Tentang Ancaman Pidana Memasuki Pekarangan Orang Lain Tanpa Izin

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Oleh:

Tim Hukumindo

Pada kesempatan yang lalu platform www.hukumindo.com telah membahas mengenai "Is Resigning Workers Obtain Severance Payment?", "Subjek Dan Rumusan Delik" dan "Istilah Dan Pengertian Delik", pada kesempatan ini akan dibahas mengenai 'Tentang Ancaman Pidana Memasuki Pekarangan Orang Lain Tanpa Izin'. Jika anda bertamu ke rumah orang lain, selain diperlukan tata krama untuk diterima ditempat yang anda tuju, tidak salah jika anda juga mengetahui aturan hukum pidana dalam hal  masuk ke rumah orang lain tanpa disertai izin oleh yang bersangkutan. Untuk berjaga-jaga saja jika keadaan tidak seperti yang anda bayangkan.

Dasar Hukum 

Bunyi Pasal 167 ayat (1) Kitab Undang-undang Hukum Pidana (KUHP):[1]

"Barang siapa memaksa masuk ke dalam rumah, ruangan atau pekarangan tertutup yang dipakai orang lain dengan melawan hukum atau berada di situ dengan melawan hukum, dan atas permintaan yang berhak atau suruhannya tidak pergi dengan segera, diancam dengan pidana penjara paling lama sembilan bulan atau pidana denda paling banyak empat ribu lima ratus rupiah."

Jika kita teliti lebih dalam Pasal 167 ayat (1) KUHP sebagaimana telah dikutip di atas, maka ancaman yang dijanjikan oleh KUHP adalah pidana penjara paling lama sembilan bulan. Dengan kata lain, ancaman pidananya adalah di bawah satu tahun. Adapun unsur-unsur Pasal 167 ayat (1) KUHP ini di antaranya adalah: "Barangsiapa", "masuk secara paksa dengan cara melawan hukum atau berada di situ secara melawan hukum", "ke dalam rumah, ruangan atau pekarangan tertutup, atas permintaan yang berhak atau suruhannya tidak segera pergi".

Menurut R. Soesilo, yang dimaksud dengan Pidana Memasuki Pekarangan Orang Lain Tanpa Izin dapat dikategorikan dalam dua formula, yaitu:[2]

1. Dengan melawan hak masuk dengan paksa ke dalam rumah, ruangan tertutup, dan sebagainya;
2. Dengan melawan hak berada di rumah, ruangan tertutup, dan sebagainya, tidak dengan segera pergi dari tempat itu atas permintaan orang yang berhak atau atas nama orang yang berhak.

Penjelasan 

Masuk dengan paksa di sini, masih menurut R. Soesilo adalah harus adanya pernyataan kehendak terlebih dahulu dari yang mempunyai hak atau dari si empu-nya pemilik rumah/pekarangan. Pernyataan kehendak ini bisa dalam bentuk perkataan, perbuatan maupun dalam bentuk tulisan. Dalam bentuk perkataan contohnya adalah si empu-nya pemilik rumah mengeluarkan kata-kata supaya dengan segera untuk pergi dari wilayah rumah-nya. Dalam bentuk perbuatan misalnya menjadikan orang yang dituju segera ke luar dari rumah dimaksud. Dalam bentuk tulisan misalnya terdapat bacaan "DILARANG MASUK". 

Dalam arti setelah diperingatkan kemudian orang yang diperingatkan mengikuti peringatan sebagaimana telah diterangkan di atas, maka tidak dapat dijerat dengan Pasal 167 ayat (1) KUHP dimaksud. Sebaliknya, dalam hal setelah diperingatkan kemudian orang yang diperingati tidak mengikuti peringatan, bahkan kemudian masuk secara tanpa izin, maka besar kemungkinan dapat dijerat dengan Pasal 167 ayat (1) KUHP tersebut. 

____________________

References:

1. Kitab Undang-undang Hukum Pidana (KUHP);

2. "Kitab Undang-Undang Hukum Pidana (KUHP) Serta Komentar-komentarnya Lengkap Pasal Demi Pasal", R. Soesilo, Politeia, Bogor, 1991.

Is Resigning Workers Obtain Severance Payment?

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Knowing Conditional Leave According to Indonesian Law", "Knowing Parole in Indonesia", you may read also "A Brief Insight of Assimilation in Indonesia" and on this occasion we will discuss about 'Is Resigning Workers Obtain Severance Payment?'. 

Recently, we were presented with news in cyberspace about the layoffs that befell 'Shopee' employees. Of course this is not good news to hear for both employers and workers. Although this article is not directly related, it will discuss the other side of the termination of the employment relationship between workers and employers, namely related to the rights of workers who decide to resign. Is Resigning Workers Obtain Severance Payment? That's roughly the main question of this article.

Legal Basis of Resign in Indonesian Law

Provisions related to resigning have been regulated in Government Regulation (PP) Number 35 of 2021 concerning Work Agreements for Certain Time, Outsourcing, Working Time and Rest Time, and Termination of Employment. The regulation contains Article 36 letter I which reads, the worker or laborer resigns of his own free will and must meet the following requirements:[1]

• Submit a written application for resignation no later than 30 (thirty) days prior to the start date of the resignation;
• Not bound in the bond of service; and
• Continue to carry out their obligations until the date of resignation.

These requirements must be met by employees who wish to resign from their jobs. First, understand the conditions listed in the regulations before you find out about severance pay.[2] The important thing regarding resignation is that it is not done suddenly or hastily, according to the rules as referred to above, it is done within 30 days of written notification. In addition, they continue to carry out their work obligations until the date of resignation arrives, although in practice, before the date of resignation, handovers have been carried out to other workers.

Is Resigning Get Severance Pay? 

Every worker has his own rights and obligations. What about employees who decide to leave the company? Are there any rights that can be obtained by them? The answers to questions related to the rights of employees who resign have been recorded in Government Regulation (PP) Number 35 of 2021, to be precise in Article 50, that workers or laborers who resign of their own accord and meet the requirements as referred to in Article 36 letter I are entitled to:[3]

1. Compensation money in accordance with Article 40 paragraph (4); and
2. Separation money, the amount of which is regulated in the Employment Agreement, Company Regulations or Collective Labor Agreement.

What is meant by compensation money? (a) Annual leave that has not been taken and has not yet in due date condition; (b) The cost or cost of returning the worker or laborer and his family to the place where the worker or laborer is accepted to work; and (c) Other matters stipulated in the Employment Agreement, Company Regulations or Collective Labor Agreement. (d)  Furthermore, Article 58 (1) regulates employers who include workers or laborers in the pension program in accordance with the provisions of the legislation in the field of pension funds.[4] 

What is meant by separation money? Separation money is money given by the company as an award for the dedication and loyalty of employees during a certain period of service with good performance, and is a compensation for the absence of severance pay and service fees. Separate money is usually given specifically to employees whose duties and functions do not directly represent the employer (non-management committee). In contrast to severance pay, compensation for entitlements, and service pay, this severance pay is based on the employment contract and company policies.[5]

From the provisions as explained above, employees who resign or resign do NOT obtain severance pay. And if you have any legal issue with this topic (rights of workers who decide to resign), contact us then, feel free in 24 hour, we will be happy to assist you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Karyawan Resign Berhak Dapat Pesangon? Cek Aturannya!", www.cnbcindonesia.com., diakses pada tanggal 26 September 2022, https://www.cnbcindonesia.com/mymoney/20220204150921-72-312945/karyawan-resign-berhak-dapat-pesangon-cek-aturannya

2. Ibid.

3. Ibid.

4. Ibid.

5. "Perbedaan Uang Pisah dan Pesangon yang Wajib Diketahui", glints.com., Diakses pada tanggal 26 September 2022, https://glints.com/id/lowongan/perbedaan-pesangon-dan-uang-pisah/#.YzDk_X1Bxdg

Knowing Conditional Leave According to Indonesian Law

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Contoh Surat Pencabutan Gugatan", "Contoh Surat Kuasa Substitusi", you may read also "Knowing Parole in Indonesia" and still on matters related to the rights of prisoners living in correctional institutions in Indonesia, in this occasion we will discuss about 'Knowing Conditional Leave According to Indonesian Law'. Let's check it out.

