You are here:Wijaya & Co. Law Firm/Sites/Wijaya & Co. Full Service Indonesian Law Firm | Indonesian Legal Services | Indonesian Lawyers | Law Firm in Indonesia - Sites
Subscribe to this RSS feed
Assets Distribution is Struggling in Intestacy Situation. This Last Will in Indonesia is Trying to Change That

Assets Distribution is Struggling in Intestacy Situation. This Last Will in Indonesia is Trying to Change That

Let’s talk about something we don’t often like to think about, what happens to our assets when we’re no longer around. You and I both know that life is unpredictable, and while we hope for the best, planning for the unexpected is just smart. 

In Indonesia, the issue of asset distribution can get pretty messy, especially when someone passes away without leaving a will. This is what’s called an intestacy situation, and trust me, it’s not something you’d want your loved ones to deal with.

When there’s no will, the law steps in to decide who gets what. Sounds fair, right? Well, not always. The process can be complicated, time-consuming, and emotionally draining for the family. But here’s the good news: there’s a growing movement in Indonesia to encourage more people to create a last will. 

Let’s dive into why this matters and how it could make things so much easier for everyone involved.

Why Intestacy is a Problem

Imagine this: someone you know passes away suddenly, leaving behind a house, some savings, and maybe a small business. They didn’t leave a will because, like many people, they thought they had plenty of time to sort it out. Now, their family is left to figure out who gets what. In Indonesia, the distribution of assets without a will is governed by inheritance laws, which can vary depending on religion, local customs, and civil law.

For example, under Islamic inheritance law (which applies to the majority of Indonesians), specific portions of the estate are allocated to certain family members. But what if the deceased had a different idea of how they wanted their assets distributed? Maybe they wanted to leave a larger share to a child who took care of them in their old age or to a spouse who supported them through tough times. Without a will, their wishes can’t be honored, and the law takes over.

This often leads to disputes among family members. You’ve probably heard stories of siblings fighting over property or relatives cutting ties over inheritance issues. It’s heartbreaking, and it’s something that could have been avoided with a little planning.

Legal Grounds for Last Will in Indonesia

In Indonesia, the legal framework governing the creation and execution of a last will is based on several key laws:

  1. Civil Code (Kitab Undang-Undang Hukum Perdata, so called "KUHPer").  The Civil Code serves as the primary legal basis for wills in Indonesia, particularly for non-Muslim citizens. It outlines the formal requirements for drafting a will, such as the need for written documentation and the involvement of  witnesses. The Civil Code also regulates inheritance rights, including the distribution of assets and the protection of legitimate heirs.
  2. 1974 Marriage Law (Law No. 1 of 1974). This law indirectly affects wills by defining marital property rights. It distinguishes between joint marital property (harta bersama) and individual property (harta bawaan). A will can only dispose of the testator's share of joint property, ensuring the spouse's rights are protected. The law also emphasizes the importance of family consent in certain inheritance matters.
  3. 2006 Administrative Population Law (Law No. 23 of 2006, amended by Law No. 24 of 2013).  This law governs the registration of vital records, including wills. Proper registration helps prevent disputes over inheritance and confirms the authenticity of the document. These laws collectively ensure that wills in Indonesia are legally binding, respect the rights of heirs, and align with the country's legal and cultural norms.

The Emotional and Financial Toll

Let’s be real! Losing a loved one is already hard enough. The last thing anyone needs during such a difficult time is to deal with legal battles and family arguments. But that’s exactly what happens in many intestacy cases. The process of dividing assets can drag on for months or even years, leaving families in limbo.

On top of that, there are financial costs to consider. Hiring lawyers, paying court fees, and managing the estate can quickly add up. For families who are already struggling emotionally, these additional burdens can feel overwhelming. And let’s not forget the impact on relationships. Disputes over inheritance can create rifts that may never heal.

Why Don’t More People Write Wills?

If having a will can solve so many problems, why don’t more people in Indonesia write one? It’s a good question, and the answer isn’t as simple as you might think. For starters, there’s a cultural aspect to consider. Talking about death is often seen as taboo, and many people avoid the topic altogether. It’s uncomfortable, and let’s face it, no one likes to think about their own mortality.

There’s also a lack of awareness. Many people don’t realize how important a will is until it’s too late. They might assume that their assets will automatically go to their spouse or children, not knowing that the law might have other plans. And then there’s the misconception that writing a will is only for the wealthy. In reality, anyone who owns property, has savings, or even personal belongings they care about should consider creating one.

How a Last Will Can Make a Difference

Now, let’s talk about the solution: a last will. Writing a will is one of the simplest and most effective ways to ensure that your assets are distributed according to your wishes. It’s like leaving a roadmap for your loved ones, so they don’t have to guess what you wanted.

In Indonesia, creating a will is becoming more accessible, thanks to legal professionals like Wijaya & Co. that guide you through the process. You can specify who gets what, appoint an executor to manage your estate, and even include special instructions, like donating to charity.

The best part? You get peace of mind knowing that your loved ones won’t have to deal with unnecessary stress when you’re gone.

