Announcement

Collapse
No announcement yet.

Legal Opinions-- Foreign Spouse and Land Ownership

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Legal Opinions-- Foreign Spouse and Land Ownership

    My wife might own a little land in Indonesia. I have read on this site about the need to have married couples 'pisa harta'-- not share resources, and fill out documents to that effect. I saw a legal opinion online that this was necessary, and this seems to be the stance of certain individuals on this forum.

    I asked an attorney friend of mine about this. He said it wasn't necessary to do pisa harta for her to own land and he could write me a legal opinion to that effect.

    My vague understanding of civil (continental) law systems is that basically each individual judge interprets codes as he or s he sees fit, while case/Anglo law has some pretty clear interpretations for a lot of cases based on past precedent. What is the role of a 'legal opinion?' If the legality of my wife owning land ever went to course, is it just basically up to the judge?

    I actually prefer our joint ownership now. It's better for our marriage dynamic, IMO-- sharing, doing things together, etc. And it would be a mess to try to say who owns what. It's kind of like setting up for a divorce or something like that, and a waste of time trying to figure it out

  • #2
    Originally posted by Pablisimo View Post
    (1) He said it wasn't necessary to do pisa harta for her to own land and he could write me a legal opinion to that effect...

    (2) What is the role of a 'legal opinion?' If the legality of my wife owning land ever went to course, is it just basically up to the judge?...

    (1) It would be very helpful if you tell us at least the name/number of the Law/Regulation from where your atorney based his/her opinion (so we can agree or disagree) .

    (2) In my view , legal opinion is to let us know the affected Law(s)/Regulation(s) so we ourselves check the official rules . I think the majority of people just rely on the legal opinion of just one lawyer and suppose the lawyer is right , without checking if true .


    ------------------------------------------


    By the way , to me (I am not a lawyer) , the rules about this subject are very clear (although it is always possible that the enforcement of the rules is flawed) .

    In few words , the Indonesian Land Law prohibits foreigners to own land with full ownership title (except for 1 year after inheriting it) . Then the Indonesian Marriage Law states that , unless specified in a pre-marriage agreement , wealth got during the marriage (except inheritances and gifts) are jointly owned.


    -------------------------------------------


    UU no.5 Year 1960
    Article 21 of land Law (UU5 - 1960)
    (1) Only citizens of Indonesia may have full ownership land rights.
    (2) ...
    (3) Foreigners who...obtain property by inheritance without a will...must relinquish it within one year since obtaining such rights...

    UU no.1 Year 1974
    Article 35
    (1) Wealth acquired during marriage becomes joint wealth.
    (2) ...assets...and property acquired as a gift or inheritance, is under the individual control...as long as the parties do not specify otherwise.
    Article 36
    (1) Regarding joint wealth, husband and wife can agree otherwise.

    Poster's Note : Not official translations

    Comment


    • #3
      Originally posted by Pablisimo View Post
      My wife might own a little land in Indonesia. I have read on this site about the need to have married couples 'pisa harta'-- not share resources, and fill out documents to that effect. I saw a legal opinion online that this was necessary, and this seems to be the stance of certain individuals on this forum.

      I asked an attorney friend of mine about this. He said it wasn't necessary to do pisa harta for her to own land and he could write me a legal opinion to that effect.

      My vague understanding of civil (continental) law systems is that basically each individual judge interprets codes as he or s he sees fit, while case/Anglo law has some pretty clear interpretations for a lot of cases based on past precedent. What is the role of a 'legal opinion?' If the legality of my wife owning land ever went to course, is it just basically up to the judge?

      I actually prefer our joint ownership now. It's better for our marriage dynamic, IMO-- sharing, doing things together, etc. And it would be a mess to try to say who owns what. It's kind of like setting up for a divorce or something like that, and a waste of time trying to figure it out

      My understanding is that there was a decree from a menteri negeri allowing for pisa harta to substitute for a prenup.

      The lawyer I spoke with kind of owes me, so I figured I could get free legal help with pisa harta, but he did not agree that it was necessary, so maybe when the issue becomes more pertinent we might address it with another lawyer.

      Comment


      • #4
        Originally posted by Pablisimo View Post
        My understanding is that there was a decree from a menteri negeri allowing for pisa harta to substitute for a prenup...

        I don't think so , because a Minister's Decree cannot change a Law .

        What I already saw was a decision by the Constitutional Court stating that a post-nuptional agreement also should be valid . The problem I see is that the related part of the Law was not revised yet , so I don't know what is the legal situation of a post-nuptial agreement (one Indonesian lawyer told me that a decision of the Constitutional Court is not a final ruling) .

        I have heard that many foreigners got already post-nuptial agreements , but also heard that not everybody is getting the final objective .

        Also heard that some foreigners wrongly bought Indonesian land/property in the Indonesian spouse's name without a marriage agreement , but up to now there was no legal questioning . But few are finding it difficult to sell the property bought in this situation .

        http://www.livinginindonesiaforum.or...ial-agreements (2016's Constitutional Court decision on post-nuptial agreement)

        Comment

        Working...
        X