Legal Terms of Conditional Leave (Cuti Bersyarat)

Conditional leave is a coaching program to integrate prisoners and children in conflict with the law into community life after fulfilling predetermined requirements.[1] This is equal to a prison program to reintegrate prisoners into society.

Conditional Leave Terms

The following are the 5 conditions for obtaining conditional leave:[2]

1. Maximum 1 Year 6 Months imprisonment;
2. Has served 2/3 (two thirds) of the criminal period;
3. Good behavior for the past 6 months for general crimes, and 9 months for prisoners of Terrorism, Narcotics and Narcotics Precursors, Psychotropics, corruption, crimes against State security and serious human rights crimes, as well as other transnational organized crimes;
4. Paying in full fines, and/or replacement money for criminal acts of corruption, and for crimes of terrorism must also show awareness and remorse, and state a written pledge of allegiance to the Unitary State of the Republic of Indonesia, and will not repeat acts of terrorism in writing for foreign nationals.
5. Conditional Leave is granted for a maximum of 4 (four) months.

The author needs to emphasize that what is meant by conditional leave is basically related to the following two conditions, namely a maximum of 1 year 6 months and has served 2/3 (two thirds) of the criminal period. In addition, also complete your application with the following:[3]

1. Photocopies of excerpts from judges' decisions and minutes of implementation of court decisions and reports on development progress made by correctional guardians/results of risk assessment and needs assessment carried out by assessors and community research reports made by Community Counselors who are known to the Head of the Correctional Institution.
2. Notification letter to the District Attorney regarding the plan to give CB/Conditional Leave to the prisoners and correctional students concerned.
3. A copy of register "F", a copy of the list of changes from the head of the prison and a statement from the prisoner or correctional student that they will not commit an unlawful act.
4. A letter of guarantee of ability from the family known to the "lurah", village head stating that prisoners or correctional students will not run away and commit unlawful acts, as well as assisting in guiding and supervising prisoners / correctional students during the CB/Conditional Leave program.
5. Foreign prisoners/students must fulfill the completeness of the documents, namely a guarantee letter that they will not run away and will comply with the requirements specified by the state embassy/consulate and their families, persons, or corporations who are responsible for the presence and activities of the prisoners/students while in the territory of Indonesia. and attach a certificate from the Director General of Immigration or a designated Immigration Officer stating that the person concerned is exempt from the obligation to have a residence permit.

Procedure for Granting Conditional Leave

The following is the procedure for obtaining conditional leave: [4]

1. The correctional observer team recommends the proposal for granting CB/Conditional Leave to the head of prison based on data on inmates and convicted criminals who have met the requirements.
2. The head of prison approves the proposal for granting CB/Conditional Leave.
3. The proposal for granting CB/Conditional Leave is submitted to the Head of the Regional Office on behalf of the Minister to determine the decision to grant CB/Conditional Leave based on the recommendation of the correctional observer team at the office region.

And if you have any legal issue with your CB/Conditional Leave application, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Apa itu Bebas Bersyarat yang Diperoleh Pinangki hingga Zumi Zola?", www.detik.com., Diakses pada tanggal 24 September 2022, Link: https://news.detik.com/berita/d-6276725/apa-itu-bebas-bersyarat-yang-diperoleh-pinangki-hingga-zumi-zola

2. "CUTI BERSYARAT (CB)", www.lapasambon.com., Diakses pada tanggal 24 September 2022, http://www.lapasambon.com/cuti-bersyarat.html

3. "PROGRAM REMISI,ASIMILASI,PB,CB,CMB, DAN CMK", lpppkp.kemenkumham.go.id., Diakses pada tanggal 9 September 2022, https://lpppkp.kemenkumham.go.id/informasi-publik/prosedur-pelayanan/layanan-bidang-informasi-dan-komunikasi-6/program-remisi-asimilasi-pb-cb-cmb-dan-cmk

4. Ibid.

Contoh Surat Pencabutan Gugatan

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Oleh:

Tim Hukumindo

Pada kesempatan yang lalu platform www.hukumindo.com telah membahas mengenai "Contoh Surat Kuasa Substitusi", "Contoh Surat Pencabutan Kuasa" dan "Contoh Surat Kuasa Menghadiri Rapat Umum Pemegang Saham (RUPS)", pada kesempatan ini akan dibahas mengenai 'Contoh Surat Pencabutan Gugatan'. Perhatikan contoh berikut:[1]

Jakarta, 13 Agustus 2022

Nomor : 980/PT. PN I/YYY/VIII/22’

Lampiran : -

Perihal : Pencabutan Perkara Perdata Reg. Nomor: XXX/Pdt.G/2022/PN. Jkt. Brt. Pada Pengadilan Negeri Jakarta Barat

Kepada Yth.:

Ketua Pengadilan Negeri Jakarta Barat

Cq. Majelis Hakim Perkara Perdata Reg. Nomor: 

XXX/Pdt.G/2022/PN. Jkt. Brt.

D/a : Jalan Letjen S. Parman Kavling Nomor: 71, RT/RW: 10/03, Kel.: Slipi, Kec.: Palmerah, Kota: Jakarta Barat, Provinsi: D.K.I. Jakarta. KP: 11410. Telepon: (021) 53661110.

Dengan hormat,

Yang bertanda tangan di bawah ini:

• YYY, S.H., M.H.

Advokat & Konsultan Hukum pada “YYY” Law Office, beralamat di: Jl. Lingkar Luar Barat, Nomor: XYZ, Kel.: Rawa Buaya, Kec.: Cengkareng, Kota: Jakarta Barat, Provinsi: D.K.I. Jakarta - 11740, berdasarkan Surat Kuasa Khusus tertanggal XX Juni 2022, dalam hal ini bertindak untuk dan atas nama PT. PN I, beralamat di Jalan Yang Diridhoi Allah V/IC, Kelurahan: Rawa Buaya, Kecamatan: Cengkareng, Kota: Jakarta Barat, Provinsi: D.K.I. Jakart, sebagaimana perihal di atas, dengan ini mencabut gugatan perkara perdata reg. Nomor: XXX/Pdt.G/2022/PN. Jkt. Brt. Pada Pengadilan Negeri Jakarta Barat sebagaimana dimaksud.

Demikian hal ini kami sampaikan, atas perhatian dan kerjasamanya diucapkan terima kasih.

Hormat kami,

Kuasa Hukum Penggugat

Ttd.

YYY, S.H., M.H.

PERADI NIA: 19.00555

Cc. : - Client;

- File.

