The sale and purchase provision is stipulated under Article 1457 Civil Code. It is defined as an agreement by which one party is bound to deliver a certain matter, for which the other party shall pay an agreed price. In a book that was written by Djaja S. Meliala,...
The Government has drawn up a draft of the Omnibus Law which consists of Employment Creation Law, Tax facilities Law and State Capital Law. On 12 February 2020 the chief of the House of Representatives has received an academic paper and a draft of the Employment...
Background On 8 July 2020, Minister of Agrarian Affairs and Spatial Planning/National Land Agency (“ATR/BPN”) in the Ministry of ATR/BPN Commanders Meeting has informed that commencing from 8 July 2020 on 12PM, the conventional mortgage services will be closed and...
Background On 31 December 2019, the Ministry of Agrarian Affairs and Spatial Planning enacted the Minister of Agrarian and Spatial Planning Regulation No. 30 of 2019 on Land Registration of Situ, Lake, Embung and Reservoir (“Land Registration of SLER”) (Permenag No....
Learning Point Even though in the customary law does not recognize the concept of expiration, however if the best time to claim is passed, then it gives legal presumption that rights (which may be owned) have been relinquished (rechtsverwerking). Case Summary The...
Background On 17 September 2019, the Government of Republic of Indonesia enacted the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 21/2019 on Land Base Map (“Permenagraria 21/2019”). This regulation is enacted in order to (i)...
Background On 27 May 2019, the Republic of Indonesia Government enacted the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation Number 12 year 2019 on Land Consolidation (“Permen Agraria 12/2019”). The Permen Agraria 12/2019 is intended...
Learning Point Land that has been pledged more than 7 years must be returned to the Pledgor as the landowner without having to pay a ransom, while the Pledgee who has possession for more than 7 years must pay compensation to the landowner. Case Summary Plaintiff’s...
Mortgage Rights The deletion of mortgage rights is regulated in the Law No. 4 of 1996 on Mortgage. Mortgage (hak tanggungan) means a security right over right(s) of land as set out under the Law No. 5 of 1960, along with or without other goods that constitute a unity...