The document discusses Indonesia's new Condominium Law and its implications for the property industry. Some key points:
- The new law revokes the previous 1985 Condominium Law to better align with legal developments, public needs, and state responsibilities regarding condominiums.
- Foreign investors can develop commercial condominiums through foreign investment companies, and the real estate business can be 100% foreign-owned.
- The law defines condominiums and establishes certificates of ownership for condominium units and buildings. It also covers developer obligations, sale agreements, management associations, and more.
- The implications of the new law include more regulation around condominium development, ownership, and
Workshop - License of Property Development in IndonesiaLeks&Co
The document discusses the various licenses and permits required for property development in Indonesia. It outlines 9 key licenses: 1) Spatial Utilization License, 2) Location License for foreign investment companies, 3) Statement Letter of Urban Planning, 4) Title of Division, 5) Environmental License, 6) Building Construction License, 7) Certificate of Feasible Function, 8) Building Ownership Evidence, 9) Shopping Center Business License. It provides details on the legal basis, purpose, and requirements for obtaining these various licenses for property development projects in Indonesia.
A Land Acquisition and Licensing For Property Development In IndonesiaLeks&Co
This document provides an overview of land rights and land registration in Indonesia. It discusses the main types of land rights including ownership rights, cultivation rights, building rights, use rights, and management rights. It also describes land registration objects and the land registration system. The legal basis for land rights and registration are the Basic Agrarian Law and related government regulations on cultivation rights, building rights, use rights, and land registration.
Policy and legal framework affecting real estate in indonesiaLeks&Co
This document outlines Indonesia's legal framework governing real estate, including ownership rights, foreign investment rules, and recent regulatory changes. It discusses the main types of land rights (Ownership, Cultivation, Use, Building), as well as condominium ownership. Foreign investors can purchase real estate by establishing a PMA company with minimum capitalization. Recent regulations increased LTV loan limits and gave local governments control over land taxes and levies.
Updated and revised edition: The Ownership of House and Resident by ForeignerLeks&Co
Franework
Legal basis;
Subject;
Object;
Terms and conditions;
Transfer of house and residence;
Mortgage rights of house or residence;
Termination of the ownership of house or residence;
Differences between the previous regulation and the current regulation; and
Conflicting regulations.
The document discusses liens and lien holder's caveats under Malaysian land law. It provides definitions and discusses key cases that have helped define:
- What constitutes a valid lien under section 281 of the National Land Code, including whether the loan can be to a third party rather than just the registered proprietor.
- The effect of a lien holder's caveat, including that it has a similar prohibitive effect as a private caveat in preventing subsequent dealings on the land.
- Issues around who can create and enter a lien holder's caveat, as well as the requirements and procedures around creating and removing caveats. Cases have found equitable rights can still exist even if statutory requirements are not fully met.
The document discusses security dealings under Malaysian law. It defines a security dealing as a transaction created to secure the repayment of a loan, with elements of a loan and security over real property. Land is commonly used as security due to its permanence and value. If the borrower defaults, the lender can recover the money by selling the land. The National Land Code 1965 recognizes charges and liens as security dealings. For a charge to be valid, it must satisfy requirements such as using the prescribed statutory form, registration, and securing repayment of a debt. Unregistered charges may still be enforced through equitable or statutory remedies.
Workshop - License of Property Development in IndonesiaLeks&Co
The document discusses the various licenses and permits required for property development in Indonesia. It outlines 9 key licenses: 1) Spatial Utilization License, 2) Location License for foreign investment companies, 3) Statement Letter of Urban Planning, 4) Title of Division, 5) Environmental License, 6) Building Construction License, 7) Certificate of Feasible Function, 8) Building Ownership Evidence, 9) Shopping Center Business License. It provides details on the legal basis, purpose, and requirements for obtaining these various licenses for property development projects in Indonesia.
A Land Acquisition and Licensing For Property Development In IndonesiaLeks&Co
This document provides an overview of land rights and land registration in Indonesia. It discusses the main types of land rights including ownership rights, cultivation rights, building rights, use rights, and management rights. It also describes land registration objects and the land registration system. The legal basis for land rights and registration are the Basic Agrarian Law and related government regulations on cultivation rights, building rights, use rights, and land registration.
Policy and legal framework affecting real estate in indonesiaLeks&Co
This document outlines Indonesia's legal framework governing real estate, including ownership rights, foreign investment rules, and recent regulatory changes. It discusses the main types of land rights (Ownership, Cultivation, Use, Building), as well as condominium ownership. Foreign investors can purchase real estate by establishing a PMA company with minimum capitalization. Recent regulations increased LTV loan limits and gave local governments control over land taxes and levies.
Updated and revised edition: The Ownership of House and Resident by ForeignerLeks&Co
Franework
Legal basis;
Subject;
Object;
Terms and conditions;
Transfer of house and residence;
Mortgage rights of house or residence;
Termination of the ownership of house or residence;
Differences between the previous regulation and the current regulation; and
Conflicting regulations.
The document discusses liens and lien holder's caveats under Malaysian land law. It provides definitions and discusses key cases that have helped define:
- What constitutes a valid lien under section 281 of the National Land Code, including whether the loan can be to a third party rather than just the registered proprietor.
- The effect of a lien holder's caveat, including that it has a similar prohibitive effect as a private caveat in preventing subsequent dealings on the land.
- Issues around who can create and enter a lien holder's caveat, as well as the requirements and procedures around creating and removing caveats. Cases have found equitable rights can still exist even if statutory requirements are not fully met.
The document discusses security dealings under Malaysian law. It defines a security dealing as a transaction created to secure the repayment of a loan, with elements of a loan and security over real property. Land is commonly used as security due to its permanence and value. If the borrower defaults, the lender can recover the money by selling the land. The National Land Code 1965 recognizes charges and liens as security dealings. For a charge to be valid, it must satisfy requirements such as using the prescribed statutory form, registration, and securing repayment of a debt. Unregistered charges may still be enforced through equitable or statutory remedies.
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
A charge is a security interest created over land to secure repayment of a debt. It does not involve transferring ownership of the land, unlike a mortgage. Key aspects of a charge include the parties (chargor as landowner/borrower and chargee as lender), creation through execution and registration of charge documents, and remedies available to the chargee such as auction if the chargor defaults. An equitable/unregistered charge may also exist through possession of title documents by the lender, though it is not as strong an interest as a registered statutory charge.
This document provides an overview of the Karnataka Apartment Ownership Act of 1972, which aims to allow individual ownership of apartments. Some key points:
- It defines apartments as individually owned units with direct access to public spaces or common areas. Owners have exclusive ownership of their apartment but also joint ownership of common spaces.
- It establishes apartments as heritable and transferable property. Owners must register declarations of ownership and deeds.
- It provides for maintenance of common areas by owners and establishes that owners are bound by building bye-laws and to contribute to common expenses.
- It allows for removal of property from the provisions of the Act and resubmission in the future.
The document is a set of frequently asked questions (FAQs) from the Ministry of Housing & Urban Poverty Alleviation, Government of India regarding the Real Estate (Regulation and Development) Act, 2016. It contains 32 questions and answers that provide clarification on various provisions and terms defined in the Act. The FAQs cover topics such as the status and implementation of the Act, definitions of key terms, registration requirements for real estate projects and agents, and compliance procedures for promoters.
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
This document is a tenancy agreement between a landlord and tenant. The landlord owns a multi-story house and is leasing the ground floor to the tenant for residential purposes. Key terms of the agreement include:
1) The tenant will pay a monthly rent of a specified amount, along with a security deposit, and is responsible for electricity charges.
2) The tenancy commenced on a specified date and the tenant will use the space solely for residential purposes.
3) The landlord is responsible for property taxes and will provide water to the tenant free of cost.
4) Notices between the parties must be in writing and the courts of a specified jurisdiction will handle any disputes arising from the agreement.
Order of priority:
1) 'B' - RM150,000 (original loan + further advance)
2) 'C' - RM50,000
So 'B' gets RM150,000 and 'C' gets the remaining RM10,000
The right to tack allows the 1st chargee ('B') to rank the further advance ahead of the 2nd chargee ('C'), even though the 2nd charge was created before the further advance under the 1st charge.