____________________

References:

1. Dokumen pribadi.

Contoh Surat Kuasa Substitusi

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Oleh:

Tim Hukumindo

Pada kesempatan yang lalu platform www.hukumindo.com telah membahas mengenai "Knowing Parole in Indonesia", "Contoh Surat Pencabutan Kuasa" dan "Contoh Surat Kuasa Menghadiri Rapat Umum Pemegang Saham (RUPS)", pada kesempatan ini akan dibahas mengenai 'Contoh Surat Kuasa Substitusi'. Surat Kuasa substitusi adalah pergantian penerima kuasa melalui mekanisme pengalihan dari penerima kuasa awal ke penerima kuasa pengganti. Dasar hukumnya adalah Pasal 1803 Kitab Undang-undang Hukum Perdata (KUH Perdata/BW). Contoh di bawah ini bisa dipakai untuk perkara perdata, pidana, tata usaha negara atau perkara lainnya, tinggal dilakukan penyesuaian saja sesuai kebutuhan. Perhatikan contoh berikut:[1]

SURAT  KUASA  SUBSTITUSI

Yang bertanda tangan di bawah ini:

Nama : MK, S.H., M.H.

Profesi : Advokat

Nama Kantor : XXX Law Office

Alamat : Gd. ZZZ, Unit: 9, Jl. Lingkar Luar Barat, Nomor: 8, Kel.: Rawa Buaya, Kec.: Cengkareng, Kota: Jakarta Barat, Provinsi: D.K.I. Jakarta – 11740.

Untuk selanjutnya disebut sebagai “Pemberi Kuasa”.

Pemberi Kuasa dengan ini menerangkan memberikan Kuasa Substitusi kepada:

Nama : NIW, S.H.

Profesi : Advokat

Nama Kantor : XXX Law Office

Alamat : Gd. ZZZ, Unit: 9, Jl. Lingkar Luar Barat, Nomor: 8, Kel.: Rawa Buaya, Kec.: Cengkareng, Kota: Jakarta Barat, Provinsi: D.K.I. Jakarta – 11740.

Untuk selanjutnya disebut sebagai “Penerima Kuasa”.

-------------------------------K H U S U S-------------------------------

Bertindak untuk dan atas nama Pemberi Kuasa untuk menghadiri sidang perkara perdata Reg. No: NNN/Pdt.G/2022/PN. Jkt. Brt. pada Pengadilan Negeri Jakarta Barat tanggal XX September 2022 dalam agenda: YY.

Demikian surat kuasa substitusi ini dibuat untuk digunakan sebagaimana mestinya.

Jakarta, XX September 2022

Penerima Kuasa                             Pemberi Kuasa

XXX Law Office

Ttd.                                                     Ttd.

NIW, S.H.                                     MK, S.H., M.H.

(Advokat)                                         (Managing Partners)

____________________

References:

1. Dokumen pribadi.

Knowing Parole in Indonesia

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Conditions for Obtaining Assimilation Program in Indonesia", "A Brief Insight of Assimilation in Indonesia", you may read also "Types of Remission in Indonesia" and on this occasion we will discuss about 'Knowing Parole in Indonesia'.

Having previously discussed about assimilation, on this auspicious occasion will be discussed related to parole. Basically, parole has allowed residents of the correction institution to return to society (breathe of freedom). Even though it has fully returned to society, there are still some 'controls' that remain from the correction institutions, such as one of them being obliged for regular present report. 

What is Parole?

Actually in the Criminal Code there are no article that specifically mentions the meaning of parole. The Criminal Code only mentions the conditions for an inmate to be entitled to parole. The definition of parole seems clearer when you look at the laws and regulations outside the Criminal Code and the opinions of experts in the field of law. Conditional release according to the provisions of Article 1 letter b of the Decree of the Minister of Justice Number M.01-PK.04.10 of 1999 concerning Assimilation, parole and leave before being released, namely:[1]

"Pembebasan bersyarat dan cuti menjelang bebas adalah proses pembinaan Narapidana di luar Rumah Tahanan atau Lembaga Pemasyarakatan, berdasarkan ketentuan Pasal 15 dan 16 KUHP serta Pasal 14, Pasal 22 dan Pasal 29 Undang-undang Nomor 12 Tahun 1995 tentang Pemasyarakatan (Free translation: Conditional release and leave before being released is the process of fostering inmates outside the Detention Center or Correctional Institution, based on the provisions of Articles 15 and 16 of the Criminal Code as well as Article 14, Article 22 and Article 29 of Law Number 12 of 1995 concerning Corrections)"

This is what is meant by parole which we recently granted to corruption convicts such as Ratu Atut (Former Governor of Banten), Pinangki Sirna Malasari (Former Prosecutor related to the Joko Candra case), Zumi Zola (Former Governor of Jambi) and others.

Legal Basis of Parole

The legal basis for parole is regulated in the Criminal Code (KUHP) and Law Number: 22 of 2022 concerning Corrections. Nor other implementing regulations such as Decree of the Minister of Justice Number M.01-PK.04.10 of 1999 concerning Assimilation, parole and leave before being released. As well as other relevant legal sources.

Conditions for Obtaining Parole

The following are the conditions for obtaining parole:[2]

1. Has served a minimum criminal period of 2/3 (two thirds), provided that 2/3 (two thirds) of the criminal period is at least 9 (nine) months;
2. Good behavior while serving a criminal period of at least the last 9 (nine) months calculated before 2/3 (two thirds) of the criminal period;
3. Has undergone assimilation of at least 1/2 (one half) of the remaining criminal period that must be served (Convicts of criminal acts of terrorism, narcotics and narcotics precursors, psychotropic substances, corruption, serious human rights crimes, transnational crimes, and crimes against state security);
4. Have attended the coaching program well, diligently, and enthusiastically;
5. The public can receive the prisoner coaching activity program;
6. Parole can be given to State Children after undergoing training for at least 1 (one) year;
7. Photocopy of the excerpt of the judge's decision and the minutes of the implementation of the court's decision;
8. Report on the development progress made by the correctional guardian/ the results of the risk assessment and needs assessment carried out by the assessor;
9. Community research report made by the Community Advisor who is known to the Head of the Father's;
10. Notification letter to the District Attorney regarding the plan to give parole to the Prisoners and Correctional Students concerned;
11. Copy of register F from the Head of Prison;
12. A copy of the change list from the Head of Prison;
13. A statement from the prisoner or the correctional student will not commit any unlawful act;
14. A letter of guarantee of ability from the family known to the Chief Village or 'lurah' or 'kepala desa', the Chief Village stating that prisoners or correctional students will not run away and commit unlawful acts, as well as assisting in guiding and supervising prisoners/correctional students during the parole program;
15. In addition, for convicts of criminal acts of terrorism, narcotics and narcotics precursors, psychotropic substances, corruption, serious human rights crimes, transnational crimes, and crimes against state security, attach: (a). A certificate of willingness to cooperate to help dismantle the criminal act he has committed as determined by the law enforcement agency; (b). Certificate of having participated in the De-radicalization program from the Head of Prisons and/or the National Agency for Combating Terrorism (for Terrorism Convicts).

Procedure for Obtaining Parole

The following are the procedure for obtaining parole:[3]

1. The correctional observer team recommends the proposal for granting parole for inmates and criminal juveniles to the head of the prison based on the data of inmates and convicts who have met the requirements; 
2. The head of the prison approves the proposal for granting remission;
3. The proposal for granting parole is submitted to the head of the regional office based on the recommendation of the correctional observer team at the regional office;
4. The proposal is submitted to the Director General, the Director General on behalf of the Minister determines the granting of parole.

