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Leks&Co

Full-Service Law Firm in Jakarta, Indonesia

Leks&Co

Menara Palma 17th Floor, Suite 17-02B
Jl. HR. Rasuna Said Blok X2 Kav. 6

Jakarta 12950
Indonesia

Phone+62 (21) 5795-7550
Fax +62 (21) 5795-77551

Website www.lekslawyer.com
E-mail  Contact Eddy M. Leks

Free ConsultationFree Consultation

Law Firm Overview

Leks&Co provides a full spectrum of legal services and expertise to businesses and individuals working, living, and investing in Indonesia.
The firm's energy and passion for first-class client service is admirably reflected in the work ethic and compassion of each of its dedicated lawyers, whose trusted legal counsel and habits of efficiency and quick communication have rapidly earned the firm an impeccable reputation within the country and among international businesses.

Lawyer Eddy Leks founded his firm in 2009 with the aim of providing the benefits of a high-tech office, efficient and swift counsel, and continually evolving legal representation to international corporations, Indonesian citizens, and those needing pro bono work, goals that have met with a great deal of success in the firm's few short years. Each of Leks&Co's young lawyers has dedicated himself to continually earning the trust and gratitude of the firm's many clients in construction, mining, investment, and other varied and developing industries in Indonesia, providing the same dedication and ability with legal minutiae as is given to the country's working men and women through the firm's domestic practice. Leks&Co's office in Jakarta serves clients in English and Indonesian, and its technological acumen gives clients constant access to case information, documents, and the frequent and swift updates for which the firm has become known among its clientele.

Combining personalized client service with the strength and resources typical of large firms is no easy task, one that requires the considerable energy and dedication of committed lawyers. Leks&Co has quickly earned a deserved name in Indonesia and among clients worldwide for its admirable toil on their behalf, dedicating itself to providing each day the professional excellence needed to guarantee client success.

Year this Office was Established: 2009

Languages: Indonesian, English

Areas of Law


Additional Areas of Law: Company Law; Mining Law; Civil Procedure Law.


Areas of Law Description

We provide legal services in many areas of practice, specializing in real estate and property law.

Our real estate law practice provides the legal services on acquisition of shares or assets of property company, super block project development, strata title project, commercial lease, build operate and transfer agreement, legal due diligence, document package for property project such as booking form, conditional sale and purchase agreement, house rules, commercial rules, sale and purchase agreement, property financing, property encumbrance, and property dispute litigation.



Affiliations

  • International Bar Association
  • The Law Association for Asia and The Pacific
  • Indonesian Advocate Association
  • Indonesian Bar Association

Partners

Attorney's Picture Mr. Ivan Ari
Lawyer
Administrative Law, Civil Rights, Criminal Law, Employment, Litigation

Attorney's Picture Mr. Eddy M. Leks
Managing Lawyer
Administrative Law, Agency and Distributorship, Alternative Dispute Resolution, Arbitration, Asset Protection


More Information on Leks&Co

Jakarta, Indonesia Property Law Firm
Company Law Office in Jakarta, Indonesia
Jakarta, Indonesia Bankruptcy Lawyers
Labor Law Firm in Jakarta, Indonesia
Jakarta, Indonesia Competition Law Office
Criminal Lawyers in Jakarta, Indonesia
Jakarta, Indonesia Environmental Law Firm
Leks&Co Blog
Leks&Co News and Publications

Articles Published by Leks&Co

 Summary of District Regulation of DKI Jakarta Number 8 Year 2007 Concerning Public Order

To bring into reality a living in Jakarta that is more orderly, peaceful, comfortable, clean and beautiful, a regulation relating public order is required to protect the citizens and infrastructure of the city including its accessories. Performing public order and peacefulness of the people is an obligation authorized to the provincial district government that has to be carried out in accordance with the legislation.

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 Summary of Minister Regulation of Housing and Settlement Number 10 of 2012

Law Number 1 of 2011 on Housing and Settlement (“Housing and Settlement Law”) has already regulated the proportional occupancy. Under Article 34, every legal entity who intends to conduct development of housing and settlement has to implement proportional occupancy.