05/07/14 SZA 38
Postponement of Charge
• ‘A’ charges land to ‘B’ for RM100,000
• ‘A’ charges same land to ‘C’ for RM
Lien is a right for a lender to retain possession of property, like land title documents, belonging to a borrower until the loan is repaid. There are two types of lien - equitable lien where no caveat is lodged but the right still exists, and statutory lien where three elements must be met: deposit of title documents as security, intention to create a lien, and entry of a lien holder caveat. While caveat lodgment perfects the lien, equitable lien still allows future caveat entry. Lien provides simple and inexpensive security for lenders compared to other options like charges.
The document discusses Jual Janji, a Malay customary security transaction. It begins by outlining the objectives and introduction. It then explores the origins and literal meaning of Jual Janji, describing it as a contract where a borrower transfers land to a lender in exchange for a loan. The document outlines the characteristics and rationale of Jual Janji transactions. It examines judicial views, including recognizing Jual Janji as a security transaction or applying equitable mortgage principles. The document concludes by discussing Jual Janji in the context of the National Land Code and differing views on its application.
Guarantee Agreement (Purchase this doc, Text: 08118887270 (Whatsapp))GLC
This document is a guarantee agreement relating to a pipecoating project operated by a Beneficiary. It establishes a guarantee by a Guarantor to indemnify the Beneficiary for any claims arising from the project agreement, up to a specified cap amount. It outlines requirements for the Beneficiary to conduct the project according to the project agreement and provide the Guarantor access to related information. It also establishes financial arrangements where project funds will be deposited and utilized, and entitles the Guarantor to residual funds as remuneration for the guarantee. The agreement is made between the Guarantor, Beneficiary, GmbH operator, and Purchaser, and includes attached schedules related to assets, accounts, and receivables
Land Law 1 DISPOSAL OTHERWISE THAN BY ALIENATIONxareejx
1. The State Authority can reserve state land for public purposes or issue temporary occupation licenses (TOL) and permits for extraction of rock material on state land.
2. A TOL confers non-proprietary rights and possession to the licensee but cannot be assigned, transferred, or inherited. It expires upon the death of the licensee.
3. The land authority can terminate a TOL for breach of conditions and the licensee has no right to compensation for improvements made to the land upon termination. All structures revert to the state without compensation.
This document discusses security dealings recognized under the National Land Code 1965 (NLC), specifically charges or Torrens charges. It defines a charge as a security transaction where a registered landowner uses their land as collateral for a loan. If the borrower defaults, the lender can foreclose and sell the land. Key requirements for creating a valid charge include using the prescribed statutory form and registering the charge at the relevant land office. The document outlines differences between charges and common law mortgages, what types of land can be charged, restrictions on charging, and requirements like amending statutory forms in annexures.
Ben obtained a loan from Bob and used his land as security. They signed an agreement allowing Ben to redeem the land by paying back the loan by 31/3/2012. Ben failed to pay by the deadline. The question is whether Ben can now redeem the land using a loan from a bank. The summary is that Ben can redeem the land, as the original agreement was intended as an equitable mortgage, giving Ben the ongoing right to redeem even after missing the repayment deadline.
Dol provided a loan to Ben and held the title document as security but later returned it at Ben's request. The question is whether Dol still has rights as a lien holder. The summary is that Dol lost his rights as an equitable lien holder
MS Shoes East Ltd., a long standing name in manufacturing shoes and footwear, has been reckoned globally for its product quality and deliverance. The dynamic enterprise with its futuristic designs and unfailing zeal to serve its customers, also comes with out-of-box aptitude to understand the nitty-gritty of latest fashions and how to bring the same into coherence with the needs of its customers.
Overview Of Foreign Investment Law In Indonesia Leks&Co
The document provides an overview of Indonesia's investment law, which consolidated previous laws governing foreign and domestic investment into a single law in 2007. It defines key terms like domestic and foreign capital investment and investors. The law applies equally to all capital investments in Indonesia, provides protections like guarantees against expropriation, and offers facilities like tax incentives to encourage new investment in pioneering industries. Foreign investors must use a limited liability company form, while domestic investors have more flexibility. The document discusses sectors open to investment and obligations of investors.
Dokumen tersebut merangkum kronologi akuisisi tanah dan saham perusahaan oleh investor. Terdapat beberapa tahapan seperti penandatanganan perjanjian awal, pemenuhan syarat pendahuluan, penyelesaian akuisisi pada tanggal tertentu beserta hal-hal yang dilakukan, dan penyelesaian kedua untuk pengalihan sertifikat tanah.
Dokumen tersebut membahas tentang aspek hukum perjanjian sewa menyewa, termasuk pengertian sewa menyewa menurut KUHPerdata, kewajiban pihak yang menyewakan dan penyewa, gangguan pihak ketiga, larangan mengulang-sewakan tanpa izin, dampak jual beli dan kematian terhadap perjanjian sewa, serta jenis perjanjian sewa terkait properti seperti rumah, rumah susun, dan properti lain
An Introduction to Law of Investment in Indonesia such as background of investment, history of investment, related prevailing law of investment, scope of investment, business field, treatment of investment, and related institution such as United Nations Conference on Trade and Development (UNCTAD) and Indonesia Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM)
The document discusses the procedures for purchasing assets from a company under Indonesian law. It explains that purchasing assets only transfers the specific assets and not liabilities, unlike purchasing shares which transfers all rights and liabilities. The process involves negotiation, due diligence, and signing an agreement, which can allow or disallow due diligence. Board and shareholder approval may be required depending on the assets' value. Good faith and compliance with company law are important for the transaction to be valid.
Kepatuhan Terhadap Undang-undang Tentang Pencegahan Dan Pemberantasan Tindak ...Leks&Co
Dokumen tersebut membahas kepatuhan perusahaan properti terhadap undang-undang pencegahan pencucian uang. Secara ringkas, perusahaan properti harus menerapkan prinsip mengenali pengguna jasa, melaporkan transaksi keuangan tertentu ke PPATK, dan menyimpan dokumen terkait untuk tujuan pemantauan. Pelaporan dilakukan secara elektronik atau manual dalam jangka waktu tertentu.
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
A charge is a security interest created over land to secure repayment of a debt. It does not involve transferring ownership of the land, unlike a mortgage. Key aspects of a charge include the parties (chargor as landowner/borrower and chargee as lender), creation through execution and registration of charge documents, and remedies available to the chargee such as auction if the chargor defaults. An equitable/unregistered charge may also exist through possession of title documents by the lender, though it is not as strong an interest as a registered statutory charge.
This document provides an overview of the Karnataka Apartment Ownership Act of 1972, which aims to allow individual ownership of apartments. Some key points:
- It defines apartments as individually owned units with direct access to public spaces or common areas. Owners have exclusive ownership of their apartment but also joint ownership of common spaces.
- It establishes apartments as heritable and transferable property. Owners must register declarations of ownership and deeds.
- It provides for maintenance of common areas by owners and establishes that owners are bound by building bye-laws and to contribute to common expenses.
- It allows for removal of property from the provisions of the Act and resubmission in the future.
The document is a set of frequently asked questions (FAQs) from the Ministry of Housing & Urban Poverty Alleviation, Government of India regarding the Real Estate (Regulation and Development) Act, 2016. It contains 32 questions and answers that provide clarification on various provisions and terms defined in the Act. The FAQs cover topics such as the status and implementation of the Act, definitions of key terms, registration requirements for real estate projects and agents, and compliance procedures for promoters.
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
This document is a tenancy agreement between a landlord and tenant. The landlord owns a multi-story house and is leasing the ground floor to the tenant for residential purposes. Key terms of the agreement include:
1) The tenant will pay a monthly rent of a specified amount, along with a security deposit, and is responsible for electricity charges.
2) The tenancy commenced on a specified date and the tenant will use the space solely for residential purposes.
3) The landlord is responsible for property taxes and will provide water to the tenant free of cost.
4) Notices between the parties must be in writing and the courts of a specified jurisdiction will handle any disputes arising from the agreement.
Order of priority:
1) 'B' - RM150,000 (original loan + further advance)
2) 'C' - RM50,000
So 'B' gets RM150,000 and 'C' gets the remaining RM10,000
The right to tack allows the 1st chargee ('B') to rank the further advance ahead of the 2nd chargee ('C'), even though the 2nd charge was created before the further advance under the 1st charge.