And if you have any legal issue with your parole application, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Jaksa Pinangki Keluar dari Penjara, Apa Itu Bebas Bersyarat?", nasional.tempo.co, Diakses pada tanggal 9 September 2022, https://nasional.tempo.co/read/1631387/jaksa-pinangki-keluar-dari-penjara-apa-itu-bebas-bersyarat

2. "PROGRAM REMISI,ASIMILASI,PB,CB,CMB, DAN CMK", lpppkp.kemenkumham.go.id., Diakses pada tanggal 9 September 2022, https://lpppkp.kemenkumham.go.id/informasi-publik/prosedur-pelayanan/layanan-bidang-informasi-dan-komunikasi-6/program-remisi-asimilasi-pb-cb-cmb-dan-cmk

3. Ibid.

Conditions for Obtaining Assimilation Program in Indonesia

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "A Brief Insight of Assimilation in Indonesia", "Types of Remission in Indonesia", you may read also "Conditions for Obtaining Remission" and on this occasion we will discuss about 'Conditions for Obtaining Assimilation Program in Indonesia'.

In the previous article, the www.hukumindo.com platform has discussed terminology, legal basis and other matters related to assimilation. On this valuable opportunity we will discuss further related to assimilation, namely regarding the terms and conditions that apply. Terms are important to discuss because if you as a reader or maybe you as a inmate of the correctional institution is looking for information related to this matter, you will know whether or not you are eligible for this program.

The assimilation conditions are as follows: [1]

1. A statement from the prisoner or correctional student will not run away and will not do anything that violates the law;
2. A letter of guarantee of commitment from the family known to the 'Lurah'/Chief of village stating that the prisoners/students will not run away, do not violate the law and assist in guiding and supervising prisoners/students during the assimilation program;
3. Letter of guarantee from schools, government or private agencies, and social or religious bodies/institutions, which guarantees to assist in guiding and supervising prisoners/students during the assimilation program;
4. Foreign prisoners/students must fulfill the completeness of the documents, namely a guarantee letter that they will not run away and will comply with the requirements specified by the state Embassy/Consulate and their families, persons, or corporations who are responsible for the presence and activities of the prisoners/students while in the territory of Indonesia. and attach a certificate from the Director General of Immigration or a designated Immigration Officer stating that the person concerned is exempt from the obligation to have a residence permit;
5. Good behavior, i.e. not undergoing disciplinary punishment within the last 6 (six) months, commencing before the date of granting Assimilation;
6. Actively participate in the coaching program well;
7. Has served 1/2 (one half) of the criminal period;
8. For convicts of criminal acts of terrorism, narcotics and narcotic precursors, psychotropic substances, corruption, serious human rights crimes, transnational crimes, and crimes against state security, granting assimilation is that they have served 2/3 (two thirds) of the criminal period, then for Terrorism Convicts have completed following Deradicalization program organized by prisons and/or the National Counterterrorism Agency and attaching a certificate to participate in the program and stating a written pledge of loyalty to the Unitary State of the Republic of Indonesia for Indonesian citizens and will not repeat acts of terrorism for foreigners;
9. Attach a photocopy of the quote from the judge's decision and the minutes of the implementation of the court's decision;
10. Attach a copy of register "F" from the Head of Prison;
11. Attach a copy of the change list from the Head of Prison;
12. Report on development progress made by the correctional guardian/results of risk assessment and needs assessment conducted by assessors;
13. A community research report made by a community advisor who is known to the Head of the Fathers' Council

Assimilation procedure:[2]

1. The prison correctional observer team recommends the proposal for granting assimilation for prisoners and criminal children to the head of prison based on data on prisoners and criminal children who have met the requirements;
2. The head of prison approves the proposal for assimilation;
3. The proposal for assimilation is submitted to the head of the regional office (Kanwil Kemenkum dan HAM) to determine the decision on granting assimilation based on the recommendation of the observer team correctional area office;
4. The decision is submitted to the Head of the Prison to be notified to the Convicts and Criminals with a copy to the Director General;
5. Assimilation is carried out in open prisons;
6. While convicts for crimes of terrorism, narcotics and narcotics precursors, corruption, state security crimes and serious human rights crimes as well as transnational crimes are carried out in the form of social work in social institutions (religion, agriculture, education, health, humanity, cleanliness and oriented to provide services to the community).

And if you have any legal issue for obtaining this program in your conviction services, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1.  "PROGRAM REMISI,ASIMILASI,PB,CB,CMB, DAN CMK", lpppkp.kemenkumham.go.id., Diakses pada tanggal 3 September 2022, https://lpppkp.kemenkumham.go.id/informasi-publik/prosedur-pelayanan/layanan-bidang-informasi-dan-komunikasi-6/program-remisi-asimilasi-pb-cb-cmb-dan-cmk

2. Ibid.

A Brief Insight of Assimilation in Indonesia

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Conditions for Obtaining Remission",  you may read also "Types of Remission in Indonesia" and on this occasion we will discuss about 'A Brief Insight of Assimilation in Indonesia'.

On the previous occasion, the conditions for obtaining remission for inmates of correctional institutions in Indonesia have been described. Still in the prisoner's rights session, this time we will go further by discussing assimilation. Matters relating to this such as understanding, legal basis and other elaborations can be read further.

Term of Assimilation in Indonesia

Assimilation is the process of fostering prisoners and correctional students carried out by assembling prisoners and correctional students in community life.[1] The author understands assimilation is the final process of Correctional which is a 'pre-return' of prison residents to society. This process works by re-socializing the inmates of the correctional institution to the community.

Legal Basis

As we have seen that recently President Republic of Indonesia Mr. Ir. Joko Widodo signed Law Number: 22 of 2022 concerning Corrections, this Law is a criminal justice subsystem that carries out law enforcement in the field of treatment of prisoners, children, and inmates.[2]

Article 10 point 1 Law Number: 22 of 2022 concerning Corrections regulates the rights of prisoners, namely as follows:[3]

1. Remission;
2. Assimilation;
3. Leave to visit or be visited by family;
4. Conditional leave;
5. Leave before release;
6. Parole; and
7. Other rights in accordance with the provisions of the legislation.

We can see above that assimilation is one of the rights of inmates of correctional institutions as regulated by law. 

Assimilation Form:[4]

• Education;
• Skills training;
• Social work activities;
• Other coaching in the community

Assimilation can be carried out:[5]

• Independently;
• With third parties, it must be based on a cooperation agreement that contains the rights and obligations of the parties.

The form of assimilation for convicts of special crimes is in the form of social work in social institutions. Social institutions engaged in: Religion, Agriculture, Education and culture, Health, Humanity, Hygiene, and which are oriented to provide services to the community. Provisions for coaching and mentoring for educational activities, skills training, social activities, and coaching outside the detention center/prison, are carried out by the detention center/prison officer. As for the activities of working for third parties, working independently, and placement in the Open Prison, it is carried out by the Rutan/Prison Officer and BAPAS.[6]

Are there any Assimilation exceptions? The answer is yes. Assimilation is not granted to Prisoners:[7]

• Who is in danger of life;
• Who is serving life imprisonment.

From the description above, the author thinks it is quite clear and provides a glimmer of insight for readers who need it. And if you have any legal issue with this topic (Assimilation), contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Pelaksanaan Asimilasi Narapidana di Lembaga Pemasyarakatan Terbuka Jakarta", www.neliti.com., Diakses pada tanggal 3 September 2022, https://www.neliti.com/publications/217392/pelaksanaan-asimilasi-narapidana-di-lembaga-pemasyarakatan-terbuka-jakarta

2. "Types of Remission in Indonesia", www.hukumindo.com., Diakses pada tanggal 3 September 2022, https://www.hukumindo.com/2022/08/types-of-remission-in-indonesia.html

3. Ibid.

4. "PROGRAM REMISI,ASIMILASI,PB,CB,CMB, DAN CMK", lpppkp.kemenkumham.go.id., Diakses pada tanggal 3 September 2022, https://lpppkp.kemenkumham.go.id/informasi-publik/prosedur-pelayanan/layanan-bidang-informasi-dan-komunikasi-6/program-remisi-asimilasi-pb-cb-cmb-dan-cmk

5. Ibid.

6. Ibid.

7. Ibid.

Conditions for Obtaining Remission

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Types of Remission in Indonesia", "How to Open a Police Report in Indonesia?", you may read also "First Legal Aid When a Foreigners Arrested By The Police" and on this occasion we will discuss about 'Conditions for Obtaining Remission'.

