Menjadi pengacara di Belanda: kapan suatu profesi diwajibkan?

Whether you need a lawyer in the Netherlands depends on the court and the type of case, not on how serious the matter feels. Before the subdistrict court (kantonrechter) and in administrative cases you may act yourself; before the district court (rechtbank), on appeal and in cassation, representation by a lawyer (advocaat) is generally compulsory. The main exception: a defendant in summary proceedings may appear in person.

If representation is compulsory and you file without a lawyer, the court will not deal with your claim.

Kapan Anda membutuhkan pengacara dalam kasus perdata?

It depends on whether the subdistrict court or the district court hears the case. You may conduct your own case before the subdistrict court; before the district court you need a lawyer.

Under Article 93 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv), the subdistrict court hears claims of up to €25,000. It also hears employment, tenancy, consumer purchase, consumer credit and agency disputes, whatever the amount. Everything else goes to the district court, where a lawyer is compulsory, as it is at the court of appeal (gerechtshof) and the Supreme Court (Hoge Raad).

Apakah proses ringkas merupakan pengecualian?

Partly. In summary proceedings (kort geding) before the district court the claimant needs a lawyer, but under Article 255 Rv the defendant may appear in person. The defendant may not be represented by someone who is not a lawyer.

Appearing alone against an opponent with a lawyer is rarely wise. Summary proceedings move fast, often within weeks, and the judge decides on what is put forward at a single hearing.

Kapan Anda membutuhkan pengacara dalam kasus pidana?

In certain situations the state assigns a lawyer to you automatically, for example when you are brought before the examining magistrate (rechter-commissaris) or held in pre-trial detention (voorlopige hechtenis).

An assigned lawyer is not always free. According to the Dutch judiciary (rechtspraak.nl), since 1 March 2017 the costs can be recovered from you if you are able to pay and are finally convicted. For anything beyond a minor matter, a lawyer checks the file, the evidence and the procedure that the Public Prosecution Service (Openbaar Ministerie) relies on.

Apakah Anda membutuhkan pengacara dalam kasus administratif?

No. In administrative matters you may act for yourself throughout, including in court and on appeal. This covers objections against decisions of the IND, a municipality, the Tax Administration (Belastingdienst) or the UWV.

Many people succeed on their own at the objection stage, where the issue is often factual. Advice becomes more valuable when the decision turns on a legal test, a discretionary assessment or European law. The objection period under the General Administrative Law Act (Awb) is generally six weeks and is strictly applied.

Apakah Anda membutuhkan pengacara dalam proses hukum keluarga?

Yes, as a rule. Family cases start with a petition (verzoekschrift) to the district court, and under Article 278 Rv such a petition must be signed by a lawyer, unless it is filed with the subdistrict court or a statutory exception applies.

This covers a divorce petition and, generally, applications about parental authority, contact arrangements and maintenance. With a joint petition (gemeenschappelijk verzoek), one lawyer can file for both spouses. A mediator can help you reach agreement, but cannot file the petition with the court.

Berapa biaya pengacara, dan siapa yang dapat membantu membayarnya?

There are two main routes to help with the costs: subsidised legal aid and legal expenses insurance.

• Bantuan hukum bersubsidi: if your income and assets fall below the statutory thresholds, the Legal Aid Board (Raad voor Rechtsbijstand) pays part of the lawyer’s fees. You pay a personal contribution that depends on your income.
• Asuransi biaya hukum: once judicial or administrative proceedings start, you may choose your own lawyer under Article 4:67 of the Financial Supervision Act (Wft). Your policy may cap the reimbursement for an external lawyer, so check its conditions.

What should you check before you start?

Four questions decide whether you need a lawyer and what it will cost.

• Which court hears your case: the subdistrict court (up to €25,000, or an employment, tenancy or consumer case) or the district court?
• Is it a petition in family matters that must be signed by a lawyer under Article 278 Rv?
• Which deadline applies, such as six weeks for an objection?
• Do you qualify for subsidised legal aid, or does your legal expenses insurance cover the case?

What can we do for you in court proceedings?

Our litigation work is described on our pengacara perdata page; concretely:

• We tell you which court has jurisdiction and whether representation is compulsory.
• We draft and file the writ of summons or petition with the district court.
• We prepare you for a hearing before the subdistrict court if you conduct the case yourself.
• We draft an objection within the six-week deadline.
• We check whether your legal expenses insurer will reimburse our fees.

Ringkasan

• Before the subdistrict court (claims up to €25,000, and employment, tenancy, consumer and agency disputes) you may act yourself.
• Di hadapan pengadilan distrik, dalam banding dan kasasi, pengacara umumnya wajib hadir; terdakwa dalam proses ringkas dapat hadir secara pribadi.
• In administrative cases a lawyer is not required, but advice helps when the legal test or European law is decisive.
• Perceraian dan sebagian besar permohonan keluarga lainnya harus diajukan oleh pengacara; mediator tidak dapat mengajukannya.
• Bantuan hukum bersubsidi dan asuransi biaya hukum dapat mengurangi biayanya.

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