The prenup requirement has always been ridiculous and unfair to Indonesians who marry foreigners. The Constitutional Court has now taken a step in the right direction by decreeing that Indonesians who marry foreigners can now own property.
It still, however, bans foreign spouses from owning property. Ah well, one step at a time.
Local spouses of foreigners can now purchase a plot of land or a building without having to create a prenuptial agreement separating the ownership of their property, a 42-year-old policy that has just been declared unconstitutional by the Constitutional Court.
The court decided on Thursday to eliminate the requirement for a prenuptial marriage agreement in Article 29 of the 1974 Marriage Law, paving the way for thousands of Indonesians who are married to foreign nationals to own property as they can now create an agreement on separate ownership during their marriage.
The Indonesian Mixed-Marriage Society (PerCa), which supported the judicial review petition against the law, welcomed the landmark decision, saying it was “a ruling that upholds the principal of justice and gives local spouses the constitutional rights they are entitled to.”
“We fully welcome the ruling by the Constitutional Court, which shows that it cares about and sides with mixed-marriage couples who are often subject to discrimination,” PerCa said in a statement made available to The Jakarta Post on Thursday.
The 1974 Marriage Law treats a husband and a wife equally, allowing them to create a marriage agreement before a civil registry official or notary.
Prior to Thursday’s ruling, the agreement, under which a married couple could agree on things such as the separation of property and debt, could only be made before a marriage took place.
The court, however, declared the requirement for a prenuptial contract to be unfair, as it prevented a married couple from separating property ownership during the marriage, thus violating Article 28E of the Constitution.
“In fact, many couples mull whether to draw up a marriage contract after their marriage for many reasons,” said presiding judge Wahiddudin Adams, while reading the ruling at the Constitutional Court in Central Jakarta.
“Property ownership in a marriage is one of the factors behind many conflicts between a husband and wife,” Wahiddudin said.
Plaintiff Ike Farida, a PerCa member, said the ruling made it possible for locals who were married to foreign nationals to own property by creating a marriage contract that stipulated the separation of property ownership.
A lot of marriages, including mixed marriages, took place without the prenuptial contract, because most married couples were unaware of the regulation, Ike said. Ike is a Jakarta-based lawyer married to a Japanese citizen.
In May 2012, she finished paying for an apartment in Casablanca, South Jakarta, but the developer did not give her ownership rights to the unit after it became aware her husband was a foreigner. The case went to the East Jakarta District Court but Ike lost.
The developer refunded the payments, but Ike refused to accept them, because she still wanted to fight to change the law. “Some friends have been advised by their lawyers to divorce first and get married again just to create a marriage contract that enabled them to own property. They don’t need to do that after this ruling,” Ike said.
Apart from the 1974 Marriage Law, Ike also filed a review of Article 21 and Article 36 of the 1960 Agrarian Law, which prohibit foreigners, and Indonesians in mixed marriages who do not separate their property ownership, from possessing right-to-own permits and right-to-build permits, respectively.
The court decided to uphold the said provisions, citing the principle of nationality used by the Agrarian Law, in which only Indonesians can own property in the country.
“There is no way for foreigners to own property. The principle of nationality is still relevant at present when capital ownership has a pivotal role for Indonesians looking to bounce back from the sluggish economic situation,” Wahiddudin said.
Been told that I’d be sharing the same stage with these YouTubers in a talk next week.
Watching their videos makes me feel like a dinosaur. Take, for this instance, this video they made with the President of Indonesia. The President!
It works for them but I’m not so sure whether it works for Jokowi who, to my ancient eyes looks like turning in a performance with the grace of Dad Dancing in a college party.
What would you advice Jokowi if you were his image advisor. Do more so he can connect more with the younger Indonesians? Or be more selective in an effort to retain the dignity of the Office?
Most of your would be unaware of it but there is a relentless race between two neighboring and competing nations Malaysia and Indonesia.
It is a race to the bottom of the IQ ladder by its religious wallah. You know the type, using the name of religion to to impose their stupidity on others.