What You Can Do

If you’re reading this and thinking, “I should probably write a will,” you’re not alone. It’s never too early to start planning, and the process is easier than you might think. Here are a few steps to get you started:

  1. Take Inventory of Your Assets. Make a list of everything you own: property, savings, investments, and personal belongings.
  2. Decide Who Gets What. Think about how you want your assets to be distributed. Talk to your family if needed to ensure everyone is on the same page.
  3. Consult a Legal Professional. A lawyer at Wijaya & Co. can help you draft a will that complies with Indonesian law and ensures your wishes are carried out.
  4. Keep It Updated. Life changes, and so should your will. Review it regularly to make sure it still reflects your current situation.

By taking these steps, you’re not just protecting your assets. You’re protecting your family from unnecessary stress and conflict. And that’s a gift that’s truly priceless.

A Better Future for Asset Distribution

You and I both know that change doesn’t happen overnight, but every small step counts. By encouraging more people to write wills, we can create a future where asset distribution is fair, efficient, and respectful of individual wishes. No more family disputes, no more legal headaches. Just a clear plan that honors the legacy of the person who passed away.

So, let’s start the conversation. Talk to your loved ones about the importance of estate planning. Share this article with friends who might need a little nudge. Together, we can make a difference and ensure that no one has to struggle with the challenges of intestacy ever again.

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

08/05/2025 - 01:06
Protection Order a.k.a. Restraining Order in Indonesia: A Key Part of the Legal System Addressing Domestic Violence

Protection Order a.k.a. Restraining Order in Indonesia: A Key Part of the Legal System Addressing Domestic Violence

You and I both know that domestic violence is a serious issue that affects countless individuals and families. It’s not just a private matter, it’s a crime that can have devastating physical, emotional, and psychological consequences. 

In Indonesia, the government has taken significant steps to address this problem through the enactment of Law No. 23 of 2004 on the Elimination of Domestic Violence, commonly referred to as UU KDRT (Undang-Undang Kekerasan Dalam Rumah Tangga). One of the critical tools provided under this law is the protection order, also known as a restraining order. 

Let’s take a closer look at what this means, how it works, and why it’s so important for victims of domestic violence.

What Is a Protection Order?

A protection order is a legal mechanism designed to safeguard victims of domestic violence from further harm. It’s essentially a court-issued directive that restricts the abuser’s actions and movements. For example, the order might prohibit the abuser from contacting the victim, approaching their home, or even being in the same vicinity as them. This gives the victim a sense of safety and space to recover, both physically and emotionally.

Under UU KDRT, protection orders are specifically aimed at preventing further violence and ensuring the victim’s well-being. They’re not just about punishment. They’re about protection and prevention. You and I can agree that this proactive approach is crucial when dealing with such a sensitive and urgent issue.

Types of Protection Orders in Indonesia

In Indonesia, protection orders under UU KDRT can be divided into several types, depending on the situation and the level of threat faced by the victim. 

Here’s a quick breakdown:

Temporary Protection Order (TPO)

This is an immediate, short-term order issued to provide urgent protection. It’s often granted while the court is still processing the case. For example, if someone is in immediate danger, they can request a TPO to ensure their safety until a more permanent solution is in place.

Permanent Protection Order (PPO)

Once the court has reviewed the case and determined that ongoing protection is necessary, it can issue a PPO. This type of order typically lasts longer and includes more detailed restrictions on the abuser’s behavior.

Emergency Protection Order (EPO)

In cases where the victim’s life is in immediate danger, an EPO can be issued quickly, even without a full court hearing. This ensures that the victim is protected without delay.

Each of these orders is tailored to the specific needs of the victim, ensuring that the legal system provides the right level of protection at the right time.

How to Obtain a Protection Order

If you or someone you know is experiencing domestic violence, obtaining a protection order might feel like a daunting process. But don’t worry, the system is designed to help victims, not overwhelm them. 

Here’s a step-by-step guide to how it works:

Report the Violence

The first step is to report the incident to the police or a local women’s crisis center. This is crucial because it creates an official record of the abuse, which can be used as evidence in court.

File a Request for a Protection Order

Once the violence has been reported, the victim (or their legal representative) can file a formal request for a protection order. This request is submitted to the court and includes details about the abuse and the type of protection needed.

Court Review

The court will review the request and may hold a hearing to gather more information. In urgent cases, a temporary or emergency order can be issued immediately, without waiting for a full hearing.

Issuance of the Order

If the court finds that the victim is at risk, it will issue the appropriate protection order. This order is legally binding, meaning the abuser must comply with its terms—or face serious legal consequences.

Why Protection Orders Matter

You and I can probably agree that protection orders are more than just pieces of paper. They’re lifelines for victims of domestic violence. 

Here’s why they’re so important:

  1. Immediate Safety. Protection orders provide a quick and effective way to shield victims from further harm. They create a physical and legal barrier between the victim and the abuser.
  2. Empowerment. For many victims, taking legal action is an empowering step toward reclaiming their lives. It sends a clear message that abuse is unacceptable and that they have the right to live free from fear.
  3. Prevention of Escalation. Domestic violence often escalates over time. By intervening early with a protection order, the legal system can help prevent more severe violence, or even save lives.
  4. Support for Recovery. Knowing that they’re legally protected can give victims the peace of mind they need to focus on healing and rebuilding their lives.

Challenges and Limitations

Of course, no system is perfect, and protection orders are no exception. In Indonesia, there are still some challenges that need to be addressed to make these orders more effective.For example:

  1. Awareness. Many people, especially in rural areas, are not aware of their rights under UU KDRT. They may not know that protection orders exist or how to obtain them.
  2. Enforcement. While protection orders are legally binding, enforcing them can be difficult, especially in cases where the abuser is determined to ignore the law.
  3. Stigma. Cultural and social stigma around domestic violence can discourage victims from seeking help. You and I both know how important it is to break this cycle of silence and shame.