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 Construction of a Superblock Area in the Special Capital City Region of Jakarta

The increasing scarcity of land that can be used for commercial purposes in a city center such as Jakarta, requires efficient management of construction development in the city center. To realize sustainable development, and use the available land efficiently, a recently developed concept known as the superblock concept has been integrated in the urban area.

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 Merger of Limited Liability Company - Indonesia

Under Article 1 number 9 of Law Number 40 of 2007 on Limited Liability Company (“Company Law”) merger means a legal action which is taken by one or more companies to merge with another existing company with the result that the assets and the liabilities of the merging company is transferred by the law to the surviving company and thereafter the merging companies’ status as legal entities is terminated by the law.

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 Transfer of Right of Shares - Indonesia

Companies’ authorized capital is divided into shares. Shares is a moveable goods which give rights to the owner to attend and to vote in the General Meeting of Shareholders (“GMS”), to receive the payment of dividends and the remaining asset as the result of liquidation, and also to perform other rights as set out under Law Number 40 of 2007 on Limited Liability Company (“Company Law”).

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 Change of Claim - Indonesia

Herzeine Inlandsch Reglement ("HIR") and Reglement Buiten Govesten ("RBg") do not regulate the provisions of changing of claim. The legal basis for changing of claim is regulated under Article 127 Reglement op de Rechsvordering ("Rv").

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 Exception of Competence to Judge - Indonesia

Exception, in Civil Procedural Law context, has the meaning as an objection. Exception can also be defined as a defense (plea) proposed by the defendant against the plaintiff’s claim.

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 Law Number 21 of 2011 on Financial Service Authority - Indonesia

Financial Services Authority or commonly abbreviated as OJK, is an independent institution and free from the intervention of other party, which has the functions, duties, and authority to regulate, supervise, examine, and investigate against the activities in the financial services sector, which are the activities in banking, capital markets, insurance, pension funds, funding institutions and other financial service institutions.

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 Certificate of Feasible Function under Local Regulation of DKI Jakarta Number 7 of 2010 on Building - Indonesia

Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction license including maintenance, and periodic inspections activity. Building utilization can only be performed after the owner of the building obtains Certificate of Feasible Function.

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 Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building - Indonesia

Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building (“Governor Regulation No.38/2012“) the regulation regulates the implementation of the concept of energy efficiency and environmentally buildings. Green building means a building that is responsible against environment and resource efficiency since the planning, construction, utilization, maintenance, until deconstruction (Article 1 number 11 of Governor Regulation No.38/2012).

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 Taxation Aspect of Property Sale and Purchase - Indonesia

Business sale and purchase of property has been demanded by many people. In performing the business sale and purchase of property, it does not only need an agreement between seller and buyer, but there are things that shall be performed by both parties as one of the obligations to State. The relevant obligation is payment of a tax in acquisition of property that should be performed by buyer and seller.

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 Law Number 20 of 1961 on Revocation of Rights of Land and the Objects over the Land - Indonesia

Under Article 1 of Law Number 20 of 1961 on Revocation of Rights of Land and/or Objects Over the Land (“Law No.20/1961”), President in an urgent circumstance after hearing the Minister of Agrarian Affairs, Minister of Justice and the related Minister may revoke the rights of land and/or objects over the land.

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 The Amendment of Claim - Indonesia

In a civil case, there are two parties as the plaintiff and defendant. If the plaintiff feels disadvantaged, then he/she would make the claim letter which is registered to the authorized local district court and by the district court, it would be sent to defendant. In the matter of the claim letter which has been registered by plaintiff, then the plaintiff may perform the amendment of claim.

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 Types of Exception - Indonesia

Exception, in Civil Procedural Law context, is defined as objection. Exception can also be defined as defense (plea) proposed by the defendant against the plaintiff’s lawsuits material. However, the objection which is proposed in the form of exception is aimed on the formality requirement of a lawsuit, for example, if the lawsuit has a defect or formal violation which can cause the lawsuits tobe unlawful.

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 Supreme Court Regulation No. 03 of 2012 on Process of Case Settlement Fees and Its Management in Supreme Court - Indonesia

Process Fee of Case Settlement (“Process Fee”) is a processing fee for civil case settlement, a state administrative case settlement, and a judicial review settlement at Supreme Court (Mahkamah Agung) and Judicial Body under the Supreme Court. The respective Process Fee is charged to the litigant.

