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  • Finding a lawyer for a simple letter

    Hello,

    The situation is like this.
    I am married for over 2 years now, I have the dutch(Netherlands) and my wife has the indonesian nationalitety. We have issues and want to divorce. But we have 2 children.
    She is saying that I am not allowed too see the children and it is a big mess, since she just wants more money for her own use. I basically not trust her for 1 %.

    I have been to lawyers and I hear that my wife, if not divorced yet, needds to support me in order to not put the father away from the children, since the children have a right to see both parents:

    This information I got:

    Seorang Ibu tidak dapat melarang anak untuk bertemu dengan ayahnya. Ini karena bertemu, mengetahui siapa orang tuanya, dibesarkan dan diasuh oleh orang tuanya adalah hak setiap anak, sebagaimana terdapat dalam Pasal 7 ayat (1) dan Pasal 14 Undang-Undang No. 23 Tahun 2002 tentang Perlindungan Anak (“UU Perlindungan Anak”):


    Pasal 7 ayat (1) UU Perlindungan Anak:
    “Setiap anak berhak untuk mengetahui orang tuanya, dibesarkan, dan diasuh oleh orang tuanya sendiri.”

    Pasal 14 UU Perlindungan Anak:
    “Setiap anak berhak untuk diasuh oleh orang tuanya sendiri, kecuali jika ada alasan dan/atau aturan hukum yang sah menunjukkan bahwa pemisahan itu adalah demi kepentingan terbaik bagi anak dan merupakan pertimbangan terakhir.”
    Now according to LBH, organization that helps people with law in Indonesia. A lawyer should write a letter to my wife with these laws and that she should basically sponsor me to expend my marriage kitas in order for my to stay in Indonesia and see the children.
    If she not replies the letter it is proof that she does not want to cooperate and then she is breaking the law.
    We also have a prenup agreement, but I am the only one that financially/ mentally raise the kids, since she can't do anything, besides attacking, demanding and using the kids as a blockmail tool.


    Then i read about this law:
    http://hukum.unsrat.ac.id/uu/uu_1_74.htm

    But i not clearly understand what is being said there.

    Anyway, does someone knows a lawyer that wants to make these kind of letters without much cost?

    Thanks

    Danny





  • #2
    UPDATE

    I read this lawys in another topic on this forum:
    PP no.31 , year 2013
    Article 162
    (1) For mixed marriage that has lasted 10 (ten) years or more, a Permanent Stay Permit obtained due to legal marriage shall remain valid although his/her marriage has ended due to divorce and/or upon court decision.
    (2) Holder of the Permanent Stay Permit as contemplated in clause (1) shall have a sponsor who has an Indonesian citizenship.
    Article 163
    (1) For mixed marriage that lasts less than 10 (ten) years, Permanent Stay Permit obtained due to legal marriage shall remain valid although his/her marriage has ended due to divorce and/or upon court decision in case of the foreigner concerned has a sponsor.
    (2) Sponsor as contemplated in clause (1) shall constitute an individual who has an Indonesian citizenship.
    (3) Guarantor as contemplated in clause (2) shall be submitted to Immigration Office where its service area covers the residence of foreigner within the maximum period of 60 (sixty) days as of date of divorce deed is issued.
    (4) In the event that such foreigner present no sponsor within the period as contemplated in clause (3) then such Permanent Stay Permit shall be invalidated.
    I not fully understand, but does it mean that since i do have a legal marriage KITAS, but my wife does not want to sponsor me, is it possible another individual with an indonesian citizenship can sponsor me? Anyone? man, woman?

    Comment


    • #3
      Originally posted by Danny1234 View Post
      (1) ... Now according to LBH, organization that helps people with law in Indonesia. A lawyer should write a letter to my wife with these laws and that she should basically sponsor me to expend my marriage kitas in order for my to stay in Indonesia and see the children.
      If she not replies the letter it is proof that she does not want to cooperate and then she is breaking the law.

      (2) Then i read about this law: http://hukum.unsrat.ac.id/uu/uu_1_74.htm
      But i not clearly understand what is being said there.

      (3) Anyway, does someone knows a lawyer that wants to make these kind of letters without much cost? ...

      (4) I not fully understand, but does it mean that since i do have a legal marriage KITAS, but my wife does not want to sponsor me, is it possible another individual with an indonesian citizenship can sponsor me? Anyone? man, woman?

      (1) I am not a lawyer but I guess you are mistaken about the subject . If you divorce her , she cannot sponsor your KITAS anymore (your KITAS is cancelled) , regardless of anything else . In my view , if your children are very important to you , I suggest you to continue married .

      (2) That is the Marriage Law . You can translate it at Google Translate .

      (3) I don't know any , but suggest you to forget about the letter .

      (4) That subject is about KITAP and you have a KITAS , right ? Even if you had a KITAP it would be difficult to keep it after the divorce . Again , your best option may be to stay married , if your concern is your children (except the children are over 12 years old , you married at KUA , and you children want to live with you after the divorce - otherwise after the divorce the children will probably be under your wife's responsibility) .

      Comment


      • #4
        Hi,

        Yes I have a KITAS true.
        Yes i guess I will not do divorce until the kids are with me in another country for example or when I do not need to stay here to see the kids.