The Role of Society

You and I have a role to play in supporting victims of domestic violence and promoting the use of protection orders. 

Here are a few ways we can help:

  1. Spread Awareness. Talk about UU KDRT and the availability of protection orders. The more people know about these resources, the more likely they are to use them.
  2. Support Victims. If someone confides in you about domestic violence, listen without judgment and encourage them to seek help. Let them know they’re not alone.
  3. Advocate for Change. Push for better enforcement of protection orders and more resources for victims. This could include funding for shelters, counseling services, and legal aid.

Closing Remarks

Domestic violence is a complex and deeply personal issue, but it’s also a public concern that requires a strong legal response. Protection orders under UU KDRT are a vital part of Indonesia’s efforts to combat this problem. They provide immediate safety, empower victims, and help prevent further violence.

You and I can make a difference by raising awareness, supporting victims, and advocating for a more effective system. Together, we can help create a society where everyone feels safe and valued, because no one deserves to live in fear.

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

28/04/2025 - 01:06
The Court-Approved Last Will and Testament: The Inheritance Law Products in Indonesia You and Your Heirs Need

The Court-Approved Last Will and Testament: The Inheritance Law Products in Indonesia You and Your Heirs Need

Hey there! Asep Wijaya here.

So, you're thinking about the future, huh? That's smart. It's never too early to start planning for what happens to your stuff when you’re not around anymore. In Indonesia, making sure your last wishes are honored involves a bit of legal magic.

Let's dive into the world of last wills and testaments, and see how you can make sure your heirs get what you want them to have.

The Legal Grounds

First things first, let's talk about the legal stuff. In Indonesia, the foundation for inheritance laws is found in several key pieces of legislation. The Civil Code, for instance, lays out the basic rules for making a will. Articles 875 to 914 of the Civil Code are your go-to sections for understanding how wills work. They cover everything from who can make a will to how it should be executed.

For those of you who follow Islamic law, the Compilation of Islamic Law (Kompilasi Hukum Islam) is crucial. This set of laws provides guidelines for inheritance that align with Islamic principles, ensuring that your will respects your religious beliefs.

Then there's the 2006 Administration of Population Law. This law might sound like it's all about census data, but it actually plays a role in inheritance too. It ensures that all the necessary documents, like birth and death certificates, are in order. These documents are essential when it comes time to distribute your assets.

Finally, we have Indonesia’s Civil Procedures Law. This law is like the referee in a soccer match, making sure everything is fair and square. It outlines the procedures for court cases, including those involving wills and inheritance disputes.

Making It Court-Approved

Now, you might be wondering, "Why do I need a court to approve my will?" Great question! Having a court-approved will means that a district court has reviewed your document and given it the official thumbs up. This approval can be a lifesaver (or, more accurately, a will-saver) if any of your heirs decide to contest your wishes.

Imagine this: You've left your prized collection of vintage comic books to your favorite nephew, but your cousin thinks they deserve them instead. With a court-approved will, your nephew can confidently say, "Sorry, cousin, but the court says these are mine!"

To get your will court-approved, you’ll need to submit it to the district court in your area. The court will check to make sure everything is in order, like ensuring you were of sound mind when you made the will and that it doesn’t violate any laws. Once the court gives its approval, your will is as solid as a rock. It may require a little bit of twists and turns, but having experienced lawyers like Wijaya & Co will help you stay on the right course.

The Power of a Court Order

A court order backing up your will is like having a superhero on your side. It makes it much harder for anyone to challenge your wishes. If someone does try to contest your will, the court order serves as strong evidence that your will is valid and should be followed.

Here's how it works: Let's say one of your heirs isn’t happy with their share and decides to take the matter to court. With a court-approved will, the judge can look at the existing court order and say, "Sorry, but this will has already been approved. Case closed."

This doesn’t mean that a court-approved will is completely immune to challenges. However, it does make it significantly more difficult for anyone to successfully contest it. The court order acts as a shield, protecting your wishes and ensuring your heirs receive what you intended.

Why You and Your Heirs Need This

So, why go through all this trouble? Well, having a court-approved will gives you peace of mind. You can rest easy knowing that your assets will be distributed according to your wishes, without any unnecessary drama.

For your heirs, it means less stress and fewer legal battles. They can focus on remembering you and celebrating your life, rather than fighting over who gets what. Plus, it saves them time and money that would otherwise be spent on legal fees.

In Indonesia, where family ties are strong and inheritance disputes can get messy, having a clear and court-approved will is a smart move. It ensures that your legacy is honored and that your loved ones are taken care of.

Wrapping It Up

In conclusion, a court-approved last will and testament is an essential tool for anyone in Indonesia looking to secure their legacy. By understanding the legal grounds and taking the necessary steps to get your will approved by a district court, you can ensure that your wishes are respected and your heirs are protected.

So, what are you waiting for? Start planning today and give yourself and your heirs the gift of peace of mind. After all, you’ve worked hard for what you have, make sure it goes to the people you love.

