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Making Sense in the Indonesian Legal System

The legal system within Indonesia, the three most frequently used services in the lawful profession are provided by notaries (notaris), legal representatives (pengacara) and legal consultants (konsultan hukum).

A notary is necessary to hold a college degree in law (SH), a Masters Degree in Notarial Law followed by Integrity and Company mélange courses and one yr of practical instruction with a licensed notaris. Licenses to practice usually are issued by the Ministry of Justice. Notaris typically provide legal services, handle civil and commercial agreements/contracts, leases, deeds and company incorporation. Many notaris also hold PPAT licenses issued by the Ministry of Royaume which qualifies those to process transfers involving ownership of terrain titles.

A Best Indonesian Law Firm Litigation Corporate Divorce lawyer Jakarta is needed to hold a bachelors degree in law "SH" followed by the Advocacy training course and a period of practical learning a registered solicitor's office. Licenses to rehearse "SK" are granted by the regional Higher Court. Lawyers generally provide general legal services, handle criminal instances, breach of deal, immigration problems, lawsuits and representation from court.

The most common oversight I see investors making when seeking expert legal advice is they often go to a lawyer when they should be hiring a notaris, and visa versa. This is especially common with those of us from an Anglo-Saxon system where the function of a open public notary is to witness signatures and they are not required to have any lawful knowledge, often staying the local postman, hospitality management degree or publican. Inside the Indonesian system, the notaris is the most competent legal professional and the just one single who can execute commercial contracts on behalf of customers. Making an incorrect selection won't be fatal since you will probably end up in the correct office eventually but could waste precious time and money in the method.

Another misunderstanding comes about when foreigners are usually led to believe an individual with an SH is actually a qualified lawyer or perhaps notaris. SH means the person has a college degree in law and this does not qualify them to practice rules, no more than it would achieve this in Western places. To compound this kind of confusion, there are many dodgy institutions handing out YOU WILL NEED qualifications in Dalam negeri, just as there are suspicious over-the-counter qualifications accessible in Western countries or perhaps online these days.


Before employing the services of a legal representative or notaris, it is good practice to ask them to show you their SK licence. I guarantee you they will be thrilled to show off their particular qualifications as equally titles are considered to get high positions inside Indonesian society, just where only a few percent get third-level education. If they happen to be reluctant or hesitant to present you their particular credentials, then you better think again before hiring these people.

Try to find a lawyer or even notaris who echoes your language to a level you can understand. Under-going your local friend in whose English is "not so good" could be costly when coping with legal documents. Leaving your notary's workplace "thinking" you know what you agreed to/signed is a recipe for problem. Get all papers officially translated contracts.

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