In the previous article we have understood that "general remission" is given to all inmates of the correctional institution. This remission is given every commemorating the independence day of the Republic of Indonesia, which is August 17 in every year. We have also seen that "special remission" is a period of reduced punishment given to all inmates of a correctional institution when each inmate commemorates religious holidays. We have also understood that "humanitarian remission" is a reduction in serving a sentence for reasons of universally recognized elementary values ​​of human beings. We have also understood that "additional remission" is a reduction in serving a sentence based on certain rules which becomes a bonus when a prison inmate does something useful.

Various remissions as explained above, of course it has conditions, and this is regulated in the relevant law such as Regulation of the Minister of Law and Human Rights (Permenkum HAM) Number 3 of 2018 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Conditional Release, Leave Before Release, and Conditional Leave as amended by Permenkum HAM Number 18 of 2019 and Permenkum HAM Number 7 of 2022, these conditions are:[1]

• Have a good behavior, 
• and has served a criminal term of more than six months. 

Remissions are not given to prisoners who are on leave before being released and are serving confinement as a substitute for fines. Meanwhile, for children who are in conflict with the law, remission can be granted if they meet the requirements, namely: 

• Have a good behavior, 
• Have served a criminal period of more than three months, and are not yet 18 years old.

Remissions are not given to children who are on leave before being released and are undergoing job training as a substitute for fines.[2]

There are separate requirements for Terrorism, Narcotics and Corruption convicts related to this remission, namely:[3]

• Have a Good behavior and having served a criminal term of more than six months are the two main requirements that must be met by prisoners if they want to get remission. 

However, there are additional requirements for terrorism, narcotics and corruption convicts who wish to be granted remission. For convicts of criminal acts of terrorism, additional requirements must be met, namely:[4]

• Having participated in the deradicalization program organized by Lapas and/or the National Counterterrorism Agency (BNPT), 
• Stating a written pledge of allegiance to the Unitary State of the Republic of Indonesia for Indonesian citizen prisoners, or stating a written pledge not to repeat the criminal act of terrorism for foreign national prisoners. 

For narcotics convicts, precursors of narcotics and psychotropic substances, additional requirements that must be met to obtain remission are: [5]

• They must be willing to cooperate with law enforcement to help dismantle criminal cases they have committed. 

Meanwhile, for corruption convicts, apart from having to fulfill two main requirements, they also have to pay fines and replacement money in accordance with court decisions.[6] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Syarat untuk Mendapatkan Remisi bagi Narapidana", www.kompas.com., Diakses pada tanggal 1 September 2022, https://nasional.kompas.com/read/2022/04/20/00450081/syarat-untuk-mendapatkan-remisi-bagi-narapidana

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

Types of Remission in Indonesia

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Several Important Legal Permit for Apartments", "What's The Difference Between Police Report and Public Complaint?", you may read also "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about 'Types of Remission in Indonesia'.

In the flow of punishment in Indonesia, we will be faced with a long process. The final stage of the process is the correctional process. In the correctional process as intended, there is a term that is often expected by inmates/convicts, namely remission. On this occasion we will introduce to the readership about the types of remission that exist in Indonesia.

Legal Basis

Recently, President Joko Widodo signed Law Number: 22 of 2022 concerning Corrections, this Law is a criminal justice subsystem that carries out law enforcement in the field of treatment of prisoners, children, and inmates.[1] As part of the criminal sub-system in Indonesia, this Corrections Law also regulates remission. To understand about this remission, it's good to read the following remission terminology.

Term of Remission

Article 10 point 1 Law Number: 22 of 2022 concerning Corrections regulates the rights of prisoners, namely as follows:[2]

1. Remission;
2. Assimilation;
3. Leave to visit or be visited by family;
4. Conditional leave;
5. Leave before release;
6. Parole; and
7. Other rights in accordance with the provisions of the legislation.

Although it is regulated in this law, it does not directly describe the term remission. Therefore we will refer to other sources of law, namely: Government Regulation No: 32 of 1999 concerning Terms and Procedures for Implementing the Rights of Correctional Inmates. According to this legal source, what is meant by remission is:[3]

"Remisi adalah pengurangan masa menjalani pidana yang diberikan kepada narapidana dan anak yang memenuhi syarat-syarat yang ditentukan dalam peraturan perundang-undangan. (Free Translation: Remission is a reduction in the period of serving a sentence given to prisoners and children who meet the requirements specified in the legislation.)"

In the Government Regulation as above, we can understand that what is meant by remission is: "a reduction in the period of serving a sentence". This is the essence of the term remission.

Types of Remission in Indonesia

The type of remission is regulated in the Regulation of the Minister of Law and Human Rights (Permenkum HAM) Number 3 of 2018 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Conditional Release, Leave Before Release, and Conditional Leave as amended by Permenkum HAM Number 18 of 2019 and the Minister of Law and Human Rights Regulation Number 7 of 2022.[4]

In general, the types of remission granted by the government are as follows:[5]

• general remission, 
• special remission, 
• humanitarian remission, and 
• additional remission.

General Remission

General remission was given on the anniversary of the proclamation of independence of the Republic of Indonesia on 17 August. The amount of general remission given, namely:[6]

• for prisoners who have been imprisoned for six to 12 months are given one month remission,
• those who have been imprisoned for more than 12 months are given two months remission, 
• those who have been imprisoned for two years are given three months remission, 
• for those who have Those who have been imprisoned for three years are given four months' remission, 
• those who have been imprisoned for four and five years are given five months' remission, 
• those who have been imprisoned for six years and so on are given six months' remission.

Special Remission

Special remissions are given during religious holidays according to the prisoner's religion. Religious holidays that are used as references, namely:[7]

• Islam: Eid al-Fitr, 
• Protestant and Catholic Christians: Christmas, 
• Hindu: Nyepi, 
• Buddhist: Vesak Day. 
• In addition to these religions (other religions, beliefs, foreigners), usually prisoners will choose a belief that is similar to the religion mentioned above. 

The amount of the special remission is:[8] 

• for prisoners who have been imprisoned for six to 12 months, 15 days are given remission, 
• for those who have been imprisoned for more than 12 months to three years, are given one month remission, 
• for those who have been imprisoned for four and five years, are given one month remission days,
• for those who have been imprisoned for six years, are given two months remission.

Humanitarian Remission

Remissions for the benefit of humanity are given to:[9]

• Child prisoners, 
• Prisoners aged over 70 years, 
• Prisoners who are declared by prison doctors/expert doctors to have incurable, life-threatening diseases, or require expert treatment, 
• Prisoners who are sentenced to a maximum sentence of one year.

Additional Remission

Additional remission is given together with general remission. This remission is given if the prisoner performs useful actions, such as:[10]

• Providing services to the state: The amount of remission is half of the general remission obtained in the current year, 
• Beneficial to the state or humanity (for example, becoming an organ donor and/or blood donor): Amount remission equal to half of the general remission obtained in the current year, 
• Assisting coaching activities in correctional institutions: The amount of remission is one-third of the general remission obtained in the current year, 
• Witnessing perpetrators who cooperate with law enforcement: Remission amount is half of general remission earned in the current year.