05/07/14 SZA 38
Postponement of Charge
• ‘A’ charges land to ‘B’ for RM100,000
• ‘A’ charges same land to ‘C’ for RM
Lien is a right for a lender to retain possession of property, like land title documents, belonging to a borrower until the loan is repaid. There are two types of lien - equitable lien where no caveat is lodged but the right still exists, and statutory lien where three elements must be met: deposit of title documents as security, intention to create a lien, and entry of a lien holder caveat. While caveat lodgment perfects the lien, equitable lien still allows future caveat entry. Lien provides simple and inexpensive security for lenders compared to other options like charges.
The document discusses Jual Janji, a Malay customary security transaction. It begins by outlining the objectives and introduction. It then explores the origins and literal meaning of Jual Janji, describing it as a contract where a borrower transfers land to a lender in exchange for a loan. The document outlines the characteristics and rationale of Jual Janji transactions. It examines judicial views, including recognizing Jual Janji as a security transaction or applying equitable mortgage principles. The document concludes by discussing Jual Janji in the context of the National Land Code and differing views on its application.
Guarantee Agreement (Purchase this doc, Text: 08118887270 (Whatsapp))GLC
This document is a guarantee agreement relating to a pipecoating project operated by a Beneficiary. It establishes a guarantee by a Guarantor to indemnify the Beneficiary for any claims arising from the project agreement, up to a specified cap amount. It outlines requirements for the Beneficiary to conduct the project according to the project agreement and provide the Guarantor access to related information. It also establishes financial arrangements where project funds will be deposited and utilized, and entitles the Guarantor to residual funds as remuneration for the guarantee. The agreement is made between the Guarantor, Beneficiary, GmbH operator, and Purchaser, and includes attached schedules related to assets, accounts, and receivables
Land Law 1 DISPOSAL OTHERWISE THAN BY ALIENATIONxareejx
1. The State Authority can reserve state land for public purposes or issue temporary occupation licenses (TOL) and permits for extraction of rock material on state land.
2. A TOL confers non-proprietary rights and possession to the licensee but cannot be assigned, transferred, or inherited. It expires upon the death of the licensee.
3. The land authority can terminate a TOL for breach of conditions and the licensee has no right to compensation for improvements made to the land upon termination. All structures revert to the state without compensation.
This document discusses security dealings recognized under the National Land Code 1965 (NLC), specifically charges or Torrens charges. It defines a charge as a security transaction where a registered landowner uses their land as collateral for a loan. If the borrower defaults, the lender can foreclose and sell the land. Key requirements for creating a valid charge include using the prescribed statutory form and registering the charge at the relevant land office. The document outlines differences between charges and common law mortgages, what types of land can be charged, restrictions on charging, and requirements like amending statutory forms in annexures.
Ben obtained a loan from Bob and used his land as security. They signed an agreement allowing Ben to redeem the land by paying back the loan by 31/3/2012. Ben failed to pay by the deadline. The question is whether Ben can now redeem the land using a loan from a bank. The summary is that Ben can redeem the land, as the original agreement was intended as an equitable mortgage, giving Ben the ongoing right to redeem even after missing the repayment deadline.
Dol provided a loan to Ben and held the title document as security but later returned it at Ben's request. The question is whether Dol still has rights as a lien holder. The summary is that Dol lost his rights as an equitable lien holder
MS Shoes East Ltd., a long standing name in manufacturing shoes and footwear, has been reckoned globally for its product quality and deliverance. The dynamic enterprise with its futuristic designs and unfailing zeal to serve its customers, also comes with out-of-box aptitude to understand the nitty-gritty of latest fashions and how to bring the same into coherence with the needs of its customers.
Overview Of Foreign Investment Law In Indonesia Leks&Co
The document provides an overview of Indonesia's investment law, which consolidated previous laws governing foreign and domestic investment into a single law in 2007. It defines key terms like domestic and foreign capital investment and investors. The law applies equally to all capital investments in Indonesia, provides protections like guarantees against expropriation, and offers facilities like tax incentives to encourage new investment in pioneering industries. Foreign investors must use a limited liability company form, while domestic investors have more flexibility. The document discusses sectors open to investment and obligations of investors.
Dokumen tersebut merangkum kronologi akuisisi tanah dan saham perusahaan oleh investor. Terdapat beberapa tahapan seperti penandatanganan perjanjian awal, pemenuhan syarat pendahuluan, penyelesaian akuisisi pada tanggal tertentu beserta hal-hal yang dilakukan, dan penyelesaian kedua untuk pengalihan sertifikat tanah.
Dokumen tersebut membahas tentang aspek hukum perjanjian sewa menyewa, termasuk pengertian sewa menyewa menurut KUHPerdata, kewajiban pihak yang menyewakan dan penyewa, gangguan pihak ketiga, larangan mengulang-sewakan tanpa izin, dampak jual beli dan kematian terhadap perjanjian sewa, serta jenis perjanjian sewa terkait properti seperti rumah, rumah susun, dan properti lain
An Introduction to Law of Investment in Indonesia such as background of investment, history of investment, related prevailing law of investment, scope of investment, business field, treatment of investment, and related institution such as United Nations Conference on Trade and Development (UNCTAD) and Indonesia Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM)
The document discusses the procedures for purchasing assets from a company under Indonesian law. It explains that purchasing assets only transfers the specific assets and not liabilities, unlike purchasing shares which transfers all rights and liabilities. The process involves negotiation, due diligence, and signing an agreement, which can allow or disallow due diligence. Board and shareholder approval may be required depending on the assets' value. Good faith and compliance with company law are important for the transaction to be valid.
Kepatuhan Terhadap Undang-undang Tentang Pencegahan Dan Pemberantasan Tindak ...Leks&Co
Dokumen tersebut membahas kepatuhan perusahaan properti terhadap undang-undang pencegahan pencucian uang. Secara ringkas, perusahaan properti harus menerapkan prinsip mengenali pengguna jasa, melaporkan transaksi keuangan tertentu ke PPATK, dan menyimpan dokumen terkait untuk tujuan pemantauan. Pelaporan dilakukan secara elektronik atau manual dalam jangka waktu tertentu.
This document summarizes Indonesian arbitration law, including legal sources, principles, and procedures. It discusses key topics such as the exclusivity of arbitration, scope of arbitration agreements, requirements for arbitrators, arbitration procedures, provisional decisions, binding opinions, arbitration awards, and the execution and cancellation of awards. The document is intended to provide an overview of Indonesia's arbitration framework and guidance for resolving commercial disputes through arbitration.
Dokumen tersebut merupakan penjelasan mengenai anatomi perjanjian sewa menyewa yang mencakup latar belakang, dasar hukum, jenis, komponen-komponen penting perjanjian seperti para pihak, objek sewa, pembayaran, dan ketentuan-ketentuan lainnya.
Permasalahan Hukum di Sektor Perumahan/Properti di Indonesia dan Upaya Pengua...Leks&Co
Dokumen tersebut membahas berbagai topik terkait permasalahan hukum di sektor perumahan dan properti di Indonesia, termasuk dasar hukum pertanahan, implementasi peraturan, lembaga terkait, konsep otonomi daerah, profesi yang berhubungan, hal-hal yang perlu diperhatikan bank dan pengembang, serta upaya perlindungan konsumen."
Leks&Co is a young, energetic law firm in Indonesia that provides high-quality legal services using innovative technology. They emphasize core values like love, gratitude, sharing, integrity, and excellence. The firm has received several awards and is certified in quality management. Leks&Co's lawyers specialize in various areas like real estate, corporate, banking and more.
Undang-undang baru tentang rumah susun di Indonesia mengatur tentang definisi rumah susun, jenis-jenis rumah susun seperti rumah susun umum, khusus, negara, dan komersial, serta kewajiban pengembang untuk menyediakan rumah susun umum. Undang-undang ini juga mengatur tentang proses pembangunan dan pemilikan rumah susun.
Dokumen tersebut membahas tentang perjanjian sewa menyewa, termasuk ketentuan hukum, poin-poin umum dalam perjanjian, aspek pidana, dan putusan pengadilan terkait sewa menyewa."
Dokumen tersebut membahas tentang hukum perumahan dan permukiman dari perspektif pengembang. Terdapat ketentuan tentang dasar hukum, jenis rumah, bentuk rumah, pemanfaatan rumah, penghunian, hunian berimbang, dan pedoman pengikatan jual beli rumah.
