This Is What Will Happen If Your Land Use Rights Expire

  

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Now, Foreign Citizens Can Buy Property in Indonesia With Just a Passport", "What is the difference between Cultivation Rights (HGU), Building Use Rights (HGB) and Property Rights (SHM)?", you may read also "Term and Conditions for Foreign Citizens to Buy an Apartments in Indonesia" and on this occasion we will discuss about 'This Is What Will Happen If Your Land Use Rights Expire'.

Based on Law number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), building use rights are the right to construct and own buildings on land that is not one's own for a maximum period of 30 years. Meanwhile, this time period can be extended to a maximum of 20 years.[1]

If the HGB holder no longer meets the requirements, within a period of one year he is obliged to release or transfer the HGB to a party who meets the requirements. If this is not done, then this right is legally extinguished. There are several things that cause the loss or deletion of HGB. Based on Government Regulation Number 18 of 2021 article 46, here are the reasons:[2]

1. The expiration of the period as stipulated in the decision to grant, extend or renew the rights.
2. The right is canceled by the Minister before the period ends because: (a). Failure to fulfill the provisions of obligations and/or prohibitions for rights holders. (b). Failure to fulfill the conditions or obligations contained in the HGB grant agreement between the HGB holder and the owner of the ownership rights or the land utilization agreement with Management Rights. (c). Administrative defects, or (d). The court decision has obtained permanent legal force.
3. Changed the right to another land right.
4. Released voluntarily by the rights holder before the term expires.
5. Released for public interest.
6. Revoked by law.
7. Designated as Abandoned Land.
8. Designated as Desolate Land.
9. Expiration of the agreement granting rights or land use agreement for HGB over ownership rights or management rights.
10. The rights holder no longer meets the requirements as a rights subject.

As additional information, this HGB can be transferred and transferred to other people. Please note, those who can own HGB are Indonesian citizens (WNI) and legal entities established according to Indonesian law and located in Indonesia.[3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Apa yang Akan Terjadi Kalau HGB Tanah yang Kamu Tempati Habis? Ini Jawabannya", www.detik.com., Almadinah Putri Brilian, Senin, 27 Mei 2024, Diakses pada tanggal 24 Juni 2024, Link: https://www.detik.com/properti/tips-dan-panduan/d-7359134/apa-yang-akan-terjadi-kalau-hgb-tanah-yang-kamu-tempati-habis-ini-jawabannya

2. Ibid.

3. Ibid.

Now, Foreign Citizens Can Buy Property in Indonesia With Just a Passport

  

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Fees That Must Be Paid When Renting an Apartment in Indonesia", "6 Property Investment Tips in Bali for Foreigners", you may read also "Is the Property Sector in Indonesia Open to Foreign Investment?" and on this occasion we will discuss about ''.

The new policy of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (Kemen ATR/BPN) means that foreigners can now buy property in Bali and other areas. The Bali Regional Office (Kanwil) of the Ministry of Law and Human Rights stated that all foreigners can buy and own property in Bali. This applies to foreigners holding all types of residence permits. "Yes, all types of residence permits are permitted. (Including Visa on Arrival)," said Head of the Bali Regional Office of the Ministry of Law and Human Rights, Anggiat Napitupulu.[1]

Anggiat explained that property ownership by foreigners in Bali and elsewhere in Indonesia is not dependent on the type of residence permit. However, there will still be restrictions, such as the type and price of property that foreigners can buy. The ATR/BPN Ministry will have the authority to determine the type and price of property for foreigners in Indonesia. Therefore, Anggiat believes that the property ownership policy for foreigners does not need to cause concern.[2]

"I think this is okay. Because the foreigner still has to have a residence permit when making a transaction. And ownership of the transaction will not determine the type of immigration residence permit," explained Anggiat. Based on the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1241/SK-HK.02/IX/2022 concerning Acquisition of Residential/Residential House Prices for Foreigners, there are various minimum housing prices that can be purchased by foreigners, depending on the region.[3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Kini, Bule Boleh Beli Properti di Bali, Cuma Modal Paspor-VoA", www.detik.com., Aryo Mahendro, 6 Agustus 2023, Diakses pada tanggal 15 Juni 2024, Link: https://travel.detik.com/travel-news/d-6860934/kini-bule-boleh-beli-properti-di-bali-cuma-modal-paspor-voa.

