Legal Aspect of Right to Cultivate (HGU) and its Regulation
Posted by admin in Right to Cultivate on April 30, 2013
Definition and Legal Basis
Based on Article 28 paragraph (1) Law No. 5 of 1960 on Basic Provisions on Agrarian (“UUPA”), Right to Cultivate is the right to cultivate the land which is controlled by the state, in certain period of time, for farming, fisheries, or animal husbandry (“HGU”). Besides UUPA, other regulations which stipulate about HGU is Government Regulation Number 40 of 1996 on Right to Cultivate, Right to Build, and Right to Use over Land (“GR No. 40/1996”). Further stipulation about HGU is regulated in GR No. 40/1996.
Subject of HGU
Only (i) Indonesian citizen and (ii) legal entity which is established under Indonesian Law and domicile in Indonesia can own HGU. If the holder of HGU is not qualified as Indonesian citizen and as Indonesian legal entity which is domiciled in Indonesia, then in 1 (one) year period the holder of HGU shall release or transfer the HGU to the other party who is qualified. If the HGU is not released or transferred, the HGU shall expire and the status of land will become the state land.
License of Property Development in Indonesia
Posted by admin in Property Law on November 20, 2012
A Land Acquisition and Licensing for Property Development in Indonesia
Posted by admin in Property Law on November 20, 2012
Reviewing Implications of Indonesia’s New Condominium Law on the Property Industry
Certificate of Feasible Function under Local Regulation of DKI Jakarta Number 7 of 2010 on Building
Posted by admin in Summary of Regulations on October 1, 2012
Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction license including maintenance, and periodic inspections activity. Building utilization can only be performed after the owner of the building obtains Certificate of Feasible Function. Certificate of Feasible Function hereinafter called SLF means certificate which is granted by Local Government against the building that has been completed and has met the requirement of feasibility function based on examination’s result of building’s feasibility function as a requirement to be utilized. (Article 1 number 16 Local Regulation of DKI Jakarta Number 7 of 2010 on Building).
To get SLF a person must submit a written request to the Head of Department which is responsible in supervision and control of the building. Written request which is submitted must be attached with some documents, as follows:
a. Identity Card (KTP)
b. Taxpayer Identification Number (NPWP)
c. Certificate of land
d. Building Construction License (IMB)
e. Maintenance report or technical building assessment report
f. As built drawing building
Leks&Co’s Recommendation
Contact Our Lawyer
GET FREE EBOOK DOWNLOAD:
The Real Estate Law Review - Indonesia Chapter
Click the social media icon to download
-
Expert Blog at KONTAN- Akhirnya, Undang-undang Lembaga Keuangan Mikro DiterbitkanSudah banyak didengar bahwa sistem perbankan di Indonesia, bahkan pada umumnya di dunia, seolah-olah dirancang untuk anggota masyarakat atau badan hukum yang dianggap memenuhi persyaratan untuk memperoleh kredit dari perbankan (bankable). Dalam kenyataannya, tidak semua anggota masyarakat atau badan hukum mampu memenuhi persyaratan untuk memperoleh kredit, b […]
- Akhirnya, Undang-undang Lembaga Keuangan Mikro Diterbitkan