The document discusses the validity terms of contracts, including mutual consent, capacity, certainty of object, and lawful cause. It defines key concepts like offer and acceptance, noting an offer must be definite and communicated to create a binding promise upon acceptance. Acceptance can be expressed or implied through silence based on business customs. The parties must have capacity and mental ability to contract, the object must be possible and defined, and there must be lawful cause such as exchange of goods/services. The document also discusses principles of freedom of contract and consensus between parties to establish a valid agreement.
The document discusses real estate regulation in Colombia. Key points include:
- The Colombian government protects private property and foreigners have equal rights to purchase real estate. Transactions do not impose additional taxes on foreign investors.
- Land use must comply with land use planning regulations set by municipalities in territorial zoning plans.
- Due diligence is recommended before real estate purchases to analyze title, permitted land uses, and compliance with regulations for rural land. Transactions require registration for title transfer.
- Leases and rentals are also common real estate activities, with obligations for landlords and tenants defined by law. Special protections apply to commercial tenants.
Sectional Properties Act (no. 21 of 1987), Kenya StatuteMūniū Karanja
An Act of Parliament to provide for the division of buildings into units to be owned by individual proprietors and common property to be owned by proprietors of the units as tenants in common and to provide for the use and management of the units and common property and connected purposes
This document provides an overview of key information about buying and owning a condominium in Alberta, Canada. It explains that a condominium involves owning a private unit and jointly owning common property with other unit owners. It describes what makes up a condominium unit and the common property. It also discusses unit factors, exclusive use common areas, responsibilities for doors and windows, and provides a brief overview of condominium corporation rules and regulations.
This document provides a summary of Colombian laws and regulations regarding real estate acquisition and development. It discusses key topics such as the real estate acquisition process, due diligence requirements, common agreements like purchase agreements and construction contracts, licensing requirements, and special considerations regarding vacant land and land restitution. The document is intended to provide general information on legal matters pertaining to real estate business in Colombia.
This document provides a summary of Colombian laws and regulations regarding real estate acquisition and development. It discusses key topics such as the real estate acquisition process, due diligence requirements, common agreements like purchase agreements and construction contracts, licensing requirements, and special considerations regarding vacant land and land restitution. The document is intended to provide general information on legal matters pertaining to real estate business in Colombia.
This document outlines regulations for the sale of subdivision lots and condominiums in the Philippines and penalties for violations. It requires subdivision and condominium projects to be registered with the National Housing Authority, including filing documents like development plans, financial statements, and marketing materials. It also mandates publishing notices of registered projects. The decree aims to protect buyers from fraudulent practices and ensure developers provide adequate infrastructure and comply with building codes.
The document provides information about real estate acquisition and leasing in Colombia. It discusses that the Colombian government protects private property and foreigners have equal rights to purchase real estate. It also notes that real estate transactions do not imply additional tax or legal burdens for foreign investors. The document then provides details about due diligence processes, registration procedures, landlord and tenant obligations, rent amounts, and contract renewal rights regarding leasing real estate in Colombia.
Apartment Management: The Karnataka Apartment Ownership Act, 1972ADDA
This document outlines the Karnataka Apartment Ownership Act of 1972. It establishes the legal framework for individual ownership of apartments in multi-unit buildings. Some key points:
- It allows each apartment to be considered separate, heritable, and transferable property.
- It defines terms like "apartment", "common areas", and establishes homeowners associations to manage common expenses and maintenance.
- It requires compliance with bylaws and prohibits actions that could damage the building or other units.
- It provides for registration of declarations establishing the development and deeds for individual units.
The Act aims to facilitate individual ownership of apartments and allow the use of units as collateral for loans. This helps address the shortage
Real estate laws in Saudi Arabia are based on Sharia law. All land is owned by the Crown unless privately owned or owned by municipalities. Real estate transactions involve a notary public who oversees the conveyancing process. Leases and licenses govern the use of land but ownership is restricted for foreigners and GCC nationals. Regulations require escrow accounts and developer oversight for off-plan sales. Murabaha historically financed real estate but a new mortgage law now governs financing through registered mortgages.
This document summarizes real estate laws in Saudi Arabia. It covers topics such as ownership restrictions (all land is owned by the Crown), the conveyancing process involving notary publics, lease requirements, off-plan sales regulations, and the new real estate mortgage law. Ownership is established through title deeds certified by notary publics. Leases do not need to be in writing but must comply with land use laws. Off-plan sales involve escrow accounts and developer licensing. The new mortgage law permits mortgages and their registration instead of property transfers as in traditional murabaha financing.
This document provides an overview of key concepts related to real property law. It covers topics such as ownership interests in real property, methods of acquiring title, types of deeds, classifications of leases, rights and duties of landlords and tenants, real property used as security through mortgages and deeds of trust, and foreclosure. The learning objectives are to understand ownership rights, methods of acquiring title, types of deeds and leases, landlord/tenant rights and duties, wills/intestate succession, and real property as security.
Three key points about real estate in Colombia:
1. Colombian and foreign nationals have equal rights to purchase property.
2. Real estate transactions do not impose additional taxes, legal, or financial burdens on foreign investors.
3. Land use must comply with municipal regulations and zoning laws.
This document summarizes Chapter 718 of the 2011 Florida Statutes, which governs condominiums. It outlines the chapter's purposes and provides definitions for key terms related to condominiums. It also describes the requirements for creating a condominium, including recording a declaration that submits the property to condominium ownership and provides the condominium's name, a description of units and common elements, ownership percentages of common elements, and more.
Municipalities in Colombia have autonomy to establish regulations for land use and development through a Territorial Land Use Plan (POT). The POT guides physical development and classifies land as urban, rural, or expansion. Construction requires licenses that specify uses, sizes, and technical aspects in accordance with the POT. Real estate can be purchased by foreigners through the same process as Colombians, which involves due diligence, title review, purchase agreement, and registration.
The document outlines the provisions of the Real Estate (Regulation & Development) Act, 2016 of India, including sections that have been brought into force which establish a regulatory authority and various disclosures and registration requirements for new and ongoing real estate projects. Key requirements include compulsory registration of projects prior to any sales, maintenance of escrow accounts, restrictions on changes to plans, and responsibilities of promoters and allottees.
Issues in VAT & ST in Construction Industryumang_soni91
The document discusses various types of agreements in the construction business and their tax treatment. It analyzes whether certain arrangements constitute works contracts or sales under the MVAT Act. Key points analyzed include whether consideration is in monetary terms, timing of property transfer, and who the construction is being performed for or on behalf of. Judicial precedents have interpreted similar arrangements differently, creating confusion around tax liability for construction activities.
Baker & McKenzie's Doing Business in Poland - Chapter 7 (Property Law)Baker & McKenzie Poland
This document summarizes Polish property law and real estate transactions. It discusses various types of property titles including ownership, perpetual usufruct, limited property rights, and rights arising from obligations. It also describes key concepts like leaseholds, tenancies, registration of property titles, rights of first refusal, and restrictions on foreign purchases of real estate, especially agricultural land.
Similar to Reviewing: Implications Of Indonesia’s New Condominium Law On The Property … (20)
Supreme Court Regulation No. 3 of 2023 on Procedure for Appointment of Arbitr...Leks&Co
In general, arbitration procedures are regulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”).
In the last quarter of 2023, the Supreme Court issued SC Regulation No. 3/2023. As part of the regulatory framework under Arbitration Law, this regulation sets out further details in arbitration procedures, among others, the court-ordered appointment of arbitrators, right to challenge, and the enforcement as well as the annulment of arbitral awards.
Key Provisions of SC Regulation No.3/2023
1. Recognition of Sharia Arbitration;
2. Appointment of Arbitrator and Right to Challenge;
3. Registration and Enforcement of Arbitral Award; and
4. Annulment of Arbitral Award;
This regulation aims to streamline arbitration processes and ensure clarity and fairness in the resolution of disputes through both conventional and Sharia arbitration mechanisms.
Ketentuan baru mengenai kepemilikan properti oleh orang asing menimbulkan beberapa pertanyaan. PP 18/2021 dianggap bertentangan dengan UU Rusun dan UUPA karena memperkenankan orang asing memiliki sarusun di atas HGB. Beberapa batasan kepemilikan properti oleh orang asing juga belum diatur dengan jelas.