2. Ibid.

3. Ibid.

Fees That Must Be Paid When Renting an Apartment in Indonesia

 

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Hackers Break into Ticketmaster Concert Ticket Website, Steal Millions of User Data", "Variety of Apartment Ownership Rights in Indonesia", you may read also "Not Paying 3 Months' Rent, Man Allegedly Locked by Apartment Owner Until He Starved to Death" and on this occasion we will discuss about 'Fees That Must Be Paid When Renting an Apartment in Indonesia'.

In general, Indonesian people's understanding of rental houses is that they just have to pay the rental fee and then they can live in it straight away, but in reality this is not the case. In some rental houses, residents also have to pay for several other facilities, such as cleaning, electricity, water, and so on. Meanwhile, apartments are a type of rental house with far more complete facilities compared to boarding houses or rented houses. So what costs must be paid if we want to rent an apartment?[1]

Fees That Must be Paid When Renting an Apartment

According to Colliers Property Observer, Steve Sudijanto, apartment rental costs have 3 main components, namely: apartment rental costs, building service costs, and daily needs such as electricity, water, parking and so on.[2]

"There are 3 components to the cost of renting an apartment, the first is apartment rental, the second is service charge or building maintenance, and the last is electricity with building management rates, parking and water," explained Steve. Steve also explained that parking fees in apartments are of course mandatory to pay attention to, because these fees are not cheap and there are various types. Usually apartments provide 2 types of parking fees, reserve parking and non-reserve parking.[3]

Who Will Responsible for Damaged Apartment Facilities?

Property Development & Investment Specialist, Anton Sitorus said, there are two types of damage, if the damage occurs before the handover process, then the damage is entirely the responsibility of the developer, this is different from damage that occurs when the occupant has occupied the room after a long time.[4]

"If the damage is caused by us using it, it is not borne by the management. However, if the structural damage is not due to our own use or is simply an error by the building contractor, it can be claimed and reported to the management. Regarding who will cover it later, it depends on negotiations." Anton answered. Anton also appealed to prospective buyers to check the condition of the apartment before signing the agreement and handover letter.[5] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Menghitung Biaya-biaya yang Harus Dibayar untuk Tinggal di Apartemen", www.detik.com., Irfan Indra Pangestu, Minggu, 28 Apr 2024, Diakses pada tanggal 10 Juni 2024, Link: https://www.detik.com/properti/tips-dan-panduan/d-7314151/menghitung-biaya-biaya-yang-harus-dibayar-untuk-tinggal-di-apartemen

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

Hackers Break into Ticketmaster Concert Ticket Website, Steal Millions of User Data

  

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Immodestly Dressed Tourists Anger Indigenous People", "How to Open a Police Report in Indonesia?", you may read also "What's The Difference Between Police Report and Public Complaint?" and on this occasion we will discuss about 'Hackers Break into Ticketmaster Concert Ticket Website, Steal Millions of User Data'.

There's scary news for concert fans. The Ticketmaster concert ticket website was recently hacked by hackers, and the data of 560 million users was stolen. A hacker group called 'ShinyHunters' admitted its actions in an online forum. They said the stolen data included names, addresses, telephone numbers and some credit card details of Ticketmaster customers. This data is reportedly being sold for USD 500 thousand or around IDR 8.1 billion.[1]

The Australian government has checked this news and the FBI has also stepped in to help with the investigation. The Australian Department of Home Affairs is urging people with questions regarding this incident to contact Ticketmaster directly. Until now, Ticketmaster and Live Nation (its parent company) have not provided an official statement regarding this data leak. The authenticity of the data sold by ShinyHunters is still uncertain.[2]

This incident is predicted to impact around 2 million Australians and possibly foreigners, perhaps including Indonesian citizens, who have purchased tickets on this platform. Just in case, you can check your banking activities. If there is something suspicious, immediately block your credit card registered with Ticketmaster. Hopefully your data is safe![3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Duh! Hacker Bobol Website Tiket Konser Ticketmaster, Curi 560 Juta Data Pengguna", www.detik.com., Dicky Ardian, Jumat, 31 Mei 2024, Diakses pada tanggal 6 Juni 2024, Link: https://www.detik.com/pop/music/d-7367101/duh-hacker-bobol-website-tiket-konser-ticketmaster-curi-560-juta-data-pengguna

2. Ibid.

3. Ibid.

Immodestly Dressed Tourists Anger Indigenous People

 

 

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Benefits of Using an Indonesian Bridging Visa", "Foreign Tourists Working Illegally in Bali", you may read also "Indonesia Launches Second Home Visa" and on this occasion we will discuss about 'Immodestly Dressed Tourists Anger Indigenous People'.

