Ownership of Apartments by Foreign Citizens After Law Number 11 of 2020 concerning Job Creation in conjunction with Law of the Republic of Indonesia Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Becoming Law

Gatot Rio Putro

Abstract


Foreigners who want to get an apartment must of course look at and pay attention to the requirements contained in the laws and regulations in force in Indonesia. Foreigners domiciled in Indonesia must know and understand what rights foreigners can obtain in obtaining housing, whether in the form of a house or an apartment unit. Regarding apartment regulations, it is regulated in Law no. 20 of 2011 (Condominium Law). Ownership of residential or residential houses by foreigners is further regulated in PP No. 103 of 2015. However, this has been changed by Law no. 11 of 2020 (Job Creation Law) which was then clarified again in PP No. 18 of 2021. The purpose of this writing is to seek legal certainty for foreigners so they can obtain residence in Indonesia based on applicable laws and regulations. The research method used is normative juridical because this research will approach interconnected laws and regulations. The result of this research is that the Job Creation Law has explained further in PP no. 18 of 2021, however regarding the limits on apartments that can be obtained by foreigners have not been explained further as contained in ATR/BPN Ministerial Regulation No. 29 of 2016. The conclusion of this writing is that derivative regulations from PP No. 18 of 2021 which explains specifically the legal regulations for ownership of apartment/flat units by foreigners. The latest decision is the Decree of the Minister of ATR/Head of BPN Number 1241/SK-HK.02/IX/2022 concerning the Acquisition and Price of Residential Houses for Foreigners. Apart from that, the Ministry of ATR/BPN also issued Instructions for Implementing the Decree of the Minister of ATR/Head of BPN Number 1241/SK-HK.02/IX/2022 concerning the Acquisition and Price of Residential Houses for Foreigners, so that this regulation can provide legal certainty for foreigners. who want to get an apartment/flat in Indonesia.

Keywords


Flats; Foreigner; Ownership; Rights.

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References


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DOI: http://dx.doi.org/10.30659/rlj.2.3.%25p

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