Knowing your rights and obligations as a real estate developer or consumer is crucial for avoiding future disputes. Our team has a proven track record of consulting with clients on a wide range of real estate transactions. We are also prepared to guide you through legal proceedings should a dispute arise, including those that involve third-party officials at various levels. In Indonesia, real estate transactions, from simple land purchases to complex property development projects.

The Indonesian real estate market, while dynamic, presents several legal complexities that can lead to significant disputes. Common issues our clients face include:

• Verifying Land Title: Ensuring the authenticity and legality of a land title is a critical first step, as issues such as overlapping claims or fake certificates can void a transaction.

• Complex Land Rights: The various types of land rights, such as Hak Milik (Right of Ownership), Hak Guna Bangunan (HGB) (Right to Build), and Hak Pakai (Right of Use), can be confusing, each with different terms and eligibility requirements, especially for foreign individuals and businesses.

• Permit and Licensing Disputes: Navigating the regulatory framework for land use and building permits often involves dealing with multiple government agencies, which can lead to bureaucratic delays and legal challenges.

• Transaction Disputes: Breach of contract, non-payment, and disagreements over the terms of a sale or lease are frequent causes of litigation.

Our counsel is grounded in Indonesia's foundational real estate laws and regulations:

• Law No. 5 of 1960 on the Basic Agrarian Law: This is the cornerstone of all land law in Indonesia. It establishes the state's control over all land and sets the framework for different types of land rights.

• Government Regulation No. 18 of 2021: This regulation, which implements the Omnibus Law, significantly revised rules on HGB and other land rights, providing greater legal certainty for investors.

• The National Land Agency (BPN): This is the key government body responsible for land administration, including the issuance and transfer of land certificates.

• The Land Deed Official (PPAT): As a public official, the PPAT is legally authorized to draft and execute land-related deeds and is a mandatory part of any legal land transaction.

We apply our expertise by conducting meticulous legal due diligence on a property to verify the authenticity of its title, check its history, and confirm it's free of disputes. Our team provides clear guidance on the optimal land right for your specific needs, whether it's for a residential purchase or a commercial development, ensuring full compliance with the law. We also expertly guide you through the entire transaction process, working closely with the BPN and the PPAT to ensure all legal and administrative requirements are met. Should a dispute arise, we provide strategic representation in negotiations or formal court proceedings to protect your rights, whether the issue is with a developer, a third party, or an administrative decision.

In real estate, a secure transaction is the only path to a successful investment. Farida Law Office combines a deep understanding of Indonesia's agrarian and property laws with a proactive approach to due diligence and dispute resolution. We empower you to navigate complex real estate transactions with confidence, ensuring your rights are protected and your investments are legally sound.