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 The Breaking, Separation, and Merging of Land - Indonesia

Background - The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land Registration (“GR No. 24/1997“) and the Agrarian State Minister Regulation/Head of National Land Agency Number 3 of 1997 on the Implementation of Government Regulation Number 24 of 1997 on Land Registration (“Agrarian State Minister Regulation No. 3/1997“).

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 Summary of the Local Regulation of DKI Jakarta Number 7 of 2010 on Building

Background - The Province of DKI Jakarta is the one of the biggest city in Indonesia. As the capital city of Indonesia, DKI Jakarta provides various kinds of service to the public. One of its services is related with building development licenses. Along with the times, the Indonesia Government has set out regulation on Building, namely Law Number 28 of 2002 on Building ("Law No. 28/2002").

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 Legal Aspect of the Grant of Right to Build or Right of Use Over the Right of Ownership Land - Indonesia

Under Article 35 paragraph (1) of Law Number 5 of 1960 on the Principle Provisions of Agrarian (“Agrarian Law”), it is stated as follows: “Right to Build is right to establish and to have buildings over land that is not his own, with a maximum period of 30 years.”

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 The Legal Status of Parking Space under Condominium Law - Indonesia

Condominium is a multilevel building which is built in an area that is divided into sections which are structured functionally, whether horizontally or vertically that constitutes as units in which each can be owned and used separately, mainly for housing complemented with common equipment (bagian bersama), common facility (benda bersama) and common land (tanah bersama). Condominium is regulated in the Law Number 20 of 2011 on Condominium (“Law No. 20/2011”).

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 Transfer of Ownership of Foreign Shares - Indonesia

Background - The application for transfer of ownership of foreign shares can be submitted either by foreign investment company or by domestic investment company. The transfer of ownership of foreign shares shall be conducted whenever there are changes in the company’s capital that cause some or all the company’s capital into a foreign capital or domestic capital.

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 Summary of Minister of Public Housing Regulation Number 06/PERMEN/M/2009 - Indonesia

Background - The purpose of the issuance of Regulation No. 6 is to implement the provisions of Article 7 paragraph (2) and paragraph (3) of Presidential Regulation of the Republic Indonesia Number 27 of 2009 on One Stop Integrated Services.

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 Exclusive Breast Feeding - Indonesia

The purpose of the issuance of Government Regulation Number 33 of 2012 on Exclusive Breast Feeding (“GR No. 33/2012”) is to implement the provisions of Article 129 paragraph (2) of Law Number 36 of 2009 on Health (“Health Law”).

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 Government Regulation No. 47 of 2012 on Social and Environmental Responsibility of Limited Liability Company - Indonesia

Background - The purpose of the issuance of Government Regulation Number 47 of 2012 on Social and Environmental Responsibility of Limited Liability Company (“GR No. 47/2012") is to implement the provisions of Article 74 of Law Number 40 of 2007 on Limited Liability Company (“Company Law”) and Article 15 letter (b) of Law Number 25 of 2007 on Capital Investment (“Capital Investment Law”) on Corporate Social Responsibility (“CSR”).

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 Adjudication of Land Registration - Indonesia

Definition of adjudication based on Article 1 point 8 of Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997″) is “activity which is performed in the process of land registration for the first time, including collection and determination of the fact of the physical data and juridical data concerning one or more objects of land registration for the purposes of its registration”.

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 Corporate Social Responsibility by Limited Liability Companies - Indonesia

Corporate Social Responsibility (“CSR”) in Bahasa is known as tanggung jawab sosial perusahaan. Chapter V of Article 74 of the Law Number 40 of 2007 on Limited Liability Companies (“Company Law”) regulates on Social and Environmental Responsibilities, where Companies which perform its business activities in sectors of and/or related to natural resources are required to undertake social and environmental responsibilities.

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 Classification of Shares in Limited Liability Companies - Indonesia

Share is a proof that shareholders have conducted a full deposit of capital in Limited Liability Companies (“Company”). Shares in Company are classified based on similar characteristics, it is called classification of shares. Article 53 paragraph (1) of Law Number 40 of 2007 on Limited Liability Companies (“Company Law”) states that the Articles of Association (“AOA”) specifies more than one class of shares.

