change certificate name

davita

lumumba wroteWe don't have any problems we both want to do this Thank you all ir the answers

Good luck...please let us know what transpired..... when resolved.

lumumba

Take a look at this now even the price in tge way and also buy from the government or developer....in my case i got screwed twice, price and no goverment snd devepoler https://www.facebook.com/gaetan.demard/posts/10209906551007444

davita

Take a look at this now even the price in tge way and also buy from the government or developer....in my case i got screwed twice, price and no goverment snd devepoler https://www.facebook.com/gaetan.demard/posts/10209906551007444

Your link is only available to facebook members. Not all balipod forummers are facebookers.

Markit

Yada, yada, yada - big deal about nuttin! Nuttin's changed we could always buy leasehold and frankly whether it's for 70 years or 80 and I'm not gonna be here to care and if my kid wants it is another question. Wait and see.

davita

Balidiscovery also has a very good interview on these recent events with lawyer Rainy Hendriany. Bali News: Interview: Rainy Hendriany – Foreign Ownership Update She basically says not much difference to what went before...just a little clarification. Foreigners still cannot buy or own Hak Milik property.

Mark

davita wroteBalidiscovery also has a very good interview on these recent events with lawyer Rainy Hendriany. Bali News: Interview: Rainy Hendriany – Foreign Ownership Update She basically says not much difference to what went before...just a little clarification. Foreigners still cannot buy or own Hak Milik property.

Interestingly, she also states that nominee structures are not recognized under Indonesian law... 'Firstly, in Bali, there have been several high profile cases involving disputes between so-called foreign “Beneficial Owners” of landed property and so-called “Indonesian Nominee Owners” of properties. In fact, Indonesian law does NOT acknowledge the beneficial ownership of landed property.'

Markit

Mark wroteInterestingly, she also states that nominee structures are not recognized under Indonesian law...

She has been around for years and always saying more or less the same thing but she never brings any examples that are verifiable but purely these sweeping statements of "opinion". If I remember correctly "opinions are like assholes, everyone has one and they all stink". Recent court case in Gianyar would seem to show the exact opposite.

lumumba

But the house i have is no near 3 billion as mention in tge list for bali property, also my partner is not gaverment or developer. Any idea about this ? [COLOR="silver"][SIZE=1]- - - Updated - - -[/SIZE][/COLOR] I will see my notary in 2 weeks time

davita

lumumba wroteBut the house i have is no near 3 billion as mention in tge list for bali property, also my partner is not gaverment or developer. Any idea about this ? [COLOR="silver"][SIZE=1]- - - Updated - - -[/SIZE][/COLOR] I will see my notary in 2 weeks time

Good idea...please let us know what the notary suggests.

Mark

davita wrote I asked if you could direct us to the "several high profile cases in Bali" you wrote about as I haven't observed any... except those mentioned above.

I didn't mention any high profile cases and don't know of any. The 'several high profile cases in Bali' was a direct quote from the Bali Discovery interview with Rainy Hendriany, which is why I used inverted commas in my post #27. You would need to ask the notaris herself for more information on any such cases that she made reference to.

lumumba

The Minister of Land and Spatial Planning/Chairperson of the National Land Affairs Agency (BPN) has issued Regulation No. 13 of 2016 regarding the transfer of ownership of homes for foreign residents in Indonesia, quoted from Bali Discovery. Photo: indonesiaexpat.biz / Anne-Mette Jensen The new regulation permits foreign residents of Indonesia to directly purchase homes in Indonesia providing the subject homes meet the following minimum price levels: DKI Jakarta Rp. 10 billion Banten Rp. 5 billion West Java Rp. 3 billion Yogyakarta Rp. 3 billion East Java Rp. Rp. 5 billion Bali Rp. 3 billion West Nusa Tenggara Rp. 2 billion North Sumatra Rp. 2 billion East Kalimantan RP. 2 billion South Sulawesi Rp. 2 billion All other regions Rp. 1 billion The new regulation also stipulate: Foreigners purchasing an apartment or a single-family residence must hold residency status. The apartment or single-family residence that can be held by a foreigner with “Hak Pakai” (Right of Use) or “Hak Pengelolaan” (Right of Management) status must, at least initially, be purchased from the Government or from a developer. Hak Pakai title is valid for a maximum period of 80 years. If the foreigner dies or is no longer an Indonesian resident, the land must be sold to a “qualified buyer” within one-year. A property can be inherited by a family member who is a foreigner if that person holds residency in Indonesia. The much-coveted “freehold” (Hak Milik) remains closed to foreigners in Indonesia. Luxury Taxes may apply on the transaction in which a foreign resident acquires an apartment or single-family residence. While members of the real estate industry welcomed the clarifying legislation, many are adopting a “wait and see” stance in order to obtain a better understanding of actual legal practice as it applies to foreigners involved in Indonesian property transactions. Other real estate professionals complain that the government has taken too long to open real estate transactions to foreign buyers, announcing deregulating terms only after the market is in a state of decline. Read full article, here This piece was originally published at balidiscovery.com

davita

Mark wrote1. Interestingly, she also states that nominee structures are not recognized under Indonesian law... 2. 'Firstly, in Bali, there have been several high profile cases involving disputes between so-called foreign “Beneficial Owners” of landed property and so-called “Indonesian Nominee Owners” of properties. In fact, Indonesian law does NOT acknowledge the beneficial ownership of landed property.'