A tourist makes Spanish citizens angry. He casually walked along the highway wearing only a drawstring. The identity of the tourist who made Spanish citizens angry is still unknown, but it is thought to be a British tourist. He passed through Palma Street, which is known to be busy, wearing only a tight green drawstring. The photo that was widely discussed was shared by Pedro, a resident of Llucmajor, Municipality in Majorca, Spain. A man is seen wearing black sports shoes, black socks and green tights.[1]

He held a red towel in one hand and a cell phone in the other. The man was seen walking along the Golden Mile shops in Palma, surrounded by dozens of people in the Jaume III area. The man just casually walked, even though many eyes were focused on his striking appearance. Many people expressed their annoyance and asked the authorities to arrest this man.[2]

In fact, tourist operators in Spain are fed up with the arbitrary behavior of British tourists and tourists from other countries in their places. "It's very bad. It's all about drinking and partying. There are no families. We need more families. It's all about the culture of drinking and partying," said Sergio Taltavul, whose family owns the Casa Diego restaurant in Magaluf. He added that authorities need to implement stricter rules regarding liquor regulations. Currently, tourists partying in the Majorcan regions of Palma, Llucmajor and Magaluf as well as San Antonio in Ibiza will be fined between 500 euros and 1,500 euros if they make noise in the neighborhood and disturb others.[3]

Italian Ariana Riesquo-Tomos, who has run the pizzeria with her husband for ten years, said how disturbing it was for British tourists coming to the island. "Most of this island is just for tourism. The British come here for the alcohol and chaos that we offer here in Majorca," he said. This island is actually beautiful, but drunk tourists tarnish the beauty of Majorca's tourism.[4]

According to the UK's Foreign, Commonwealth and Development Office (Kantor Luar Negeri, Persemakmuran, dan Pembangunan Inggris), being on the streets wearing just a bikini or swimming trunks is illegal in some parts of Spain. The department added that there are fines for those who violate this rule.[5] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Turis Berkolor Ijo Santuy Banget Melenggang di Jalan, Warlok Murka", www.detik.com., Syanti Mustika, Rabu, 15 Mei 2024, Diakses pada tanggal 25 Mei 2024, Link: https://travel.detik.com/travel-news/d-7340379/turis-berkolor-ijo-santuy-banget-melenggang-di-jalan-warlok-murka

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

Benefits of Using an Indonesian Bridging Visa

  

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "What is a Bridging Visa?", "Golden Visa and Possible Implementation in Indonesia", you may read also "Indonesia Sport, Music and Art Visa, What Are They?" and on this occasion we will discuss about 'Benefits of Using an Indonesian Bridging Visa'.

Bridging Visas are regulated in Minister of Law and Human Rights Regulation (Permenkumham) Number 11 of 2024 which was ratified on April 1 2024. This Transitional Residence Permit or what is also known as a 'Bridging Visa' is a 'bridge' between a previous residence permit and obtaining a new residence permit.[1]

The validity period of the Transitional Stay Permit is 60 days and is only onshore, namely for foreigners who are already in Indonesian territory. This residence permit is no longer valid if the foreigner leaves Indonesian territory. This stay permit can be used by foreigners who will apply for a change of status to ITAS (Limited Stay Permit).[2]

So what are the main advantages when we use this visa? Referring to the previous provisions, foreigners whose residence permits have expired must leave Indonesian territory first in order to obtain an extension of their residence permits. According to this Minister of Law and Human Rights Regulation (Permenkumham), it is possible for foreign citizens holding a Visit Stay Permit (ITK) to obtain a Limited Stay Permit (ITAS) without having to leave Indonesian territory. The same thing also applies to ITAS and Permanent Stay Permit (ITAP) holders who can no longer be extended. They can obtain a new residence permit without having to leave Indonesian territory.[3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Direktorat Jenderal Imigrasi Berlakukan Bridging Visa", depok.imigrasi.go.id., Diakses pada tanggal 22 Mei 2024, Link: https://depok.imigrasi.go.id/direktorat-jenderal-imigrasi-berlakukan-bridging-visa/

2. "Indonesia Berlakukan Visa Peralihan bagi WNA Pemegang Izin Tinggal", indonesia.go.id., Selasa, 14 Mei 2024, Diakses pada tanggal 22 Mei 2024, Link: https://indonesia.go.id/kategori/keimigrasian/8204/indonesia-berlakukan-visa-peralihan-bagi-wna-pemegang-izin-tinggal?lang=1

3. Ibid.

What is a Bridging Visa?