Hukum Perumahan dan Hukum Rumah Susun Pasca UU Cipta Kerja
Pendahuluan
Pada awalnya, pengaturan mengenai Perumahan dan Kawasan Permukiman dapat ditemukan dalam Undang-Undang Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Permukiman (“UU No.1/2011”). Namun, sejak diundangkannya Undang Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU No. 11/2020”), UU No. 1/2011 mengalami beberapa perubahan.
Perencanaan dan Perancangan Rumah
UU No.1/2011
Perencanaan dan perancangan rumah harus memenuhi persyaratan teknis, administratif, tata ruang, dan ekologis.
UU No.11/2020
Hasil perencanaan dan perancangan rumah harus memenuhi standar.
Perencanaan dan Perancangan PSU
UU No.1/2011
Perencanaan prasarana, sarana, dan utilitas umum harus memenuhi persyaratan administratif, teknis, dan ekologis.
UU No.11/2020
Perencanaan prasarana, sarana, dan utilitas umum harus memenuhi standar.
Hunian Berimbang
UU No. 1/2011
Tidak diatur mengenai konversi Hunian Berimbang (kecuali untuk rusun umum).
UU No. 11/2020
Dalam hal rumah sederhana tidak dapat dibangun dalam bentuk rumah tunggal atau rumah deret, dapat dikonversi dalam:
a. bentuk rumah susun umum yang dibangun dalam satu hamparan yang sama; atau
b. bentuk dana untuk pembangunan rumah umum.
Filsafat Hukum John Finnis Kewajiban Hukum dan Hukum tidak AdilLeks&Co
Filsafat hukum John Finnis membahas kewajiban hukum, hukum tidak adil, dan pengaruhnya. Ia membedakan kewajiban hukum secara moral dan legal, di mana kewajiban moral dapat berubah menurut ketidakadilan hukum, sedangkan legal tetap. Hukum tidak adil hanya menghilangkan kewajiban moral, bukan legal.
Hukum Perumahan dan Hukum Rumah Susun Pasca UU Cipta KerjaLeks&Co
Outline:
1. Perubahan istilah
2. Skala perumahan
3. Hunian berimbang
4. Dana konversi
5. PPJB
6. Sanksi administratif & pidana
Undang-Undang Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Permukiman (“UU No. 1/2011”) Pasca UU Cipta Kerja
Pada awalnya, pengaturan mengenai Perumahan dan Kawasan Permukiman dapat ditemukan dalam Undang-Undang Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Permukiman (“UU No.1/2011”). Namun, sejak diundangkannya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU No. 11/2020”), UU No.1/2011 mengalami beberapa perubahan.
1. Rusun umum & alas hak rusun
2. Pemisahan & pertelaan
3. SHM & SKBG sarusun
4. P3SRS
5. Sanksi administratif & pidana
6. Perbandingan PP rusun
Perubahan Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun(”UU No. 20/2011”) Pasca UU Cipta Kerja
Pada awalnya, pengaturan mengenai Rumah Susun dapat ditemukan dalam Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun (“UU No.20/2011”). Namun, sejak diundangkannya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU No. 11/2020”), UU No.20/2011 mengalami beberapa perubahan.
Outline
Perjanjian Kerja Waktu Tertentu
Alih Daya
Lembur
Pengupahan
Pemutusan Hubungan Kerja
Penggunaan Tenaga Kerja Asing
PKWT – Perubahan UU Ketenagakerjaan dalam UU Cipta Kerja
PKWT dibuat berdasarkan (i) jangka waktu, atau (ii) selesainya suatu pekerjaan tertentu;
Jangka waktu atau selesainya pekerjaan tertentu diatur dalam perjanjian kerja;
Ketentuan lebih lanjut PKWT diatur dalam Peraturan Pemerintah.
Alih Daya - Perubahan UU Ketenagakerjaan dalam UU Cipta Kerja
UU Cipta Kerja menghapus ketentuan mengenai:
penyerahan sebagian pekerjaan melalui perjanjian pemborongan pekerjaan atau perjanjian penyediaan jasa pekerja;
persyaratan pemborongan dan penyediaan jasa pekerja;
syarat-syarat pekerjaan yang dapat dilakukan pemborongan dan penyediaan jasa pekerja;
peralihan hubungan kerja dari perusahaan pemborongan/penyediaan jasa pekerja ke perusahaan pemberi pekerjaan dalam hal tidak dipenuhinya persyaratan penyerahan sebagian pelaksanaan pekerjaan...
Penyelesaian Sengketa Komersial Implementasi dalam Praktik dan Contoh KasusLeks&Co
Sengketa Komersial
Sengketa, persoalan, dan konflik yang timbul di antara para pihak yang timbul dalam ruang lingkup niaga atau perdagangan, antara lain:
perniagaan;
perbankan;
keuangan;
penanaman modal;
industri;
konstruksi;
dll.
Situasi dalam Sengketa Komersial
Setiap pihak bersengketa memiliki perspektif, kepentingan, sumber daya, aspirasi, dan ketakutan masing-masing.
Hampir sebagian besar pihak yang bersengketa tidak menikmati pengalaman bersengketa karena menguras energi.
Sengketa memaksa pihak yang bersengketa untuk berhubungan dengan pihak lain (lawan) yang sebenarnya tidak ingin ditemuinya.
Sengketa dapat memakan waktu panjang dan biaya yang besar bagi pihak bersengketa.
Tugas Lawyer Adalah Menjaga Kepentingan Kliennya
Menjadi “part of the solution, not part of the problem”.
Memahami aspek komersial dan praktik bisnis yang menjadi sengketa;
Mencari langkah-langkah penyelesaian sengketa dengan menganalisa risiko-risiko bagi klien.
Menganalisa dan nenyampaikan risiko-risiko yang dapat terjadi terkait pelaksanaan upaya hukum kepada klien agar klien dapat mengetahui konsekuensi yang dapat terjadi ke depan.
Hukum Pertanahan Pasca UU Cipta Kerja PP No 18 Tahun 2021Leks&Co
Hukum Pertanahan Pasca UU Cipta Kerja PP No. 18/2021
Outline
Hak Pengelolaan
Tanah Reklamasi
Hak Atas Tanah
Hak Guna Usaha
Hak Guna Bangunan
Hak Pakai
Pembatalan Hak atas Tanah
Satuan Rumah Susun
Properti untuk Orang Asing
Ruang Atas Tanah dan Ruang Bawah Tanah
Pendaftaran Tanah secara Elektronik
Kawasan dan Tanah Telantar
HPL
Ketentuan mengenai HPL diatur lebih lanjut di dalam Peraturan Pemerintah Nomor 18 Tahun 2021 Tentang Hak Pengelolaan, Hak atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah (“PP No. 18/2021”)
Sejarah Pengaturan HPL
Sebelum ditetapkannya PP No. 18/2021, ketentuan mengenai HPL disinggung dalam Peraturan Pemerintah Nomor 40 Tahun 1996 tentang Hak Guna Usaha, Hak Guna Bangunan dan Hak Pakai atas Tanah (“PP No. 40/1996”) dan berbagai aturan lain
HPL didefinisikan PP No. 40/1996 sebagai hak menguasai dari Negara yang kewenangan pelaksanaannya sebagian dilimpahkan kepada pemegangnya.
Ketentuan mengenai subjek HPL serta tata cara permohonan dan pemberiannya diatur dalam Peraturan Menteri Negara Agraria/Kepala Badan Pertanahan Nasional No. 9 Tahun 1999 Tentang Pemberian dan Pembatalan Hak atas Tanah Negara dan Hak Pengelolaan (“Permenag No. 9/1999”)
PP No. 18/2021 juga memberikan definisi HPL sebagai hak menguasai dari Negara yang kewenangan pelaksanaannya sebagian dilimpahkan kepada pemegang HPL
HPL dapat berasal dari (i) tanah negara dan (i) tanah ulayat.
HPL di atas tanah negara diberikan sepanjang tugas pokok dan fungsinya langsung berhubungan dengan pengelolaan tanah
Dokumen tersebut membahas tentang penulisan hukum dan perancangan hukum (legal drafting). Ringkasannya adalah: (1) penulisan hukum penting untuk praktisi hukum seperti advokat dan hakim, (2) terdapat metode IRAC dan CRARC dalam penulisan hukum yang membahas issue, rule, application, dan conclusion, (3) perancangan hukum melibatkan proses pra-penulisan, penulisan, dan editing.