And if you have any legal issue with your remission application, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Jokowi Teken UU 22/2022 tentang Pemasyarakatan", sulbar.kemenkumham.go.id., Diakses pada tanggal 30 Agustus 2022, https://sulbar.kemenkumham.go.id/berita-kanwil/5662-jokowi-teken-uu-22-2022-tentang-pemasyarakatan

2. Law Number: 22 of 2022 concerning Corrections.

3. PP No: 32 Tahun 1999 Tentang Syarat Dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan (Government Regulation No: 32 of 1999 concerning Terms and Procedures for Implementing the Rights of Correctional Inmates).

4. "Jenis-Jenis Remisi Narapidana", nasional.kompas.com., Diakses pada tanggal 30 Agustus 2022, https://nasional.kompas.com/read/2022/04/19/00300081/jenis-jenis-remisi-narapidana

5. Ibid.

6. Ibid.

7. Ibid.

8. Ibid.

9. Ibid.

10. Ibid.

Several Important Legal Permit for Apartments

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Strategic Licensing in the Housing Business in Indonesia", "Is the Property Sector in Indonesia Open to Foreign Investment?", you may read also "How To Buy Land In Indonesia?" and on this occasion we will discuss about 'Some Important Legal Permit for Apartments'.

Simply, the development of an apartment includes three activities, namely the (1) purchase or acquisition of land, (2) construction, and (3) property management.[1] Land acquisition means the purchase of land from the community by the developer to then be used as a place to build apartments. Construction is the process of building an apartment unit which will be sold by the developer and then occupied by the owner. Property management, in this case apartments, is a series of treatments for after sales apartment units.

Of the three activities above, Several Important Legal Permissions for Apartments are:[2]

1. Location Permit, is a permit granted to a business actor to obtain the land needed for his business and/or activity and also applies as a permit to transfer rights and to use the land for his business and/or activities.
2. Application for Building Use Rights (HGB), is (as stipulated in the Basic Agrarian Law) the right to construct and own a building on land that is not one's own for a maximum period of 30 years.
3. Land Use Permit (IPPT), is a permit granted to a company/agency/institution based on a location permit/location determination that has been approved by the Regent. Land Utilization Permit is one of the administrative requirements to obtain a Building Permit (IMB).
4. Master Plan or Rencana Induk Tapak (RIT) and City Plan Description or Keterangan Rencana Kota (KRK), is is a space utilization permit, in which case the building to be erected must comply with the City Spatial Detail Plan. City Plan Description or Keterangan Rencana Kota (KRK), is are permits in the form of land designation and use of buildings, intensity of space utilization and other technical requirements imposed by the Regional Government in Certain Locations.
5. Site Plan (Rencana Tapak), is primarily made for projects with a land area of ​​up to 50 hectares according to proof of land ownership. This letter also stipulates that the size of the land area may not exceed the land area stated in the Space Utilization Permit and Location Permit.
6. Environmental Impact Analysis (AMDAL), is is a study of the possible changes in socio-economic aspects and biophysical characteristics of the environment due to an activity plan. 
7. Traffic Impact Analysis (Amdalalin), is a study or study of the traffic impact of a particular activity or business, the results of which will be contained in an "Amdalalin" document or a traffic regulation plan.
8. Environmental Permits, is a permit granted to every person conducting a Business and/or Activity which is required to have an analysis of environmental impacts in the context of environmental protection and management as a prerequisite for obtaining a Business and/or Activity permit.
9. Building Permit (IMB), is a permit granted by the Regional Head (Regent or Mayor) to building owners to build new, modify, expand, reduce, and/or maintain buildings in accordance with applicable administrative and technical requirements.

It should be noted, from several apartment permits as mentioned above, the most important in this context is the Building Permit (IMB). As the title of the article above, it is also necessary to add permits that are directly related to flats/or apartments as regulated in Law no. 20 of 2011 concerning Flats, also Government Regulation No. 13 of 2021 concerning the Implementation of Flats, and others related Law. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Ini Tahapan Perizinan yang Harus Dipenuhi Pengembang", www.kompas.com., Diakses pada tanggal 27 Agustus 2022, https://properti.kompas.com/read/2018/10/22/190000721/ini-tahapan-perizinan-yang-harus-dipenuhi-pengembang-properti

2. "Strategic Licensing in the Housing Business in Indonesia", www.hukumindo.com., Diakses pada tanggal 27 Agustus 2022, https://www.hukumindo.com/2022/08/strategic-licensing-in-housing-business.html

3. Basic Agrarian Law.

Strategic Licensing in the Housing Business in Indonesia

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Is the Property Sector in Indonesia Open to Foreign Investment?", "How To Buy Land In Indonesia?", you may read also "Principles of Buying Land in Indonesia" and on this occasion we will discuss about 'Strategic Licensing in the Housing Business in Indonesia'.

In the previous article, questions have been answered regarding the opening up of the property sector for foreign investment in Indonesia, and on this occasion we will discuss further what permits need to be obtained from the relevant government agencies if you are interested in investing in this sector. Licensing in the property business sector in Indonesia is not small in number, but if there is a simplification, there are at least 9 strategic permits that need to be known. Of course, these 9 strategic licenses are the www.hukumindo.com platform version. Please have a look as described below:[1]

1. Environmental Permit, is a permit granted to every person conducting a Business and/or Activity which is required to have an analysis of environmental impacts in the context of environmental protection and management as a prerequisite for obtaining a Business and/or Activity permit.
2. Description of the General Spatial Plan, is divided into several categories ranging from district, city, provincial, to national scales. In general, the content of the spatial plan includes the spatial structure plan and the spatial pattern plan. In practice, this letter is also closely related to another letter, namely the Regional Spatial Plan (RTRW) in an area.
3. Land Use Permit, is a permit granted to a company/agency/institution based on a location permit/location determination that has been approved by the Regent. Land Utilization Permit is one of the administrative requirements to obtain a Building Permit (IMB).
4. Principle Permit, is a license from the Investment Coordinating Board (BKPM) that must be owned by business owners or investors who want to open a business or invest in Indonesia. The investment in question can be in the form of Foreign Investment (PMA) or Domestic Investment (PMDN). This license is valid for foreign companies that choose Indonesia as a place to invest.
5. Location Permit, is a permit granted to a business actor to obtain the land needed for his business and/or activity and also applies as a permit to transfer rights and to use the land for his business and/or activities.
6. Environmental Impact Analysis, is a study of the possible changes in socio-economic aspects and biophysical characteristics of the environment due to an activity plan. 
7. Traffic Impact Permit, is a study or study of the traffic impact of a particular activity or business, the results of which will be contained in an "Andalalin" document or a traffic regulation plan.
8. Site Plan Approval, is primarily made for projects with a land area of ​​up to 50 hectares according to proof of land ownership. This letter also stipulates that the size of the land area may not exceed the land area stated in the Space Utilization Permit and Location Permit.
9. Building Permit, is a permit granted by the Regional Head (Regent or Mayor) to building owners to build new, modify, expand, reduce, and/or maintain buildings in accordance with applicable administrative and technical requirements.

