Rabu, 23 September 2015

Producing Sense of the Indonesian Legal System

In terms of the legal system in Indonesia, the three most commonly used services in the legal profession are provided by simply notaries (notaris), legal representatives (pengacara) and legitimate consultants (konsultan hukum).

A notary is necessary to hold a bachelor's degree in regulation (SH), a Experts Degree in Notarial Law followed by Integrity and Company use courses and one season of practical training with a licensed notaris. Licenses to practice usually are issued by the Ministry of Justice. Notaris typically provide legal advice, handle civil together with commercial agreements/contracts, leases, deeds and corporation incorporation. Many notaris also hold PPAT licenses issued because of the Ministry of Royaume which qualifies them to process transfers involving ownership of area titles.



A Best Indonesian Law Firm Litigation Corporate Divorce lawyer Jakarta is necessary to hold a bachelors degree in legislation "SH" followed by an Advocacy training course as well as a period of practical learning a registered lawyer's office. Licenses to practice "SK" are released by the regional Substantial Court. Lawyers typically provide general legal advice, handle criminal conditions, breach of agreement, immigration problems, a lawsuit and representation in court.

The most common problem I see investors making when seeking specialist legal advice is they frequently go to a lawyer whenever they should be hiring a notaris, and visa versa. This is especially common with those of us from an Anglo-Saxon system in which the function of a general public notary is to witness signatures and they are not required to have any legal knowledge, often currently being the local postman, hospitality management degree or publican. Within the Indonesian system, a new notaris is the most qualified legal professional and the only 1 who can execute industrial contracts on behalf of clients. Making an incorrect option won't be fatal since you will probably end up in the right office eventually nevertheless could waste time and money in the procedure.

Another misunderstanding arises when foreigners usually are led to believe someone with an SH is really a qualified lawyer or perhaps notaris. SH signifies the person has a bachelors degree in law and this does not qualify them to practice rules, no more than it would achieve this in Western nations around the world. To compound this confusion, there are many counterfeit institutions handing out YOU WILL NEED qualifications in Philippines, just as there are suspicious over-the-counter qualifications accessible in Western countries or perhaps online these days.

Just before employing the services of a legal representative or notaris, it is good practice to ask them to show you their SK licence. I ensure you they will be happy to show off their particular qualifications as each titles are considered to get high positions in Indonesian society, just where only a few percent have third-level education. Credit rating reluctant or hesitant to present you his or her credentials, then think again before hiring them.

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

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