a last will is more than just a personal decision; it’s deeply rooted in our legal system, cultural values, and even religious beliefs.

Let’s dive into what makes a last will so powerful, how it works under Indonesian law, and why it’s something you should consider for your estate planning.

What Is a Last Will?

A last will, or testament, is a legal document where you state how your assets should be distributed after your death. It’s your voice when you’re no longer around to speak. 

In Indonesia, a last will is governed by several legal frameworks, including the Civil Code (Kitab Undang-Undang Hukum Perdata), the 1974 Marriage Law (Undang-Undang Nomor 1 Tahun 1974), and the Islamic Compilation Law (Kompilasi Hukum Islam). These laws ensure that your wishes are respected while balancing the rights of your heirs.

Why Should You Have a Last Will?

You might be wondering, “Why do I even need a last will? Can’t my family just divide my assets after I’m gone?” While that’s possible, it’s not always smooth sailing. Without a clear will, disputes can arise, and the process of dividing assets can become complicated and time-consuming.

Here’s why a last will is a game-changer:

1. Clarity and Fairness. A last will ensure that your assets are distributed exactly as you wish. Whether it’s your house, savings, or even sentimental items, you get to decide who gets what. This clarity can prevent misunderstandings and conflicts among your family members.
2. Legal Protection. Under the Civil Code, a last will is legally binding. This means your wishes are protected by law, and your heirs have a clear roadmap to follow. It’s not just about dividing assets. It's about ensuring your legacy is handled with respect.
3. Respecting Religious and Cultural Values. In Indonesia, religion plays a significant role in inheritance matters. For Muslims, the Islamic Compilation Law provides specific guidelines on how assets should be divided, often allocating shares to children, spouses, and other relatives. A last will allows you to align your estate planning with these principles while addressing any unique circumstances.
4. Peace of Mind. Let’s be honest. None of us want to leave behind a mess for our loved ones to clean up. By creating a last will, you’re giving yourself and your family peace of mind, knowing that everything is taken care of.

How Does a Last Will Work in Indonesia?

Now that we’ve covered why a last will is important, let’s talk about how it works in Indonesia. The process might seem daunting, but it’s actually quite straightforward once you understand the basics.

1. Legal Frameworks. Indonesia’s inheritance laws are influenced by three main legal systems: civil law, Islamic law, and customary law (adat). The applicable law depends on your religion and personal circumstances. For example: a). Civil Code.  Applies to non-Muslims and provides general guidelines for creating and executing a last will. b) Islamic Compilation Law. Applies to Muslims and outlines specific inheritance rules based on Islamic principles. Customary Law.  In some regions, local traditions may also influence inheritance matters. Understanding which legal framework applies to you is the first step in creating a valid last will.

2. Heirs and Inheritance Shares. Under the Civil Code and Islamic Compilation Law, certain heirs have a legal right to a portion of your estate. For example: a) Civil Code: Spouses, children, and parents are considered primary heirs. If you exclude them from your will, they may still claim their legal share. b)  Islamic Law: The Islamic Compilation Law specifies fixed shares for heirs, such as one-third for the wife and two-thirds divided among the children. However, you can allocate up to one-third of your estate to non-heirs or charitable causes.

3. Witnesses and Registration. A valid will must be signed in the presence of two witnesses. Once the will is finalized, it’s registered with the local probate office to ensure its validity.

Common Misconceptions About Last Wills

Let’s address some myths that might be holding you back from creating a last will:

1. “I don’t have enough assets to need a will.” A last will isn’t just for the wealthy. Whether you have a small savings account or a family heirloom, a will ensures your belongings go to the right people.
2. “My family will handle it.” While your family might have the best intentions, disagreements can arise. A last will provide clear instructions and minimizes potential conflicts.
3. “It’s too complicated.” Creating a will is simpler than you think, especially with the help of a lawyer like Wijaya & Co. It’s a small effort for a big impact.

How to Create a Last Will in Indonesia

Creating a last will might sound intimidating, but it’s actually a straightforward process. Here’s a step-by-step guide to help you get started:

1. List Your Assets. Start by making a list of all your assets, including property, savings, investments, and personal belongings. Don’t forget to include any debts or liabilities.
2. Decide on Your Beneficiaries. Think about who you want to inherit your assets. This could include family members, friends, or even charitable organizations.
3. Consult a Legal Expert. It’s a good idea to consult lawyer like Wijaya & Co who specializes in estate planning. They can help you draft a will that complies with Indonesian law and reflects your wishes.
4. Sign and Register Your Will. Once your will is drafted, you’ll need to sign it in the presence of two witnesses. Wijaya & Co will assist you to register your will to ensure it’s legally binding.
5. Review and Update Your Will. Life changes, and so should your will. Make sure to review and update your will regularly to reflect any changes in your circumstances.

Final Thoughts

Writing a last will might not be the most exciting thing on your to-do list, but it’s one of the most important. It’s a way to take care of your loved ones, protect your legacy, and ensure your wishes are respected. Whether you’re guided by the Civil Code, the 1974 Marriage Law, or the Islamic Compilation Law, a will is a powerful tool that can bring peace of mind to you and your family.