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 New Regulation on Procedures for Filing and Use of Limited Liability Company’s Name - Indonesia

Background - Background or purpose of the issuance of Government Regulation Number 43 of 2011 on Procedures for Filing and Use of Limited Liability Company Name (“GR No. 43/2011”) is to implement the provisions of Article 9 paragraph (4) and Article 16 paragraph (4) of Law Number 40 of 2007 on Limited Liability Company (“Company Law”).

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 Land Registration Activity - Indonesia

Background - Definition of land registration in Government Regulation Number 24 of 1997 on Land Registration (“GR 24/1997”) constitutes perfection of scope of the land registration based on Article 19 paragraph (2) of Law Number 5 of 1960 on the Principles Provision of Agrarian (“Agrarian Law”) which includes; measurement, mapping, land records, registration and transfer of right of land and granting of evidence instrument of right as strong evidence.

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 Criminal Act Related to Condominium - Indonesia

Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on Condominium. Article 21 paragraph (1) of Law 16/1985 regulates criminal sanction, that is stated:

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 Obligations of Paying Service Charge by the Owner of Condominium Units - Indonesia

Each member of association of owners and tenants of Condominium units (“PPPSRS“) has rights and obligations in relation to management of Condominium units. This membership is represented by householder and shall become effective since recorded in the list of tenants and/or have been domiciled in Condominium units which held by them in accordance with the applicable provisions.

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 Public Prosecutor and Bank of Indonesia as Bankruptcy Applicant

Background - There are various subject of Applicant in Bankruptcy based on Law Number 37 of 2004 on Bankruptcy and Moratorium Obligation the “Indonesian Bankruptcy Law of Debt Payment. Article 2 of Indonesian Bankruptcy Law states that the request of bankruptcy stipulation may be applied by the Public Prosecutors, Bank of Indonesia, Capital Market Supervisory Board, insurance Company and Minister of Finance.

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 Increase of Capital - Indonesia

Background - A Limited Liability Companies (“Company”) may gain their capital by increasing its capital, the process is performed based on General Meeting Shareholder’s (“GMS”) Resolution. According to Article 41 paragraph (2) of Law Number 40 of 2007 on Limited Liability Companies (“Company Law”),

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 Mechanism of the Investment Licenses - Indonesia

Background - Mechanism of the investment licenses that is applied by BKPM to the investor covers provisions concerning business sector and business entity that could be managed by the investor in the territory of Indonesia. Principally, provisions on the mechanism of the investment licenses apply the same treatment to all of the investors, either foreign investor or domestic investor.

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 Limited Liability Companies as a Legal Entity which is Established under the Agreement - Indonesia

Definition of Limited Liability Companies according Article 1 paragraph 1 of Law Number 40 of Year 2007 (“Company Law”), stated: Limited Liability Company (“Company”) means a legal entity which constitutes an alliance of capital established pursuant to a contract in order to carry on business activities with an authorized capital all of which is divided into shares and which fulfils the requirements stipulated in this law and its implementing regulations”

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 Execution of the Mortgage - Indonesia

Background - Mortgage regulated under the Law No. 4 of 1996 on Mortgage (“Mortgage Law”). Under the Mortgage Law, it is regulated that guarantee repayment of debt through mortgage provides a feature which is called the preferred creditor/ kreditur preferen. Preferred creditor is a creditor who has priority/ privilege right more than other creditor for the debt repayment of debtor in the case of failure events receivable.

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 Pledge of Shares - Indonesia

Law Number 40 of 2007 on Limited Liability Company (“Company Law”) only recognizes the classification of registered shares. However, Article 53 paragraph (1), (2) and (3) of Company Law states that, the Articles of Association may determine more than one classification of shares. If there is more than one classification of shares, then the Articles of Association determines one of them as common share.

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 Merger on Investment Company - Indonesia

Background - Merger is a legal action conducted by one or more company to merge with another existing company causing the assets and liabilities of the merging company transferred by law to the surviving company. Moreover, the legal entity status of the merging company will be ended by law.

