Archive for category Summary of Regulations
Property Ownership for Foreigner and Foreign Entity Based on Draft of New Government Regulation
Posted by admin in Foreign Ownership, Summary of Regulations on April 28, 2010
The Government of Indonesia has been trying to find a way to provide more flexibility for a foreigner and foreign entity to own a property in Indonesia. One of the intentions is also to improve the property market in Indonesia. At this moment, the Government has been preparing a draft of new regulation on property ownership for foreigner and foreign entity. The type of regulation is the Government Regulation that will amend or terminate the previous Government Regulation Number 41 of 1996 on the Ownership of Residential House by Foreigner that is domiciled in Indonesia.
Definition of Foreigner and Foreign Entity
In the draft of regulation, the foreigner is defined as every individual that is not Indonesian nationality that is presence or domiciled in Indonesia. Foreign entity is defined as a private or public foreign legal entity. Private foreign legal entity means a legal entity that is established not based on Indonesian law or association or any other entities, having more than 50% of its members as foreigners. Public foreign legal entity means representative of foreign State or representative of international bodies in Indonesia.
Definition of Property
Property is a landed house and/or strata title unit. Landed house is a residential house or horizontal house that is directly established over the land. A landed house and/or strata title unit may have function as a residence, office, and/or trade, and/or social, cultural, and religion. This means that a foreigner and foreign legal entity may purchase property not only for residential purpose but also for commercial and other various functions.
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Principle Provisions of Agrarian Law in Indonesia
Posted by admin in Summary of Regulations on April 20, 2010
Background
In December 1960, Indonesian Government declared the Law Number 5 of 1960 on the Principle Provisions of Agrarian (the “Agrarian Law”) as the principles legal provisions of land in Indonesia.
The Agrarian Law is the principle and basic provisions of the agricultural conditions which is the foundation for other land regulations. This includes the principles and the main issues of land. The Agrarian Law’s goal is to lay the foundation for developing a national land law, for unity and simplicity in the land law and to provide legal certainty about the rights over land for the people.
The Scope of Agrarian Law
The Agrarian Law is applicable for soil, water, and natural richness in it, even airspace within certain limits.
Rights of Control by the State
The earth, water, and airspace, including the natural resources contained therein, are controlled by the State. Because of that right, the State has the authority to do the following:
a) To regulate and administer the allocation, use, supply, and maintenance of the earth, water, and airspace;
b) To determine and regulate legal relationships between people and the earth, water, and airspace;
c) To determine and regulate legal relationships among people as well as legal acts concerning the earth, water, and airspace.
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