1. It isn't surprising because, in law, there is no such thing as a 'nominee structure'. That terminology is an invention of realtors selling property to foreigners. 2. I'd be interested if you can direct to these cases...I read 2 Indonesian English language papers every day and haven't seen those cases. The only one I've heard about is the Susi Johnston case. There was a thread here recently about a case in a Gianyar court where a WNI actor illegally transferred title and he is now awaiting a criminal trial. No-one seemed to be able to get the correct determination from the civil court.... which preceded this criminal charge. All that someone said was the foreigner won the case...but no details have yet transpired as far as I know....anyone?

davita

Mark wroteI didn't mention any high profile cases and don't know of any. The 'several high profile cases in Bali' was a direct quote from the Bali Discovery interview with Rainy Hendriany, which is why I used inverted commas in my post #27. You would need to ask the notaris herself for more information on any such cases that she made reference to.

Thanks for clarifying Mark...I didn't notice you were quoting from the lawyer and thought you may have seen something recent. I asked the question because I may have missed recent news as I've cancelled my paper Jakarta Post and subscribe to the digital version.... but it takes so much scrolling and magnifying that I sometimes miss interesting news.

Mark

davita wrote1. It isn't surprising because, in law, there is no such thing as a 'nominee structure'. That terminology is an invention of realtors selling property to foreigners. 2. I'd be interested if you can direct to these cases...I read 2 Indonesian English language papers every day and haven't seen those cases. The only one I've heard about is the Susi Johnston case. There was a thread here recently about a case in a Gianyar court where a WNI actor illegally transferred title and he is now awaiting a criminal trial. No-one seemed to be able to get the correct determination from the civil court.... which preceded this criminal charge. All that someone said was the foreigner won the case...but no details have yet transpired as far as I know....anyone?

Given that Indonesia is a civil law country, unlike the UK or US, any lower court decision will have not have the effect of creating a legal precedent (in other words it would be neither binding nor persuasive in respect of a similar action based on the same law - even in the same jurisdiction). So, relying on a prior decision in Gianyar, Tabanan or wherever to support the validity of a particular nominee structure would be misguided.

davita

Mark wroteGiven that Indonesia is a civil law country, unlike the UK or US, any lower court decision will have not have the effect of creating a legal precedent (in other words it would be neither binding nor persuasive in respect of a similar action based on the same law - even in the same jurisdiction). So, relying on a prior decision in Gianyar, Tabanan or wherever to support the validity of a particular nominee structure would be misguided.

I'm well aware there is no "Legal Precedence" in law in Indonesian jurisprudence and have mentioned that on many previous posts. edit: here is my mention of 'precedence' in post #20 on 7 April 2016 under the 'Nominee Agreement' thread. "T[I]he case cannot be used as an example because Indonesia adopted Netherland's legal jurisprudence which doesn't include the use of 'Precedence'. So each case of a nominee going rogue, and being sued, will be determined 'on its own merit' without reference to any 'precedence'.[/I]" This thread was full of opinion but no-one came up with any details on how the court case was determined....other than to say the foreigner won.:icon_question: I asked if you could direct us to the "several high profile cases in Bali" you wrote about as I haven't observed any... except those mentioned above.

davita

<QUOTE author="ronb"><s>[quote=ronb]</s>and she is a mate with Jack Daniels, ...... So Rainy has not changed her opinions much. It is up to you to judge whether she is the authority as Jack Daniels seems to say.<e>[/quote]</e></QUOTE> I was laughing at this imagery until I read the link.....in N.America being a friend of 'Jack Daniels' has a whole different connotation... https://www.youtube.com/watch?v=OBKLqMC0BNk

ronb

She has been around for years and always saying more or less the same thing but she never brings any examples that are verifiable but purely these sweeping statements of "opinion". If I remember correctly "opinions are like assholes, everyone has one and they all stink". Recent court case in Gianyar would seem to show the exact opposite.

I agree that she has been saying the same forever, and she is a mate with Jack Daniels, and back then they were also mates with Roy - a famous name on this forum at one time. Some would suggest that Rainy is promoting FUD (fear, uncertainty and doubt) about nominee arrangements as a way of promoting her own services - but of course I would not say that. If you are interested in the history, it is still mostly in balipod archives. Take a look at https://balipod.com/forum/threads/clearing-the-air-on-foreign-%E2%80%9Cownership%E2%80%9D-of-bali-property.3399/. A member back then by the name of balilife took a swipe at them (those details now gone) and then he was pressured into an apology which was his last ever post on balipod. So Rainy has not changed her opinions much. It is up to you to judge whether she is the authority as Jack Daniels seems to say.

lumumba

Hi all, just to let you know that i did not forget i just haven't done anything yet, we are not in a rush to change when we do i will get back All the best

« Previous Page