Having the right legal advice and services can save you time and money. Our lawyers are well-versed in the rules and regulations of Indonesia and how it applies to both Indonesians and Foreigners.
Our group of lawyers is strategic, specialized, and solution-driven, we understand the needs of our clients and can adapt to the changing environment and circumstances. Flexibility is the key.
Our lawyers provide 360-degree creative and strategic solutions.
PT. PMA (100% Foreign owned)
Starting a Business in Bali Indonesia can be overwhelming – You must get it right the first time to avoid costly financial mistakes.
- Where to start
- How to apply for immigration for foreign investment and work KITAS (Visa)
- What document do you need to successfully set up your commercial business cost effectively without the trap of paying unqualified agents claiming to be able to set your business and visas with often adverse personal and financial consequences
- Our experienced lawyers provide a 360-degree experience in setting up your business
- We set up your business, and structure shares.
- We help you identify your unique Klasifikasi Baku Lapangan Usaha Indonesia (KBLI) licenses to comply with the Indonesian Standards of Industry Classification need to operate your business
- We apply to the government for business and personal NPWP tax file number
- Establish your online single submission (OSS) government electronic reporting system.
- Establishing signed Domiciliary – Surat Tanda Lapor Diri Orang Asing (Foreigner Self-Report Certificate) and Surat Tanda Melepaskan (Certificate of Police Registration)
Indonesian immigration law regulates the entry and exit of non-Indonesian citizens who must have a valid residence permit to stay or settle in Indonesia. MH Law Firm provides you with easy access to immigration, the visa processing. We provide application and support to immigration on your behalf and are with you every step of the way.
- Investment KITAS (Visa) 24 months renewal
- Work Visa combined with a work permit valid for up to 12 months with renewal through company sponsorship
- Spousal Visa
- Retirement Visa (Age of 55 years and above)
Legal Maintenance Agreements
Legal advice and services can be costly in Indonesia. Malekat Hukum’s commitment is to provide our client with cost effective access to our inhouse legal counsel and protection 24/7. Our clients protection is paramount, where safety and a right to live and work on the island of Bali is our number one priority to ensure that both personal and commercial interests are taken care of.
We provide responsive legal counsel service through our maintenance platform offering a 12-month agreement.
By entering our inhouse maintenance services we deliver a tailored legal client first approach agreement that outlines the services and supports offered.
Our inhouse services provide mediation, establish needs base contracts and ongoing agreements for our clients this includes consulting and strategic advisement.
Critical response legal services. Often Expatriate encounter incidences or have an accidence in Bali and the broader Indonesia. This can be costly and consequential challenge for foreigners in contact with authorities as result of accident or other that has affected an local or foreign resident. Our lawyers are first responders. We provide our clients with our central number to provide a 24/hour services.
Our fees are charged months, quarterly or yearly upfront you can call to request our fee schedule.
Litigation in Indonesia is a process in which a person or entity takes a dispute, case to court, or complaint and settles claims known also as lawsuits, and the terms usually refers to civil court trials. They are used especially when disputes or complaints cannot be resolved by other means.
- MH Law Firm provides our clients with experience in litigation, arbitration, and mediation
- Our main dispute resolution methods are used to resolve commercial disputes by applying several options for the resolution of commercial disputes.
- Court litigation. Commercial disputes are private and therefore fall within the jurisdiction of the general court system
- Arbitration. Indonesian Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Arbitration and ADR Law) expressly provides that arbitration in Indonesia can only be used either: In commercial cases; or if the parties have agreed in writing to resolve their disputes through arbitration.
Mediation. Mediation is mandatory before any court proceedings (court-annexed mediation). The use of mediation is also encouraged as a voluntary means to resolve disputes before resorting to litigation or arbitration. MH Law Firm will organize dispute resolution mediating the dispute up to three times. If the matter cannot be resolved, we will help and prepare civil court matters. (Fees are scheduled with the client and an engagement agreement is signed and completed).
Real Estate Law – Land and Property
Our legal services include the term and types of real estate, outlining for the client the laws that govern real estate transactions, making applications and registering land and property IMBs, conveyance, leasing liaising with authorities that manage the registration of titles
- Finding the types of Land and property titles for foreign and Indonesian buyers and investors
- Selling your real estate – setting up buy-sell agreements.
- Title search and due diligence land ownership and land tax inquiry
- Land zoning status
- Land title conversion and zoning consultancy
- Land and property agreements
- Project contractual agreements
- Leasing agreements
- Land and property disputes
- Advisory to our clients on the laws that govern real estate transactions, how the land registration system works, consulting with the authority who manages the registration of the titles establishing foreigner ownership and reviewing nationality restrictions, how can real estate be held, establishing structures used in investing in real estate, real estate funding transactions and the production of documentation to the transaction, land taxation, protecting and risk mitigating clients from inheriting land and property liability
- Prenuptial Agreement between Indonesian citizens and foreign nationals
- Postnuptial Agreements
- Divorce matters between Indonesian and foreign nationals
- Family law and children first mediation – Family Dispute Resolution (FDR)
- Asset division and drafting agreements
- Legal court proceedings
- Protect from Domestic Violence – court order applications
We manage Probate as the proceeding of establishing the validity of the last will. In Indonesia, it is called “Balai Harta Peninggalan” (BHP). The last will must be submitted to the probate office within the jurisdiction of the available inheritance.