Sistem Perjanjian Pendahuluan Jual Beli RumahLeks&Co
Peraturan Menteri Pekerjaan Umum dan Perumahan Rakyat Nomor 11/PRT/M/2019 mengatur sistem perjanjian pendahuluan jual beli rumah (PPJB) yang mencabut dua peraturan sebelumnya. Peraturan ini mengatur ketentuan terkait pemasaran, PPJB, dan tanggapan kritis terhadap beberapa definisi dan ketentuan dalam peraturan.
Association of Owner And Tenant of Condominium Unit (P3SRS)Leks&Co
The establishment of P3SRS must be facilitated by the developers no later than the end of transition period.
The transition period is at the latest 1 year from the first handover of condominium unit to the owner, despite that the condition all condominium units have not been sold.
The “facilitation” must consist of at least:
providing meeting rooms along with its supporting equipment, which must consist of at least tables, chairs, whiteboards/stationaries, microphones, and information/media boards for the owners and/or tenants.
providing ownership and/or tenancy data, along with the location of condominium units based on the record conducted by the developers.
supporting the administration and providing meals (consumption).
The establishment of P3SRS consists of the (i) preparation for the establishment, and (ii) implementation of establishment, with the funding that will be borne by the developer.
Perhimpunan Pemilik dan Penghuni Satuan Rumah SusunLeks&Co
Pembentukan P3SRS wajib difasilitasi oleh Pelaku Pembangunan paling lambat sebelum masa transisi berakhir.
Masa transisi ditetapkan paling lama 1 tahun sejak penyerahan pertama kali Sarusun kepada pemilik, tanpa dikaitkan dengan belum terjualnya Sarusun.
Pembentukan P3SRS terdiri atas Persiapan Pembentukan dan Pelaksanaan Pembentukan P3SRS yang pembiayaannya dibebankan kepada Pelaku Pembangunan.
Perizinan Berusaha di Indonesia Melalui OSSLeks&Co
Perizinan Berusaha Terintegrasi secara Elektronik atau OSS (Online Single Submission) adalah perizinan berusaha yang diterbitkan oleh Lembaga OSS untuk dan atas nama menteri, pimpinan lembaga, gubernur, atau bupati / wali kota kepada Pelaku Usaha melalui sistem elektronik yang terintegrasi.
Sistem OSS hanya merupakan sebuah platform perantara perizinan berusaha yang dikelola oleh Lembaga OSS yang bekerja sama dengan menteri, pimpinan lembaga, gubernur, atau bupati / wali kota sebagai pejabat-pejabat yang berwenang menerbitkan izin.
Jenis perizinan berusaha yang diurus melalui OSS terbagi menjadi Izin Usaha dan Izin Komersial atau Operasional.
Alternatif penyelesaian sengketa adalah lembaga penyelesaian sengketa atau beda pendapat melalui prosedur yang disepakati para pihak yang didasarkan pada itikad baik dengan mengesampingkan penyelesaian secara litigasi di pengadilan
This document provides an overview of the contract drafting process. It discusses drafting contracts in 3 parts:
1) Drafting the contract, including learning about the transaction, drafting the initial contract, and revising drafts.
2) The typical parts of a contract, including introductory provisions, defined terms, obligations of the parties, closing provisions, general provisions and signature blocks.
3) Examples of introductory contract provisions like the preamble, recitals, and words of agreement. It provides best practices for drafting these introductory sections.
Serviced Apartment Ho Chi Minh For RentalGVRenting
GVRenting is the leading rental real estate company in Vietnam. We help you to find a serviced apartment for rent in Ho Chi Minh & Saigon. Discover our broad range of rental properties in Vietnam.
For more details https://gvrenting.com/
AVRUPA KONUTLARI ESENTEPE - ENGLISH - Listing TurkeyListing Turkey
Looking for a new home in Istanbul? Look no further than Avrupa Konutlari Esentepe! Our beautifully designed homes provide the perfect blend of luxury and comfort, making them the perfect choice for anyone looking for a high-quality home in the city.
With a wide range of apartment types available, from 1+1 to 4+1, we have something to suit every need and budget. Each apartment is designed with attention to detail and features spacious and bright living areas, making them the perfect place to relax and unwind after a long day.
One of the things that sets Avrupa Konutlari Esentepe apart from other developments is our focus on creating a community that is both comfortable and convenient. Our homes are surrounded by lush green spaces, perfect for enjoying a peaceful stroll or having a picnic with friends and family. Additionally, our complex includes a variety of social and recreational amenities, such as swimming pools, sports fields, and playgrounds, making it easy for residents to stay active and socialize with their neighbors.
https://listingturkey.com/property/avrupa-konutlari-esentepe/
Stark Builders: Where Quality Meets Craftsmanship!shuilykhatunnil
At Stark Builders our vision is to redefine the renovation experience by combining both stunning design and high quality construction skills. We believe that by delivering both these key aspects together we are able to achieve incredible results for our clients and ensure every project reflects their vision and enhances their lifestyle.
Although we are not all related by blood we have created a team of highly professional and hardworking individuals who share the common goal of delivering beautiful and functional renovated spaces. Our tight nit team are able to work together in a way where we pour our passion into each and every project as we have a love for what we do. Building is our life.
Dholera Smart City Latest Development Status 2024.pdfShivgan Infratech
Explore the latest development status of Dholera Smart City in 2024. Discover the progress, infrastructure, and future plans of India's first greenfield smart city.
BEST FARMLAND FOR SALE | FARM PLOTS NEAR BANGALORE | KANAKAPURA | CHICKKABALP...knox groups real estate
welcome to knox groups real estate company in Bangalore. best farm land for sale near Bangalore and madhugiri . Managed farmland near Kanakapura and Chickkabalapur get know more details about the projects .Knox groups is a leading real estate company dedicated to helping individuals and businesses navigate the dynamic real estate market. With our extensive knowledge, experience, and commitment to excellence, we deliver exceptional results for our clients. Discover the perfect foundation for your agricultural aspirations with KNOX Groups' prime farm lands. These aren't just plots; they're the fertile grounds where vibrant crops flourish, livestock thrives, and unique agricultural ventures come to life. At KNOX, we go beyond selling land we curate sustainable ecosystems, ensuring that your journey toward agricultural success is seamless and prosperous.
Recent Trends Fueling The Surge in Farmhouse Demand in IndiaFarmland Bazaar
Embarking on the journey to acquire a farmhouse for sale is just the beginning; the real investment lies in crafting an environment that contributes to our mental and physical well-being while satisfying the soul. At Farmlandbazaar.com, India’s leading online marketplace dedicated to farm land, farmhouses, and agricultural lands, we understand the importance of transforming a humble farmland into a warm and inviting sanctuary. Let's explore the fundamental aspects that can elevate your farmhouse into a tranquil haven.
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
2. Background
• Indonesia has a new Condominium Law that is Law No 20 of 2011 on
Condominium. This law takes into consideration Article 20, Article 21, and
Article 28H paragraph (1), paragraph (2), and paragraph (4) of the Indonesian
Constitution Law 1945 as well as Law No. 1 of 2011 on the Housing and
Occupancy
• With this new law, the previous Law Number 16 of 1985 on Condominium is
revoked since it is no longer in accordance with the development of law, the
people’s needs, and the participation of the society as well as the responsibility
and the state’s obligation with regards to the condominium matters
All the implementing regulations of the Law No. 16 of 1985 on condominium
shall remain valid as long as it is not in contrary to or has not yet been replaced
with a new implementing regulations under the new condominium law
2
3. Condominium development by Foreign
Investment Company
The development of the commercial condominium is able to be implemented by
everyone and can also be conducted through the foreign investment company in
accordance with the laws and regulations (article 41 condominium law)
Every foreign investment in Indonesia shall take form as Limited Liability
Company which is called as a foreign investment company (Article 5 Law No. 25
of 2007 on Investment)
The foreign investor must check the Negative Investment List in order to know the
maximum percentage that can be owned by foreigner or foreign entity in a
company for particular sector in Indonesia.
3
4. Condominium development by
Foreign Investment Company
Presidential Regulation No. 36 of 2010 on List of Business Fields Closed to
Investment and Business Fields Open, With Conditions, To Investment.
