Based on the Law of Republic of Indonesia Number 20 of 2011 on Condominium (“Condominium Law”), the definition of Certificate of Building Ownership of Condominium Unit (“SKBG Sarusun”) is an evidence of the ownership of condominium unit above the objects owned by states/regions in form of land or waqaf land by leasing.
SKBG Sarusun itself is an integral part that cannot separated, which consist of:
- The copy of the building book.
- The copy of the lease agreement on land.
- The lay-out map of the floor on the related level which shown the owned condominium unit.
- The descriptions about the amount of the related joint rights and joint parts.
- The construction of condominium is declare as finished if the SKBG Sarusun is issued.
According to the Article 44 of Condominium Law, The construction of condominium is deemed as completed if the the Certificate of Ownership of Condominium Unit (“SHM Sarusun”) or SKBG Sarusun has been issued. For SHM Sarusun, the signing of the deed of sale and purchase (“AJB”) shall be made before the land conveyancing officer (“PPAT”), whereas for SKBG Sarusun shall be made before the Notary as the evidence of the transfer of rights. SKBG Sarusun is issued by regency/city technical institution which serve and responsible in the sector of buildings. For the issuance of SHM Sarusun and SKBG Sarusun, it is can be done after the land where the condominium will be build upon (joint land) has been granted and issued with the rights of the land, in accordance with the Law of the Republic of Indonesia Number 5 of 1960 concerning The Basic Principles of Agrarian,which is as follow:
- If it’s owned by Indonesian Individuals, it can be granted with Right of Ownership (“HM”), Right to Build (“HGB”), Right to Cultivate (“HGU”) or Right to Use (“HP”);
- If it’s owned by comercial legal entity, or social legal entity, it can be granted with HGB, HGU, or HP;
- If it’s owned by legal entities which is stated on the Government Regulation Number 38 of 1963 on the Appointment of legal entity which can have the right of ownership of land, which is:
- Banks that established by the State,
- An associations of cooperation which was established under the Law of the Republic of Indonesia Number 79 of 1958 (Now is stipulated on The Law of The Republic of Indonesia Number 17 of 2012 on Cooperation).
- Religious entities that appointed by the Minister of Agriculture/Agraria (now Head of National Land Agency), after hearing the Ministher of Religion.
- Any social entities that appointed by Minister of Agriculture/Agraria (now Head of National Land Agency), after hearing the Minister of Social welfare (Minister of Social), can be granted with HM
- If it’s owned or controlled by the State/Government, it can be granted with HP or Right of Management (“HPL”).
- If it’s owned by state-owned enterprises (BUMN) or regional-owned enterprises (BUMD), it can be granted with HGB, HP, or HPL.
The Restricition of Issuance of SKBG Sarusun
- SKBG Sarusun can only be granted to the special condominium owner or condominium which build above the rent land or above the State-owned land or waqaf land.
- SKBG Sarusun is not given to the owner of the condominium that already had SHM Sarusun.
- SKBG Sarusun is not given to the owner of condominium which build above the land with the status of HM, HGB, HP. It is beacuse the land with the above title, will be granted with the evidence of ownership of condominium unit including the joint land right which consisiting the Principal Proportion Value (“NPP”), which is SHM Sarusun.
Based on Article 48 paragraph 4 of Condominium Law, SKBG Sarusun can be use as security of debt by encumbering it with fiduciary guarantee. SKBG Sarusun can be use to secure debt with fiduciary guarantee by registering it to the the ministry that organize the government affairs in the fields of law. (Article 48 paragraph 5 of Condominium Law).
Sony El Mars