Legal Opinion: Definition, Function, Structure, and How to Prepare

Have you ever doubted when you want to sign an important contract? Or anxious when faced with a legal issue but do not know what steps should be taken? To answer the problem, Legal opinion present as a solution. However, what is that Legal opinion? This article will be discussed thoroughly about the definitions, functions, structures, and ways of preparation of effective legal opinion.

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What’s that Legal opinion?

Legal opinion is a written document made by a lawyer/legal consultant containing a legal opinion on a problem/legal event faced by related parties in accordance with the facts that are studied both partially, impartially, gradually, or crucially.

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Functions and goals Legal opinion

In legal practice, Legal opinion has a crucial role because it functions to provide legal opinions or input to those who receive Legal opinion to be used as the main basis in addressing and finding a way out or as a problem solving for a legal event that is being experienced.

The main purpose of Legal opinion Among them is to describe a legal contextual both implicitly and explicitly and provide a clear picture of the real conditions of a legal situation. Legal opinion In civil law also often used as a prerequisite or main consideration in various types of transactions, especially in the business and financial sectors.

Therefore, Legal opinion Not only provides a deep understanding of the recipient, but also acts as a guarantor of legal certainty and risk mitigation instruments, so that every step taken has a legal basis that can be accounted for.

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Structure Legal opinion

In preparation Legal opinionThere is no standard format that definitely regulates the structure of the writing. But there are some important points that must be inside Legal opinionincluding:

1. Introduction
2. Problem solving tree
3. Materials related to existing problems
4. Legal basis and related laws and regulations
5. Fact description
6. Legal analysis
7. Legal opinion
8. Conclusions and recommendations

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How to set Legal opinion effective

Preparation Legal opinion What is clear and easy to understand is the key so that the recipient can understand and utilize the legal opinion optimally. Legal opinion Effective not only must be legally accurate, but also conveyed in a concise, structured, and easily understood language by the interested parties. Here are some ways to arrange Legal opinion effective:

1. Understand the whole background, problem, and purpose you want to achieve client.
2. Identifying and analyzing legal facts using the Indonesian legal basis as a basis for consideration.
3. Draw conclusions and clear and objective recommendations, without providing guarantees for the occurrence of a situation for one party.
4. Arranged with a systematic and easy to understand structure.
5. Presented honestly, completely, and accurately by using clear, firm, and straightforward language

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Type Legal opinion

Based on the Indonesian legal doctrine, there are several types Legal opinionthat is:

1. General law opinion (General legal opinion), namely general and comprehensive legal opinions regarding a particular legal issue or issue.
2. Transaction law opinion (Transactional Legal Opinion), which is a legal opinion that is often encountered in the business world to support or assess the validity of a business or financial transaction, such as acquisition, mergers, financing, or publishing securities
3. Legal Opinion Regulations/Compliance (Legal Opinion Regulation/Compliance), namely legal opinions that focus on compliance with certain legislation and sectoral regulations.
4. Reasonable opinion (Reasoning), namely legal opinions compiled with structured and logical legal arguments, supported by in -depth analysis of facts, regulations, doctrines, and jurisprudence.

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Legal opinion in legal practice in Indonesia

In legal practice in Indonesia, use Legal opinion Very diverse. Besides being used to determine legal steps when a problem occurs, Legal opinion It is also needed as a legal advice related to compliance with laws and regulations, analysis of business agreements, to opinions on the legality of the actions of a corporation such as mergers, acquisitions, or publishing securities.

For example, in the sale and purchase of company shares, banks that provide large amounts of financing, or investors who will invest, will generally ask Legal opinion From the seller or company target to ensure that the transaction is valid, in accordance with applicable legal provisions, and free from hidden risks that can be detrimental in the future.

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(This article has been edited by the perqara editorial team)

Reference

1. Abraham Amos, Legal Opinion: Theoretical and Empiricism Actualization, Jakarta: PT Raja Grafindo Persada, 2005.
2. Syahrul Sitorus, “Legal Opinion (Legal opinion) and the proper test in terms of law (Legal Complete Test), Journal of Wisdom, Vol. 15, No. 2, (2018).
3. Ery Agus Priyono and Cornelius Benuf, “Position Legal opinion as a source of law “, Journal of Legal Voice, Vol. 2, No. 1, (2020).