It should be noted, these licenses are related to one another, this has a logical consequence that one license will not be issued if the other is not or has not been approved. There are various agencies authorized to issue these permits, both at the district/city and provincial levels to the central level. It is better if the licensing process is carried out by human resources with a background in law so that the level of fluency and success is reasonable. It should also be noted that the permissions described in this article are only some, not all. In fact, according to the author's experience when working as a site acquisition in a private company in Jakarta, for housing a permit related to a public cemetery is also required. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Siapkan 9 Izin Perumahan Ini Sebelum Memulai Bisnis Properti", perizinanjakarta.com., Diakses pada tanggal 23 Agustus 2022, https://perizinanjakarta.com/siapkan-9-izin-perumahan-ini-sebelum-memulai-bisnis-property/

Is the Property Sector in Indonesia Open to Foreign Investment?

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Understanding 5 Steps Foreign Direct Investment In Indonesia", "Latest Negative List of Investments In Indonesia", you may read also "How To Buy Land In Indonesia?" and on this occasion we will discuss about 'Is the Property Sector in Indonesia Open to Foreign Investment?'.

The www.hukumindo.com platform has discussed in several of its articles the legal aspects of investing in Indonesia for foreign nationals. In some cases, there are still questions from some investors regarding which sectors can be entered for investment. This is reasonable because all countries have policies in opening or closing several sectors of their country to foreign investment. On this occasion it will be specific to the property sector, the question then is: Is the property sector open to foreign investment?

Recent Negative List of Investment

In the article entitled: "Latest Negative List of Investments In Indonesia", the following is Closed Business Fields according to Presidential Regulation Of The Republic Of Indonesia Number: 49 Year 2021 Concerning Amendment To Presidential Regulation Number: 10 Year 2021 Concerning Investment Business Sector:[1]

• Narcotics;
• Any form of gambling and/or casino;
• (Convention on International Trade in Endangered Species of Wild Fauna and Flora) CITES-listed fishing;
• Utilization or collection of coral/coral;
• Chemical weapons manufacturing industry; and
• Chemical industry and the ozone layer depleting industry, (6 business fields, previously 20 business fields).
• The liquor industry containing alcohol such as wine and the beverage industry containing malt are also included in the business sector that is closed in nature.
• Manufacture of traditional medicinal products.
• Manufacture of raw materials for traditional medicines for humans.
• Manufacture of building goods from wood.
• Coffee processing industry that has obtained geographical indications.
• Rendang Industry.
• Ship Industry (phinisi, outrigger, and wooden boats with traditional designs).
• Non-furniture wood carving handicraft industry, wood carving, reliefs, masks, statues and puppets.
• Traditional cosmetic industry.
• Batik Industry (Written Batik, stamp, and combination).
• Industry of crackers, chips, dents, and the like.
• Art Gallery.
• Wooden building goods industry.

Property Sector and Negative List of Investment

As stipulated in Presidential Regulation Of The Republic Of Indonesia Number: 49 Year 2021 Concerning Amendment To Presidential Regulation Number: 10 Year 2021 Concerning Investment Business Sector above, property sector is not in the negative list. So, the answer of the question of: is the property sector open to foreign investment? Is YES. Property sector is open to foreign investment in Indonesia.

In addition, there are several reasons that make the property sector open to foreign investment, one of which is because the need for property products in Indonesia is still quite large. Citing one source in Indonesian online media, the number of housing backlogs in Indonesia is estimated at 13 million. This means that this sector still has opportunities and markets that can be explored and developed.[2] In another words, to meet the needs of a large market, foreign investors are still needed to work on the sector. This huge demand cannot be met by only domestic investment. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Latest Negative List of Investments In Indonesia", www.hukumindo.com., Diakses pada tanggal 20 Agustus 2022, https://www.hukumindo.com/2021/08/latest-negative-list-of-investments-in.html

2. "Investor Asing Semakin Serius Merambah Bisnis Properti di Indonesia", kontan.co.id., Diakses pada tanggal 20 Agustus 2022, https://industri.kontan.co.id/news/investor-asing-semakin-serius-merambah-bisnis-properti-di-indoensia

Why are Apartment Purchases by Foreigners in Indonesia Still Low?

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Term and Conditions for Foreign Citizens to Buy an Apartments in Indonesia", "Is Foreign Citizens Permitted to Buy an Apartments in Indonesia?", you may read also "Variety of Apartment Ownership Rights in Indonesia" and on this occasion we will discuss about 'Why are Apartment Purchases by Foreigners in Indonesia Still Low?'.

The government has allowed property ownership such as apartments for foreign nationals (foreigners). However, the realization of purchases from foreigners is still minimal. According to the Research Colliers Indonesia, foreigners are still reluctant to buy apartment dwellings in Indonesia are two factors, namely regulatory issues and buyer motivation.[1]

"Actually, the foreign ownership regulations that have been issued are sufficient, but with the employment creation law, it should be more interesting. But it doesn't change much. Why? We can see that apartment sales to foreigners are not growing". According to Research Colliers Indonesia, property ownership regulations in Indonesia cannot be as free as Singapore. There, foreigners easily own property if they have money, so there is a lot of interest in buying. "There is no obligation to visit the apartment or have to work there. It makes people more comfortable," Research Colliers Indonesia explained. In addition, many foreigners in Indonesia are not motivated because they only work for 2 - 3 years. So they are not interested in buying property, even though there are apartments with better prices and quality.[2]

"If you buy it, you will have to sell it again, if you no longer work here, this creates problems, as long as there is a rental option, they will rent it. Except for people who have businesses here. Even then, the population is not large. The market is not large," said Research Colliers Indonesia. For information, the Government issues regulations for foreign ownership property through Government Regulation (PP) Number: 18 of 2021 concerning Management Rights of Land Rights, Flat Units, and Land Registration. Where it is written in article 69, foreigners can own a residential house that has immigration documents in accordance with statutory provisions.[3]

Occupancy that can be owned by foreigners is a landed house, right of use or right of ownership based on an agreement for granting use rights over property rights with the official deed of the land deed. Or flats built on state land parcels, right of use or right of building on state land, land with management rights, and land with property rights. Even though in Article 72 there are limits given to property ownership for foreigners, such as the minimum price, land area, amount, and designation.[4] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "WNA Ogah Beli Apartemen di Indonesia, Kenapa?", www.cnbcindonesia.com., diakses pada tanggal 17 Agustus 2022, https://www.cnbcindonesia.com/news/20220105141212-4-304814/wna-ogah-beli-apartemen-di-indonesia-kenapa

2. Ibid.

3. Ibid.

4. Ibid.

Term and Conditions for Foreign Citizens to Buy an Apartments in Indonesia

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Is Foreign Citizens Permitted to Buy an Apartments in Indonesia?", "Variety of Apartment Ownership Rights in Indonesia", you may read also "What Types of Land Ownership May Company Obtain In Indonesia?" and on this occasion we will discuss about 'Term and Conditions for Foreign Citizens to Buy an Apartments in Indonesia'.