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 Investment Law Dispute Settlement through ICSID - Indonesia

Background - International Center for Settlement of International Dispute (“ICSID”) was established on the basis of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1966 (“ICSID Convention“). This ICSID Convention regulates the settlement of dispute between a country with foreign individual or company who have invested their capital in the country, by peaceful means through conciliation or arbitration.

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 Types of Licenses and the Period of Establishment - Indonesia

Background BKPM holds 2 (two) types of services on investment activity for the investor in the territory of Indonesia, which is the licensing service and the non-licensing service. Based on Article 1 paragraph 6 of Regulation of Chairman of BKPM Number 12 of 2009 (“Perka BKPM 12/2009”), what is included in the licensing services is any type of agreement to conduct investment which is issued by the Government and local government who has the authority under the regulations.

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 Shareholder Register and Special Register - Indonesia

In Indonesia, regulations concerning Limited Liability Companies are stipulated under the Law Number 40 of 2007 on Limited Liability Companies (“Company Law”), which replacing Law Number 1 of 1995 Concerning Limited Liability Companies. Inside Company law, there are regulations of register of shareholder.

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 Foreign Company Representative Office License - Indonesia

Background Foreign Company Representative Office/ Kantor Perwakilan Perusahaan Asing (KPPA) is the representative office established by foreign company or foreign companies outside the territory of Indonesia with a view to manage the interests of the company or the affiliated companies in Indonesia and/or in other countries and/or to prepare the establishment and development of foreign investment companies in Indonesia and/or other countries.

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 Debt Secured by Mortgage - Indonesia

Background Referring to Law Number 4 of 1996 on Mortgage of Land along with Properties Related to the Land (“Law 4/96”), particularly Article 10 paragraph (1), it is stated that the granting of mortgage is preceded by a covenant to provide mortgage as the security for settlement of certain debts, which is set out in and as an integral part of the debt (loan) agreement concerned or other agreement which causes such debt.

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 Covenants Stipulated in Deed of Granting of Mortgage-Indonesia

Introduction As we already have known, according to Law Number 4 of 1996 on Mortgage of Land along with Properties Related to the Land (“Law 4/96”), the granting of mortgage is conducted by making the Deed of Granting of Mortgage (“Deed”) by the Land Conveyancing Officer (“Pejabat Pembuat Akta Tanah/PPAT”) in accordance with the prevailing laws and regulations.

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 The Legal Meaning of Mortgage - Indonesia

To maintain the sustainability of the national economic development, it needs large amount of funds. The more increase of development activities, the more of the needs of availability of funds, whereas such funds are mostly obtained through credit financing activities.

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 Granting and Registration of Mortgage of Land - Indonesia

Mortgage (hak tanggungan) of land is a security right over right(s) of land, along with or without other properties that constitute a unity with such land, for the settlement of certain debts, which gives the preferred position to certain creditors against other creditors (“Mortgage”).

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 Establishment of the Tenant Association of Condominium - Indonesia

Background: A condominium is a building built in an environment which is divided into parts that are functionally structured horizontally and vertically and consisting of units that can be owned individually and can be used separately, particularly for residence, which is completed with common equipment, common facility, and common land.

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 Revocation of Lands Rights - Indonesia

In order to implement the provision of the granting of rights of land in accordance with Law Number 5 of 1960 on Agrarian Principle Regulation (“Law No.5/1960”) and Government Regulation Number 40 of 1996.

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 Construction Work Contract - Indonesia

Background: Construction service is one of the activities in the field of economy, social and culture which has important role in the achievement of various objectives to support the realization of the national development goals. Therefore, the implementation of construction services needs to be regulated to carry out the orderly of the construction work.

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 Administrative and Technical Requirements of the Construction of Strata Title - Indonesia

In densely populated urban areas, where available land is very limited, it is necessary to develop residential in the form of strata title to provide a complete, balanced, and harmony with its surroundings.

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 Appointment of Board of Directors and Board of Commissioners of the Limited Liability Company - Indonesia

The Law Number 40 of 2007 on Limited Liability Company (“Company Law”) regulates the provisions about one of the most important organs of the limited liability company (“Company”), that is, Board of Directors (“BOD”) and Board of Commissioners (“BOC”).

