davita
@#20 ^
Mark....That is exactly how I also understand the situation.
I know a number of Indonesian spouses who have done what you describe. They married, but still used their maiden KTP to purchase land, without declaring they were married to a foreigner.
I would be very worried in that situation.....if this Minister has his way.
With regard to the nominee situation that the Minister also mentioned there is a problem if the nominee wishes to relieve the foreigner of the property.
The WNI nominee, for legal purpose, IS the owner of 'Tanda Bukti Hak' deeds regarding Hak Milik title. The 'Akta Pernyataan/Akta Juel Beli' deed statements/deed of sale that notaries draw up never give title, even in a circumvent fashion, to a foreigner...that's only what people want to believe. A contract can never be legally higher than the Law; especially one written into the Constitution.
If the nominee doesn't live up to the expectations of the 'contract' then the contractee may have a legal case for compensation ....good luck there.
davita
That should be of interest (Just click to enlarge).
[ATTACH=CONFIG]2399[/ATTACH]
Tintin...I don't know where you got that info above but I emailed twice....to no response, and called the number to be advised it is no longer active.
Smoke
davita
this may help
https://www.facebook.com/events/439811852848259/
I called that number a few times to be told it isn't active and emailed twice (leaving my information) and had no response. If you can help by calling/emailing, and getting any response you can post here.... that would be appreciated.
Smoke
try there contact page ?
Contact | K3NI – Bali
not sure why you can not get thru by phone or email
Registration/Questions:
pathforward@k3ni-bali.org
+62 8579 210 7443
davita
Thanks Smoke...that's the address I emailed and the number I called. Have you tried?
I'm only interested in attending the seminar and wished to make a reservation....as the location is not far from me maybe I'll just attend and pay at the door.
Smoke
no need for me to try .
seminar should be extremely interesting
Fred2
Is k3ni the real estate agents association of Bali?
spicyayam
Which law/notary associations will be attending? I see the logos on the flyer but it says something about "logo confirmation pending".
Can anyone confirm? A list of the experts would also be helpful.
davita
Is k3ni the real estate agents association of Bali?
Which law/notary associations will be attending? I see the logos on the flyer but it says something about "logo confirmation pending".
Can anyone confirm? A list of the experts would also be helpful.
That's why I emailed and telephoned but I've already posted the response I received. If someone else able to make a local call could do so....maybe those questions could be answered.
Fred2
Is it me or do I smell something fishy?
For years the real estate/land developers have been telling us that the nominee system is legal so why is their a problem? Could they have been bull****ting us all this time? Have the notary writing incorrect information on all the deeds/will/power/loans? Is there someone in government that is missing out on money kick back at the land department? Can someone please go to the meeting and give a update.
hans121
So, if you have a nominee (that isn't your spouse) and you trust them enough, it would be wise to terminate the nominee agreement on a land and just give unrestricted ownership to that "nominee"? Otherwise I guess the land will soon be state property?
mugwump
Is it me or do I smell something fishy?
For years the real estate/land developers have been telling us that the nominee system is legal so why is their a problem? Could they have been bull****ting us all this time? Have the notary writing incorrect information on all the deeds/will/power/loans? Is there someone in government that is missing out on money kick back at the land department? Can someone please go to the meeting and give a update.
I have made reservations to attend, and will take notes. Undoubtedly a scam to get real estate leads, but will sit until determining that is the case.
Fred2
So, if you have a nominee (that isn't your spouse) and you trust them enough, it would be wise to terminate the nominee agreement on a land and just give unrestricted ownership to that "nominee"? Otherwise I guess the land will soon be state property?
Not sure what you mean, a nominee has unrestricted ownership of the land. I would let sleeping dogs lie, nothing will happen in the next 20 years
davita
I have made reservations to attend,
How did you manage to make a reservation? My attempts to make contact have failed.
tintin
[COLOR=#303030][FONT=Arial]The Indonesian Agrarian law states: “Any attempt by a foreigner or a foreign entity to secure freehold land in any shape or form is void and the property belongs to the government”. I may be simple minded, but to me it's clear, and it all depends how seriously and aggressively the government wants to enforce that law. All the other arguments to the contrary are just wishful thinking. [/FONT][/COLOR]
hans121
What I meant is this: How is the government gonna determine if the land is "indirectly" owned by a foreigner? If you have one of these "nominee agreements" in place, they have actual proof that you as a foreigner are trying to take ownership of the land. So I would deem it wise to terminate such an agreement now... don't you agree?
hans121
[USER=11670]@davita[/USER]
I think most of us here are aware that these agreements are worth absolutely nothing.
Now they could even prove to be very dangerous if seen as an attempt to gain "ownership" of a property...
I luckily didn't establish any agreements, just like you.
davita
[QUOTE]If us here are aware that these agreements are worth absolutely nothing.
Now they could even prove to be very dangerous, if seen as an attempt to gain "ownership" of a property...
I luckily did it like you, davita, and didn't establish any agreements.[/QUOTE]
I see you edited before I wrote...but I agree the agreements could, in some slithery hands, imply that the foreigners intent was to circumvent law and take ownership. Its possible but imo improbable.
I did have some agreements written to protect our nominee as he has a position in government. This simply stated he permitted us to live in the property in perpetuity at no cost. This avoided him getting assessed for income tax.
tintin
Tintin...can you give us a reference to your above quote as I've read the basic interpretation of UU2006 (Agrarian Law) which I'd archived and cannot find that reference.
Regulations Ownership Indonesia | Terry Magee