The state of play yesterday was this: Malaysia fired its first salvo when the Malaysian Islamic Development Department (Jakim) said pretzel store franchise Auntie Anne’s change the name of its “Pretzel Dog” to “Pretzel Sausage” lest it confuse and alarm Muslims.
The dog is an unclean animal, according to some Muslims, so using its name would make things unclean. Presumably Jakim will soon order name changes to Hamburg and hamburgers, Swine Fever, pig iron and order a revision of the nursery rhyme featuring three little piggies.
PETALING JAYA: The Malaysian Islamic Development Department (Jakim) has recommended that pretzel store franchise Auntie Anne’s change the name of its “Pretzel Dog” to “Pretzel Sausage” in order to receive a halal certification. “It is more appropriate to use the name ‘Pretzel Sausage’,” said Jakim’s Halal Division director Sirajuddin Suhaimee. “The improvement process is being conducted from time to time. “Malaysia’s good name as a pioneering ‘halal global’ figure needs to be improved. “To avoid this issue at the global stage, the panel has decided not to use such a name,” he said via WhatsApp Tuesday. In a statement earlier, Jakim clarified that the body did not label Auntie Anne’s as not halal. Jakim explained that Auntie Anne’s food products were in the process of getting a Malaysian halal certification. It said that this was done after some improvements to the franchise’s application. This week, Jakim’s rejection of Auntie Anne’s halal certification application went viral on social media and blogs, with many Muslims questioning the halal status of the food items.
Not to be outdone, the Indonesian team represented by the Indonesian Ulema Council issued a fatwa against speed bumps.
Its rationale: Speed bumps because they are “harmful.” It is unclear whether the ulemas have mistaken the word bumps with humps because Unspun’s been told that if you’re going at reckless speed while humping it may result in injury.
Indonesian Ulema Council in Samarinda issues fatwa saying speed bumps are haram
As the sole independent entity entrusted to inform Muslims in Indonesia as to what is or isn’t forbidden, the Indonesian Ulema Council (MUI) has issued many questionable fatwas (rulings based on an interpretation of Islamic law by a recognized authority) in the past, which have included everything from theprohibition of playing Pokemon GO to being homosexual, which they said should be punishable by death.
Some might argue that the MUI is doing what they believe is in the best interests of all Muslims with their fatwas, which is why this one is oddly counterintuitive.
The MUI branch in Samarinda, East Kalimantan issued a fatwa against road speed bumps of all things, because they are supposedly harmful.
“If a speed bump disrupts road users, then it’s makruh (advised against but not sinful). But, if it claims lives, then it’s haram,” said MUI Samarinda head Zaini Naim, as quoted by Tempo on Sunday.
With the score being 1-1 we are all at tenter hooks on what the outcome of the race will be. Will Malaysia counter with another stab stupider than this dogged approach? And if so, will Indonesia strike back with a big fatwa?
Only time will tell.
Update August 28: One of the buzzers involved in the campaign has admitted to being asked to Tweet, the client remains a mystery, and he has apologised for taking on the assignment here. Unspun thinks it takes a big man to admit that they were wrong and to ask for forgiveness. Perhaps the Netizens should cut him some slack from now on.
Since my post some netizens have named the alleged digital agency and one of them have come up with a shitlist of all the buzzers involved. The company or alliance financing the campaign remains a mystery (at least to Unspun).
The original post:
The hashtag #NoWitchHuntKarHut (KarHut stands for Kebakaran Hutan or Forest Fire) began life on Twitter ostensibly on August 20, three days ago, by a buzzer. It sat there innocuously until this morning, when it seemingly caused a civil war among the Twitterati of Indonesia.
What was it about and why did it cause such a furore?
As far as can be pieced together the hashtag was a campaign initiated by a digital agency based in Jakarta. It gathered and paid some buzzers to use the hastag and get through the message that large corporations have been unfairly singled out when apportioning blame for forest fires. The unfairness resulted from the fact that smaller corporations were just as guilty for starting forest fires.
All sorts of buzzers were recruited, even those who normally would be more comfortable with lifestyle and consumer consumption than environment and public affairs. They were apparently told by the digital agency that the campaign was also an Indonesian reaction against Singapore that has been trying to assert pressure on Indonesia. Naively some of the buzzers swallowed that story, hook, line and sinker.
