Archive for category Summary of Regulations
Illegal Occupancy of Land from the Criminal Perspective
Posted by admin in Right of Land, Summary of Regulations on February 28, 2011
The illegal occupancy of land is not a new event in Indonesia. The terms illegal occupancy can be interpreted as the act or condition of holding, possessing of rights or assets illegally, such as occupying a land or house, which is not belong to him, illegally (which is forbidden by law). The illegal occupancy of land is an unlawfully act that can be classified as a criminal offense. As we know, the prices of land are very stable and continue to rise along with the times. The illegal occupancy of land can be harming everyone, especially if the land is used for the business purpose. There are many cases that happened on the illegal occupancy of land, such as (i) physical occupancy of land, (ii) cultivation of land, (iii) sale of land, and so on.
Illegal Occupancy of Land from the Criminal Perspective
Article 2 of Law Number 51 PRP of 1960 on Prohibition to Using the Land without Obtaining the Permission from the Owner of the Land or the Authorized Person (the “Law No 51 PRP/1960”) stated that the utilization of land without obtaining the permission from the owner of the land or the authorized person of the land, shall be construed as the prohibited act, and shall be penalized of imprisonment for the maximum time of 3 (three) months, or a fine with the maximum amount of Rp. 5,000 (five thousand Rupiah), as stated in Article 6 of Law No 51 PRP/1960. Read the rest of this entry »
Guidance on Conditional Sale and Purchase Agreement of House According to the Decree of State Minister Public Housing Affairs Number 09/KTPS/M/1995
Posted by admin in Summary of Regulations on January 28, 2011
Indonesia’s high population growth rate has increased the housing needs of the people. Urgent needs of the available units of house often results on the sale and purchase of the house which is still in the planning process and it is giving rise to the sale and purchase through reservation. Therefore, as a result of it, the sale and purchase of house is conducted through a preliminary sale and purchase arrangement. The preliminary sale and purchase of house will be set out in the Conditional Sale and Purchase Agreement (“PPJB”). The PPJB shall be made in accordance with the guidelines which set out in the Minister of Housing Decree Number 09 Year 1995 on Guidance of Conditional Sale and Purchase of House (“Kepmenpera No.09/1995“) along with its example. Along with the enactment of the Kepmenpera No.09/1995, it is expected that the interests of the buyer and the seller will be secured. Read the rest of this entry »
Legal Aspects for Industrial Area Based on Government Regulation Number 24 of 2009
Posted by admin in Summary of Regulations on January 27, 2011
Basically, the development for industrial area is required to support the economy in a country. If one country has well maintained industrial areas, it can be the supporting factor for the investor to make their investment in those areas.
It is stated in Article 1 of Government Regulation Number 24 of 2009 concerning Industrial Area (“Industrial Area Regulation”), industrial area means the center of industrial activities which is already completed with the facilities and infrastructures which will be managed by the industrial area license holder or industrial company (“Company”). Read the rest of this entry »
Summary of Government Regulation Number 39 of 1973 on Judicial Procedure of Indemnity Determination by the High Court Related to the Revocation of the Right of Land and the Objects Over a Land.
Posted by admin in Summary of Regulations on August 2, 2010
This government regulation regulates a legal action by the parties who are related to the revocation of the right of land and the objects over a land. The parties are able to appeal to high court according to indemnity decision which is not suitable, within 1 (one)month from the date of the Presidential Decree which is regulated on Law Number 20 of 1961 on the Revocation of the Right of Land and the Objects Over a Land.
The parties are able to appeal by written or verbal notification to the Clerk of the High Court . If the appeal is verbal, the Clerk will make note of the appeal. The Clerk receives the appeal letter with the legal costs which is determined by the Chief of the High Court. If the applicant cannot pay the legal costs, the applicant could be released from the legal cost based on the consideration by theChief of the High Court. Within a month after the Clerk of the High Court receives the appeal, the High Court shall examine and make a decision in the shortest possible time. The High Court can also hear all parties who are directly involved with the implementation of such revocationbut The High Court could give the process of hearing directly to the local District Court where the land is and the objects are located.
Then, within a period of 1 (one)\ month, the High Court will notify its decision to the parties concerned and published it on the State Gazette of the Republic of Indonesia. The High Court also imposes all costs including the legal costs to the applicant’s appeal or to the concerned parties by the High Court consideration.
Requirements of Residences Ownership By Foreigners According to The Agrarian State Minister Regulation/Head of National Land Agency Number 7 of 1996
Posted by admin in Foreign Ownership, Summary of Regulations on June 21, 2010
This Agrarian State Minister Regulation explains about the requirements of residences ownership by foreigners, within the frameworks of the implementation of the Government Regulation Number 41 Of 1996 On Residences Ownership by the Foreigners Who Are Domiciled in Indonesia (the “GR No. 41 of 1996”). The Foreigners on GR No. 41 of 1996 are the foreigners who own and maintain the economic interests in Indonesia by implementing an investment to have a residential in Indonesia.
Residential ownership and how to obtain the right of land by the foreigners, are as follows:
- Purchase and build the residence on the Right to Use over a state land or the Right to Use over the Right to Own.
- Purchase the condominium which is built on the Right to Use over a state land.
- Purchase and build the residence on the Right to Own or the Right to Rent of the building which is based on written agreement with the owner of land.
The residence or condominium that can be purchased or built by the foreigners is residences or condominium that is not categorized as simple residences or very simple residences classification.
The acquisition of the right of land and/or residences and the Right to Own of Strata Title unit by the foreigners are carried out in accordance with the procedures according to statutory provisions applicable to the relevant legal actions. While the residences are not used by the foreigners, the residences can be rented by the company in Indonesia based on the agreement between the foreigners and the company.
Foreigners are obliged to release or transfer to the parties that are eligible in accordance with Article 6 paragraph 1 GR No.41 of 1996 when the foreigners or their family members do not use the residence for 12 (twelve) consecutive months.
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