The real estate business in Indonesia is able to be
owned 100% by foreigner
Based on Standard Indonesian Business Field Classifications
number 68110. This field includes buying, selling, leasing and
operating of real estate, which is owned or leased.
4
5. A condominium is a multilevel building which is built in an
area that is divided into sections which are structured
functionally, whether horizontally or vertically that
constitutes as units in which each can be owned and used
Definition separately, mainly for residence complemented with
common equipment, common facilities and common land.
(Article 1 paragraph 1 condominium law)
Special
State
Condominiu Condominium
Condominium Owner and Tenant m
Association (PPPSRS)
• Legal entity Public
Condominium
Commercial
Condominium
• The members are the owners or the Types of
Condominiu
tenants of the condominium m
5
6. Certificate of
Certificate of
building ownership
condominium
of condominium
unit (SHM
unit (SKBG
Sarusun)
sarusun)
Evidence of
ownership upon the Evidence of
land over Right of ownership upon
Ownership, Right to the building over
Build or Right of Use the state /area
over state’s land, property in the
Right to Build or form of land or
Right of Use over waqaf land
Right of through lease.
Management.
Proportiona
l • A number showing the comparison between condominium unit and
common facilities, common equipment and common land which is
Compariso calculated based on the respective condominium unit over total value of
n Value condominium by the time the developer initially calculated the total
construction costs to determine its selling price
6
(NPP)
7. Certificate of Condominium Unit (SHM Sarusun)
Is an integral part which consists of:
a. Copy of book of land and measurement letter of right of common land in
accordance with the laws and regulations
b. Floor sketch picture at the level of the related condominium which shows the
owned condominium unit
c. Title of division regarding the size of the parts of rights upon the common
equipment, common facilities, and common land for the person concerned.
Can be used as a security which is encumbered by mortgage in accordance with
the laws and regulations
7
8. Certificate of Building Unit Ownership (SKBG Sarusun)
Is an integral part comprising :
a. Copy of building books
b. Copy of land lease agreement
c. Floor sketch picture at the level of the related building
which shows the owned building unit
d. Title of division regarding the size of the parts of rights
upon the common equipment and common facilities
concerned.
Can be used as a security which is encumbered with fiducia
in accordance with the laws and regulations
8
9. Obligation of the Commercial Condominium to Provide
Public Condominium
• The developer of the commercial condominium is required to provide a public
condominium (can be conducted outside the commercial condominium area
location in the same regency/city) with the minimum of 20% from the total
floor area of the developed commercial condominium’s floor
• Further regulation will be regulated in the Government Regulation.
9
10. • Right of Ownership
Condominium can be • Right to Build or Right of
Use over state land; and
constructed over the • Right to Build or Right of
land of: Use over Right of
Management
10
11. Sketch and Description
In constructing the condominium, the developer shall separate the
condominium into condominium units, common equipment,
common facilities, and common land
The separation of the condominium as set out in Further regulations are
Article 25 (1) shall be made in the form of sketch and regulated in the
description
Government Regulation
The sketch and description becomes the basis to
determine the Proportional Comparison Value (NPP),
certificate of condominium unit(SHM sarusun), or
certificate of building ownership of condominium The sketch and description is made before
unit (SKBG), and the conditional sale and purchase the construction of a condominium.
agreement (CSPA)
11
12. The sketch and description are made
in the form of the deed of separation
that is legalized by the
regency/mayor Specifically for the Province of
DKI Jakarta, the separation
deed of separation is legalized
by the Governor
In implementing the
condominium’s a. Status of right
development, the of land; and
developer shall fulfill
the administrative
requirements which
b. The building
include: construction
permit (IMB)
12
13. The function and Specifically for the
utilization plan has to Province of the DKI
obtain the permit from Jakarta, the function and
the regency/mayor. utilization plan has to
obtain the Governor’s
permit
After obtaining the permit, the developer shall ask the
legalization from the local government of the title of
division showing the clear boundaries of each
condominium units and also common equipment, common
facilities, and common land as well as the description of
Proportional Comparison Value (NPP)
13
14. The permit application is proposed by the developer by
attaching the following documents:
• the land certificate;
• the regency/city plan information letter;
• the site plan sketch;
• the architecture sketch plan which includes drawing, look,
and the piece of the condominium which shows clearly the
boundaries vertically and horizontally of a condominium
unit;
• the structure plan sketch as well as its calculation;
• the sketch plan which shows clearly the common
equipment, common facilities, and common land and
• the sketch plan of the public utility and the installations as
well as its equipments
14
15. Change Over the Function Plan and the Utilization of the
Condominium
•Obligated to have the permit from the regent/ mayor
•Specifically for the Province of DKI Jakarta, has to obtain the permit from
the Governor
•In the case of the change of the function and utilization plan of the
condominium causing the change of Proportional Comparison Value (NPP)
the title of division has to be re-legalized by the Mayor/Regent.
15
16. The developer shall apply the application of the certificate of feasible function
to the regent/mayor after finishing all or part of the condominium’s
development as along as it is not in contrary to the building construction
permit (IMB)
Feasible Function the functioning of all or part of a condominium that can
guarantee the fulfillment of building structure and its reliability according to
the function as set out in Building Construction Permit
Specifically for the Province of DKI Jakarta, the application of the certificate
of feasible function is proposed to the Governor.
16
17. Developer is allowed to market the condominium before the construction is begun as long as
they meet the following requirements (Article 42 Condominium Law):
a. The certainty of the usage of land;
b. The certainty of right of land;
c. The certainty of the condominium controlling status (the certainty of condominium
controlling status needs to be provided to the buyer based on the title of division legalized
by local government)
d. The building construction permit; and
e. Guarantee over the condominium’s construction from the guarantee institution (may be in
the form of support letter from bank or non bank).
When the marketing is performed before the construction of the condominium, everything
that has been promised by the developer and/or its marketing agent binds as the Conditional
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Sale and Purchase Agreement (CSPA) to both parties
18. Conditional Sale and Purchase Agreement (CSPA)
1. Land Ownership Status;
2. Obtain the Building Construction Permit;
3. The availability of facilities and public utilities;
CSPA is
conducted after 4. The completion of
fulfilling certain (20% of the volume of the condominium building
20% of construction;
requirements : construction that are being marketed)
and
(the condition of condominium unit that is built and sold to
the costumers, including through promotional media, inter
5. The provisions alia, condominium location, type of condominium,
agreed
building specification, condominium price, facilities, public
utilities, and hand over date of condominium unit)
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19. Conditional Sale and
Purchase Agreement (CSPA)
Technical Guideline for CSPA
Decision of State Minister for Public Housing
No.11/KPTS/1994 on Technical Guidelines of Conditional
Sale and Purchase Agreement
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20. Conditional Sale and
Purchase Agreement (CSPA)
Material issues in CSPA
CSPA regulates the following, among others:
The objects of sale and purchase is the right of ownership over condominium unit
which covers common facilities, common equipment and common land according
to the Proportional Comparison Value of the respective condominium unit. The
condominium must have required licenses such as location permit, proof of control
and payment of land and Building Construction Permit.
Management of the condominium which stipulates that the buyer should be willing
to be the member of Condominium Owner and Tenant Association in order to
manage the common facilities, common equipment and common land also the
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amount of service charge that will be agreed amicably.
21. Developer’s obligation are:
1. Before conducting initial marketing, developer shall report to the
Regent/Mayor copied to the Minister of Public Housing. The report shall
comprise:
o Copy of principle license;
o Copy of decision of granting of location permit;
o Evidence of procurement and payment of land;
o Copy of Building Construction Permit
o Title of Division legalized by the Local Government;
If, within 30 days after the receipt of submission of report, there is no
response from the Local Government, the initial marketing may be
conducted.
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22. CSPA - Cont’d
2. Provide documents of development such as:
the land certificate;
the site plan sketch;
the architecture sketch plan which includes drawing, look, and the piece
of the condominium which shows clearly the boundaries vertically and
horizontally of a condominium unit;
the structure plan sketch as well as its calculation;
the sketch plan which shows clearly the common equipment, common
facilities, and common land; and
the sketch plan of the public utility and the installations as well as its
equipment.
