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  1. K

    Social Visa - is there a limit on how many...?

    The case Ronb is talking about is not very surprising, especially when one applies in KL for a SosBud. It is explained by multiple factors: As per the law (PP 32/1992) a SosBud shall be issued for a maximum of 60 days. The law doesn't say that 60 days must be given, but that after assessment of...
  2. K

    Buy property in Indonesia mixed couple

    Silahkan say'... :) You should even dig in the archives... I am sure there is some posts of mine that needs "correction" of an expert such as you. :)
  3. K

    Buy property in Indonesia mixed couple

    Agreed about the "serious document" bit. Basically in the case of a mixed couple, agreeing to be two separate parties often means that the couple will buy assets such as lands on the name of the indonesian spouse possibly using money earnt by the foreign spouse. These assets would remain the...
  4. K

    Buy property in Indonesia mixed couple

    I love you Bambang. :) you are a flamer. The short historic of your few posts here shows it. I really like the bit about "The personal attacks"... I thought that I read things like "Absolute rubbish", "Kabim and all of his learned friends have this 100% wrong" and "So suddenly this it is not...
  5. K

    Buy property in Indonesia mixed couple

    1. The poster (Mimpi manis) is a resident, therefore she is eligible for an hak pakai. The kid is an Indonesian, therefore h is eligible for a SHM 2. The poster, from what I know about her situation, can not receive a hak guna bangunan. You may have not noticed it, but it was an advice in...
  6. K

    Buy property in Indonesia mixed couple

    Erm... you are a funny lad, Bambang. In the post you quote, if you haven't understand it, I advise the poster to make a will to transfer the SHM to the kid in case the indonesian national (Made) dies. The poster being a foreigner, she can not receive the SHM. I believe that Made still have some...
  7. K

    Buy property in Indonesia mixed couple

    Vandor, if you read well and take a look at the smiley, it is in no way an advise.
  8. K

    Buy property in Indonesia mixed couple

    A polemic is arguing just for the sake of it, IMHO. A discussion brings facts. I brought articles of law, took time to tranlate them and discuss them and would hear any argument brought by anyone in this topic, as long as it is argumented with articles of law and/or decision of justice... Same...
  9. K

    Buy property in Indonesia mixed couple

    And it is why I believe, there is no will of enforcing the law. Loosing the land to the state is a possibilty if a foreigner is found being owner of a SHM title. Do you agree with it? Do you agree that an husband becomes owner in part of any assets bought by his wife during the marriage time?
  10. K

    Buy property in Indonesia mixed couple

    :shock: I don't recall having said that "a prenup is required for protection against the state " but that the prenup is required in order to avoid that the right of the indonesian being precluded. By establishing that the couple are two separate parties, the prenup avoids that a SHM hold by the...
  11. K

    Buy property in Indonesia mixed couple

    Hi Bambang, Long time no read, What is an invention? The joint property in marriage? The legal risk for a mixed couple owning a SHM title? The articles of law that have been quoted? the fact thn an indonesian married to a foreigner has his/her right of ownership precluded? Note that I...
  12. K

    Buy property in Indonesia mixed couple

    it ain't easy to find decisions of Indonesian District Court (Pengadilan Negeri) or High Courts (Pengadilan Tinggi) online. However one can find much better with more than 6000 decisions of justice took by the Supreme Court (Mahkamah Agung) concerning land issues in case of divorce or dispute of...
  13. K

    Buy property in Indonesia mixed couple

    You're welcome. I noted your other question in another thread (concerning KITAS). I'll try to answer it later this week, if noone has answered it before. I am gonna be a bit busy in the next few days. :( If I forget, buzz me... :)
  14. K

    Buy property in Indonesia mixed couple

    Didn't I quote and translate you the article of law that implies it? You are mixing up everything. We are not talking about inheritance here, but rules that define ownership in a couple. They are very clear and can not be interpreted in any other way (nor they are interpreted in any other way...
  15. K

    Buy property in Indonesia mixed couple

    I PM you my account number :D :D :D
  16. K

    Buy property in Indonesia mixed couple

    Just to definitively terminate the above assumption: i am gonna quote and translate you the first bit of the Article 21, section 3 of the land law that reads: (3) Orang asing yang sesudah berlakunya Undang-undang ini memperoleh hak milik karena pewarisan tanpa wasiat atau percampuran harta...
  17. K

    Buy property in Indonesia mixed couple

    Tho' there is yet no jurisprudence to help us answering the question, a lecture of the law should be enough. Basically: - The Indonesian Civil Code recognises the right to minors to have legal ownership of assets and fix limits to this right only to unsane people. (article 539) - The Indonesian...
  18. K

    Buy property in Indonesia mixed couple

    You are correct in your assumption. Tho' your situation is a bit particular since your kid is not holding dual citizenship and won't have to choose about one citizenship at any time in his life (correct me if I am wrong with your particular situation). I would advise you and Made to make a will...
  19. K

    Buy property in Indonesia mixed couple

    Absolutely wrong. First, such interpretation of the law, not only being against both the Indonesian civil code, the land law and the marriage law is supported by no text in any Indonesian law!? :roll: It also negates the concept of possession in "good faith" versus possession in "bad faith" for...
  20. K

    Buy property in Indonesia mixed couple

    Law is a science and does not allow lot of room for speculation. You are entitle to have "impressions", but let me tell you that you are wrong on it. Having discussed this particular matter with some well known indonesian lawyers (who have no financial interest in land law) and professors (one...