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

26/04/2025 - 01:06
Non-Disclosure Agreements

Non-Disclosure Agreements

Board of Directors and Board of Commissioners: The Two-Tier Board System that Protects and Promote the Long-term Success of Companies in Indonesia

Board of Directors and Board of Commissioners: The Two-Tier Board System that Protects and Promote the Long-term Success of Companies in Indonesia

In Indonesia, companies operate under a two-tier board system, a structure that separates the management and supervisory functions within a company. 

This system is rooted in the 2007 Company Law, which outlines the roles and responsibilities of the Board of Directors and the Board of Commissioners. 

In this post, I want to explore  how this system works and why it's important for companies in Indonesia.

Understanding the Two-Tier Board System

The two-tier board system consists of two main bodies: the Board of Directors and the Board of Commissioners. Each has distinct roles that contribute to the company's governance and overall success.

Board of Directors

First up, we have the Board of Directors. 

These folks are like the engine of the company. They're responsible for the day-to-day operations and making sure everything runs like a well-oiled machine. You and I know how important it is to have someone keeping an eye on things, right? The directors are usually chosen by the shareholders, and their job is to act in the best interest of the company.

The Board of Directors makes decisions about the company's operations, implements strategies, and ensures that the company is moving in the right direction. They're the ones who get their hands dirty, so to speak, and make sure the company is on track to meet its goals.

Key responsibilities of the Board of Directors include:

  1. Developing and executing business strategies
  2. Managing company resources effectively
  3. Ensuring compliance with laws and regulations
  4. Reporting to the Board of Commissioners on company performance

Board of Commissioners

Now, let's talk about the Board of Commissioners. 

If the Board of Directors is the engine, then the Board of Commissioners is like the GPS. They provide oversight and guidance to make sure the company is headed in the right direction. The commissioners are there to supervise the directors and ensure that everything is being done according to the rules and regulations. Commissioners are also appointed by shareholders and are tasked with protecting their interests.

In Indonesia, the Board of Commissioners has a unique role. They're not involved in the day-to-day operations, but they have the power to influence the company's direction by providing advice and recommendations. It's like having a wise friend who gives you advice when you need it.

Key responsibilities of the Board of Commissioners include:

  1. Monitoring the performance of the Board of Directors
  2. Reviewing financial statements and reports
  3. Providing advice and guidance to the Board of Directors
  4. Ensuring compliance with corporate governance standards

The 2007 Company Law

You might be wondering how the 2007 Company Law fits into all of this. 

Well, this law is like the rulebook for companies in Indonesia. It sets out the guidelines for how companies should be structured and how the boards should operate. The law ensures that both the Board of Directors and the Board of Commissioners have clear roles and responsibilities.

The 2007 Company Law in Indonesia provides the legal framework for the two-tier board system. It outlines the roles, responsibilities, and powers of both the Board of Directors and the Board of Commissioners. This law aims to promote transparency, accountability, and good corporate governance.

The 2007 Company Law is important because it helps maintain a balance of power within the company. It ensures that no single group has too much control and that there is a system of checks and balances in place. This way, the company can operate fairly and transparently.

Key Provisions

Now that we've covered the basics, let's talk about why this two-tier system is so important. You see, having two separate boards helps prevent conflicts of interest. It ensures that the people making the day-to-day decisions are being supervised by another group that can provide an objective perspective.

This system also encourages accountability. The Board of Directors knows that their actions are being monitored by the Board of Commissioners, which motivates them to act in the best interest of the company. It's like having a safety net that ensures everyone is doing their part.

The following are the key provisions that can be retrieved from the 2007 Company Law: 

  1. Separation of Powers. The law clearly separates the roles of the Board of Directors and the Board of Commissioners. This separation ensures that no single body has complete control over the company, promoting checks and balances.
  2. Appointment and Removal.  Shareholders have the power to appoint and remove members of both boards. This ensures that the boards are accountable to the shareholders and act in their best interests.
  3. Fiduciary Duties. Both boards have fiduciary duties to the company and its shareholders. They must act in good faith, with due care, and in the best interest of the company.
  4. Reporting and Accountability. The Board of Directors is required to report regularly to the Board of Commissioners. This ensures transparency and allows the Commissioners to effectively supervise the company's management.

Benefits of the Two-Tier Board System

The two-tier board system offers several benefits for companies in Indonesia:

  1. Enhanced Oversight.  With a separate supervisory board, companies benefit from enhanced oversight and accountability. The Board of Commissioners can provide an independent perspective on the company's management and operations.
  2. Clear Roles and Responsibilities. The separation of management and supervisory functions ensures that each board can focus on its specific duties. This clarity helps prevent conflicts of interest and promotes efficient decision-making.
  3. Improved Corporate Governance. The two-tier system aligns with international corporate governance standards, enhancing the company's reputation and attractiveness to investors.
  4. Protection of Shareholder Interests. By having a dedicated supervisory board, shareholders can be assured that their interests are being protected and that the company is being managed responsibly.

Challenges and Considerations

Of course, no system is perfect, and the two-tier board system has its challenges. One of the main issues is communication. With two separate boards, it's crucial that they communicate effectively to ensure that everyone is on the same page. Miscommunication can lead to misunderstandings and inefficiencies.

Another challenge is ensuring that the Board of Commissioners has the right mix of skills and expertise. They need to be able to provide valuable insights and guidance to the Board of Directors. This means that companies need to be thoughtful about who they appoint as commissioners.