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 Mechanism on the Application for Investment Licenses - Indonesia

To create an order in the investment activity, the authorized body needs to set out a line of licensing process before an investor could conduct the investment activity in the territory of Indonesia. Investment Coordinating Board (Badan Koordinasi Penanaman Modal) (“BKPM’) introduced a system, namely Integrated One Door Service (Pelayanan Terpadu Satu Pintu) (“PTSP”) whereby investors can enjoy certain facilities.

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 Construction Work Contract - Indonesia

Construction service is one of the activities in the field of economy, social and culture which has important role in the achievement of various objectives to support the realization of the national development goals. Therefore, the implementation of construction services needs to be regulated to carry out the orderly of the construction work.

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 Deed of Establishment of a Company - Indonesia

In establishing a Limited Liability Company (the “Company”), the Company shall have deed of establishment to obtain the status of legal entity from the Minister of Law and Human Rights (“Minister”).

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 Capital Structure of Limited Liability Company - Indonesia

In the limited liability company (“Company”), capital is the primary factor which allows the Company to conduct their business activities. The Law number 40 of 2007 on Limited Liability Companies (“Company Law”) has set out the provision on the company capital.

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 Establishment of a Limited Liability Company - Indonesia

Practically, in Indonesia, Limited Liability Company is the most common form of business entities. Therefore, it is necessary to arrange laws and regulations concerning the Limited Liability Company as set out in Law Number 1 of 1995 on Limited Liability Company (“Law 1/1995”), which has been replaced in 2007 because it was no longer suitable for the developing economy in the Republic of Indonesia.

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 Articles of Association of a Company - Indonesia

Based on Article 8 paragraph (1) of Law Number 40 of 2007 on Limited Liability Company (“Company Law”), it is stated that a deed of establishment must contain the articles of association (“AoA”) and other information in relation to the establishment of the Company. AoA is the document that contains the internal regulations and the management of the Company.

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 Inheritance of the Right of Use - Indonesia

According to Article 41 of Law Number 5 of 1960 on the Principles Provisions of Agrarian (“Agrarian Law”), Right of Use means right to use and collect the production over State Land or land which is owned by private parties.

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 Acquisition Levy of Right of Land and Building - Indonesia

As we all know, earth, water, and natural resources contained therein controlled by the State and used as much as possible for the prosperity of the people (society). Land and buildings that build on it, in addition to fulfill the basic need, is also constitutes as profitable investment equipment. In other words, land and building have economic value.

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 Legal Aspect on Term of Right of Use over State Land and Land under Right of Ownership - Indonesia

According to Article 41 of Law Number 5 of 1960 on the Basic Principles of Land (“Land Law”), Right of Use means right to use and collect the production over State Land or land which is owned by private parties.

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 The Legal Aspect and the Rules of the Right to Build - Indonesia

Nowadays, there are various kind of companies established in Indonesia. In term of construction, these companies require a building located on a land. Therefore, according to Law Number 5 of 1960 on the Principle Provisions of Agrarian, there are several rights over land. One of these rights over land is the right to build which can be defined as the right to establish and own a building on a land.

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 Condominium on the Land with Right to Build over the Land with Right of Management - Indonesia

Article 7 paragraph (1) and (2) of Law Number 16 of 1985 on Condominium, the developer (the “Developer”) may build a condominium over the land with Right of Management (Hak Pengelolaan) (“HPL”). HPL is a right to control, given by the state which the implementation is delegated to its holder. Rights of land that may be granted over the HPL land are Right to Build (Hak Guna Bangunan) (“HGB”) and Right of Use (Hak Pakai) (“HP”).

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 Legal Aspects of License for the Representative of Foreign Construction Legal Entities in Indonesia

According to the Regulation issued by State Minister for Public Works Number 28/PRT/M/2006 Year 2006 (“Minister Regulation”), it is allowed for the representative of foreign construction legal entities (“Foreign Entities”) to conduct their business in Indonesia after fulfilling some requirements.

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 Law on Housing and Habitation - Indonesia

On 12 January 2011, the Government issued the Law Number 1 of 2011 on Housing and Habitation (“Housing Law”). By the issuance of this law, the existed law on housing Number 4 of 1992 has been revoked. This new Housing Law is divided into 2 (two) parts i.e. housing and habitation. The purpose of this Housing Law is to fulfill the public needs for housing.

