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Muslim Divorce
That the divorce suit in the Religious Courts can be filed either by the husband to his wife or by the wife to her husband. The lawsuit filed by the husband against his wife is called the Petition for Divorce, where the husband becomes the Petitioner and the Wife becomes the Respondent. Whereas the divorce suit filed by the wife against her husband is called the Divorce Lawsuit, where the wife is the Plaintiff and the husband is the Defendant.
If the wife wants to file a divorce suit against her husband, the religious court that has the authority to examine and adjudicate it is the religious court where the wife is legally domiciled. Legal domicile can be proven by having an Identity Card (KTP), meaning that if the wife is legally domiciled in Magelang Regency and the husband resides in Jakarta, then the Religious Court that is authorized is the Religious Court where the wife's legal domicile is.
The plaintiff submits a lawsuit in writing or orally to the Religious Court.
The lawsuit contains the identity of the Plaintiff, including the name, age, occupation and place of residence of the Plaintiff, then posita, namely the facts of the incident and legal facts, and petitum, namely the things that the plaintiff is claiming based on the posita.
Lawsuits for child custody, child maintenance, hadhanah, wife maintenance and joint assets can be filed together with divorce claims.
Pay down payment of court fees through the Bank and for those who can't afford/poor, can litigate prodeo/free of charge.
After the case has been registered at the Religious Court, then the Plaintiff and Defendant are summoned to attend the trial, at least 3 working days before the trial is held, the summons is delivered by the bailiff and delivered to the addresses of the plaintiff and the defendant, but if when summoned the plaintiff/defendant is not present at the place/while out, the summons is conveyed through the Lurah/Village Head. Especially if the defendant is unseen, the summons to the defendant is made through an announcement on the radio, between the first announcement and the second announcement is 1 month apart, and between the second announcement and the day of trial with a distance of at least 3 months.
During the trial, peace is sought and continued with mediation if the plaintiff and defendant are present. If there is peace, the matter is withdrawn.
The decision of the Religious Courts is sometimes granted if the lawsuit is proven, rejected if it is not proven and cannot be accepted if the lawsuit is dismissed, then once the decision is rendered, the plaintiff can immediately collect the remaining down payment of the court fee if there is still any.
After the decision is rendered and has legal force, the Plaintiff and the Defendant can take the Divorce Certificate directly, or through a proxy with the condition that there is a special power of attorney for taking the Divorce Deed.
Arbitration and Alternative Disputer Settlement
Dispute resolution by using an arbitration institution will result in an Arbitration Award. According to law number 30 of 1999, the arbiter or arbitration panel must immediately issue an arbitral award no later than 30 days after the completion of the dispute examination by the arbitrator. If there is an administrative error in the decision handed down, the parties within 14 days from the date the decision is made are given the right to request corrections to the decision. The arbitral award is a decision at the final level (final) and directly binds the parties. The arbitration award can be enforced after the decision has been registered by the arbitrator or his attorney at the district court clerk. After being registered, the chairman of the district court is given 30 days to issue an order to enforce the arbitral award.
Apart from going through the arbitration process, non-litigation dispute resolution can also be carried out by means of alternative dispute resolution or alternative dispute resolution (ADR). Alternative dispute resolution is a form of dispute resolution outside the court based on an agreement (consensus) carried out by the parties to the dispute either without or with the help of neutral third parties. According to Law number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, in article 1 number 10, alternative dispute resolution is a dispute settlement institution or dissent through procedures agreed upon by the parties, namely settlement outside the court by way of consultation, negotiation, mediation, conciliation, or expert judgment.
Dispute resolution through ADR has advantages compared to dispute resolution through litigation, including the voluntary nature of the process because there is no element of coercion, fast procedures, non-judicial decisions, confidential procedures, flexibility in determining the terms of problem solving, economical time and cost-effective, high likelihood of executing agreements and maintenance of working relationships.
Alternative dispute resolution institutions are divided into several types, including the following:
1. CONSULTATION
Consultation is an action that is personal between a certain party, called the client and another party who is the consultant, who gives his opinion to the client to meet the needs and needs of the client. The role of the consultant in resolving disputes is not dominant, the consultant only provides (legal) opinion, as requested by his client, which subsequently makes decisions regarding the resolution of the dispute to be taken by the parties themselves, although sometimes the consultant is given the opportunity to formulate forms of settlement. dispute desired by the parties to the dispute.