While the two-tier board system offers many advantages, it also presents some challenges:

  1. Communication and Coordination. Effective communication between the Board of Directors and the Board of Commissioners is crucial. Without it, there can be misunderstandings and inefficiencies.
  2. Potential for Conflict. Differences in opinions between the two boards can lead to conflicts. It's important for both boards to work collaboratively and maintain a constructive relationship.
  3. Regulatory Compliance. Companies must ensure compliance with the 2007 Company Law and other relevant regulations. This requires a thorough understanding of the legal framework and ongoing monitoring.

Closing Thoughts

The two-tier board system in Indonesia, as outlined in the 2007 Company Law, provides a robust framework for corporate governance. By separating the management and supervisory functions, companies can benefit from enhanced oversight, clear roles, and improved governance practices. While there are challenges to navigate, the system ultimately aims to protect shareholder interests and promote the long-term success of companies in Indonesia.

Understanding and implementing this system effectively can help companies thrive in the competitive business landscape, ensuring they remain accountable, transparent, and aligned with the best interests of their stakeholders.

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

18/04/2025 - 01:06
Civil Code in Indonesia Exposed: Inheritance Law to Nail How Bad Dying Without a Will Is

Civil Code in Indonesia Exposed: Inheritance Law to Nail How Bad Dying Without a Will Is

Let’s have a heart-to-heart, you and I. 

Have you ever thought about what happens to your belongings if you were to pass away without leaving a will? It’s not exactly a fun topic to dwell on, but it’s one of those things we can’t afford to ignore. 

In Indonesia, the Civil Code steps in when someone dies intestate (without a will). While it’s meant to provide a framework for distributing assets, it often creates more problems than it solves. 

Let’s explore further into why dying without a will can be a recipe for chaos and heartbreak.

The Civil Code: A Double-Edged Sword

The Civil Code in Indonesia is like an old rulebook that’s been around since the Dutch colonial era. It’s the go-to guide for inheritance matters when there’s no will. Sounds like a lifesaver, right? Well, not quite. The Civil Code has its own set of rules for dividing assets among heirs, but it doesn’t take into account the unique dynamics of your family or your personal wishes.

Here’s how it works: If you die without a will, your assets are divided among your closest relatives according to a strict hierarchy. First in line are your spouse and children. If you don’t have kids, your parents and siblings step in. And if they’re not around, the government might even claim your estate. It’s like a game of musical chairs, but with your life’s work on the line.

The problem? The Civil Code doesn’t know your family like you do. It doesn’t care that your niece has been your rock through tough times or that your best friend deserves a token of your appreciation. It’s all about following the rules, even if those rules don’t make sense for your situation. 

The Emotional Toll on Families

Let’s get real for a moment!

Losing a loved one is hard enough without the added stress of inheritance disputes. When there’s no will, families often find themselves at odds over who gets what. Imagine siblings who were once close now arguing over the family home, or a stepchild feeling left out entirely because the law doesn’t recognize their bond with you.

Without a will, the Civil Code becomes the referee in these disputes, and trust me, it’s not always a fair one. The rigid rules can lead to misunderstandings, resentment, and even legal battles that drag on for years. 

Is that the legacy you want to leave behind?

The Financial Fallout

Here’s another kicker: Dying without a will can have serious financial consequences for your heirs. Inheritance taxes and legal fees can eat into the value of your estate, leaving your loved ones with less than you intended. The Civil Code doesn’t account for tax-efficient strategies or special bequests, which means your assets might not be distributed in the most financially savvy way.

For example, let’s say you wanted to leave a portion of your estate to a charity or a close friend. Without a will, those wishes can’t be honored, and your assets will be divided strictly according to the Civil Code. It’s like leaving money on the table, and nobody wants that.

The Role of Religion in Inheritance Law

In Indonesia, the majority of the population is Muslim, which means the Islamic Compilation Law often comes into play alongside the Civil Code. This law provides specific guidelines for dividing assets among heirs based on Islamic principles. Sons typically receive twice the share of daughters, and other relatives may also have a claim.

While the Islamic Compilation Law aims to ensure fairness according to religious teachings, it can sometimes clash with the Civil Code, creating confusion and conflict. Families may find themselves caught between two legal systems, each with its own set of rules and priorities.

Why Writing a Will Is a Game-Changer

Now that we’ve painted a picture of the chaos that can ensue without a will, let’s talk about the solution. Writing a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. It’s not as scary as it sounds, and the peace of mind it brings is priceless.

Here’s how you can get started:

  1. Take Inventory. Make a list of your assets, including property, savings, and personal belongings. Don’t forget sentimental items that hold special meaning for your loved ones.
  2.  Decide on Beneficiaries. Think about who you want to inherit your assets. This could include family members, friends, or even charitable organizations.
  3.  Consult a Professional. A lawyer, like Wijaya & Co.  in Indonesia, can help you draft a will that complies with Indonesian law and reflects your wishes. They can also advise you on tax-efficient strategies and other legal considerations.
  4. Keep It Updated. Life is full of changes, so make sure to review and update your will regularly. Whether it’s a new addition to the family or a change in your financial situation, keeping your will current is key.

Your Legacy, Your Choice

At the end of the day, your legacy is about more than just material possessions. It’s about the love and care you show for the people who matter most to you. By taking the time to write a will, you’re giving your loved ones the gift of clarity and peace of mind. You’re ensuring that your story ends on your terms, not the Civil Code’s.

