DECISION OF MINISTER OF PUBLIC HOUSING NO. : 11/KPTS/1994 CONCERNING MANUAL FOR TRANSACTION OBLIGATION OF APARTMENT UNIT MINISTER OF PUBLIC HOUSING,

Size: px

Start display at page:

Download "DECISION OF MINISTER OF PUBLIC HOUSING NO. : 11/KPTS/1994 CONCERNING MANUAL FOR TRANSACTION OBLIGATION OF APARTMENT UNIT MINISTER OF PUBLIC HOUSING,"

Shon Riley
5 years ago
Views:

1 DECISION OF MINISTER OF PUBLIC HOUSING NO. : 11/KPTS/1994 CONCERNING MANUAL FOR TRANSACTION OBLIGATION OF APARTMENT UNIT MINISTER OF PUBLIC HOUSING, To consider : a. that transaction of an apartment unit which is not yet completely built has been increasing, of which the implementation is done with preliminary obligation or transaction obligation; b. that to secure the interest of the seller and the buyer of an apartment unit it is needed manual for transaction obligation of apartment unit; c. that implementation of manual for transaction obligation of apartment unit requires supervision and control; d. that the respective manual for transaction obligation of apartment unit is necessarily laid down in Decision of State Minister of Public Housing. In view of : 1. Law No. 16 of 1985 concerning Apartment (State Gazette of the Republic of Indonesia of 1985 No. 75, Supplementary State Gazette of the Republic of Indonesia No. 3317); 2. Law No. 4 of 1992 concerning Housing and dwelling place (State Gazette of the Republic of Indonesia of 1992 No. 23, Supplementary State Gazette of the Republic of Indonesia No. 3469); 3. Government Regulation No. 4 of 1988 concerning Apartment (State Gazette of the Republic of Indonesia of 1988 No. 7, Supplementary State Gazette of the Republic of Indonesia No. 3372); 4. Presidential Decree No. 44 of 1993 concerning Position, Fundamental Duty, Function, Structure of Organization, and Working Procedure of State Minister;

2 5. Presidential Decree No. 37 of 1994 concerning Policy and Supervisory Board of National Housing and Dwelling Place. To take into account : suggestion and opinions from the respective element and agency in coordination meeting. DECIDES: To Stipulate First Second Third Fourth : DECISION OF STATE MINISTER OF PUBLIC HOUSING CONCERNING MANUAL FOR TRANSACTION OBLIGATION OF APARTMENT UNIT UNDER THE FOLLOWING PROVISIONS: : Manual for Transaction Obligation of Apartment Unit as referred to above is an inseparable attachment to this Decision. : Any time there is any transaction obligation of apartment unit this Manual for transaction obligation of apartment unit must be observed. : Supervision and control to the implementation of this decision shall be made by Supervisory and Controlling Board of National Housing and Dwelling place Development, through Controlling Board of Housing Development and Regional Settlement. : This Decision is effective as from the date of its stipulation. Carbon copies of this decision is forwarded to: Stipulated in : Jakarta. On : 17th November 1994 STATE MINISTER OF PUBLIC HOUSING signed. Ir. AKBAR TANDJUNG 1. Head of Policy and Controlling Board of National Housing and Dwelling Place Development. 2. Governor of Bank Indonesia

3 3. Governors/Heads of Provinces. 4. Regent/Mayor of Municipality/Head of District. 5. President Director of Bank Tabungan Negara. 6. President Director of P.T. Bank Papan Sejahtera. 7. President Chairman of Leadership Board of Indonesian Real Estate. 8. Head of Indonesian Notary Association. 9. Head of Indonesian Institution of Consumers. 10. Head of Indonesian Housing and Dwelling Studies. 11. Files. ATTACHMENT OF THE DECISION OF STATE MINISTER OF PUBLIC HOUSING NUMBER : 11/KPTS/1994 DATE : 17TH NOVEMBER 1994 MANUAL FOR TRANSACTION OBLIGATION OF APARTMENT UNIT I. BACKGROUND 1. That it has been developed the custom to market property, particularly in relation to apartment, that the houses being marketed are not yet completely built, and even it is quite frequent that the houses are still in plan and land maturation. 2. The above matter is taken based on economic consideration, namely: a. for the developer of housing and dwelling place to accelerate cheap fund acquirement and certainty of market; b. for the buyer or the consumer to the effect that the selling price of the house become lower as prospective buyer pays some part in advance. 3. The steps taken by developer of housing and dwelling place and the consumers referred to above effects existence of transaction by prior order, so that it causes existence of preliminary purchase, which further is laid down in deed of (purchase) transaction obligation of apartment unit. 4. Such condition is taken by the developer of housing and dwelling place and prospective buyer as there is provision in article 18 paragraph (1) Law No. 16 of 1985 concerning apartment which determines that apartment unit which has been built can only be sold to be dwelled after obtaining suitable dwelling permit from the respective local government. While for implementation of transaction is before Agrarian Notary, previously must fulfill the requirement of existence of deed of

