Archive for category Building
Legal Aspects of Building According to Law Number 28 of 2002
The building has an important part as the place for human being to conduct their daily activities. The regulation on the building is the Law Number 28 of 2002 on Building (the “Building Law”). The knowledge on the Building Law becomes important because the Building Law not only focuses on the building owner but also the building users and public. As stipulated in the Building Law, building owner means a legal entity, group or association, which is considered as legitimate to become building owner.
The Building Law regulates some matters as follows:
Building Functions
The Building Law states that any building must have the function such as residence, religious, business, social and culture, or special function. The building function will be stated in the Building Construction Permit (“IMB”). In the event there is a change of building function as stated in the IMB, the change must obtain the approval from the Regional Government. Read the rest of this entry »
Building Construction Permit in Jakarta
Background
As the capital city of state of Indonesia, Special Capital Region of Jakarta (“Jakarta”) is a center of economic and trade center in Indonesia, which located in the west island of Java. Furthermore, as the central of government of Indonesia, Jakarta is also occupied by buildings that serve as the center of government offices, residential homes, and places of business. Aside to having been regulated on the laws and regulations on building structure establishment permit, and regulations pursuant to buildings and structures, buildings in the Jakarta area are specifically regulated in the Regulation of Jakarta Special Capital City Region Number 7 of 1991 on Building in the Special Capital City Region of Jakarta (“Regulation of DKI No. 7 of 1991”).
Building Construction Permit
The building constructions in Jakarta area can be conducted by firstly obtaining its permit from the Governor of the Special City Region of Jakarta (“Governor”), in the form of Building Construction Permit (“IMB”). The IMB application shall be made by written form to the Governor and submitted through the Section of Sub-District Office (Seksi Dinas Kecamatan) or Department of Sub-District Office (Suku Dinas Kecamatan). The Governor may refuse the IMB application, if the construction of building (i) is violating or harming the public interest, (ii) would harm the interest of local communities, such as endangering the health or environment harmony, and, (iii) has not perform the written instruction, as the condition of application process. The IMB shall be revoked, if the building construction has not been implemented within a period of 6 (six) months from the issuance of the permit, or in the event of the building construction is not continued, except it is notified by written notice by the permit holder. Read the rest of this entry »
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Legal Aspects of Building in Indonesia
Buildings are made to support people’s need of spaces. Building has many functions such as work space, business place, education place, recreation place and many more. In developing countries, especially for small countries, building is used to maximize the use of spaces.
In Indonesia, building is regulated in the Law No. 28 of 2002 on Building (“Law of Building”). According to Law of Building, the definition of building is a physical form of construction works which integrate with the land it stands on, partly or wholly stands over and/or under ground or water, having a function as a place for people to do their activities, either for residence or place to live, religious activity, business activity, sosial activity, culture or any specific activity.
Construction of building is held with the principle of utility, safety, balance, also the harmony between building with its environment. The regulation for building is intended for: Read the rest of this entry »
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