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Indonesia Legal Questions answered by Lawyers
Browse our 48 legal questions in Indonesia and read the lawyer answers, or ask your own questions for free.
- Sertifikat Tanah
- Bagaimana cara menganti nama pada sertifikat surat keterangan tanah (yg sudah meninggal) dengan nama ahli waris (dalam surat) yang masih hidup...? mohon informasi & saran nya Terimakasih
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Lawyer answer by TNC & FRIENDS LAW FIRM
Langkah-Langkah Proses Balik Nama Pembuatan Surat Keterangan Ahli Waris (SKW) Ajukan pembuatan SKW ke kantor kelurahan/desa setempat dengan melampirkan Surat Kematian, KTP/KK seluruh ahli waris, dan Buku Nikah orang tua/pewaris. Pengurusan Pajak BPHTB Waris Hitung dan bayarkan BPHTB Waris di...
Read full answer - Negosiasi Pinjaman Online
- apakah negosiasi ke aplikasi pinjaman online memerlukan pengacara yang dilakukan oleh konsultan pengguna korban pinjaman online yang bukan lembaga hukum?
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Lawyer answer by Kantor Hukum Yustisia Laksana
Tidak wajib pengacara untuk negosiasi ke aplikasi pinjaman online. Konsultan korban pinjaman online yang bukan lembaga hukum boleh mendampingi/negosiasi, asalkan ada kuasa tertulis dan tidak mengaku sebagai advokat atau beracara di pengadilan. Namun, untuk somasi resmi, mediasi OJK/LAPS SJK, atau...
Read full answer - Tentang perceraian
- Apakah sudah tidak harmonis dalam rumah tangga dan sering cekcok Terus sudah berpisah selama setahun bisa mengajukan gugatan cerai
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Lawyer answer by Kantor Hukum Yustisia Laksana
Izin menjawab, Perpisahan selama setahun yang disertai cekcok terus-menerus sudah memenuhi alasan perceraian menurut hukum. Dasar Hukum: - Pasal 19 huruf f PP No. 9 Tahun 1975 jo. Pasal 116 huruf f KHI: perceraian dapat terjadi jika antara suami-istri terus-menerus...
Read full answer
Indonesia Legal Articles
Browse our 2 legal articles in Indonesia with practical legal information.
- Can Foreigners Own Property in Indonesia? 2026 Legal Guide
- Foreigners cannot own freehold land (Hak Milik) in their own name. What they can hold is Hak Pakai (right to use), a long-term lease, or HGB/Hak Pakai through a foreign investment company (PT PMA). Indonesia has no single "ownership" concept. It runs a hierarchy of land rights — Hak Milik,... Read more →
- Mergers & Acquisitions in ASEAN: Legal Due Diligence Essentials for International Deals.
- Cross-border mergers and acquisitions (M&A) in ASEAN are no longer peripheral—they are central to regional growth and global expansion. With ten member states, each offering distinct economic strengths and legal frameworks, Southeast Asia presents a mosaic of opportunity. Yet, for international investors, the path to acquisition is rarely linear. It... Read more →
What hiring an advocate in Ubud involves
Ubud is in Gianyar Regency, Bali, so local disputes may involve the Gianyar courts, the regency land office, or village-level authorities. An Indonesian advocate can advise on local procedure, review documents, negotiate, and represent clients in court.
The first step is usually a conflict check and review of the key documents, followed by an agreed scope of work and fee arrangement. For land matters, an advocate may coordinate with a notary or a Land Deed Official (PPAT), who performs distinct official functions.
Land and business matters often need checks beyond the contract itself, including land title, permitted land use, and business licensing. Customary village rules may also be relevant in Ubud, but they do not replace Indonesian law or state procedures.
Foreign nationals should obtain advice before signing a land or villa agreement. Indonesian law generally prohibits foreigners from holding freehold ownership (Hak Milik), and other land rights depend on eligibility and applicable requirements.
When you may need legal representation in Ubud
- Land or villa transactions: You need title, land-use, lease, or contract checks before buying, leasing, or investing in property around Ubud.
- Accommodation and tourism businesses: You need advice on business structure, risk-based licensing, land-use compatibility, or a dispute involving a villa, guesthouse, or tour operation.
- Construction and neighbour disputes: A contractor, landlord, adjoining landholder, or local community disputes payment, boundaries, access, noise, or construction work.
- Foreign investment or immigration issues: You need help assessing a proposed Indonesian company, business permissions, or a dispute affecting your residence or work status.
- Family matters: A marriage, divorce, child-related issue, or division of property involves Indonesian law or proceedings in Bali.
- Police or criminal proceedings: You are questioned, reported, arrested, or asked to sign a statement after an incident in Ubud or elsewhere in Gianyar.
