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

(iStock)

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/