With the development of the times, consultations can be carried out directly or by using existing communication technology. Consultation can be done by the client asking a number of questions to the consultant. The results of the consultation are in the form of suggestions that are not legally binding, meaning that the advice can be used or not by the client, depending on the interests of each party.
2. NEGOTIATION
Negotiation is a means for disputing parties to discuss their settlement without the involvement of a third party. According to KBBI (Big Indonesian Dictionary), negotiation is defined as a peaceful settlement of disputes through negotiations between the disputing parties.
Through negotiation, the disputing parties can carry out a process of re-examination of the rights and obligations of the disputing parties in a situation that is mutually beneficial, by releasing or providing concessions to certain rights based on the principle of reciprocity. The agreement that has been reached is then set forth in writing to be signed and implemented by the parties.
However, the negotiation process in resolving disputes has several weaknesses. The first is when the positions of the parties are unequal. The strong will suppress the weak. The second is that the negotiation process is often slow and can take a long time. The third is when a party is too harsh with its stance.
3. MEDIATION
Mediation is an intervention in a dispute by an acceptable, impartial and neutral third party (mediator) and helps the disputing parties reach a voluntary agreement on the issues in dispute. According to Rachmadi Usman, mediation is a way of resolving disputes outside the court through negotiations involving a third party (mediator) who is neutral and does not take sides with the disputing parties and whose presence is accepted by the disputing parties.
The mediator acts as a facilitator. This shows that the mediator's task is only to assist the disputing parties in resolving problems and does not have the authority to make decisions. The mediator is located to help the parties reach an agreement that can only be decided by the parties to the dispute. The mediator does not have the authority to force, but is obliged to bring the disputing parties together. The mediator must be able to create conducive conditions that can guarantee the creation of a compromise between the disputing parties to obtain mutually beneficial results.
4. CONCILIATION
Settlement through conciliation is carried out through a person or several persons or bodies (conciliation commission) as intermediaries called conciliators by bringing together or providing facilities to disputing parties to resolve their disputes amicably. The conciliator actively participates in providing solutions to the disputed issues.
Bankruptcy Case Process in The Commercial Court
In accordance with Article 1 point 7 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt ("Bankruptcy Law"), the process of settling bankruptcy cases in Indonesia is carried out at the Commercial Court ("Court") within the general court environment.
The procedure for filing an application for bankruptcy can be seen in the article "Procedures for Application for a Declaration of Bankruptcy at the Commercial Court".
In the case of a court having the authority to decide on a bankruptcy case, there are a number of things that must be known by the debtor and creditor, namely:
The application for a declaration of bankruptcy is decided in the court in the area where the debtor's legal domicile is.
If the debtor has left the territory of the Republic of Indonesia, the Court authorized to render a decision is the Court whose jurisdiction includes the last legal domicile of the debtor.
In the event that the debtor is a shareholder of a firm, the court authorized to make a decision is the court whose jurisdiction covers the legal domicile of said firm.
In the event that the debtor is not domiciled in the territory of the Republic of Indonesia but carries out his profession or business within the territory of the Republic of Indonesia, the court authorized to render a decision is the court whose jurisdiction includes the domicile or head office of the debtor carrying out his profession or business in the territory of the Republic of Indonesia.
In the event that the debtor is a legal entity, the court authorized to make a decision is the court whose jurisdiction covers the legal domicile as referred to in the articles of association of the legal entity.
An examination hearing on the application for a declaration of bankruptcy is held no later than 20 (twenty) days after the date the application is registered. At the request of the debtor and based on sufficient reasons, the Court may postpone the holding of the trial until no later than 25 (twenty five) days after the date the application is registered. The Court's decision on the application for a declaration of bankruptcy must be pronounced no later than 60 (sixty) days after the date the application for a declaration of bankruptcy is registered. The Court's decision must contain:
Certain articles of the relevant laws and regulations and/or unwritten sources of law which are used as a basis for adjudicating; and
Legal considerations and different opinions from member judges or chair of the assembly.