Power of Attorney
- The Power of Attorney (POA) is known in Indonesia as a Surat Kuasa it is used by MH Law Firm to act legally on behalf of a person/s business and personal matters to deal with and communicate directly to key authorities this may be immigration, police, manage legal, mediation matter, coordinating documents between authorities and banks
- The client signs the POA clearly outlines in its document agreement the specific powers agreed upon with the client to act for them in a particular situation.
We develop key contractual agreement documentation to run your business and need for personal agreements in basic term sheets and memorandums of understanding
We also manage:
- Transactions, contract drafting, employment agreements, analyzing terms of agreements, negotiations, business registration with Indonesia, and compliance management.
- Non-disclosure and confidentiality agreements
- Incorporation of companies and registration of businesses
- Shareholder agreements
- Employment agreements
- Land and property purchase (leasing agreements)
- Company and property sale agreements
- Employment and independent contractor contracts
- Guarantee / Indemnity agreements
- General terms of sales (e.g., for delivery orders)
- Loan agreements
- Intellectual property
The main sources of employment law in Indonesia are driven by Law No 13 of 2003 on Manpower as amended by Law No 11 of 2020 on Job creation (‘Manpower Law”). Law No 2 of 2004 on Industrial Relations Dispute Settlements (“IRDS Law”); and Law No 21 of 2000 on Employee /Labour Union (“Labour Union Law”). MH Law Firm provides Human Resource Management Legal services in the establishment of employment contracts, hiring, and dismissing.
We work with our clients to establish
- Terms and conditions of Employment
- Employee Representation and Industrial Relations
- Maternity and Family Leave Rights
- Business Sales
- Protecting Business Interests Following Termination
- Data Protection and Employment Privacy
- Court Practice and Procedure
Commercial and Corporate Business Law
What is the difference between commercial and business law?
- Commercial/trade law focuses on the sale and distribution of goods, as well as the financing of certain transactions applying to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales
- Corporate/Business law focuses on the other aspects of business, including forming a company, mergers and acquisitions, shareholder rights, and property issues such as leasing office or warehouse space including the function and operations of the entity.
We provide legal and strategic advisory around your commercial and corporate/business/law activities.
Liquidation & Insolvency Law
- MH Law Firm has specialist Law practitioner partnerships in place to collaborate with our clients on liquidation and insolvency matters.
- With the client, we assess the options and provide a recommendation to determine the best possible action to protect our client’s interests.
- MH Law Firm will work with our clients to protect personal and commercial interests any threat from other persons and businesses will be managed in accordance with the best options available.
- Tax law is complex from personal to commercial tax structuring is critical to risk mitigate tax burdens. The area of Indonesian tax is highly specialized
- We have set up an approved tax specialist that will work with our clients in coordination with MH Law Firm.
Intellectual property (IP) Law
- Intellectual Property law deals with laws to protect and enforce the rights of the creators and owners of inventions, writings, designs, and other works, known as “intellectual property.” There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets.
- We provide strategic regional Indonesian and international IP, copyright, trademarks, patents, and trade secrets and legal protection.
MH Law Firm has a form Memorandum of Understanding with PT. MSR Global Trading who are our strategic advisory partner together we manage law and specialized consulting and provide the following specialized Services
- Business structuring and resetting
- Business-to-business interfacing
- Partnership development
- Business solutions and consultancy
- Resetting business for sale (procurement, acquisitions, and mergers
- Refinancing/ investment
- Private equity investment
- Joint venture and capital investment
- Project development and advisory
- Business mentoring
- Relocation services – Foreigners want to establish a point-to-point consultant to strategically manage the transition from their country of origin to Bali Indonesia. – Managing business set-ups, working with MH Law Service on KITAS, stay permits, the school setup, sourcing private residence and commercial property, introductions to banking systems freight forwarding, and orientation to Bali.
We have two distinct service delivery pathways with two modes of fee-for-service options available for clients
- We can tailor-make your lawyer portfolio.
- Our clients are allocated a personal lawyer
- Providing personalized and immediate services available 24/7 working with you to take care of your legal protection.
- If you may find yourself in an accident, or circumstance that may be compromising to you, where police or other authorities are involved we will have access via your lawyer and a number to call who will immediately advocate and deal with the matter on your behalf to ensure your Human Rights are our highest priority.
- Lawyer works with the client on all commercial business
- Provide professional legal advice in all areas of the business life cycle – refer to our list of services
- Our fees are competitive and transparent. We ensure that our client understands our schedule of fees before we provide advice or services.
- We consult with the client on their needs and tailor-design their legal package.
- The client-informed decision-making is our highest priority.
- Our fees are charged upfront supported by our engagement letter outlining our service package and quote to ensure both client and MH Law Firm are on the same page, and both understand the expectations of the client/lawyer relationship.
There are two types of service fees
- Time billing, and specialist legal services that are quoted to the client on a needs-by-needs basis where we quote, provide the service, and close the case.
- We provide a maintenance month-by-month in-house lawyer fee for the service program set out in our mutual agreement to bill an agreed amount each month for 12 months.
- This works for many clients who need ongoing legal advice and services around their business.
- Some of our clients chose maintenance for their legal requirements also.
- Our maintenance month-by-month program provides continuity of legal in-house legal services enabling the client to have access to their lawyer 24/7 in the case where they need their lawyer for personal and commercial matters. We provide a maintenance agreement that outlines your and your lawyers’ expectations
- The Maintenance agreement may involve in-house mediation, review, facilitation, and implementation of legal documents to meet your everyday needs. The legal service package is set and outlined in MH Law Firm Agreements.
- In the matters where there is litigation or services not identified in the tailor-designed legal package will fall
- outside of the in-house client-lawyer agreement, we will provide a quote to complete our legal services to you.