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23. 3. Complete the construction according to the agreed standard;
4. Repair any damages within 100 days after signing the minutes of
delivery of condominium unit from the developer to the buyer,
with the conditions:
Developer’s responsibility is limited to the design and the specifications
of condominium unit;
The damages that occurred are not due to buyer’s fault.
5. Responsible to the hidden damages which may be discovered later on
6. Become a temporary manager before the Condominium Owner and
Tenant Association is established
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24. CSPA - Cont’d
7. Insure the building construction during the development
8. If during the construction force majeure takes place beyond the ability of
both parties, then Developer and buyer would consider amicable
settlement with the priority to complete the construction of condominium.
9. Prepare the Sale and Purchase Deed then together with buyer sign the
deed before the Land Conveyancing Officer on the stipulated date. Then
the developer and/or the appointed Land Conveyancing Officer will
manage so that the buyer will obtain the certificate of right of ownership
over condominium unit under the name of the buyer and the buyer will
bear its costs.
10. Deliver the condominium unit including the public facility and social
facility perfectly on the stipulated date and if the construction has not
finished yet, the developer has a chance to complete the construction
within 120 days, counted since the planned delivery date.
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25. CSPA - Cont’d
11. If the construction is not completed after 120 days then the CSPA
shall be null and void and its nullification may not be proven or
requested through a court decision or arbitration body, and for the
developer, it is obligated to refund all the payment which has been
received from the buyer plus penalty and monthly interest in
accordance with the prevailing bank rate.
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26. Buyer’s Obligations are:
Stating that the buyer has read, understood and accepted the entire terms and
conditions on purchase order and CSPA. Buyer will subject to the terms and
conditions in the Article of Association of Condominium Owner and Tenant
Association and any related documents, and the conditions of the agreements and
documents will bind the buyer .
Buyer of condominium unit shall pay management fee and utility expenses and if
the payment is late, the buyer will be penalized as stipulated by the Association of
Condominium Owner and Tenant Association
The responsibility of buyer covers:
• Payment of the required deeds
• Service fees of Land Conveyancing Officer for a deed of sale and purchase of
condominium unit
• Costs to obtain Right of Ownership over condominium unit, registration costs
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(change of name) in Land Office
27. After the deed of sale and purchase is signed but before the certificate of right
of ownership over condominium unit is issued by the National Land Agent:
If the condominium unit is transferred to third party, it will be charged
administrative fees as stipulated by the developer, which cannot be more
than 1% from the selling price
If the condominium unit is transferred to family member for whatsoever
reason, including inheritance by law, it will be charged administrative fees
for Notary/PPAT according to the prevailing rate.
Before the selling price of condominium unit is fully paid, the buyer is not able
to transfer or encumber the condominium unit as debt security without prior
approval in writing by the developer.
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28. Dispute settlement on the CSPA is conducted through arbitration in accordance
with the rules of BANI (Indonesian National Board of Arbitration) where the
parties will bear the costs equally.
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29. Certificate of Certificate of
Feasible Building Unit
Function Ownership /
Certificate of
Condominium
Unit
After the
issuance of:
Article 44 condominium
law
The development of the condominium is stated as
completed
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30. The Utilization of the Condominium
Utilization of • Residential or
condominium:
• Mix-use
Mix-use means a mix between residence function and non-residence function
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31. Pengelolaan Rusun
Management of condominium covers the Management agency of condominium has
operational activity, maintenance and to be in a form of legal entity except
treatment of the common equipment, commercial lease condominium, special
common facilities, and common land condominium, and state condominium
The Management of
Condominium
Management has a right to receive The Management has to register & obtain
amount of management fee that is the business permit from: regency/ mayor.
charged to the owner and the tenant For DKI Jakarta, has to obtain it from the
proportionally. Governor
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32. The Management of Condominium Cont.
can cooperate with the Manager
Developer, during the transition period shall manage condominium prior to
establishment of Condominium Owner and Tenant Association (PPPSRS)
- The transition period is determined for as long as 1 year since the first handover
of the condominium unit to the owner
-the amount of the condominium management cost during the transition period is
covered by the developer and the owner of the condominium unit based on the
Proportional Comparison Value (NPP) of each condominium unit
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33. Condominium Owner and Tenant Association (PPPSRS)
Developer shall facilitate the establishment of PPPSRS before the
end of transitional period.
The PPPSRS is given a position as legal entity by law.
The owner of the condominium unit shall establish PPPSRS
PPPSRS consists of the owner or tenant who obtains the proxy
from the owner of the condominium unit
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34. Condominium – Cont’d
In the event PPPSRS has already been formed, the developer
shall immediately hand over the management over common
equipment, common facilities, and common land to the PPPSRS
PPPSRS may form or appoint a building manager
The procedure to manage the interest of the relevant owner and
tenant is regulated in the Articles of Association and By-Laws of
PPPSRS
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35. Condominium – Cont’d
In terms of making decision concerning ownership or management of condominium,
every member has equal right based on the Proportional Comparison Value (NPP)
In terms of making decision concerning the interest of condominium occupancy,
everyone has the right to give one vote. This means if the condominium unit has been
occupied, the vote of owner may be granted to the occupant of the unit. If the unit has
not yet been occupied then every owner only has the right of one vote. Although one
person owns more than one units, he/she can only give one vote.
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36. Condominium – Cont’d
Right to Vote of member of Condominium Owner and Tenant Association
• Voting Right of Occupancy
A voting right to determine housing rules, utilization of common facility and
obligation to pay service charge over management and fire insurance of common
rights such as the management of common equipment, common facilities and
common land
• Voting Right of Management
A voting right to determine maintenance, repair and construction of
environment infrastructure, social facility, common equipment, common facility and
common land.
• Voting Right of Ownership
A voting right to determine matters concerning the relationship between tenants
of condominium unit, election of administrator and costs of condominium unit.
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37. Condominium – Cont’d
Decree of Ministry of Public Housing No.
06/KPTS/BKP4N/1995 On Guideline of Deed
of Establishment, Articles of Association and
Articles of Condominium Tenant Association.
Regulates the establishment of Condominium
Owner and Tenant Association
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38. Condominium – Cont’d
Establishment Meeting:
• Every owner and/or tenants of the condominium unit, firstly conduct the
meeting of establishment of Condominium Owner and Tenant Association
and its result will be made in form of Minutes of Meeting;
• In the meeting it is necessary to designate some candidates/ member of
the meeting which will be given proxy to come to Notary to make
statements of the results of the meeting
• In the meeting, without reducing any permission from the officials, it is
stipulated the Article of Association of Condominium Owner and Tenant
Association.
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39. Criminal Sanctions
Convicted of
maximum 2 (two) • A developer of the commercial condominium
who breaches his obligation to provide public
years imprisonment condominium at least 20 % of total floor area of
or maximum fine of commercial condominium construction
20 billion Rupiah
• A Developer who made a CSPA that is not in
Convicted of accordance with the one that is marketed
maximum 4 years • A developer who did not fulfill the certainty of:
• Land ownership status
imprisonment or • Building Construction Permit
maximum fine of 4 • Availability of facilities, infrastructure, public utility
billion Rupiah • Volume construction minimum 20%
• Subjects in the agreement
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40. Criminal Sanctions
• Everyone who damages or changes the infrastructures,
facilities, and public utilities in the condominium
Convicted of maximum 1 environment; conduct actions which endanger others or
year imprisonment or public interest in the condominium environment; change
maximum fine of 50 the function and utilization of the condominium unit; or
million Rupiah convert the function of the infrastructures, facilities, and
public utilities, as well as common equipment, common
facilities, and common lands in the construction or the
management of the condominium.
• Everyone who changes the function of the determined
Convicted of maximum 2 years
imprisonment or maximum fine of 50 condominium location; or
million Rupiah • Change the function and the utilization of the
condominium
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41. Criminal Conduct Performed by a Legal Entity
Besides criminal sanctions and fine to its directors, criminal provision can be
imposed to a legal entity in the form of three times the fine for a person
(Article 117 Condominium Law)
Additional criminal sanctions can be imposed to the legal entity in the form of:
Revocation of Business License
Revocation of Legal Entity Status
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42. Leks&Co
Jakarta
Menara Palma 17 Floor, Suite17-02B
Jl. HR. Rasuna Said Blok X2 Kav.6
Kuningan, Jakarta 12950, Indonesia
T:+62 21 5795 7550
F:+62 21 5795 7551
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