A decision on an application for a declaration of bankruptcy which contains the complete legal considerations underlying the decision must be pronounced in a hearing open to the public and can be implemented beforehand, even though a legal remedy is filed against the decision.
Pursuant to Article 10 of the Bankruptcy Law, as long as the decision on the application for a declaration of bankruptcy has not been pronounced, every creditor, attorney, Bank Indonesia, the Capital Market Supervisory Agency, or the Minister of Finance may submit a request to the Court to:
placing collateral for part or all of the debtor's assets; or
appoint a temporary curator to supervise:
a) managing the debtor's business; and
b) payments to creditors, transfers, or collateralization of the assets of the debtor in bankruptcy is the authority of the curator.
In the interest of bankrupt assets, cancellation of all legal actions of a debtor who has been declared bankrupt which is detrimental to the interests of creditors may be requested. Cancellations are submitted to the Court before the bankruptcy declaration decision is pronounced. Cancellation can only be done if it can be proven that at the time the legal action was carried out, the debtor and the other party concerned knew that the legal action would result in a loss for the creditor.
The court, with a decision to declare bankruptcy, at the suggestion of the Supervisory Judge, at the request of the curator, or at the request of one or more creditors and after hearing the Supervisory Judge, may order that the bankrupt debtor be detained, either placed in the State Detention Center or in his own house, under the supervision of a prosecutor who is appointed by the Supervisory Judge. The detention order is executed by a prosecutor appointed by the Supervisory Judge.
Legal Auditor
Audit procedures are the steps taken by the auditor to obtain information about the performance an tvd financial quality of a company, a villa project etc.
This procedure will enable the auditors to form an opinion on the financial statements and find out whether the financial position of a company or organization is running well or normally.
In an audit procedure there will be steps that an auditor must take.
Summarizes The Steps of the Audit Procedure
Inspection is an audit procedure in the form of an overall or detailed examination of documents, records or the physical condition of something related to financial statements.
Examination of these documents or records is intended so that an auditor can determine the provisions of requirements, invoices and other important documents. With this inspection, further evaluation can be carried out.
This process is known as vouching and is an important part of the Test of Controls and Test of Details of a company conducted by the auditor.
Observation
Observation in audit procedures is a process in which the auditor observes the processes and procedures carried out by clients to find out how their processes work.
This is also done to find out if there are weaknesses in the procedures carried out and become a record for the auditor.
These observations are an important part of the report on understanding internal control. That's why the observation must be carried out by an auditor as a technical part of the procedure
Confirmation
Furthermore, the activity in the audit procedure is confirmation which is an investigation to obtain information from parties other than the organization.
In this step, the auditor will ask the client questions that must be answered immediately. Based on the direct answers given by the client, this will later become objective evidence because the source comes from outside.
Accountant vs Auditor, Skill Differences and Responsibilities
Request of statement
Being an auditor, of course, you will make requests for information as one of the audit procedures where this stage is carried out, usually in the form of verbal information. Therefore, this oral statement can be verbal and real evidence.
This inquiry will involve management or employees. This request for information usually contains questions that will be answered by the relevant party. Based on this, an auditor will get oral evidence.
Search
The other audit procedure is in the form of tracing where an auditor will usually do a retracing from the beginning to the data in the document. This initial document will be traced from the initial stage to the accounting records stage.
This procedure will later provide results from the completeness of the data from the accounting records. Usually tracking is done on sales transactions such as order information, delivery reports, sales invoices, sales transactions, and so on.
Calculation
Audit Procedures
Performing calculations in audit procedures aims to evaluate physical evidence in the form of existing goods, cash amounts and records of all documents with serial numbers that have been printed.
This calculation is carried out to evaluate the physical evidence of the existing quantity with the accountability of existing records. Therefore, the point is that the calculation is carried out to evaluate the documentary evidence that supports the completeness of the accounting records.
Subsequent audit procedures are carried out with the help of electronic media for accounting records.
Some of the auditor's activities carried out with the help of a computer include calculating the total balance, calculating ratios, comparing data elements in various files, choosing the name of the debtor to be sent a confirmation letter and so on.
So, those were audit procedures that are usually carried out by auditors.
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