In The Government Regulation No
In general kinds of certificate of ownership of Property in Indonesia there are three, namely adat land, SHGB, and SHMBut due to the development of a high-rise it is not enough that the certificate due to the type of high-rise are no specific certificates called Strata and also a Certificate of Ownership of the Building Unit of Rumah Susun (SKBG Sarusun), what Is the difference. Let's peel each here we will also describe some of the rights to use property in Indonesia.
sarusun)Is freehold Strata Title
GirikApakah certificate of adat land. Basically adat land is not a certificate of ownership of the property recorded in the office of the government, adat land is a letter of proof of payment of tax land and show its owner the master of the land it is customary but not yet registered in the BPN (National Land Agency). The Status of adat land are often weak before the law when the conflict about the power of a land.
But You need not worry because the letter of adat land can be taken care of be certificate official land through the land office with the requirements.
SHM (sertifikat Hak Milik)Certificate of the most powerful is the SHM (ownership certificate) by having this certificate the land owner has full rights over the ownership of a land with an area and the area to be listed on the certificate. By having a certificate of SHM status of the owner will be legitimate in the eyes of the law with the risk of ownership of the land by other parties is small.
SHM does not have the restrictions of time as well as on the following certificates that we will discuss that BUILDING rights (Hak Guna Bangunan).
Because SHM is a certificate, then this certificate is the certificate that most smoothly taken care of as sale and purchase transactions, Hak guna bangunan can switch and transferred, and can be saddled with the encumbrance as security for a debt.
The terms to make the land certificate has some differences based on the origin of a letter proof ownership of the land itself for example the grant land, customary land, land auction and other.
It can You consult a notary or PPAT are more professional in handling the land certificate that is taken care of in the institutions of the BPN (National Land Agency). The main requirement to be able to have a SHM on the land is You to be a WNI (Citizen of Indonesia). HGB (sertifikat Hak Guna Bangunan)HGB (Certificate Hak Guna Bangunan), or what we hear with the term “BUILDING rights” is a certificate that the holder of the certificate can only use a land land to erect buildings or other purposes with the status of the land that remain owned by the State. Certificate of Right To build in its utilization is limited by a specific duration. Right to build can be granted over state land, namely land management rights by the government.
The time period given by the government for the right to use the building for ever thirty years and can be extended at least twenty years old.
Application for the extension or renewal of rights must be filed no later than two (two) years before the expiration of the term of the rights to the building.
Freehold Strata Title Certificate of Property Rights over flats (SHMRS H. Freehold Strata Title or also known as the Certificate of Property Rights over flats is a Certificate that is issued for the ownership of land and buildings in multi-storey buildings. This certificate can be applied to flats, apartment, condominium, flat, a kiosk in a commercial building and any property that uses the concept of a vertical. This certificate is used to break down each possession of every unit. Ownership of the individual of an apartment and right joint covers. right along the ground with all of which is the unity of right that are not inseparable.
Refer to article seven of the LAW of flats, the land used for the construction of flats is a land with status Property Rights, Hak Guna Bangunan (HGB) the Right of use over State land, and Management Rights (HPL).
You need to note the time You are interested to buy an apartment is right above the SRS. The developer the developer of flats are obliged to complete the separation of the first upper unit-unit flats which includes the parts together, objects together and land together. That's four certificate of right of ownership of the main generally used for residential hunianyang in Indonesia, in addition to the commercial there are three additional rights, namely: a.
The Lease rights to bangunanHak lease is a right that can be owned by a private organization or legal entity that has the right rent, so the owner of the certificate can utilize the land which are listed on the letter is to erect a building, with the agreement that has been arranged previously with the main process, i.e.
the land users should pay compensation to the owner of the land in accordance with the agreement which have been approved together. Payment of rent can be done or before the land use agreed. The subject of haksewa is WNI (Citizen of Indonesia, foreigners who domiciled in Indonesia, a legal Entity established in Indonesia or domiciled in Indonesia, foreign legal Entities which have representatives in Indonesia. The right To UsahaPemegang leasehold reserves the right to use and control the land he owned to carry out business in the field of agriculture, plantation, fishery and or husbandry. To support these efforts is entitled to master and the use of water resources and other natural resources contained in the land with the provisions applicable and the interests of the surrounding community.
Leasehold given the first time for ever thirty-five years and extended to another twenty-five years.
Right PakaiHak Use is the right to use and or collect the results of land directly controlled olenh the State or land belonging to other people, which gives authority and obligations specified in the grant decision by the competent authority to give or in agreement with the owner of the land, which is not a tenancy agreement or agreement of processing of the soil, everything origin does not conflict with the spirit and provisions No. five Year Right of Use granted for a specific period of time or for the land used for the purposes of that certain Rights can be given freely, by payment or the provision of services in whatever form. Granting use rights should not be accompanied of conditions bearing elements of extortion.
