Legal Opinion; Definition, Benefits, And Case Examples: Rarely Practiced In Indonesian Law

JAKARTA - Legal opinion is a legal term that is still unfamiliar to some Indonesians, especially those who are unfamiliar with the world of law. In a court of law, a legal opinion is a legal opinion by a legal advisor.

Legal opinion is still rarely practiced in Indonesia. The tradition of legal opinion originates from a country that adopts the Anglo Saxon system, namely the United States. Therefore, this practice is rarely applied in countries with a commom law system, such as France and Indonesia.

Whereas legal opinion has an important role in solving cases of unlawful acts, both civil and criminal law cases. Starting from cases of fraud, divorce, licensing, corruption cases.

But before going any further, let us first understand what a legal opinion is and how it is applied.

Definition of Legal Opinion

Legal opinion is a legal opinion or opinion that is entitled to be conveyed by a legal advisor / consultant. The legal advisor issues a legal opinion after conducting due diligence or due diligence on the entity / institution / company concerned.

Due diligence itself is a series of investigations or audit processes carried out by legal advisors to the entity or object of the transaction. The purpose of due diligence is to obtain material evidence and information that can be used to assess the condition of the transaction object.

Legal Opinion Benefits

Legal opinion has several benefits for the company or object of transaction.

· Legal opinion can be used by management to make material decisions regarding the entire transaction to be carried out by the company.

· A legal opinion can alert the company to a legal error in the transaction or in the legal aspects of the company. This is because legal opinions do not convey favorable or unconditional opinions.

Legal Opinion Elements

The implementation of legal opinion consists of several elements. Here are the elements:

Sit Case

This stage is a part that briefly describes the problem the client is facing. The legal advisor will listen to the client's narrative carefully, write down important parts of the problem, especially those related to law.

Legal basis

In this stage, the rules related to the sit-in will be explained. The legal basis used can be laws, jurisprudence, international treaties, doctrine to customs.

Recording of this legal basis requires careful problem identification skills. This is because the legal basis is an important grip on the issues that the client raises.

Legal Opinion

This stage is at the heart of all sections of legal opinion. The results of the legal counsel's analysis of the issues raised by the client are written at this stage. The results of the analysis must be linked to the legal basis that has been previously identified.

In this stage, the legal advisor must state in detail which provisions and articles are contradictory, including the legal consequences that will be received by the client.

Conclusion

This stage is part of the conclusions and recommendations that legal advisors provide to clients. A summary of the results of the previous analysis is provided here.

Parties Requiring a Legal Opinion

Basically, anyone or all groups can have the right to use this legal opinion. Whether it's from individuals, community groups, private agencies, government companies or certain interests.

Used by the Community as Advice

The public can use legal opinions as advice when experiencing certain problems. For example, when the government issues a new policy due to political or legal conditions. However, this regulation received resistance from the community, causing chaos.

Those who are concerned about these problems can go to a legal advisor or advocate for a legal opinion. Later, the legal advisor will issue a legal opinion that matches the issues raised and is related to the rule of law in Indonesia.

Warring Parties

Legal opinions can be submitted by the parties in dispute. Defendants can seek legal opinion from lawyers to help resolve the problem. For example in the case of environmental pollution by factories.

People who feel that they have been harmed by the factory's activities can come to an advocate for a legal opinion. This step can be taken before bringing the case to court.

Legal Opinion Case Example

The Governor of DKI, Anies Baswedan, asks the Attorney General to recommend the continuation of the ERP auction

On March 3, 2020, Anies Baswedan canceled the Electronic Road Pricing (ERP) auction process. The auction was canceled because two auction participants resigned. PTUN Jakarta asked Anies to continue the ERP auction.

Anies then asked for a recommendation from the Attorney General's Office regarding the continuation of the ERP auction. As a result of a recommendation from the AGO, Anies was asked to participate in the auction process, but this right was not mandatory.

The Komodo Hotel Asset Management Case

The District Prosecutor's Office in Bima, West Nusa Tenggara, is examining the case for the management of Hotel Komodo. Previously, this issue had already been discussed in the legal opinion from the civil and state administration (datun) sector of the prosecutor's office.

The results of the study stated that the cooperation period for these assets had expired. The management of these assets should have been returned to the Bima Regency Government.

Polemic of Pre-Employment Card Program

In June 2020 several parties asked for the Pre-employment Card program to be stopped. The program is considered to have involvement in corruption cases. The KPK issued seven recommendation points to the government for the implementation of the program. On the third point, the KPK urges the government to ask for a legal opinion from the Attorney General's Office,

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