Friday, March 04, 2016

FOREIGNERS CAN OWN LANDED HOUSES IN INDONESIA

Based on the Government Regulation No.103/Year 2015, the Government of Indonesia had signed and issued this Government Regulation on 22 Desember 2015 concerning House Ownership of Foreigners Residing in Indonesia which allows foreigners to own landed houses in Indonesial; The right to own this Landed House by Foreigners are so called "Right of Use" ("Hak Pakai") for an initial period of 30 Years,  which can be extended for an addional of 20 Years and further renewal for 30 Years; Thus  the ownership can reach a total of 80 Years; Please be noted that there are certain requirements and conditions which are important to be taken into considerations.


Significant Points : 
  • Foreigners who hold a legal stay permit ( diplomatic stay permit, official stay permit, residence stay permit, limited stay permit or permanent stay permit) who gives benefit, conduct business, work or invest in Indonesia may own the landed house/apartment unit in Indonesia.
  • Houses /Apartement owned by a foreigner in Indonesia may be passed / inherited by the foreigners offspring; Hwoever such hear must also have a legal stay in Indonesia
  • If the foreigner leaves Indonesia to reside in another country, then the foreigner must sell their house/appartement  to a qualifying person within a year after departing from Indonesia;
  • Indonesian Citizens marrying foreigners can own title over a land as long as the title to the land is not part of the Joint Martial Property; This must be eveidenced by a prenuptial agreement in a Notarial Deed. 
  • The Land National Authority will issue regulations concerning the procedures for granting, releasoing or transfering the ownership of a house by a foreigner;
This Government Regulation is designed by the Indonesian Government to provide more legal certainty for Foreigners regarding property owenership in Indonesia;
This Government Regulation takes into effect on 28 Desember 2015 according to the statement on the website of the Indonesia's Cabinet Secretary  

FREELANCE INDEPENDENT BUSINESS LAWYER

After having been permited by ALLAH to survive exploring my profession as an Independent Business Lawyer  for more than 17 Years since 1 June 1998, nearly reaching 18 Years,  if ALLAH permits me to be still alive in venturing my life journey in this Beautiful and Challenging World that ALLAH has created for us to leave, I did not realize that such  experimental venture  which I experienced was actually  "similar and has the same character as Freelance Independent Business Lawyer"  where I can apply Flexi Hours and Flexi Time in performing my enjoyable Profession as an Independent Business Lawyer;  
  • This started when I quit as an an In-House Legal  Counsel from PT Freeport Indonesia Company, a Copper and Gold Mining Company operating its Mining Operation in Indonesia,  after working as In-House Legal Counsel  in PT Freeport Indonesia for 5 Years (from 1993 until 1998). Of course there was a reason which triggered me to quit from this Mining Company, when my Former Boss who left Indonesia, went back to the United States,  but still held a weekly meeting with the Legal Department and Tax Department of PT Freeport Indonesia, whereby such teleconference was ceased and stopped  by another guy who was assigned in Jakarta to replace my Former Boss. 
This New Guy from the field  replaced my Former Boss and had instantly changed the program which was already made by my former Boss, where no more weekly Meeting will be held through teleconference between my Former Boss and the Legal Department and Tax Department, and will be replaced by this New Boss.
  • Apart from that, my carreer path program which was established and agreed by my Former Boss and myself was also being changed for which really upset me and  I directly told this New Boss that I am really  waisting my time and requested  to be compensated by owning a certain House which was under a House Loan Program plus a certain amount of money compensation; This House was actually rented by me to a certain Philipino Expatratiate when this matter emerge, since thank to ALLAH, I had already another house in Cipete which is the Southern Part of Jakarta, which me and my family already owned and  stayed; 
Luckily, thanks to ALLAH that  a portion of my claim was agreed including getting this House to be legally owned by me (which for 5 Years the Principal payment was paid by the house lease  amount and the interest was paid by a Certain Bank who has a Cooperation Agreement with PT Freeport Indonesia relating to this House Loan Program for the employees of PT Freeport Indonesia). There were no any outstanding payment of the House Loan that I had  to repay to PT FI, which for me this was  really a "Blessing in Disguise", since there is always to sides out of a "Coin".  
Thanks to ALLAH that this House was  used by me as the Safety Net and starting Working capital for me in practicing my new Exiting Venture as an Independent Business Lawyer. Lessons which I captured from my respective case appears to be that if you try to be honest there will be sort of a Blessing in Disguise which I felt  was really a great help from ALLAH to  me,  who loves to be "More Independent" in pursuing my further Experimental Venture in practicing my Law Profession as an Independent Business Lawyer. Of course there are the ups and downs in terms of Cash - In since you no longer has a guaranteed monthly payment for continuing your life. 
  • But on the other hand  we do not have a Boss who frequently have the controll and can easily changed the carreer path program which really can disturbed your life expectation in a certain fragmentation of your life journey. If you are Self - Employed, your only Boss will be ALLAH who created  you in the first place, and of course ourselve who has to manage our own cash-flow which is for sure uncertain from month to month in the running Years, for which there is always the Advantage and Disadvantage of every life chooices that you have picked among the many alternatives and option available in this life. 
But thanks to ALLAH the Mercifull that, I have survived practicing my venture in the Law Profession as an Independence Business Lawyer for more than 17 Years coming to 18 Years since 1 June 1998;  Back again to the Freelance Lawyer - we may observe from the Website that there are several stories of experincing as Freelance Lawyer  among others : Global Freelance Lawyer , 
This really comforts me  since as an Independent Business Lawyer, we no longer feel lonely in pursuing this profession which is more closer to the understanding of practicing as a Freelance - Independent Business Lawyer - which has the similar characteristic - in principal - More Flexilble in terms of time and Place where you want to optimize your Professional Services for the best interest of your Client since you are Independent and have the freedom to perform the Professional Services that you are required to render to protect your Business Client Interest from the Legal Business  Aspects of  your Clients Business Venture and Operation.  
The Disadvantage being Freelancer : 
  • There is no Guaranteed Fixed Monthly Income like if you are working in a Corporation
  • There is no Insurance for which you have to cover and seek for your own Health Insurance
  • There is no Pension for which your Pension is your accumulated Tangible Asset and Intangible Asset 
The Advantage being Freelancer : 
  • We are our Own Boss - Self Employed- thus you have to control and master your Freelance Career- Your Real Boss is ALLAH - for believers and has faith in ALLAH and the Hereafter.
  • Flexi Time and Flexy Place to perform your Professional Services
  • You are not Stuck in a Cubical Wall 
Well, folks I thinks I have jot down the Theme of todays Article which is Freelancing  
 Jakarta, 4 March 2014
Agung Supomo Suleiman
Cheers.....

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