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.