So, let’s make a pact, you and I. Let’s not leave our legacies to chance. Let’s take control of our futures and show our loved ones just how much we care. Because when it comes to inheritance, a little planning goes a long way.

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

08/04/2025 - 08:08
The Surprising Story of Child Legalization in Indonesia

The Surprising Story of Child Legalization in Indonesia

You and I might not think about child legalization every day, but in Indonesia, it's a topic that has seen significant changes over the years.

Let's discuss this fascinating topic together.

The 1974 Marriage Law

First, let's go back to the 1974 Marriage Law.

This law laid the groundwork for family and marriage regulations in Indonesia. It was a big deal because it aimed to unify various marriage practices across the country. One of its key aspects was the legal recognition of children. According to this law, a child born within a legal marriage is automatically recognized as legitimate. However, children born outside of marriage faced challenges in gaining legal status.

This law was crucial because it set the stage for how children were viewed legally. It emphasized the importance of marriage in determining a child's legitimacy. But as you and I know, life isn't always so straightforward, and not every child is born into a legally recognized marriage.

Breakthrough Verdict from the Constitutional Court

Fast forward to a groundbreaking moment in 2012 when the Constitutional Court of Indonesia made a significant decision. This verdict was a game-changer. The court ruled that children born outside of marriage have the right to civil recognition. This decision was monumental because it acknowledged the rights of these children to have legal status and access to their father's name and inheritance.

Imagine the relief for many families! This verdict meant that children who were previously considered illegitimate could now be recognized by law. It was a step towards equality and fairness, ensuring that all children, regardless of their parents' marital status, had the same legal rights.

Child Protection Law

Now, let's talk about the Child Protection Law.

This law is all about ensuring the rights and welfare of children in Indonesia. It emphasizes that every child has the right to grow up in a safe and nurturing environment. The law also highlights the importance of legal recognition for children, which is crucial for their access to education, healthcare, and other essential services.

You and I can agree that protecting children's rights is vital for their development and well-being. The Child Protection Law reinforces this by ensuring that all children, regardless of their background, have the same opportunities and protections under the law.

The Impact of Legal Changes

These legal changes have had a profound impact on Indonesian society.

By recognizing the rights of children born outside of marriage, the country has taken a significant step towards inclusivity and equality. Families who previously faced stigma and legal challenges now have the opportunity to provide their children with a secure future.

Moreover, these changes have encouraged a broader conversation about the importance of child rights and protection. You and I know that society benefits when all its members, especially the youngest ones, are given the chance to thrive.

Challenges and Future Directions

While these legal advancements are commendable, challenges remain. Implementing these laws across a diverse and vast country like Indonesia is no small feat. There are still areas where traditional beliefs and practices may conflict with modern legal standards.

However, the progress made so far is promising. As more people become aware of these legal rights, there's hope for continued improvement. You and I can look forward to a future where every child in Indonesia is recognized and protected by law.

Closing Arguments

The story of child legalization in Indonesia is one of progress and hope. From the foundational 1974 Marriage Law to the groundbreaking Constitutional Court verdict and the comprehensive Child Protection Law, Indonesia has made significant strides in ensuring the rights of all children.

As we reflect on these changes, it's clear that legal recognition is more than just a formality. It's about giving every child the chance to succeed and be a valued member of society. You and I can celebrate these advancements and continue to support efforts that promote equality and justice for all children in Indonesia.

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

03/04/2025 - 01:06
The Out of Wedlock Child Becomes The Legitimate One: Thanks to Child Legalization in Indonesia

The Out of Wedlock Child Becomes The Legitimate One: Thanks to Child Legalization in Indonesia

You and I both know that family is the cornerstone of society. In Indonesia, the concept of family is deeply rooted in tradition and law. 

However, what happens when a child is born out of wedlock? For a long time, these children faced legal challenges. But thanks to recent changes in Indonesian law, they now have a path to legitimacy.

Understanding the Legal Landscape

Let's start with the basics. 

First, let's talk about the amended 1974 Marriage Law. Now, I know what you're thinking: "Asep, laws are boring!" But trust me, this one's important. 

The 1974 Marriage Law was like that old pair of jeans you just couldn't let go of, even though they were a bit outdated. It laid the groundwork for marriage and family life in Indonesia, but it didn't quite cover all the bases when it came to children born out of wedlock.

The 1974 Marriage Law in Indonesia was the foundation for family law. It defined marriage as a legal bond between a man and a woman. Children born within this bond were considered legitimate. But what about those born outside of it? Unfortunately, they were often left in a legal gray area.

Enter the Constitutional Court, our legal superhero. In 2010, the court swooped in with a verdict that changed everything. They decided that children born out of wedlock have the right to be recognized by their biological fathers. The Constitutional Court of Indonesia made a landmark decision. It ruled that children born out of wedlock should have civil rights, including the right to know their biological parents. 

This was a game-changer, like when you finally find the missing piece of a puzzle. The court's decision was based on the principle that every child deserves to know their parents and have a legal relationship with them. This was a significant step forward, but it wasn't the end of the journey.

The Role of the Constitutional Court

You might wonder why the Constitutional Court's decision was so important. 

Well, it challenged the traditional view that only children born within a legal marriage could be considered legitimate. The court recognized that every child has the right to protection and care, regardless of their parents' marital status.

This decision was a game-changer. It paved the way for further legal reforms, ensuring that all children could enjoy the same rights and protections.

