Potentially Raup Rp 24 trillion, the Foreign Property Ownership Still Controversial

Ownership of foreign citizens (foreigners ) non- residents on property Indonesia still crowded discussed . Not only because of the potential that can be caused if the ownership of foreigners passed , but also disadvantages and negative effects that accompany it.

 Continuing argument about the ownership of the foreign national . For developers , especially those who are members of the Real Estate Indonesia ( REI ) , will be very beneficial ownership of foreigners , while making the Indonesian property market competitiveness such as Singapore , Malaysia and Australia . 

 In fact , according to the Chairman of the DPP REI 2007-2010 , Teguh Satria , ownership of property WNA Indonesia potentially increase tax revenues of Rp 24 trillion . The value of the tax revenue derived from the results of multiplying the minimum house price for foreigners amounted to 500,000 dollars , which sold over 10,000 units per year with a 40 percent property tax component consisting of 10 percent VAT , PPH 5 percent , 5 percent PPHTB , and Sales Tax on Luxury Goods 20 percent . 

"The amount of tax revenue that could be used to build subsidized homes and home community while addressing the backlog . We know, the budget of the Ministry of Public Housing only Rp 4 billion , not enough to build a shortage of 16.5 million houses , " said Teguh . Public suspicion and speculation vulnerable Several community organizations , associations also pay attention to this issue deplore the notion developer REI . Eddy Ganefo of APERSI , for example , assessing the certainty of the law for foreigners to reside in Indonesia is final and binding . 

No more need to be changed . Dipermasalahkannya matter of right to use the foreign national wishes only the capitalists who want to profit as much as possible . Meanwhile , low-income communities ( MBR ) will be more difficult to get home . " As a result very clearly , that the impact of rising land prices of home sales to foreigners with special or high prices , " said Eddy . Kemenpera remained steadfast in law Society should talk. Association should ever argument . However , how to position the issue in the eyes of the law ? Head of Legal and Human Resources , Maharani , today ( 14/12/2013 ) willing to speak out.

 " In the PFM Act ( Act No. 1 of 2011 on Housing and Settlement Region , red ) and towers Act ( Act No. 20 of 2011 on the Flats, red ) is set up that things are agreed in marketing must be met , because it could be subject to sanctions . then , before we publish HP ( Right to Use , ed ) for foreigners , we should really look at the proposal , any foreign exchange to be acquired state , for example, how much employment , improving quality of life around HP . there are three requirements , technical , administrative , and ecological , " he explained . Meanwhile , the desire of the developers to facilitate the process of license renewal right to use it can not be done . 

" It should not be , " uajr Maharani . " Because of the Investment Law has been in contact with the Court ( Court Konstutusi , red ) and crossed out . Extension HP is set in PP 40 1996. " Maharani also explained , PP 40 set extension and renewal rights . Updates can be done , but of course with an extended evaluation before and the field review process . " Is eligible for the extended right , or not . Example, if HP was a stranger , it turns out the house was never occupied yes denied renewal rights, " said Maharani . There is a " victim " directly Well they are so pro and vice versa , so the counter , as if forgetting that the issue of Indonesian property ownership by foreigners is not merely a matter of investment , money , and rising property prices. On the other hand , an Indonesian who married foreigners have to deal with the problem more complex and personal . Under the Act Agrarian / BAL ( Law no. 5 of 1960 ) , foreign citizens (foreigners ) should not have land titles . Thus , foreigners will use the Right to Use . 

However , citizens who are married to foreigners also turned out to be dragged on the law . Earlier this year an interesting discussion was held entitled " Property Ownership Solution For Actors Indonesian Mixed Marriage " , on Saturday ( 13/04/2013 ) . Discussions were held Indonesian Mixed Marriage Society ( rag ) brings a constitutional law expert and advisor Jimly Asshidique Assessment and Consultation Forum Land ( FKKP ) Chairul Basri . There is a crucial issue that revealed , among others, the status of land ownership , inheritance and land grant , and the right child of a mixed marriage with foreigners . 

Supposedly , the Basic Agrarian Law No. . 5/1960 regulating ownership of land foreigners have no effect on the husband or wife of Indonesian nationality . Although married to a foreign citizen , a citizen still have property rights and not lose his citizenship . According Chairul , land ownership rights attached to the subject of the owner . If the subject is a citizen , then he is entitled to the status of Property Rights . Meanwhile , his partner foreigners as foreigners are only eligible subjects have a right to use status . 

However, common practice in the field , apply the reverse . Until now , the Basic Agrarian Law No. . 5/1960 is still influenced by the Law no. 62/1958 on citizenship . In fact , Law no. 62/1958 has been converted into Law no. 12/2006 . With this law , should have the status of citizens who are married to foreigners remains a single citizen . Proved already , various perspectives can be used in viewing this issue . However , all may look , but only a handful are able to define and execute the law .