The lives of foreign nationals (warga negara asing/WNA) in Indonesia are not free from legal problems. Both in business activities and in personal life, foreigners who are within the territory of Indonesia have rights and obligations in accordance with the law of the Republic of Indonesia as legal subjects.
We have examined legal cases affecting foreigners of South Korean nationality since 2020 in order to study trends in legal problems over the last 5 years. In general, the legal problems most often faced by Koreans in Indonesia most commonly involve corporate and private activities. We recorded 18 cases related to business activities, 9 cases of personal legal matters, and 2 criminal cases. Knowing the trends in legal problems can be an important lesson for foreigners with interests in Indonesia. In this regard, it is especially important for increasing the legal awareness of South Korean citizens.
Interests related to business activities cover nearly two thirds of the total of 29 Indonesian court decisions concerning legal problems involving Koreans in Indonesia over the last 5 years. These interests consist of disputes over the validity of a company’s General Meeting of Shareholders (Rapat Umum Pemegang Saham/RUPS) and disputes related to share ownership (saham) that are subject to the laws concerning Limited Liability Companies (Perseroan Terbatas/PT) in Indonesia. There are also disputes over unlawful acts (perbuatan melawan hukum/PMH) and breach of contract (wanprestasi/tort) in contractual relationships regulated in the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPer), as well as the protection of the rights of business actors related to business activities such as trademarks (Law Number 20 of 2016 on Trademarks and Geographical Indications) and trade secrets (Law Number 30 of 2000 on Trade Secrets). In addition, tax issues also deserve attention. Taxation covers approximately one fifth of the total number of legal problems found, where the ability to protect the rights of business actors to defend themselves against unlawful corrections by the Directorate General of Taxes (Direktorat Jenderal Pajak/DJP) is important for foreigners to know.
Legal certainty regarding personal interests such as marriage and residency is the next most common matter to be found, after business activities. This accounts for approximately one third of the total number of registered matters found. Disputes over divorce, child custody, marriage validation (itsbat nikah), and legal name changes are the most common factors that may bring Koreans to deal with the Religious Courts (Pengadilan Agama) or the District Courts (Pengadilan Negeri) in Indonesia.
In addition, foreigners also need protection from criminal acts and violations of their rights. In the legal problems studied, interests related to this protection cover law enforcement based on Law Number 23 of 2004 on the Elimination of Domestic Violence and the regulations set out in the Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP). Maintaining awareness of criminal regulations and the courage to report criminal acts are important in order to ensure that human rights are upheld by the law, including for vulnerable groups such as foreigners.
The ability to protect your rights and demand that others perform their obligations begins with legal awareness. Although there are limits between the rights under procedural law that apply to all legal subjects and the constitutional rights that are enjoyed specifically by Indonesian citizens, learning Indonesian law remains beneficial for foreigners. The examination of legal cases affecting Koreans in Indonesia has shown tendencies of legal problems occurring that are mostly related to business activities, family interests, and the legal rights of foreigners in Indonesia. Like Indonesian citizens, foreigners will also benefit from knowing the law governing their rights and obligations when engaging in activities in Indonesia.
