GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NO. 41 of 1996, on June 1996

OWNERSHIP FOR LIVING SETTLEMENT FOR FOREIGN
WHO DOMICILED IN INDONESIA
President of Republic of Indonesia

Considering:

• That law in force regarding for ownership living settlement foreign, required and attempt to explanation with act No. 6 of 1985 re Vertical Settlement and Act Number 16 of 1985 re Housing and Settlement;
• That under Act Number 16 of 1985 re Vertical Housing and Act Number 4 of 1992 re Housing and Settlement, possible housing referred to act Number 5 of 1960 re Basis Landreform in the principles related with ownership for Right against state land;
• That is development, land practice in related with Act Number 5 of 1960 re Basis Landreform and effected to agreement holder's right of land;
• That related with this development, it is necessary to stipulate regulation for ownership of housing with foreign who domiciled in Indonesia under Government Regulation;

in View of:

• Article 5 paragraph (2) 1945 Constitutional;
• Act Number 5 of 1960 re Basis Landreform (state Gazette Number 104, Year 1960, Additional State Gazette Number 2943);
• Act Number 16 of 1985 re Vertical Housing (State Gazette Number 75, Year 1985, Additional State Gazette Number 3317);
• Act Number 4 of 1994 re Housing and Settlement (State Gazette Number 23, Year 1992, Additional State Gazette Number 3469);
• Government Regulation Number 4 of 1988 re Vertical Housing (State Gazette Number 7, Year 1988, Additional State Gazette Number 3373);
• Government Regulation Number 40 of 1996 re Concession, and Using Right against Land (State Gazette Number 58 Year 1996, Additional State Gazette Number 3643);

DECIDED
To Stipulate:
THE GOVERNMENT REGULATION RE OWNERSHIP HOUSING OR SETTLEMENT FOR FOREIGN WHO DOMICILED IN INDONESIA.

Article 1

1. Foreign who domiciled in Indonesia shall have right to own housing to their housing given certain right against certain right.

2. Foreign who domiciled in Indonesia as referred in paragraph (1) meant that any foreign who attended in Indonesia shall be contributed an advantage for national development.

Article 2

Housing or settlement shall have right to be owned by any foreign as referred in article 1 as follows:

1. The house which stand itself and constructed onto plot land:

1. Using right against State land.
2. Those land under authorized with agreement to holder's right against land.

2. A vertical housing unit which constructed onto land of Using Right against State land.

Article 3

1. The agreement as referred in Article 2 point 1 made in written between foreign and the holder's right against State Land.

2. For agreement in written as referred in paragraph (1) shall be made by deed, Landreform Deed Officer.

Article 4

1. The agreement as referred in article 2 point 1 made at least long time approved as a result of at least no more twenty years.

Article 5

1. The agreement as referred in article 2 point 1 made at least long time approved as a result of at least no more twenty years.

2. Time period as referred in paragraph (1) shall be revised to few time period less than twenty five years under approved to stipulate to new agreement, as long as those foreign were still domiciled in Indonesia.

Article 6

1. If the foreign who owned that housing constructed upon Using Right against State Land or based on agreement to holder's right against land herein shall not domiciled in Indonesia, hereby at least one year they shall not be authorized or changed to other party who met this requirement.

2. It is, at least period as referred in paragraph (1) those right against State land if:

1. Such housing constructed onto Using Right against State land, both housing and plot under authorized by State to bid.
2. Such housing constructed against land under agreement as referred in Article 2 point 1.b, those under authority the holder's land right.

Article 7

Subsequent regulations which required for this government Regulation enforcement stipulated by State Minister of Landreform Official since considering that National Housing and Settlement Development Control and Policy Agency.

Article 8

This Government Regulation affected since regulated.

In order to any person known to order this Government Regulation and published in State Gazette of the Republic of Indonesia.

Stipulated in : Jakarta
On : June 17, 1996
President of the Republic Indonesia
SOEHARTO

Regulated in : Jakarta
On : June 17, 1996

State Ministry
Republic of Indonesia
MOERDIONO