So when the buzzers got to work, a civil war, not unlike that in Marvel comic that many of them are fond of, broke out between them and the other buzzers who smelt something fishy about their fellow-buzzers suddenly taking up the cause of Big Palm Oil. Not being wall flowers, they spoke, or rather tweeted their minds, and soon there seemed to be a groundswell of sentiment against their fellow buzzers that had apparently sold out to land grubbing, environment-destroying, cynical large corporations.
The war got so bad that one prominent buzzer was reported to have closed his account because of all the criticisms he was receiving.
Being curious about such things and having a suspicious mind Unspun thought that the usual large corporation suspects were behind the move so he checked with friends he had in their woodwork. They told him that they were flummoxed as anyone as to who was behind the campaign as they weren’t. These are friends, not the organisations, talking so Unspun tended to give them the benefit of the doubt.
So if it is not the usual suspects who could it be? Who was sophisticated enough to engineer a campaign ostensibly on behalf of the large corporations but in reality aimed to discredit them? And who else would have the kind of money to pay the digital agency to run the campaign and pay the buzzers? And why that peculiar hashtag #NoWitchHuntKarHut? It is a clumsily long hashtag. The use of the “no withch hunt” idiom suggests a Western mind or one brought up on western education (or an agency whose strategy is led by a Westerner).
One source, who corroborated on the identity of the agency, said he heard that an alliance of companies (that was not part of the usual suspects) was behind the funding of the campaign. But there was no more information. This deepens the mystery. Are there other players out there out there trying to discredit the established Big Boys? Who would gain from such a move, if true? Are we about to see a round of musical chairs in the Palm Oil industry? What is going on?
Petungkriyono is a forest reserve about three hours drive south of Pekalongan in Central Java. The distance is not that great but like many other places the road there is narrow and potholed, prolonging the journey that would take about a third of the time if it was serviced by good roads.
It’s actually adjacent to the better known Dieng Plateau, so the vegetation there is thick, the weather when we were there in July wet and fairly cool. The area is about 7,000 hectares and houses several villages.
The Pekalongan government is trying to turn this area into a tourist destination. This means that if you love nature, go there before things get spoilt.
The main attraction, apart from the flora and fauna seems to be the Welo River where you can go river tubing. The concept sounds more attractive and fun than it actually is.
A group of us tried it and we were taken to a part of the river where we were to begin our journey. We were given helmets, arm pads and knee pads that looked like arm pads. We then got on rubber tubes and off we went shooting the rapids – for about 20 meters.
Then we had to disembark, get off and walk to the next stretch where we would get a 10 or 15 meter ride down the tube. It was a bit dangerous. We had to walk and jump from one section to another barefoot and the tubes are anything but stable so overturning in tricky sections were inevitable.
The organisers were all well meaning and caring but their idea of safety isn’t the highest by international standards so you could imagine if someone overturned and, in a panic, kept holding on to the tube. They would have been dragged by the strong current. Once when I overturned I hit my head against a rock. Luckily I had a helmet, and a hard head.
Still, it ended well and it was fun although I’d not recommend it for the less intrepid.
Other than that the best part of the trip was to wind down the car windows and enjoy the scenery as we passed by rice terraces cut into the hills, rivers swollen and angry from the recent rains.
The other attractions included watching the power of the river expressing itself as a raging waterfall at Curug Bajing (Squirrel’s Waterfall).
Leaving Petungkriyono you get to pass through small towns with their market days.
And when you leave Pekalongan for Jakarta you are always treated with views of fields of paddy and other crops
Had a spare day after a business trip to Munich in July so took the train to Dachau, the Nazi’s first concentration camp located about 10km outside of the city.
It was opened in 1933 by Heinrich Himmler and meant to house political prisoners but quickly became a catch all for everyone the Nazis couldn’t tolerate – Jews, monosexuals, foreigners, even German and Austrian criminals.
There must have been so much sorrow and sadness played out there but when I visited I found the place impeccably restored but clinical, like so much of Bavaria.