4 division of apartment units for making certificate of proprietary right to the apartment unit by the land office of respective district/municipality. 5. That there is any developer of housing and dwelling places which promotes apartment with preliminary offer through various exhibitions, whereas some permit requirements needed such as principle permits, location permit, and constructing permit have not been acquired and even the land is still unavailable. 6. That to prevent the interest of developers of housing and dwelling places and prospective buyers of apartment from possibility of breach of pledges from the respective agencies it is needed a manual for transaction obligation of apartment unit. II. BASES OF LAW OF APARTMENT UNIT OWNERSHIP The prevailing laws and regulation concerning apartment in Indonesia namely: 1. Law No. 16 of 1985 concerning Apartment; 2. Government Regulation No. 4 of 1988 concerning Apartment; 3. Regulation of Minister of Public Works No. 60/PRT/1992 concerning Technical Requirement of Apartment Development; 4. Regulation of Head of National Land Office No. 2 of 1989 concerning Form and Filling-in Procedure as well as Registration of Deed of Apartment Division; 5. Regulation of Head of National Land Office No. 4 of 1989 concerning Form and Procedure of Land Book Making and Issuance of Certificate of Proprietary Right to Apartment Unit. The laws and regulation above are some bases of law enabling the acquirement of proprietary right or apartment unit, which is in outline laying down the provisions as follows: 1. Any proprietary right to apartment unit is proprietary right to the apartment unit being used separately, which also includes the right to mutual part, mutual object and mutual land in the respective apartment pursuant to the proportional comparison value of the respective apartment unit;

5 2. Limits for each apartment unit and the portion of mutual rights to mutual part, mutual object and mutual land are ratified and specifically laid down in certificate of Proprietary Right to Apartment Unit by the competent agency; 3. Apartment Development can be done upon the land held in demesne (with Proprietary Right, Concession Right to Building or Tenurial Ownership in accordance with its land purpose and must satisfy technical, ecological, and administrative requirements, pursuant to the prevailing laws and regulation; 4. Each apartment unit can only be dwelled if the developer of housing and dwelling place has obtained suitable dwelling permit and/or tenurial ownership from the local Government; 5. Before signing of the deed of transaction of proprietary right to apartment unit by the developer and consumer/buyer, with prior consent by developer of housing and dwelling place, the right of buyer to the respective apartment unit can not be made as debt guaranty to the bank which grants credit; 6. Calculation of the dweller in status of legal entity representing and administering the interest of dwellers and owners of apartment unit; 7. Establishment of Association of Dwellers must be made by making a deed ratified by Regent or Mayor of Municipality/Head of District and for Special Region of Capital City of Jakarta by the Governor/Head of the Special Region of Capital City of Jakarta; 8. Assignment of right or transaction of apartment unit is undertaken pursuant to the laws and regulation; 9. Every owner of apartment unit shall acquire certificate of Proprietary Right to Apartment Unit consisting of: a. Copy of Land Book and Land Measurement; b. Blueprint of the respective Apartment Unit; c. Report of mutual right portion; All of them are an inseparable unity. III. LEGAL ASPECTS IN TRANSACTION OBLIGATION OF APARTMENT UNIT The essence of transaction obligation is:

6 1. Apartment unit which is still in process of development may be marketed through system of order by way of preliminary transaction through transaction obligation of apartment unit; 2. On the ordering day, any party having interest to make an order may accept and sign the ordering letter prepared by the developer of housing and dwelling place containing at least the following matters: a. name and/or number of the building and the apartment unit ordered; b. number of the floor and type of apartment unit; c. width of the apartment unit; d. selling price of apartment unit; e. provision of advance payment; f. specification of the building; g. date of completion of the development of apartment; h. provision concerning statement and agreement to accept the terms and conditions determined as well as to sign the documents prepared by developer of housing and dwelling place. 3. Ordering Letter is enclosed with drawing which indicates the precise location of apartment unit which is ordered along with provision concerning stages of payment. 4. Within duration of at the latest thirty (30) calendar days after signing ordering letter, the buyer and the developer of housing and dwelling place must sign the deed of transaction and further both parties must fulfill their obligation as determined in the agreement of transaction of proprietary right to apartment unit. If the buyer defaults to sign the agreement of transaction within the said duration, the developer of housing and dwelling place is allowed to retain the ordering money except if the default is on the side of developer of housing and dwelling place, the buyer can show the letter of refusal from the Bank that the Credit for Acquiring House (KPR) is not approved or due to other reasons which may be consented between the developer of housing and dwelling place with the prospective buyer and the ordering money will be returned 100%. 5. Agreement of Transaction Obligation among others contains as follows: 5.1. The object of transaction; The transaction object by the developer of housing and dwelling place to the buyer is the proprietary right to apartment unit, including mutual part, mutual object and mutual land along with the facility in the surrounding of

