Good lawyer in Ubud Bali ?

Member since 06 July 2015

PhilippeENew member08 August 2016 23:08:28

I built 17 years ago a house in Ubud Bali . This house is in Balinese style 2 levels with a main roof and a small roof all around the house to protect the doors and windows of garden level.
3 years ago I had to change the roof from thatch to tiles .
I have asked a local contractor to make the change. As I am working in Jakarta I came only from time to time to monitor the work. Short after the end of work the small roof collapsed and I discovered that the contractor did not change the wooden structure , and used the old wood that was spoiled after exposition to the rain .
Since that time I have asked the contractor to repair this roof as guaranteed in the contract if any problem happens during 1 year after the end of work. But he keeps promising and finding reasons to not start the work.
2 years of negotiations is too long and I need to start legal action.
If some members of the forum know a good and honest Balinese lawyer ( better in Ubud) I would appreciate to get your advice
Thanks
PE

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Hansson Guest

HanssonGuest09 August 2016 00:31:51

I am by no means an expert in matters like this, but in a small place like Ubud I would personally rather go through a mediator than risk making an enemy of a local contractor. But I am sure Ubudian will give you the necessary advice you require.

Fred Indonesia Expert

Member since 02 August 2009

A smile is the universal welcome.
Max Eastman

FredIndonesia Expert09 August 2016 01:05:40

30549

Check your own status to ensure you legally own the property before considering any legal action.
You could bring a lot of trouble to yourself or even lose it if you don't.
There are very few ways for an expat to own property here, and anything outside the rules could be an issue.

PhilippeE New member

Member since 06 July 2015

PhilippeENew member09 August 2016 03:01:50

Thank you Hansson for your advice .It is wise. Actually I have already talked to the head of banjar but as it is a small village and I am the only expatriate it seems that they don't mind and are not willing to intervene between a "bule" who they think he has a lot of money and a contractor who is part of the community.
Anyway legal action is still my last solution and I will try again to ask mediation from others as RT, RW.
All the best to you

PhilippeE New member

Member since 06 July 2015

PhilippeENew member09 August 2016 03:10:37

Fred wrote:
Check your own status to ensure you legally own the property before considering any legal action.
You could bring a lot of trouble to yourself or even lose it if you don't.
There are very few ways for an expat to own property here, and anything outside the rules could be an issue.

Yes you are right . Actually the land ( and the house) is owned by my wife who is Indonesian.
My will to know a good lawyer is mainly to show to the contractor that I can take legal action but as Hansson said it is better to use a mediator ( who could be this lawyer )

Ubudian Indonesia Expert

Member since 28 January 2013

UbudianIndonesia Expert09 August 2016 05:29:03

3214

I’d give Henny Trisiaty a call and discuss your situation with her:

0813-1759-7383

Fred Indonesia Expert

Member since 02 August 2009

A smile is the universal welcome.
Max Eastman

FredIndonesia Expert09 August 2016 07:16:47

30549

PhilippeE wrote:
Fred wrote:
Check your own status to ensure you legally own the property before considering any legal action.
You could bring a lot of trouble to yourself or even lose it if you don't.
There are very few ways for an expat to own property here, and anything outside the rules could be an issue.

Yes you are right . Actually the land ( and the house) is owned by my wife who is Indonesian.
My will to know a good lawyer is mainly to show to the contractor that I can take legal action but as Hansson said it is better to use a mediator ( who could be this lawyer )

Make sure your prenup is in order so there is no question you own half the property.

PhilippeE New member

Member since 06 July 2015

PhilippeENew member09 August 2016 07:29:48

OK Thank you.I''ll call her

PhilippeE New member

Member since 06 July 2015

PhilippeENew member10 August 2016 15:07:14

Thank you again Roy for giving me the number of Henny. I called her and learned that her office is close to my house . I will meet her when I go to Ubud, may be next week.

Ubodian Member

Member since 16 June 2017

UbodianMember10 December 2018 23:05:17

#10

Hi Ubudian,

Just curious to know if in Indonesia an email is a binding legal document as can be in other parts of the world?

We recently agreed, with a western owner of a residential property, to pay the agreed sum for the sale of this property we have been renting. The terms were agreed upon and we paid a deposit to secure this deal and then right at the last minute, when he was going to pick up some personal items, he renegged on this deal saying sorry, I have changed my mind. Is this acceptable or do we have some legal standing to complete this transaction?

i thought I would ask as you have been here for many years. Hope you can help? Cheers!

Mike

Fred Indonesia Expert

Member since 02 August 2009

A smile is the universal welcome.
Max Eastman

FredIndonesia Expert10 December 2018 23:11:39

#11

30549

You've been lucky.
The whole transaction would have been illegal as Australians can't legally own land in Indonesia.

Ubodian Member

Member since 16 June 2017

UbodianMember10 December 2018 23:32:21

#12

Hi Fred,

The land's current lease is until 2036 with a 30 year option so it was the house that we were to purchase which my understanding is legal. The lease was just going to be transfered which I believe is also the procedure.

Mike

Fred Indonesia Expert

Member since 02 August 2009

A smile is the universal welcome.
Max Eastman

FredIndonesia Expert11 December 2018 00:25:56

#13

30549

A lease is fine but remember you never own the land and anything on it is likely to be a total loss at the end of the lease

Ubodian Member

Member since 16 June 2017

UbodianMember11 December 2018 00:45:04

#14

Hi Fred,

Thanks for that and well aware of that situation. That's why having such a long lease still makes it a saleable item in a few years or just hand it down to family. Thanks Fred!

Mike

Ubudian Indonesia Expert

Member since 28 January 2013

UbudianIndonesia Expert13 December 2018 00:54:40

#15

3214

Hi Mike,

I just now spotted your post asking me about the legal standing of e-mails within Indonesian law.

It is my understanding that insofar as contract law goes, no, an e-mail would not have any legal footing. Binding contracts require a legal agreement executed by a notaris with full signatures and a meterai (duty) stamp.

Given your situation, you might call Henny Trisiaty who is an excellent local attorney with lots of experience representing expats. I haven't had the need to speak with her in quite a while, so this phone number may, or may not be current: 0813-1759-7383.

Good luck...and just a quick suggestion for the future...you might try individual private messages to get the attention of a specific poster here.

Cheers!