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 Illegal Occupancy of Land from the Criminal Perspective - Indonesia

The illegal occupancy of land is not a new event in Indonesia. The terms illegal occupancy can be interpreted as the act or condition of holding, possessing of rights or assets illegally, such as occupying a land or house, which is not belong to him, illegally (which is forbidden by law). The illegal occupancy of land is an unlawfully act that can be classified as a criminal offense. As we know, the prices of land are very stable and continue to rise along with the times.

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 Legal Aspects for Industrial Area Based on Government Regulation Number 24 of 2009 - Indonesia

Basically, the development for industrial area is required to support the economy in a country. If one country has well maintained industrial areas, it can be the supporting factor for the investor to make their investment in those areas.

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 Guidance on Conditional Sale and Purchase Agreement of House According - Indonesia

Indonesia’s high population growth rate has increased the housing needs of the people. Urgent needs of the available units of house often results on the sale and purchase of the house which is still in the planning process and it is giving rise to the sale and purchase through reservation. Therefore, as a result of it, the sale and purchase of house is conducted through a preliminary sale and purchase arrangement.

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 Overview of Decree on Accreditation Agency for the Hospital with International Quality Standards - Indonesia

On 23 August 2010, the Minister of Health has issued the Decree Number 1195/MENKES/SK/VIII/2010 of 2010 on the Accreditation Agency for the Hospital with International Quality Standards.

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 Legal Aspects of Building according to Law Number 28 of 2002 - Indonesia

The building has an important part as the place for human being to conduct their daily activities. The regulation on the building is the Law Number 28 of 2002 on Building (the “Building Law”).

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 Legal Aspect of Construction Services According to Law No. 18 of 1999 - Indonesia

Construction services hold a very important and strategic role in achieving various aims in order to support the objectives of national development to realize a fair and prosperous society both materially and spiritually based on Pancasila and the 1945 Constitution. Therefore, it is necessary to arrange a specific regulation of construction services, which is now set under the Law Number 18 of 1999 on Construction Services (“Construction Services Law”).

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 Building Construction Permit in Jakarta

As the capital city of state of Indonesia, Special Capital Region of Jakarta is a center of economic and trade center in Indonesia, which located in the west island of Java.

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 Legal Aspects of Required Licenses for Development of Condominium - Indonesia

The interest to live in the condominium tends to increase particularly to people who live in the big cities. According to Article 7 Law Number 16 Year 1985 on Condominium, it is stipulated that the condominium can only be constructed over land of Right to Own (Hak Milik), Right to Build (Hak Guna Bangunan), Right to Use (Hak Pakai) on State Land or Right to Manage (Hak Pengelolaan).

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 Post-Notification for Merger, Consolidation and Acquisition - Indonesia

Overview of Post Notification for Merger, Consolidation and Acquisition.

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 Law of Capital Investment in Indonesia

Formerly, investment law was regulated in two different regulations. The Law No. 1 of 1967 on Foreign Capital Investment as amended by Law No. 11 of 1970 on the Amendment and Supplement to the Foreign Capital Investment Law No. 1 of 1967, and Law No. 6 of 1968 on Domestic Capital Investment as amended by Law No. 12 of 1970 on the Amendment and Supplement to the Domestic Capital Investment Law No. 6 of 1968.

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 The Guidance of Interlocking Directorate - Indonesia

On January 2010, the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha - “KPPU”) issued Regulation No. 7 of 2010 on the Guidelines of Interlocking Directorate (the “Guidelines”). Interlocking on directorate was formerly stipulated in Article 26 on Law No. 5 of 1999 on Prohibition of Monopolistic Practice and Unfair Business Competition (the “Antimonopoly Law”).

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 Law on Flag, Language, State Symbol and National Anthem - Indonesia

The Law No. 24 of 2009 on Flag, Language, State Symbol and also National Anthem (“Law No. 24 of 2009”) has been ratified on 9 July 2009. This law basically regulates the technical and the practical use of Indonesia National Flag, Language, Symbol, Anthem and any other national attributes and also the penalty of any misused towards them.

