Field of Practice
Scope of Law
How does Sri Kresna Duta help you solve your legal problems?
Sri Kresna Duta Lawyer serves legal problems in both civil and criminal forms.
With more than 30 years of experience in the field of legal advocacy, Sri Kresna Duta has handled several civil and criminal legal cases both at the District Court, High Court (Appeal) and Supreme Court (Cassation) levels. SKD also provides consultations on Customary Law and National Law.
Land Disputes & Inheritance Rights
Nowadays, land is a very valuable asset, so various land rights conflicts are very possible (potential)/quite common. Land rights based on Law No. 5 of 1960 concerning Basic Agrarian Principles include ownership rights, customary rights, business use rights, building use rights, use rights, lease rights, land clearing rights, rights to collect forest products, and other rights.
Land disputes are very likely to occur between people (person to person), between individuals and legal entities, between customary institutions and legal entities, or legal entities and legal entities. In addition to land disputes, there are also inheritance rights disputes that arise as a result of the inheritance process from the testator to the heir.
Inheritance rights disputes involve individuals (heirs) with individuals or civil legal entities.
For more details, SKD opens up space for consultation regarding land disputes and inheritance rights.
Legal Entity Disputes
A legal entity is an organization or association established under the law (with an authentic deed) and in law has the position of a person who has rights and obligations. Examples of legal entities include:
- Limited Liability Company (PT) as regulated in Law No. 40 of 2007 concerning Limited Liability Companies
- Foundations as regulated in Law No. 16 of 2001 concerning Foundations in conjunction with Law No. 28 of 2004 concerning Amendments to Law No. 16 of 2001 concerning Foundations
- Cooperatives as regulated in Law No. 25 of 1992 concerning Cooperatives in conjunction with Law No. 6 of 2023 concerning Job Creation
In the course of the operation of a legal entity, it is not uncommon for there to be disputes over rights between legal entities and individuals or with customary institutions.
For more details, SKD opens up space for consultation regarding legal entity disputes.
Unlawful Act Dispute
There are various types of disputes in the legal field, one of which is Unlawful Acts (abbreviated as PMH). PMH is an act against written or unwritten legal principles that exist in society. Unlawful acts are regulated in Article 1365 of the Civil Code which contains elements that must be met in filing a lawsuit, including:
- First, there is an unlawful act
- Second, there is evidence of error
- Third, losses
- Fourth, there is a causal relationship between the unlawful act and the loss
For more details, SKD opens up space for consultation regarding unlawful act disputes.
Divorce Dispute
In a marriage, of course, the goal is to be able to establish a happy and eternal family (household) based on the Almighty God. However, this noble goal cannot always be achieved. A divorce dispute is a problem between a husband and wife in a marriage that has been carried out legally according to law.
In a divorce dispute, the presence of an advocate/legal advisor has an essential role because divorce disputes have various legal consequences (rights and obligations) that arise. For example, child custody, marital property (marital property), and others.
For more details, SKD opens up space for consultation regarding divorce disputes.
Customary and Religious Law Consultation
Law as a guideline in community life, of course, has a very broad scope. Law is not only stated in national law (statutory regulations), but also stated in the form of customary law (customary law). Customary law has an important role in resolving a case, especially for cases that do not have a written basis in national law.
The existence of customary law is strengthened by a legal postulate “ius curia novit” which means that the judge knows the law, or in other words, a judge may not reject a case submitted on the grounds that there is no law that regulates it. Thus, the judge must explore the law that lives in society (customary law).
For more details, SKD opens up space for consultation regarding customary and religious law issues.
National Legal Consultation
Law in regulating various aspects of community life requires national legal instruments (statutory regulations) to provide legal certainty. National legal principles are set out hierarchically in TAP MPRS Number XX/MPRS/1966 which has been amended to Law No. 12 of 2011 concerning the Formation of Statutory Regulations.
The order of these statutory regulations includes (1) the 1945 Constitution of the Republic of Indonesia, (2) MPR Decree, (3) Law/Government Regulation in Lieu of Law, (4) Government Regulation, (5) Presidential Regulation, (6) Provincial Regulation, (7) Regency/City Regulation.
Statutory regulations sometimes contain vague formulations, or even contradict each other. For more clarity, SKD opens up space for consultation regarding national legal issues.