It did not help that it was a beautiful day. The sun was shining, it was cool and cottony clouds floated across the blue sky. I could not help wondering what the inmates must have thought, the irony they savoured, on such a beautiful day when imprisoned in Dachau, a place specially designed to strip them of their dignity.
Our office recently went on an outing to Belitung, an island off the east coast of South Sumatra made famous by the film Laska Pelangi.
Our first stop was Tanjung Pandang Beach, a recreational stretch that had nothing remarkable except that it faced west and therefore was a place to watch the sunset.
So we did what all good Indonesian groups do, which is to take lots of group photos and selfies.
There was also the “it’s good to be Boss photo” designed to show me up as a beacon of collected calm in a sea of jumping staff members.
Others ventured to become amateur photographers and models for their portfolios and Instagram accounts.
The next day was games day where we went on boats to the surrounding islands, mainly Pulau Lengkuas. They all had the characteristic of having huge rocks sitting on white sand or clear sea.
Some of them even came complete with their own spume of cloud to crown what, to the creatively minded, must be a lingam of Belitung
The island was, however, beautiful.
And studded with a lighthouse from Dutch days
In between the games and activities we had we managed to see a bit of Belitung, which is on the surface a rather dull town with unremarkable modern buildings that belie its rich tin-mining past.
But there are glimpses such as this old Dutch house
Or this colonial building that the neighbours couldn’t tell what it was built for.
There was also a temple, the Hock Tek Che temple near the market that hinted on the Chinese ethnic groups that coalesced around mining towns in Indonesia and Malaysia. Apparently the largest groups are the Hakkas, the Haines and the Hokkiens.
There were also a few shops, again near the market, that echoes traditional trades of the Straits Chinese like this rattan shop.
There was also little recreation in the town. No cinemas or Karaokes that we should see, a small shopping mall that you covered in 10 minutes. Much of the entertainment seemed to centre around drinking coffee at the beach and at coffee shops.
Among the coffee shops Kong Djie stands out as the top hang out spot. There are three outlets, one by the beach, a relatively hip one near a restaurant and ole-olen complex and the original one in town.
When we were there Isyak, the sen of the founder was minding the till and occasionally making the coffee.
He’s a sport though and allowed one of our colleagues to play barista for the afternoon.
Back at our hotel, called the Bahamas Resort (why do they name one exotic tropical beach destination with another) it was time to chill out and bond as an office. We were treated to the great sunsets Belitung offers.
The scene changed with the tide went out.
Two other attractions that Belitung has is the Blue Lake, so called because the kaolin mined in the depleted time mine has given the water a bluish tint.
And of course, there was the famous beach (I forgot the name) where Laskar Pelangi was shot, still. clear waters punctuated by time rounded boulders.
They say that no good deed goes unpunished.
The four young people who had been so moved by the plight of Serang Warteg owner Ibu Saeni try raising money for her over the internet — and was too successful at it — must be savouring the irony of this saying now.
Here’s how the story unfolded: On Wednesday, Serang city authorities cracked down on Warteg owners who had opened for business during fasting hours. One of the wartegs they raided, with reporters in tow, belonged to 53-year old Ibu Saeni.
TV coverage of the raid showed several officers swooping on a hapless Ibu Saeni behind the counter and putting all the food that represented her entire day’s takings into plastic bags to be carried off to an unknown destination.
Shocked and awed, Ibu Saeni broke down into tears.
Not helping things, the city officials had one of their own explaining unsympathetically to the TV cameras that they raided the wartegs because their owners had violated a city regulation not to sell food during fasting hours.
When the incident was aired and reported over TV and other news outlets there was great outpouring of sympathy for Ibu Saeni, and disdain for the officials who were perceived to be picking on the small businesspeople while leaving the more privileged show ones (the larger outlets and chains operating in shopping malls) untouched.
Amid all the chatter on social media arising out of this incident, four young people – Alexander Thian, Jenny Jusuf, dan Yogi Natasukma and Dwika Putra, (Disclosure: Dwika works in my workplace) decided to do something to help Ibu Saeni.