Child Protection Law: A Shield for Every Child

In addition to the Constitutional Court's ruling, the Child Protection Law plays a crucial role. This law emphasizes the importance of protecting children's rights, including their right to a name, nationality, and family care. It reinforces the idea that every child deserves a safe and nurturing environment. 

This law is like the cherry on top of our legal sundae. It ensures that all children, regardless of their birth circumstances, are protected and have their rights upheld. It's like having a safety net that catches you when you stumble.

The Child Protection Law also highlights the responsibility of parents and the state to ensure children's welfare. It underscores the need for legal mechanisms that support children born out of wedlock, helping them gain access to the same rights as their peers.

Legalization of Children: A Path to Legitimacy

Now, you might be wondering, "How does this all work?" 

Well, it's a bit like baking a cake. You need the right ingredients, and in this case, those ingredients are the legal grounds provided by the court's verdict. Once you've got those, you can start the process of child legalization. It's not as simple as waving a magic wand, but with the right paperwork and a little patience, it can be done.

The proceeding, it's not as simple as you might think. You and I  can apply for child legalization through the court. Once approved, the child is granted the same legal status as those born within a marriage.

This process is not just a legal formality. It's a recognition of the child's identity and rights. It ensures they have access to inheritance, education, and healthcare, just like any other child.

The Impact on Society

You and I can agree that these legal changes have a profound impact on society. By recognizing the rights of children born out of wedlock, Indonesia is taking a significant step towards equality and justice. It sends a powerful message that every child matters, regardless of their circumstances at birth.

This shift in perspective also encourages parents to take responsibility for their children. It promotes a culture of acceptance and understanding, where all children are valued and protected.

Challenges and the Road Ahead

This change in the law has had a profound impact on families across Indonesia. Imagine the relief and joy of parents who can now provide their children with the legal recognition they deserve. It's like a weight lifted off their shoulders, allowing them to focus on what truly matters—raising happy, healthy kids.

But let's not forget the kids themselves. For them, this legal change means they can grow up without the stigma of being "illegitimate." They can dream big, knowing they have the same opportunities as their peers. It's like opening a door to a world of possibilities, and you and I both know how important that is.

Of course, no story is complete without a few challenges. Implementing these legal changes isn't always smooth sailing. There are still hurdles to overcome, like ensuring that everyone is aware of the new laws and how to navigate the legalization process. But with time and effort, these challenges can be overcome.

In the end, the journey from being an out-of-wedlock child to a legitimate one in Indonesia is a testament to the power of legal reform. It's a story of hope, progress, and the belief that every child deserves a fair shot at life. You and I can celebrate this positive change, knowing that it's making a real difference in the lives of countless families.

Closing Remarks

So, what does all this mean for you and me? 

Well, it means that children born out of wedlock in Indonesia now have the chance to be recognized as legitimate children. They can enjoy the same rights and privileges as any other child, including inheritance rights and the ability to carry their father's name. It's a win-win situation, like finding out your favorite ice cream is on sale.

The legalization of children born out of wedlock in Indonesia is a testament to the country's commitment to children's rights. Thanks to the 1974 Marriage Law amendments, the Constitutional Court's verdict, and the Child Protection Law, these children now have a path to legitimacy.

You and I can celebrate this progress, knowing that it brings us closer to a society where every child is recognized and valued. As we move forward, let's continue to advocate for the rights of all children, ensuring they have the opportunity to thrive and succeed.

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

27/03/2025 - 01:06
Build Your Foreign Company in Indonesia: Red Tape Missing and Shareholders Activism on Fire After 2023 Jobs Creation Law (UU Cipta Kerja)

Build Your Foreign Company in Indonesia: Red Tape Missing and Shareholders Activism on Fire After 2023 Jobs Creation Law (UU Cipta Kerja)

If you have always dreamed of expanding your business horizons, Indonesia, with its vibrant market and growing economy, seems like the perfect place. 

But let's be honest, the thought of navigating through the infamous red tape has been daunting. 

However, with the 2023 Jobs Creation Law, or UU Cipta Kerja, things have taken a turn for the better. This law has not only streamlined processes but also ignited a wave of shareholder activism that's reshaping the business landscape.

Simplifying the Red Tape

Before the 2023 Jobs Creation Law, setting up a foreign company in Indonesia was like trying to solve a complex puzzle. You needed to get through layers of bureaucracy, and each step felt like a test of patience. But now, things are different. The law has cut down on unnecessary procedures, making it easier for you and me to set up shop.

The government has introduced a new system, which is a game-changer based on the law. It reduces the need for endless paperwork and visits to various government offices. This system is designed to be user-friendly, and it feels like a breath of fresh air compared to the old ways.

Attracting Foreign Investment

With the red tape reduced, Indonesia is now more attractive to foreign investors like you. The Jobs Creation Law has opened up more sectors for foreign ownership, giving you more opportunities to invest and grow. This move is part of Indonesia's strategy to boost its economy by attracting more foreign capital.

You can now own a larger share in sectors that were previously restricted. This means we have more control over your investments and can make decisions that align with your business goals. It's an exciting time to be a foreign investor in Indonesia, and the potential for growth is immense.

Shareholder Activism on the Rise

While the 2023 Jobs Creation Law has made it easier for us to invest, it has also sparked a wave of shareholder activism. You might wonder what this means for investors. Well, shareholder activism is when investors like you take an active role in influencing a company's decisions. It's about ensuring that your voices are heard and that your investments are protected.