        What I mean, is in europe there is family reunion law. The children always have the right to be around their parents. Is there something like that in Indonesia?
        Eventhough, my wife does not want to support me anymore as a sponsor, So i will take measures by law,

        I know i can translate it, but google translator is just 80% correct in understanding this lawside bhs indonesia. Hopefully, someone could shed some light on it if my have have the obligation to sponsor me in order to see the kids or not.

        Thanks





        Comment


        • #5
          Originally posted by Danny1234 View Post
          (a) ... in europe there is family reunion law. The children always have the right to be around their parents. Is there something like that in Indonesia? ...

          (b) my wife does not want to support me anymore as a sponsor, So i will take measures by law,

          (c) I know i can translate it, but google translator is just 80% correct in understanding this lawside bhs indonesia. Hopefully, someone could shed some light on it if my have have the obligation to sponsor me in order to see the kids or not ...

          (a) I don't know , but I guess no .

          (b) I think it is not worth to go to the Religion Court for that mainly because it will take a long time and you need the KITAS/KITAP now . I would try to make her family to convince her and/or even "bribe" her as the main point here is money . You have many other options of Visa to stay in Indonesia , they will just cost you more money and trips to Malaysia or Singapore .
          By the way , if you convince her to sign the Immigration documents , better to request a 5 years KITAP , instead of extending your KITAS .

          (c) Danny , I am also not good with the Indonesian language , but with Google + a dictionary I can do a relatively good translation . Anyway , I didn't read all the Marriage Law and Immigration Law , but I don't think you will find something in these (or other Laws) that give you rights to make your wife do everything you want . Basically the Law states that the wife has some basic roles in a marriage , like : taking care of the home affairs , caring/respecting the husband , taking care of the children , ... From that to think the wife must sponsor the husband for a Visa is a big convincing work to do (as I told you before , the KITAS is not your only option to stay in Indonesia , and many other visas do not depend on your wife sponsorship) .

          As I understand , you being the husband and father of the children , yes you have the right to see the children . But as the ex-husband and ex-wife with the children's custody , your ex-wife can make it very difficult for you . So I suggest you to try to conciliate with your wife instead of confronting her/going to the Court against her .

          Comment


          • #6
            Where do you life Danny, are you just need permit/sponsor to visit your children? Don't you have working permit or are you working here!

            Comment


            • #7
              Hello,

              I got a marriage kitas, my wife is my sponsor, but it needs to be extended soon, in which I need docuemnts that she has.
              I actually got lawyer that will make the laws clear on paper that I will send to her.
              She has clearly proven that she does not want me to see the kids and she is not supporting me as a good wafe acc to the law.

              Her family basically do not want to interfear, so I can't convince them even with money.
              Yeah I could het a social budaya visa again, but yeah I would like to extent my marriage kitas or kitap , last one i dontknow if i have that time anymore.

              Im in Jakarta.







              Comment


              • #8
                Originally posted by Danny1234 View Post
                ... I would like to extent my marriage kitas or kitap , last one i dontknow if i have that time anymore...

                To extend the KITAS you can request it up to the day before the KITAS/KITAS extension expires .

                To convert the KITAS into a KITAP the Regulation doesn't specify . It usually has to be requested up to one month before the KITAS expires .

                Comment


                • #9
                  OK, well,I guess it will be bac to SOSBUD visa, since she doesnt want to spnsor me,

                  Comment


                  • #10
                    Consult a good civil rights lawyer who will be able to guide you properly about your rights on your children and you can thrash all the charges made against you by your wife. My own sister also faced a similar situation, so she consulted a renowned lawyer named Bechara Tarabay who is experienced in civil cases and based in Paris and he guided her perfectly.

                    Comment


                    • #11
                      Originally posted by Danny1234 View Post
                      Hello,

                      The situation is like this.
                      I am married for over 2 years now, I have the dutch(Netherlands) and my wife has the indonesian nationalitety. We have issues and want to divorce. But we have 2 children.
                      She is saying that I am not allowed too see the children and it is a big mess, since she just wants more money for her own use. I basically not trust her for 1 %.

                      I have been to lawyers and I hear that my wife, if not divorced yet, needds to support me in order to not put the father away from the children, since the children have a right to see both parents:

                      This information I got:



                      Now according to LBH, organization that helps people with law in Indonesia. A lawyer should write a letter to my wife with these laws and that she should basically sponsor me to expend my marriage kitas in order for my to stay in Indonesia and see the children.
                      If she not replies the letter it is proof that she does not want to cooperate and then she is breaking the law.
                      We also have a prenup agreement, but I am the only one that financially/ mentally raise the kids, since she can't do anything, besides attacking, demanding and using the kids as a blockmail tool.


                      Then i read about this law:
                      http://hukum.unsrat.ac.id/uu/uu_1_74.htm

                      But i not clearly understand what is being said there.

                      Anyway, does someone knows a lawyer that wants to make these kind of letters without much cost?

                      Thanks

                      Danny



                      If you need law services for drafting warning letter to your wife. you can contact me by e-mail at [email protected]

                      Comment

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