So, what are you waiting for? Let’s take that first step together. Start thinking about your assets, your loved ones, and your legacy. Because at the end of the day, a last will isn’t just a legal document. It’s a gift to the people you care about most.

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

Hi, this is Asep Wijaya. 

I want to discuss something that has shaken up the business world in Indonesia: the 2023 Jobs Creation Law, or as we call it, UU Cipta Kerja. 

If you’ve ever thought about starting a business or already run one, you’ll know how important the rules around Limited Liability Companies (PT) are. This law has rewritten the playbook, making it easier and more flexible to set up and run a PT. You and I both know that running a business can be tough, but these changes aim to make things smoother. 

Let’s dive into how this law has changed the game, especially compared to the 2007 Company Law (UU Perseroan Terbatas).

Incorporation: A New Era of Simplicity

First off, let’s talk about starting a company. 

Under the 2007 Company Law, you needed at least two shareholders to form a PT. This made things tricky if you wanted to go solo. But now, thanks to UU Cipta Kerja, you can set up a PT as a single shareholder. Yes, you read that right! It’s called a "sole proprietorship PT" (Perseroan Perorangan). This is a game-changer for entrepreneurs like you and me who want to start small without the hassle of finding a partner.

Not only that, but the incorporation process has been streamlined. Remember how tedious it used to be, running from one government office to another? Now, everything is digital, and it’s much faster. This means you can spend less time on paperwork and more time building your business.

Business Activities: More Freedom, Fewer Restrictions

Now let’s move on to what your company can actually do. Under the 2007 Company Law, there were a lot of restrictions on business activities. You had to comply with a long list of requirements, and some sectors were off-limits unless you partnered with local businesses. It felt like you were constantly jumping through hoops.

The 2023 Jobs Creation Law changes that. It opens up more sectors to foreign and domestic investment, giving you more freedom to choose what kind of business you want to run. The government has also simplified licensing requirements, so you don’t have to deal with as much red tape. For example, if your business is considered low-risk, you might not even need a license, just a registration. This is a big win for small and medium-sized businesses looking to grow without being bogged down by bureaucracy.

Capital Requirements: Lower Barriers to Entry

Let’s talk about money, specifically, the capital you need to start a PT. Under the 2007 Company Law, there was a minimum capital requirement, and it wasn’t exactly small. For many aspiring entrepreneurs, this was a major hurdle. You had to prove you had the funds, which often meant borrowing money or pooling resources.

UU Cipta Kerja has done away with this. Now, there’s no minimum capital requirement for most PTs. You can decide how much capital your company needs based on your business plan. This makes it so much easier for people like you and me to turn our ideas into reality. Whether you’re starting a tech startup or a small café, you don’t need to worry about meeting an arbitrary financial threshold.

Owners’ Liability: Clarity and Protection

Finally, let’s talk about liability. One of the reasons people choose to set up a PT is to limit their personal liability. Under the 2007 Company Law, this principle was already in place, but there were some gray areas. For example, if you didn’t follow all the rules when setting up your PT, you could still be held personally liable for the company’s debts.

The 2023 Jobs Creation Law provides more clarity and protection for business owners. As long as you comply with the regulations, your liability is limited to the amount of capital you’ve invested in the company. This gives you peace of mind, knowing that your personal assets are safe if things don’t go as planned. It’s a safety net that encourages more people to take the leap into entrepreneurship.

Why These Changes Matter

You might be wondering, why did the government make these changes? The answer is simple: to create jobs and attract investment. By making it easier to start and run a business, UU Cipta Kerja aims to boost economic growth. More businesses mean more jobs, and that’s something we can all get behind.

But it’s not just about the economy. These changes also reflect a shift in mindset. The government is recognizing that entrepreneurs like you and me are the backbone of the economy. They’re giving us the tools and flexibility we need to succeed, and that’s a big deal.

What This Means for You

If you’ve been thinking about starting a business, now is the time to act. The 2023 Jobs Creation Law has removed many of the barriers that used to stand in your way. Whether it’s the simplified incorporation process, the freedom to choose your business activities, or the elimination of minimum capital requirements, these changes are designed to help you succeed.

And if you already run a business, take a close look at the new rules. You might find opportunities to expand or streamline your operations. The business landscape in Indonesia is changing, and those who adapt will thrive.

Final Thoughts

The 2023 Jobs Creation Law has truly changed everything about Limited Liability Companies in Indonesia. From incorporation to business activities, capital, and liability, the new rules make it easier and more flexible to start and run a PT. For entrepreneurs like you and me, this is a game-changer. It’s an exciting time to be in business, and the opportunities are endless.

So, what’s your next move? Whether you’re starting your first company or looking to grow an existing one, the new rules are here to support you. 

Let’s seize this moment and build something amazing. After all, the future of business in Indonesia is in our hands.

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