In Indonesia, this activism is gaining momentum. Shareholders are becoming more vocal about their rights and are pushing for greater transparency and accountability from companies. This shift is creating a more dynamic business environment where companies are held accountable for their actions.

Embracing the Change

As foreign investors, you need to embrace this change. Shareholder activism can be a powerful tool for ensuring that your investments are managed responsibly. By actively participating in shareholder meetings and engaging with company management, you can influence decisions that impact your investments.

Moreover, this activism encourages companies to adopt better governance practices, which ultimately benefits you as investors. It's a win-win situation where companies become more transparent, and you gain more confidence in your investments.

Challenges and Opportunities

Of course, with every change comes challenges. The rise of shareholder activism means that companies may face increased scrutiny, and this could lead to conflicts. However, it's important for you to view these challenges as opportunities.

By engaging with companies and other shareholders, you can work towards solutions that benefit everyone involved. It's about finding common ground and ensuring that your investments are aligned with your values and goals.

The Future Looks Bright

The 2023 Jobs Creation Law has set the stage for a brighter future for foreign investors in Indonesia. With the red tape reduced and shareholder activism on the rise, the business landscape is evolving in exciting ways. You have the chance to be part of this transformation and make a meaningful impact.

As you navigate this new landscape, it's important to stay informed and engaged. By doing so, you can seize the opportunities that come your way and build successful businesses in Indonesia. The future looks bright, and together, you can make your mark in this dynamic market.

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

10/03/2025 - 09:09
Why You Should Open a Company in Indonesia

Why You Should Open a Company in Indonesia

Incorporating your company in Indonesia? Oh, buddy, let me tell you why that’s a fantastic idea! Grab a cup of coffee, sit back, and let’s dive into this exciting journey together.

First off, let’s talk about the legal nitty-gritty. I know, I know, legal stuff can be a snooze-fest, but hang in there with me. We’ve got the 2007 Company Law and the 2023 Jobs Creation Law to guide us. These laws are like your trusty GPS, steering you through the legal landscape of Indonesia.

2007 Company Law: Your Business BFF

The 2007 Company Law is like that reliable friend who always has your back. It lays down the framework for setting up a company in Indonesia. You and I both know that having a solid foundation is crucial, right? This law ensures that your company is built on rock-solid ground.

Here’s the deal: the law requires you to have at least two shareholders. Think of it as having a partner in life, someone to share the ups and downs with. Plus, it mandates a board of directors and a board of commissioners. These folks are like your business dream team, helping steer the ship in the right direction.

But wait, there’s more! The 2007 Company Law also makes sure your company is a separate legal entity. This means your personal assets are safe and sound, even if your business hits a rough patch. It’s like having a safety net, just in case you need it.

2023 Jobs Creation Law: The Game Changer

Now, let’s talk about the 2023 Jobs Creation Law. This law is like the cool new kid on the block, shaking things up and making life easier for businesses. It’s designed to simplify regulations and boost investment. Who doesn’t love a bit of simplification, right?

One of the best things about the Jobs Creation Law is that it cuts down on red tape. You know how frustrating it can be to deal with endless paperwork and bureaucracy. Well, this law slashes through all that, making it quicker and easier to get your business up and running.

The Jobs Creation Law also opens up more sectors to foreign investment. So, if you’re thinking about bringing your business to Indonesia, you’ve got more opportunities than ever before. It’s like being a kid in a candy store, with so many options to choose from.

Why Indonesia?

Okay, so we’ve covered the legal stuff. Now, let’s chat about why Indonesia is the place to be. First off, Indonesia is a vibrant, bustling country with a growing economy. It’s like a pot of gold at the end of the rainbow, just waiting for you to dive in.

The population is young and tech-savvy, which means there’s a huge market for innovative products and services. Plus, the government is super supportive of startups and entrepreneurs. It’s like having a cheerleader in your corner, rooting for your success.

And let’s not forget the strategic location. Indonesia is smack dab in the middle of Southeast Asia, making it a fantastic hub for expanding your business across the region. It’s like having a front-row seat to all the action.

The Fun Stuff: Culture and Lifestyle

Now, let’s talk about the fun stuff, culture and lifestyle. Indonesia is a melting pot of cultures, with a rich history and diverse traditions. It’s like a treasure trove of experiences, just waiting for you to explore.

The food? Oh, don’t even get me started on the food! From spicy rendang to sweet martabak, your taste buds are in for a treat. And the people? They’re some of the friendliest folks you’ll ever meet. It’s like being welcomed into a big, warm family.

Plus, Indonesia is home to some of the most stunning landscapes in the world. Whether you’re lounging on the beaches of Bali or hiking through the jungles of Sumatra, there’s always something breathtaking to see. It’s like living in a postcard.

Wrapping It Up

So, there you have it! 

Incorporating your company in Indonesia is not just a smart business move, but also an adventure waiting to happen. With the 2007 Company Law and 2023 Jobs Creation Law paving the way, you’ve got all the legal support you need. Plus, the vibrant culture, booming economy, and stunning landscapes make it a dream destination.

So, what do you say? Are you ready to take the plunge and start your business journey in Indonesia? I’ll be here, cheering you on every step of the way. Let’s make it happen!

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

08/03/2025 - 08:08
Page 5 of 18

Most Read

Featured Blogs

©2024 Wijaya & Co. All Rights Reserved