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Indonesia Immigration Implements Bridging Visa", "Golden Visa and Possible Implementation in Indonesia", you may read also "Indonesia Sport, Music and Art Visa, What Are They?" and on this occasion we will discuss about 'What is a bridging visa?'.

Immigration of Indonesia will present a number of new services. One of them is the 'Bridging Visa' for foreign citizens (WNA).[1] What exactly is meant by this term?

This bridging visa is generally defined as a visa that aims to bridge a previous residence permit with a new residence permit that is in the process of being issued.[2] We can also interpret it as a transitional visa.

"Indonesian bridging visas will be applied to foreign nationals in Indonesian territory who wish to apply for a Golden Visa. Preparations are in the final stages," said a statement from the Immigration Department. This Indonesian Bridging Visa has a validity period of 60 days and is only valid for foreigners in Indonesia. This visa cannot be used by foreigners who leave Indonesian territory.[3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Indonesia Akan Terapkan Bridging Visa untuk WNA, Apa Itu?", kumparan.com., 29 Maret 2024, Diakses pada tanggal 13 Mei 2024, Link: https://kumparan.com/kumparannews/indonesia-akan-terapkan-bridging-visa-untuk-wna-apa-itu-22RcnjKFhvH/full/gallery/1

2. Ibid.

3. Ibid.

Indonesia Immigration Implements Bridging Visa

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Amount of Authorized Capital of Foreign Investment Companies in Indonesia", "Golden Visa and Possible Implementation in Indonesia", you may read also "Indonesia Sport, Music and Art Visa, What Are They?" and on this occasion we will discuss about 'Indonesia Immigration Implements Bridging Visa'.

The Directorate General of Immigration, Ministry of Law and Human Rights (Kemenkumham) implements the Transitional Stay Permit or Bridging Visa policy. Immigration calls the residence permit a 'bridge' between the previous residence permit and obtaining a new residence permit for foreign nationals (WNA). "In this way, foreign citizens holding a Visit Stay Permit submitted via evisa.imigration.go.id are able to obtain a Limited Stay Permit without having to leave Indonesian territory. Likewise, holders of Limited Stay Permits and Permanent Stay Permits which can no longer be extended, can obtain a new Residence Permit without having to leave Indonesian territory," said the Director General of Immigration, Silmy Karim, in a written statement, Tuesday (23/4/2024).[1]

He said the implementation of the Transitional Stay Permit is regulated in Minister of Law and Human Rights Regulation (Permenkumham) Number 11 of 2024 which was ratified on April 1 2024. The validity period of the Transitional Stay Permit is 60 days and only applies to foreigners who are already in Indonesian territory. He said this type of residence permit is no longer valid if the foreigner leaves Indonesian territory. Silmy said that the residence permit could be used by foreigners who would apply for a change of status to a Limited Stay Permit. Foreigners holding a Transitional Stay Permit, he said, are not subject to overstay if their Transitional Stay Permit application is approved after the validity period of the previous stay permit expires. Foreign citizens who wish to use a Transitional Residence Permit must submit an application via the evisa.imigration.go.id page and pay the immigration fee no later than 3 (three) days before the validity period of the previous residence permit expires.[2]

Silmy said that the Transitional Stay Permit would help foreigners save time, energy and accommodation costs that would otherwise be incurred if foreigners had to leave Indonesian territory to submit an application and wait for approval for a new visa. "The implementation of the Transitional Stay Permit is an effort by the Directorate General of Immigration to create legal certainty for foreign citizens residing in Indonesian territory as well as ease of service," he said.[3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Imigrasi Terapkan Bridging Visa, Jadi Jembatan WNA Perbarui Izin Tinggal", www.detik.com., Haris Fadhil, Selasa, 23 Apr 2024, Diakses pada tanggal 12 Mei 2024, Link: https://news.detik.com/berita/d-7305918/imigrasi-terapkan-bridging-visa-jadi-jembatan-wna-perbarui-izin-tinggal

2. Ibid.

3. Ibid.