Pengaturan Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Menurut Peraturan Menteri Agraria Dan Tata Ruang/ Kepala Badan Pertanahan Nasional RI Nomor 29 Tahun 2016

Abstract

The need for homes for individuals, both for a residence and for a place of
business, is the most felt need to be fulfilled. This need is not only for Indonesian Citizens
(WNI) but also for the needs of Foreign Citizens (WNA) who are located or working or
opening their business activities in Indonesia
Issues discussed are: legal arrangements regarding ownership of apartment units for
foreign nationals in Indonesia and legal certainty for foreign nationals in possessing
apartment units in Indonesia. Arrangements for foreigners to have flats in Indonesia, the
Government issued Government Regulation Number 103 of 2015 concerning Foreign
Ownership of Residential Houses or Resettlement in Indonesia and the implementing
regulations, namely Regulation of the Minister of Agrarian Affairs and Spatial Planning
/ Head of National Land Agency Number 13 of 2016. However, ATR Minister Regulation No. 13 of 2016 is considered to be less than optimal, so the Minister of Agrarian replaces
the Ministerial Regulation with Regulation of the Minister of Agrarian Number 29 of 2016
which regulates the same thing. With the issuance of a Certificate of Property Rights in
the Flats, a legal certainty is guaranteed, which is one of the objectives of the construction
of flats. As a suggestion, it is necessary to make specific arrangements regarding
ownership of apartment units by foreigners, as far as providing benefits to the State and
nation of Indonesia, bearing in mind that these regulations are still regulated in several
regulations, but there is no specific regulation concerning ownership of apartment units
for these foreign nationals. Indonesian citizens are more prudent in carrying out legal
actions involving foreign citizens so as not to pose risks in the future.