Retainer Contract
The Retainer Contract is offered as a means to best assist clients who want to contact a law office on a regular basis utilizing the know-how of Farida Law Office but also wanting to keep legal fees at a reasonable level. Retainer Clients can also access Farida Law Office's know-how on management, questions on Indonesian customs, culture or Islam as part of the retainer contract. In Indonesia, all the official document including letters is written in Indonesia Language and its wording style is literary using legal terms, but not in colloquial style. So, its reply has to be drafted up using literary style of the Indonesian Language. It might be from such difference between Literary and Colloquial style that the most suffering items for Indonesian student who enters Legal Faculty is said to be learning Indonesian Language. Additionally, the wording used in Law is mostly not common for ordinary Indonesian citizens to understand. Therefore, there are many cases happen in the daily business world that cannot be understood, despite trying to clarify those questions with colleague members of the office or with government officials but each people has different view or interpretations.
Furthermore, under the Republic of Indonesian Law No.24 year 2009 Regarding National Flag, Language, Emblem and Anthem, all the agreements including international contract is obligated to write in Indonesian Language, and in case the contract is not written in Indonesian Language, the contract itself becomes null and void, which consequently, becomes invalid under the Civil Code. Further, if we leave the matter untouched due to the reason that one cannot understand a letter from Government Office, it will result in big losses and damages since there are some actual cases such as some sanctions and penalties from Government Authorities, or that the verdict has been issued without knowing that they were sued.
WHAT SHOULD WE DO TO PREVENT THOSE PROBLEMS?
As the solution, having a regular consultation to law office is the best way comparing consulting to another neighborhood company or directly hiring law faculty graduates or lawyers which have limited knowledge/experience of law and as a result the costs is much higher. Especially in case the management personal of a company is a foreigner, proper understanding and its implementation of Indonesian law is difficult task by self-learning. It is necessary to get advices from proper and capable law office.