Indonesian laws relevant to Ubud legal matters
- Law No. 18 of 2003 on Advocates: Promulgated on 5 April 2003, it governs the advocate profession, including professional services and fees agreed with clients.
- Law No. 5 of 1960 on Basic Agrarian Principles: Enacted on 24 September 1960, it forms the foundation of Indonesia's land-rights system. It is important when checking ownership and land rights, including restrictions on foreign ownership.
- Law No. 6 of 2023 on Job Creation: Promulgated on 31 March 2023, it enacted changes to provisions on investment and business licensing, among other areas. Business operators should check current implementing rules and licensing requirements for their activities.
These laws operate alongside provincial and regency rules, including land-use plans and local licensing requirements. The rules that apply depend on the property, business activity, and location.
Frequently asked questions
Is an advocate necessary for every legal issue in Ubud?
No. Straightforward administrative questions may be handled directly with the relevant office. Advice is particularly valuable before signing a substantial contract, responding to a formal claim, or dealing with police or court proceedings.
Can a foreign lawyer represent me in an Indonesian court?
Court representation in Indonesia is generally handled by an Indonesian advocate qualified to practise under Indonesian law. A foreign lawyer may advise on foreign law, but should not be treated as a substitute for local representation.
How can I check whether an advocate is qualified?
Ask for the advocate's full name, professional details, and the advocate organisation with which they are affiliated. Confirm their identity and standing through reliable professional channels, and request a written engagement stating who will handle the matter.
How much does an advocate in Ubud cost?
There is no single standard fee for every matter. Fees are agreed between advocate and client, so request a written breakdown covering the work, billing method, expenses, taxes if applicable, and any court or administrative charges.
Can foreigners own land in Ubud?
Foreign nationals generally cannot hold Hak Milik, Indonesia's freehold ownership right. Other rights may be available only to eligible people and under specific conditions, so have the title and proposed transaction reviewed before paying or signing.
Where would a civil case from Ubud be heard?
Ubud is within Gianyar Regency, and the relevant court depends on the dispute and the parties. The Pengadilan Negeri Gianyar handles general civil and criminal matters within its jurisdiction; certain Muslim family matters fall within the religious court system.
Are civil disputes mediated before a court hearing?
Many civil cases filed in court are referred to court-annexed mediation under Supreme Court Regulation No. 1 of 2016, subject to exceptions. Private negotiation or mediation can also be considered before filing, depending on the contract and dispute.
How long does it take to resolve a dispute?
Timing depends on the evidence, the other party's cooperation, and whether the matter settles or proceeds through court. Ask the advocate for likely stages and possible delays rather than relying on a fixed completion date.
Do legal documents need to be in Indonesian?
Indonesian is the official language used in Indonesian legal and court processes. Foreign-language documents may need an Indonesian translation, and an advocate can advise whether a sworn translator or a particular format is required.
Can a customary village resolve a dispute?
A customary village may have a role where local customary rules or community relations are relevant. Its process does not automatically replace state courts or formal legal rights, so clarify the legal effect before agreeing to a settlement.
Should I negotiate or go to court?
Negotiation may preserve a business or community relationship and can sometimes resolve matters sooner. Court action may be appropriate when negotiation fails, urgent protection is needed, or a formal decision is required; an advocate can assess the options and risks.
Official resources
- Pengadilan Negeri Gianyar: The district court serving general civil and criminal cases within its jurisdiction. Its official information can help identify court procedures and services.
- Kantor Pertanahan Kabupaten Gianyar: The local land office under Indonesia's land administration system, responsible for land registration and related services.
- Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kabupaten Gianyar: Gianyar Regency's investment and one-stop service agency, which handles relevant business licensing and investment services.
Next steps to find and hire an advocate
- Write a brief summary of the issue. Note key dates, people involved, what outcome you want, and any deadlines. Allow one day to organise the facts.
- Gather the essential documents. Collect contracts, land records, permits, correspondence, payment records, and any police or court notices. Keep copies and preserve original files.
- Prepare a shortlist of local advocates. Look for relevant experience in Gianyar or Bali and the specific issue, such as land, business, family, or criminal law. Allow one to three days for initial checks.
- Arrange an initial consultation. Ask about the proposed approach, urgent deadlines, likely stages, and who will work on the matter. Share copies of documents securely before or during the meeting.
- Confirm qualifications, scope, and fees. Request written terms that identify the client, work covered, fee structure, expenses, and communication arrangements. Resolve any unclear points before authorising work.
- Sign the engagement and agree on immediate actions. Confirm who will contact the other party or authority, which documents are needed, and when updates will be provided. Keep signed terms and payment records.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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