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 Executive Summary on the Conduct of Mineral and Coal Mining Services Business - Indonesia

Regulation of Minister of Energy and Mineral Resources No. 28 of 2009 on The Conduct of Mineral and Coal Mining Services Business (the “Minister Regulation”) is issued in Jakarta on September 30, 2009. This Minister Regulation is the implementing regulation of Article 127 of Law No. 4 of 2009 on Mineral and Coal Mining (the “Mining Law”).

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 Law of Mining in Indonesia

Formerly, mining was regulated with Law No. 11 of 1967 on Basic Regulation on Mining (“Law No. 11 of 1967”). But with the highly development of mining, nationally and internationally, Law No. 11 of 1967 is no longer suitable with the conditions nowadays. That is why there is the need for changes of regulation on mineral and coal mining which could manage and utilize the potential of mineral and coal in Indonesia and could ensure a continuous national development accordingly.

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 Parties That Can Be Involved In Legal Conflicts in Condominium

A life in condominium is different from life in ordinary house. Tenants not only have next door neighbours but also have upstairs and downstair neighbours. In condominium there is also a governing body that regulates the management of the condominium environment, maintenance and the construction of environmental infrastructure and social facilities for the purpose of living together with all tenants in condominium.

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 Condominium Development Policy - Indonesia

Housing and residence are every human being basic needs. With the increasing number of inhabitants, the land space provided becomes very limited. Because of that, houses are made in a multistory structure or commonly known as condominium (rumah susun).

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 Summary of Government Regulation No. 41 of 1996 on Residences Ownership by Foreigners - Indonesia

The purpose of the Government Regulation No. 41 of 1996 (the “GR No. 41”) is to give a legal certainty for foreigners who own property in Indonesia. Foreigners who are domiciled in Indonesia are foreigners who give benefits for national development.

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 Strata Title Ownership for Foreigner and Foreign Entity in Indonesia

Indonesia as a developing country is one of the investment destination for developed countries to expand their global business activities. That is why more foreigners domiciled in Indonesia to do their business. However, there are boundaries or conditions for foreigner to own a residence especially a strata title, which is going to be discuss further here.

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 Principle Regulations Governing Batam Island and Its Effect on Property Sector - Indonesia

Batam has a strategic geographical location as the closest island to Singapore and Malaysia, which strategically located in the international shipping route. As the special zone for multinational trade area, Batam has a special treatment from the Government of Indonesia.

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 Rights and Obligation of Owner and Tenant in a Condominium - Indonesia

Condominium is a multistory building for residential purpose, which every unit of it can be owned separately. As a residential building that can be owned separately, tenants of condominium have boundaries in making use of spaces and facilities inside of condominium. In a condominium there are common equipment, common facility, and common land.

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 Legal Status of a Property Over the Right to Manage - Indonesia

Not all land has a pure rights over land. There is a Right to Manage (Hak Pengelolaan Lahan – HPL) over some lands, like in some areas in DKI Jakarta, for example Senayan, Kemayoran, Pulomas, etc.

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 Legal Conflicts in Condominium - Indonesia

A life in condominium is different from life in ordinary house. Tenants not only have next door neighbors but also have upstairs and downstairs neighbors. In condominium there is also a governing body that regulates the management of the condominium environment, maintenance and the construction of environmental infrastructure and social facilities for the purpose of living together with all tenants in condominium.

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 Legal Aspects of Building in Indonesia

Buildings are made to support people’s need of spaces. Building has many functions such as work space, business place, education place, recreation place and many more. In developing countries, especially for small countries, building is used to maximize the use of spaces.

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 Overview of Real Estate Law in Indonesia for Foreigner or Foreign Entity

This overview is describing the fundamental concepts of agrarian law in Indonesia. It will also relate to any aspects of real estate project because they all derive from agrarian law. This article also explains the strata title concept. The intent of this article is to give legal highlight for the foreigner or foreign entity who wishes to own or build the real estate project in Indonesia.

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 Legal Aspects on Strata Title Super Block Development in Indonesia

Superblock is developing largely in Indonesia nowadays. Almost all property conglomerates are starting their prominent project of superblock over large cities in Indonesia. There are certain legal aspects that a developer needs to be aware of in order to be successful in the building and managing of the project. This article is best for a property developer, especially foreign property developer that is already establishing its entity in Indonesia or is intending to do so in the near future.

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