7 the respective apartment pursuant to the value of proportional comparison from the respective apartment unit. The apartment unit which is to be sold is obligated to have the required permits such as location permit, evidence of possession and payment of land, and constructing permit Management and maintenance of mutual part, mutual object, and mutual land become obligations to the whole dwellers. The prospective buyer of apartment unit must undertake to become member of association of dwellers which shall be formed and established by virtue of the developer of housing and dwelling place to manage and maintain mutual part, mutual object and mutual land along with their facility by collecting preliminary money and fee whose amount are subject to be consented together in the future by way of deliberation. For the first year (counted as from the date of submission) the preliminary money and the said fee do not have to be paid yet Obligation of the Developer of Housing and dwelling place. 1) prior to make preliminary marketing the developer of housing and dwelling place is obligated to report to the Regent/Mayor of the municipality head of the District with carbon copy to State Minister of Public Housing. Such report must be attached to along with among others: a. copy of principle permit approval; b. copy of decision letter granting location permit; c. evidence of acquisition and enlargement of land; d. copy of constructing permit; e. blueprint of the report ratified by the Local Government; If within duration of the latest thirty (30) calendar days counted from the date as written in the receipt of the report has not yet been ratified by Head of the District, the preliminary offer cannot be carried out. 2) to provide documents of housing development such as:

8 a. certificate of title to land; b. site plan; c. drawing of architectural plan containing blueprint and cross section along with the report indicating the vertical and horizontal limit of the apartment unit clearly; d. drawing of structure plan along with the calculation; e. plan drawing which indicates the mutual part, mutual object and mutual land clearly; f. the plan drawing of network and installation along with its accessories; 3) to accomplish the building pursuant to the standard in agreement; 4) to amend the defect occurred within duration of a hundred (100) days as from the signing of official report of apartment unit submission, from the developer to the buyer under the following condition: (a) the responsibility of the developer is restricted by design and specification of the apartment unit; (b) the defects occurred not because of the buyer s mistakes. 5) responsible for any hidden defect which is known later; 6) to become temporary management of the apartment unit before the establishment of association of dwellers and to help appointing the management after the association of dweller is established. 7) to insure the work of the respective development within the time of development; 8) if within the time of development occurs force majeur beyond the capacity of the parties, the Developer and the Buyer shall consider the settlement at its best based on the main consideration is that the development of apartment can be completed; 9) to prepare the deed of transaction of apartment and thereafter together with the buyer sign the deed of transaction before the Notary/Agrarian Notary on the determined date. Afterward the Developer of Housing and

9 dwelling place and/or the Notary/Agrarian Notary appointed shall manage so that the buyer obtains certificate of proprietary right to the apartment unit in the name of the buyer and the cost is liable to the buyer. 10) to submit the apartment unit including public facility and social facility perfectly on the determined date, and if the developer has not yet accomplished within the respective time, it is given to accomplish the respective development within a hundred and twenty (120) calendar days, counted from the plan of submitting the apartment. If in fact it can not be implemented at all, the transaction obligation shall become void for the sake of law, and this nullification shall not be proved or requested to Court Decision or Arbitration Body, to the developer of housing and dwelling place it is obligated to return the payment accepted from the buyer added with the fine and interest each month pursuant to the bank rate in effect Obligation of the Buyer 1) to declare that the prospective buyer has read, understood and accepted the terms and conditions of the ordering letter and transaction obligation as well as will abide by the terms and conditions of the articles of association of the association of dwellers, and other related documents, and also aware that the provisions of the agreement and documents are binding to the buyer; 2) Every prospective buyer after becoming buyer of the apartment unit is obligated to pay management fee, and utility charge, and if the payment is delayed it is liable to the fine whose amount is adjusted to the decision of Association of Dwellers; 3) Subject to responsibility of the prospective buyer includes: (a) payment fee of the required deed; (b) service fee of the Agrarian Notary for making transaction deed of the apartment unit; (c) cost for acquiring Proprietary Right to apartment unit, registration fee of transaction of apartment unit (fee for assigning registered proprietary right) at the local Land Office;

10 4) After the deed of transaction is signed, however prior to the certificate of proprietary right of apartment unit is issued by the local Land Office: (a) if the apartment unit is assigned to third party it is liable to administration fee which is determined by the developer of housing and dwelling place, whose amount is not more than one percent (1%) of the selling price. (b) if the apartment unit is assigned to the family member due to whatsoever reason including inheritance pursuant to the law it is liable to administration fee for the Notary/Agrarian Notary whose amount is in accordance with the provision. 5) Prior to the settlement of payment to the selling price of the apartment unit he buys, the prospective buyer can not assign, transfer or make the apartment unit as debt guarantee without written approval from the developer of housing and dwelling place. SETTLEMENT OF DISPUTES Settlement of disputes which occur in relation to the preliminary transaction agreement of apartment unit is made through arbitration as determined pursuant to the rules of Board of Indonesian National Arbitration (Badan Arbitrase Nasional Indonesia (BANI)) with collective fee liable to the parties. STATE MINISTER OF PUBLIC HOUSING signed. Ir. AKBAR TANDJUNG

REGULATION OF HEAD OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 3 YEAR 2007 REGARDING

REGULATION OF HEAD OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 3 YEAR 2007 REGARDING IMPLEMENTING PROVISION OF THE PRESIDENTIAL REGULATION NUMBER 36 OF 2005 REGARDING LAND PROCUREMENT