Wednesday, February 13, 2013

"Foreign property Ownership" it was just a usage rights, anyway?

Property law Scholar Erwin Kallo said that the question of property ownership by foreign nationals such as facing "turmoil". By law, it was no problem because it is actually only the usage rights by foreigners, rather than property rights.

"Who says foreigners can have? Can only wear. Our Mindset should be modified, i.e. the holder of the rights. The right to wear instead of having, "said Erwin on Foreign property ownership Debate organized by the banks and Property magazine & Indonesia Property Watch, Bidakara, Jakarta, Thursday (14/2/2013).

Highlighting the foreign ownership in the fields of property, about Erwin, a new problem is no longer true. It will look not seen in the field of foreign domination of the banking and telecommunications Indonesia.

"Because both are already many foreign-controlled. The President should be able to download the drive departemen-departemennya to change the public mindset, that is a matter of usage rights, not property rights. This is the task of the Government socialised privileges could be accountable, could be accepted by the bank, "he said.

Regarding accountability in eye banking usage rights, other speakers, Maria S.W. Sumardjono, Professor of the Law Faculty of Gadjah Mada University (UGM), says, since 1960, the basic agrarian law already mentioned that FOREIGNERS and foreign legal entities which have a representative in Indonesia may have land usage rights status. Thus, the words of Mary, already reasonably accepted usage rights bank.

"For me, if the bank does not want to accept a guarantee with land usage rights status, it is very strange. It should be, given the usage rights on State land can be dependents. In 1960 it was the usage rights granted above ground state is obliged to be registered so that it can become the guarantee of debt, "said Maria.

Agree with Mary, Erwin Kallo adds that the question of ownership of property by FOREIGNERS is not only in the field of regulation of land. According to him, the thing that should also look out for is banking.

"There is a LAW (building use rights), there is also the simple usage rights, kok. No property rights bounded time, if necessarily limited usage rights, "said Erwin.

Earlier, Erwin Kallo was already criticizing the first reserved by foreign property ownership regulation. According to him, the thing that needs to be given more attention is the control on the rules of the game.

"The problem is what, in my opinion does not exist. Legally no problem because only the usage rights, anyway? We have to think that it should be on the people making alignments should be no control here. Clearly, all know that the foreigner has the right to buy land, the usage rights are important not for property rights, "said Erwin.

"If usage rights for foreign nationals that the effect would be good for the development of the property industry," he added.

Erwin said, to a FOREIGN NATIONAL usage rights will be associated with the certificate of the building. Doing so will automatically engage the authorities of the national land Agency (BPN). Based on the Government Regulation (PP) No. 41 of 1996 on the rights of residence for foreigners in Indonesia, FOREIGNERS have the right to share with a period of 25 years, and then can be extended again.

"The bottom line, there is already a rule of law. As long as this rule is there, but it's not done, so wrong not a rule. The normative regulations provided, regulation to be implemented right. Once again, the order does not matter, but sosialisasinya, "said Erwin.

1 comment:

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