Summary of Minister Regulation of Housing and Settlement Number 10 of 2012 on Implementation of Housing and Occupancy Area Through Proportional Occupancy
Law Number 1 of 2011 on Housing and Settlement (“Housing and Settlement Law”) has already regulated the proportional occupancy. Under Article 34, every legal entity who intends to conduct development of housing and settlement has to implement proportional occupancy. Therefore, in order to regulate in detail the proportional occupancy, Minister Regulation of Housing and Settlement Number 10 of 2012 on Implementation of Housing and Settlement Area Through Proportional Occupancy (“Proportional Occupancy Regulation”) was issued.
Definition of Proportional Occupancy
Under Article 1 of Proportional Occupancy Regulation, the definition of Proportional Occupancy is an equal development of housing and settlement area with certain of composition in the form of single house and series house either modest house, middle house and luxury house or public condominium and commercial condominium.
Purpose of Proportional Occupancy
According to Article 3 of Proportional Occupancy Regulation, the purposes of Proportional Occupancy are: Read the rest of this entry »
The Province of DKI Jakarta is the one of the biggest city in Indonesia. As the capital city of Indonesia, DKI Jakarta provides various kinds of service to the public. One of its services is related with building development licenses. As an effort of doing servicing, structuring, supervising, and publishing of physical activity and administrative matter of the implementation of building in DKI Jakarta, the Local Government (Pemerintah Daerah) has set out the regulation of building in DKI Jakarta, with the issuance of Local Regulation Number 7 of 1991 (“LR No. 7/1991”).
Along with the times, the Indonesia Government has set out regulation on Building, namely Law Number 28 of 2002 on Building (“Law No. 28/2002“). The enforcement of Law No. 28/2002 causes amendment of LR No. 7/1991. LR No. 7/1991 is amended by the Local Regulation of DKI Jakarta Number 7 of 2010 on Building (“LR No. 7/2010“) which is valid since 5 November 2010.
Classifications of Building
Building function is classified based on: Read the rest of this entry »
The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land Registration (“GR No. 24/1997“) and the Agrarian State Minister Regulation/Head of National Land Agency Number 3 of 1997 on the Implementation of Government Regulation Number 24 of 1997 on Land Registration (“Agrarian State Minister Regulation No. 3/1997“).
I. The Breaking of Land Field
The breaking of land field is regulated in Article 48 of GR No. 24/1997 and Article 133 of Agrarian State Minister Regulation No. 3/1997.
GR No. 24/1997 and Agrarian State Minister Regulation No. 3/1997 do not mention the exact meaning of breaking of land. However, under the provision in the Article 48 paragraph (1) of GR No. 24/1997, it can be concluded that the breaking of land is the breaking of one land which has been registered into some area of land as requested by the right holder.
The Requirements for Breaking of Land, as follows: Read the rest of this entry »
Legal Aspect of the Grant of Right to Build (“Hak Guna Bangunan/ HGB”) or Right of Use (“Hak Pakai”) Over the Right of Ownership Land
“Right to Build is right to establish and to have buildings over land that is not his own, with a maximum period of 30 years.”
Right to build (“HGB“) may be extended with a maximum period of 20 years as a request from right’s holder and bearing in mind the need and state of buildings. Subject who can be the holder of HGB is an Indonesian citizen or legal entity that is established under Indonesian law and domiciled in Indonesia. Legal entity is an institution that is given a status as legal entity, such as the Limited Liability Company, Cooperative, the Association of Unit Owners and Occupants of the Condominium, and the Foundation. Read the rest of this entry »
Bankruptcy is considered to be a legal process under the United States federal law to help the debt stricken consumers to discharge the debts. Bankruptcy is considered to be the last resort of the debt relief program. However, community property is the marital right bestowed by the state law. There is an intermingling relation between the federal bankruptcy law and state community property law. But some complicated legal issues emerge when the married couples in a community property state plan to file bankruptcy.
Know about community property states:
Each state in the US is required to determine whether to follow community property law. In January 2011, almost nine states are following community property law and it includes Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In Alaska the residents have the option to follow anyone law from community property or common law property.