Since they were heavy social media users and influencers in their own right, they naturally turned to the Net to raise money for Ibu Saeni. They had thought that they could raise Rp10 million, maybe Rp20 million, to help her after the trauma she had been through.
So they appealed for donations. Dwika had an account in BCA that he used for his personal expenses. So he emptied that account and used it as a vehicle for accepting donations to Ibu Saeni.
Then the unexpected happened. The response was so good that the four of them were first delighted then shocked as contribution after contribution came in. When the fund ballooned to Rp80 million they began to realise that the money raised after that mark would be better utilised for helping other victims of the raid. So they used social media to tell would-be donors that whatever was raised after that would be disbursed to other Warteg owners who had also been raided by city authorities.
Still the money kept pouring in and when the deadline for the last donations came they had raised a whopping Rp265 million!
They were touched. They were elated. They were amazed by the generosity of their fellow Indonesians. But they were also getting a bit scared an frustrated.
This was because while many Indonesians were praising them and appreciating their initiative to do something instead of merely tweeting or Facebooking about their frustrations, others have been outright mealy mouthed and nasty about their motives.
It would have been fine if these critics questioned whether it was the right thing to do to try to help a woman who had broken city regulations but the bottom line was much lower than that.
The intentions and integrity of the four were questioned. Hiding behind the safety and often the anonymity of their Twitter and other social media accounts these critics started to insinuate against the integrity and intentions of these four.
Some said that they were Christians out to denigrate Islam, Others that they were out to make a name for themselves on the sorrows of Ibu Saeni. Still others questioned whether they were trying to make a profit from the interest accrued from the interest on the Rp265 million before the disbursement,. And some questioned whether they wanted to insinuate themselves into politics.
It is ridiculous. It is petty and totally unwarranted, forcing one of them, Alexander Thian, to address the issue in his Facebook page.
The truth is sometimes very simple until people try to complicate it. My take on this incident is that you have four young people with their hearts in the right places. They wanted to help an old lady in distress and got off their bums to do something about it.
They made an appeal and the response was way beyond their expectations. So now they have to deal with how best to disburse all that money so that it is not only fair but seen to be fair. There is nothing more to it.
Instead of dumping on them these critics should shut up instead and look into themselves to find out where such snarky, petty and ill-willed sentiments come from. Appropriate topics to contemplate during the month of Ramadan, when the aim is for people to become better human beings.
Repost from our office blog:
Maverick is 14 years old today. There is much to be thankful for but primarily for being in this country Indonesia that has allowed us to grow, to experiment with new ways of doing things and to be modestly profitable all these years. Being in Indonesia has meant operating in an environment where the demand for quality services outstrips the supply. From the start we our business acquisition strategy on this belief and focussed on serving only the clients who were serious about their communications. These were clients who could appreciate how crucial communications are to the success of their businesses. Hence they would allocate though human and financial resources to ensure that it succeeded. The dynamic society that is Indonesia is another factor we are thankful for. We have found many of our clients open to experimentation and new ideas. This has allowed us to transition from the “traditional” PR firm focussing on media relations to what we are today, a communications consultancy that knows how to atomise and convert assets between Paid, Earned, Shared and Owned media. We are still some way to being what we envision but we think that we’re close. Indonesia, surprisingly for many, can also be an incredible profitable place to work in. We think that this is because many decision makers are open-minded and honest enough to know what they don’t know, and do not mind paying to plug the gap. But the greatest joy that my partner and I have had over the years is to watch new and tentative graduates morph into highly competent professionals and leaders, even after they leave us. Some have forgotten the values and ethics to go along with the arts of persuasion that we taught them but happily most have not forgotten their roots and have become shining examples that would help spur the next generation of communicators to greater levels of excellence. It’s been a great ride but hey, we are only in our teens. Watch this space for more to come from the Mavbros and Mavchicks, many of whom will be much better and greater in professional prowess, and hopefully great human beings as well, than Lita and I. Now to go to Maverick’s anniversary party and drink to everyone’s health and have a great time.
Source: Turning 14 – Maverick Indonesia