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LOCAL LAND EXAMINATION (GERECHTELIJKE PLAATSOPNEMING)
AS A STRATEGY ON LAND OWNERSHIP DISPUTE SETTLEMENT IN COURT
Written by: Rima Gravianty Baskoro, S.H.
Managing Partner at Rima Baskoro & Partners Law Office
I. LAND OWNERSHIP DISPUTE
We can almost find the land ownership dispute in every island in Indonesia. Correct, it is uncontested that the land will not be produced again, therefore the land prices getting higher along with the decreasing of existing lands, and the increasing of landvalue can increase the percentage of conflicts possibilities of such land ownership. The ownership legal rights of land in Indonesia based on Article 16 Indonesian Regulation Number 5 years 1960 regarding Land Law (“Indonesian Land Law”) divided into: the right of ownership (Hak milik), the right of exploitation (Hak guna usaha) , the right of building (Hak guna bangunan), the right of use (Hak pakai); the right of lease (Hak sewa), the right of opening-up land (Hak membuka tanah), the right of collecting forest product (Hak memungut hasil hutan), and….
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THE EFFECTIVITY OF INDONESIAN REGULATION
AND CORRUPTION COURTS DECISION
REVIEWED BASED ON DETERRENT EFFECT FOR
(SOMEONE WHO IS INTEND TO BE AND) CORRUPTORS IN INDONESIA
By: Rima Gravianty Baskoro, S.H.
Managing Partner at Rima Baskoro & Partners Law Office
On June 2017, has been decided the corruption case done by the former Indonesian Minister of Health, Siti Fadilah Supari. Such decision stated by the Corruption Court Judges at Jakarta on friday 16 june 2017 which basically stated that Siti Fadilah Supari proven guilty by abusing control in the providing of the medical equipment in 2005. For her actions , Siti Fadilah Supari being sentenced for 4 (four) years in prison and pay the penalty rp 200.000.000 (two hundred million rupiah) or replacement 2 (two) months confinement. Siti Fadilah Supari is….
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Oleh:
Rima Gravianty Baskoro, S.H.
Managing Partner di Rima Baskoro & Partners Law Office
Perkawinan adalah peristiwa hukum, dimana seorang laki-laki dan perempuan melangsungkan perjanjian untuk hidup bersama sesuai ketentuan agama dan hukum yang berlaku di Indonesia. Sebelum seseorang terikat dalam pernikahan, segala harta benda dan hutang yang dihasilkan merupakan harta bawaan. Setelah seseorang terikat dalam pernikahan, maka segala harta benda dan hutang yang dihasilkan setelah menikah menjadi milik bersama sebagaimana diatur dalam ketentuan Pasal 35 UU No. 1 tahun 1974 tentang Perkawinan.
Dengan kata lain, jika ada hutang yang terjadi pada saat setelah perkawinan dilangsungkan maka merupakan tanggung jawab suami istri secara bersama-sama. Jika yang berhutang adalah…
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Written by: Rima Gravianty Baskoro, S.H.
Managing Partner of Rima Baskoro & Partners Law Office
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Mix marriage (different nationality) is not a new diction in society, especially in Indonesia. The law even has adapting and regulating the mix marriage since a long time ago. In Indonesia, one of the regulation regarding mix marriage (different nationality) is regulated in Indonesian Law Number 1 year 1974 regarding Marriage (Marital Law), especially in article 57, which stated as follows:
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Written by Kiki Setiawan, S.H., LL.M.
Partner of Corporate and Commercial Division at Rima Baskoro & Partners
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Roles and Duties of Board of Directors
The Indonesian Company Law, as regulated in Law Number 40 of 2007 regarding limited liability company, generally provides roles and duties of Board of Directors in a limited liability company. The main responsibility of board of directors to undertake the management of the company for the interest of the company and in accordance with the company’s purposes and objectives.
As a care taker of the company, board of directors is mandated to represent the company inside or outside the courts of justice. In a particular case, board of directors is not authorized to represent the company if: i) there is a case before the courts between the company and the member of board of directors concerned; or ii) the member of the board of directors concerned has a conflict of interests with the company.
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Written by: Rima Gravianty Baskoro, S.H.
Managing Partner of Rima Baskoro & Partners Law Office
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On May, 10th 2016, Lion Air JT161 Aircraft route Singapore – Jakarta has landed in R51 (as known as remote parking area 51) Soekarno Hatta International Airport, in which after such disembarkation there are foreign citizens that entering the territory of Republic of Indonesia without any immigration process at Soekarno Hatta International Airport. Regarding such event, there are many versions of news in mass media. Some of them stated that the Lion Air JT161 Aircraft has landed in the wrong area, in which in domestic terminal, as a matter of facts such aircraft came from Singapore to Jakarta (international route). Some of them also stated that the entry of foreigners to Indonesia without immigrations checking is because of the Lion Air bus driver drove JT161 passengers into the wrong way, in which after the landing of JT161 passengers shall drive to International arrival terminal at Soekarno Hatta International Airport. Instead the Lion Air bus driver drove JT 161 passengers to domestic arrival terminal at Soekarno Hatta International Airport. Another version of this event is the officer of Soekarno Hatta International Airport Aviation Security aware of such procedural error and took action by directing the passengers to go back to the bus so they can go to international arrival terminal and through the immigrations checking.
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Written by : Rima Gravianty Baskoro, S.H.
Managing Partner of Rima Baskoro & Partners Law Office
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Many times we watched the news in mass media about drugs smuggling from other country to Indonesia (import) or from Indonesia to other country (export) conducted by foreign citizen(s). In Indonesia, drugs crime regulated in the Law of Republic of Indonesia number 35 year 2009 regarding Narcotics (“Narcotics Law”), in which its maximum punishment is death penalty.
Based on our experience in the field, some foreigners who caught smuggling the narcotics admitted that he/she was set up by a group of people. The entrapping was very structured , systematic and professional because carried out by a syndicate international narcotics trafficking, so that foreigners are not realize that the narcotics have been slid in his goods. The type of narcotics that usually smuggled is metamphetamine, with various weights. Foreigners often said that they were not aware that there are narcotics in their bag. They even just knew that there are narcotics in their bag after the customs officer at the airport check their bag.
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Written by : Rima Gravianty Baskoro, S.H.
Managing Partner of Rima Baskoro & Partners Law Office
On December 28, 2015, Ministry of Law and Human Rights of Republic of Indonesia published a new regulation regarding property ownership by Expatriate in Indonesia. The regulation is Government Regulation Number 103 Year 2015 regarding Ownership of House or Residence by Expatriate Residing in Indonesia (“Government Reg. No. 103/2015”), which replaces the Government Regulation Number 41 Year 1996 regarding Ownership of House or Residence by Expatriate Residing in Indonesia (“Government Reg. No. 41/1996”)
As a matter of fact, property ownership by Expatriate in Indonesia has been regulated in Chapter IV, Article 41 – 43, Indonesian Law Number 5 year 1960 regarding Agrarian Principle Rules and on Government Reg. No. 41/1996, therefore the property ownership by Expatriate is not something new in Indonesia. But Government Reg. No. 10/2015 regulating more detail about the terms and conditions of property ownership by Expatriate, including the property heritage and legal consequences of such property in mix marriage (different nationality). Here will be explained about the legal way for Expatriate to own property in Indonesia with Right to Use (Hak Pakai), together with its regulation, legal consequences and legal Title of such property owned by Expatriate.
A. How Could A Expatriate Owned Property in Indonesia?
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