Previously, we discussed the types of apartment ownership rights in Indonesia. From this type of ownership, it can be known about the type of right mat that is suitable for you, especially foreign nationals who want to buy an apartment in Indonesia. In addition, on previous occasions, we have also answered the basic question of whether a foreign citizen can buy an apartment in Indonesia, and the answer is 'yes', for those of you foreign nationals, you can buy an apartment in Indonesia. It's just that, from our previous two articles, there are questions that have not been completed, because of course there are terms and conditions that apply specifically to those of you foreign nationals who want to buy an apartment in Indonesia. On this occasion we are here to try to answer these questions. The following are the terms and conditions:

1. Ownership Time Limit

The conditions for purchasing foreign property in Indonesia are quite strict. There are many provisions that are applied, according to Government Regulation of the Republic of Indonesia No. 103 of 2015 concerning Ownership of Residential Houses or Occupancy by Foreigners Domiciled in Indonesia, as stated in Article 5, foreigners are given the Right of Use for the purchase of a new single house and the Right of Ownership of the condominium unit above the Right of Use for the purchase of a condominium unit for the purchase of a new unit. Referring to Permenkumham (Regulation of the Minister of Law and Human Rights) No. 23 of 2016 Article 1 paragraph 1, the requirements for buying a house for foreigners include: a). Domiciled in Indonesia; b). Not an Indonesian citizen; c). Providing benefits, doing business, working or investing in Indonesia.[1]

The foreign property ownership as referred to is: a). Single house on land (1) Right of Use or (2) Right of Use on Ownership that is controlled based on an agreement granting Right of Use over Ownership with a deed of Land Deed Maker Official (PPAT); b). A condominium unit (flat unit) which is built on a land parcel with the Right to Use. PP (Government Regulation) Number: 103/2015 states, Single Houses are given on land with Use Rights that can be owned by Foreigners given for a period of 30 (thirty) years, and can be extended for a period of 20 (twenty) years. In the event that the extension period referred to ends, the Right of Use may be renewed for a period of 30 (thirty) years.[2]

As for Single Houses on land with Right to Use (Hak Pakai) over Ownership Rights controlled under the agreement as referred to, the Right to Use is granted for an agreed period of not longer than 30 (thirty) years. The Right of Use may be extended for a maximum period of 20 (twenty) years in accordance with the agreement with the holder of the land right, and may be renewed for a maximum period of 30 (thirty) years in accordance with the agreement with the holder of the land right. Article 8 of PP (Government Regulation) Number: 103 of 2015 says: "The extension and renewal as intended is carried out as long as the Foreigner still has a residence permit in Indonesia."[3]

2. Property Must be Occupied

PP (Government Regulation) No. 103 of 2015 also stipulates that if a foreigner or heir who is a foreigner who owns a house built on a land of use rights or based on an agreement with the holder of land rights is no longer domiciled in Indonesia, within a period of one year, he is obliged to relinquish or transfer the rights to the house and land to other parties who meet the requirements.[4]

If within the period as intended (1 year) the right to property of the foreigner has not been released or transferred to another party who meets the requirements, the house (will) be auctioned off by the State, in the event that it is built on land with Right of Use on State land; and the house belongs to the holder of the right to the land concerned, in the event that the house is built on land based on the agreement as intended.[5]

3. The Basis of the Right of Ownership is the Right of Use

Foreigner property ownership has been regulated based on PP (Government Regulation) Number: 103 of 2015 article 5, but the certificate that will be used is the Right of Use, not the Right of Ownership. It is also explained in Article 6 PP (Government Regulation) No. 103 of 2015 that the certificate of use of property rights of foreigners is valid for 30 years and is extended for 20 years, then it will be renewed for 30 years. The total right to use foreign property to live in is 80 years. When the usufructuary rights have been completed, it will return to the property rights party.[6]

4. Applying for Building Use Rights (HGB) for Companies

If the foreigner's property is not a residence but a Company? Then the foreigner can apply for Building Use Rights (HGB) if he has his own PT (Company). The use of HGB on land that does not belong to him has a term of 30 years and can be extended for 20 years.[7]

5. Have a Limited Stay Permit Card (KITAS)

In accordance with what has been stipulated in PP (Government Regulation) Number: 103 of 2015, Article 2 Paragraph 2 that only foreigners who have a residence and permanent permit can buy property in Indonesia. The permit is a Limited Stay Permit Card (KITAS) issued by the Ministry of Law and Human Rights. KITAS is the main requirement for the procedure for buying foreign property. Various requirements that are not easy must be passed to obtain a KITAS, one of which is having to work in Indonesia first. KITAS can be extended for 2 years, with the overall residence permit in Indonesia not more than 6 years.[8]

6. Not all Types of Housing can be Purchased

The question arises, can foreigners buy any type of property they want? Not all types of property can be purchased by foreigners. This is stated in Article 1 Paragraph (2) and Paragraph (3) PP (Government Regulation) Number: 103 of 2015, that only single houses and flats can become the property of foreigners. Flats or condominium units are flats that have the purpose of being a place to live and are connected to public roads. While a single house is a house that has one lot and one of the walls is not built on the boundary of the lot.[9]

7. Property Can't Be Purchased from Second Hand

Keep in mind that foreign property must be purchased directly from the developer or land owner directly without intermediaries or second parties. This is in accordance with the provisions of Permendagri (Minister of Home Affairs Regulation) Number:13/2016, Article 2. This means, before buying the property you want, you as a foreign citizen need to find accurate information about a credible developer.[10]

8. Inheritable Property

As stated in Article 10 Paragraph 2 PP (Government Regulation) Number: 103 of 2015, if the foreigner does not transfer the rights to the property within 1 year, the property will be auctioned by the State or become the property of the holder of the land rights in accordance with the agreement. This regulation applies if the foreigner's property is no longer inhabited within a period of 1 year. Then the foreigner is obliged to relinquish or transfer the property rights to a qualified party. In other words, foreigner property can be inherited both to Indonesians and foreigners.[11]

9. Married to Indonesian Citizen (WNI)

A foreigner is required to marry an Indonesian in order to own property. This is done to complete the requirements for foreigners to purchase foreign property. Thus, foreign nationals have the opportunity to become Indonesian citizens. Foreign Citizens are required to list their property in the Prenuptial Agreement. The property of the foreigners listed will become the joint property (harta bersama) of the spouse.[12]

10. There is a Limit on Property Prices That Can Be Purchased by Foreign Citizens (WNA)

In accordance with Minister of ATR/Head of BPN Regulation 13/2016 and Minister of ATR/Head of BPN 29/2016, the following is the minimum (minimum) price for property purchase for Foreign Citizens in several provinces:[13]

• Minimum house price that can be purchased by foreign nationals: Jakarta 10 Billion Rupiah, Banten 5 Billion Rupiah, West Java 5 Billion Rupiah, Central Java 3 Billion Rupiah, Special Region of Yogyakarta 3 Billion Rupiah, East Java 5 Billion Rupiah, Bali 3 Billion Rupiah, West Nusa Tenggara 2 Billion Rupiah, North Sumatra 2 Billion Rupiah, East Kalimantan/Borneo 2 Billion Rupiah, South Sulawesi 2 Billion Rupiah and other areas 1 Billion Rupiah.
• Minimum apartment price that can be purchased by foreign nationals: Jakarta 5 Billion Rupiah, Banten 1 Billion Rupiah, West Java 1 Billion Rupiah, Central Java 1 Billion Rupiah, Special Region of Yogyakarta 1 Billion Rupiah, East Java 1,5 Billion Rupiah, Bali 2 Billion Rupiah, West Nusa Tenggara 1 Billion Rupiah, North Sumatra 1 Billion Rupiah, East Kalimantan/Borneo 1 Billion Rupiah, South Sulawesi 1 Billion Rupiah and other areas 750 Million Rupiah.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Ketentuan dan Prosedur Pembelian Properti Warga Negara Asing (WNA) di Indonesia", www.rumah.com., Diakses pada tanggal 12 Agustus 2022, https://www.rumah.com/panduan-properti/properti-wna-8121

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

7. Ibid.

8. Ibid.

9. Ibid.

10. Ibid.

11. Ibid.

12. Ibid.

13. "Ini Dia Minimal Harga Properti Untuk WNA", www.rumah.com., Diakses pada tanggal 12 Agustus 2022, https://www.rumah.com/berita-properti/2018/7/173112/ini-dia-minimal-harga-properti-untuk-wna