Legal points for expats

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Owning land/leases/building

Defamation

Gambling

Illegal drugs/alcohol

Complaining about noise from a mosque

Porn, anti government posts, or other misuse of the internet.

Political and cultural issues

Owning land in Indonesia.

Freehold for foreigners is impossible in Indonesia, but a foreigner married to an Indonesian may own a property in their Indonesian spouse's name if they have a prenup stating any property is owned solely by the Indonesian half of the relationship.

Apart from some types of companies, it's illegal for a foreigner to own land in Indonesia.
This goes back to the colonial era, the independence struggle and the political landscape when the Dutch were finally removed.
There are a couple of legal ways you can own land, or at least your Indonesian wife or husband can if have a prenup agreement.

“Indonesian Nominee Owners”
This is a really bad idea that can leave you in a massive mess.
It goes like this - You supply the cash for  an Indonesian Nominee Owner to buy the land in their name, all done with the help of a solicitor who makes a nice contract for you.
One slight loophole, a bent solicitor or a bent nominee who simply sells the place out from under you, and you're basically buggered because you can't go to court and complain you were ripped off as part of an illegal deal.

Long term lease agreements are fine.
These agreements are perfectly legal, but you never own the land, only have use of it.

Apartments/flats with no land are legal to buy with some restrictions, mainly that they are very expensive.

UPDATE for UU13/2016[/b]

Most foreigners still can't own land in Indonesia, but there are now some exceptions for flats/apartments.
The new law has opened the market to some better off buyers in a limited way.
There is a minimum value set on the property and other restrictions regarding what property you can buy and who you can buy from.
You must hold residency status and, if that is lost, you must sell within one year.
Upon death, a property can be left as inheritance, but only to someone with residency rights or it must be sold. There is also an 80 year limit on ownership, making it a lot more like a long term lease.
You should also note, if the sales rules aren't followed, the government can auction off the property and the buyer has no control over the sale, potentially meaning a large loss.

Defamation

Indonesia has seriously harsh laws regarding defamation, and harsh punishments to go with them.

The 2008 Electronic Information and Transactions (ITE) Law and articles 310 and 311 of the Criminal Code (KUHP) can be used, and leave the accused with a massive fine, or even prison time.

The upshot is, even if you think your boss's behaviour probably means his parents aren't married, don't say it in public.
More seriously, don't make claims about anyone or anything in Indonesia unless you can back it up with evidence that'll stand up in court.
Many consider the laws draconian and want them struck from Indonesian law, but they're still there at the moment, so take care what you say about whom.

As this came up on the forum of late, I'll add this to the post.

http://thejakartaglobe.beritasatu.com/n … hed-yogya/

Yogyakarta. Prosecutors in Yogyakarta have demanded 12 months probation and a Rp 10 million ($756) fine for a a postgraduate student at Gadjah Mada University (UGM) who was reported to the police after calling Yogyakarta “poor, stupid and uncultured.”


Apart from being way wrong, Jogja is a lovely place, her few words on the internet have cost her dearly.
Sanctioned by her university and in big trouble with the courts, all over a post that didn't need to be bothered with.

Please don't post any allegations about anyone that you can't prove.
The forum could end up in trouble, and the poster might well get a ban, or far worse if the wrong people get wind.

JUST DON'T

WARNING

Gambling is illegal in Indonesia and, should you get arrested, you could face a good few years in prison.
There is no "safe" place as the police actively look for them.
I've heard of several poker dens being raided, one including the arrest of police officers.
I very strongly suggest you don't engage in gambling.

Illegal drugs and alcohol

I'll keep this simple

Illegal drugs get you long prison sentences - up to six years or a few grams of weed, very long sentences or a firing squad for more dangerous drugs.
The anti drugs agency (BNN) and the police have a shoot to kill policy for any suspect deemed to be trying to resist arrest in any way.
The officer in scene decides, and nobody questions his actions.

Illegal alcohol is made with methanol and many other harmful ingredients.
You risk death if you drink it, and many have died so this is not an idle warning.
Drinking alcohol in public is a very bad idea that could see you having problems with the police, more so in Ramadan.
It's illegal to buy or sell alcohol in some parts of Indonesia with the exception of a very few establishments. Bars and clubs in many cities (including Jakarta) are perfectly legal but may have extra restrictions in Ramadan.
Immigration have been known to conduct raids in bars where expats are known to hang around so make sure you have your ID card with you when you go out for a night's partying.
If you can't produce your ID and prove your legal status you will be arrested as a possible illegal. This will likely mean a night in the cells but not having the ID is seen as a minor offence that draws a fine and not much more.

Complaining about noise from a mosque

This is a common problem for expats but you'll get nowhere if you complain so I strongly suggest (if this is going to be an issue for you) check any potential house you're considering renting at prayer times so you can hear what you're moving to.

https://abcnews.go.com/International/wi … y-57303218

An Indonesian court has sentenced a woman who complained about a noisy mosque to 18 months in prison for blasphemy.

The ethnic Chinese woman, Meiliana, burst into tears as presiding Judge Wahyu Prasetyo Wibowo announced the sentence Tuesday. She was taken from the court in handcuffs.


Opinion regarding the case is unimportant, the fact you could end up in legal trouble if you push the point too far is.
On the bright side, the chances of a serious legal problem is slim but you aren't going to make yourself popular and anything you need by way of paperwork or whatever is going to be hard work or impossible.
A complaint to immigration could be an issue when it comes to visa renewals.

Porn, anti government posts, or other misuse of the internet.

The electronic communications laws are strong and used regularly. You're responsible to all content you place on social media or the internet, that including blogs, forums, and other medium you use. Punishments are harsh so be careful in case you upset the wrong person.
Any post seen as offensive to any group can draw complaints so please take care what you publish.  One English language site used a picture of weed on its social media and were 'talked to' in a manner I bet they wish they hadn't had to listen to.

Political and cultural issues

Many old politicians are seen as hero figures here so any talk against them, no matter how historically right or wrong you might be, is a very bad idea. Emotions can run very high so I'd recommend staying out of politics when chatting with locals. Defamation is still illegal if the subject of your rant is dead and a fist in the face still hurts just as much - Both are possible.

Anything said against Indonesia can also be bad news so it's better to stay silent if you hate the place. It's fine to say you like the place but hate the roads, but don't say you hate Indonesia (even if you do).
KITAS and KITAP holders - It's in your rules NOT to speak out against Indonesia.

Knocking religion of any type is also a bad idea that could see you facing a lot of angry people and/or a court.

If your political ideal is communism, NEVER mention it. It's illegal here and any mention of your communist ideals is likely to get you into trouble very quickly.

I wish to keep this thread as up to date as possible so, if you notice an error, want to add something, or feel something could use more detail, please PM.

I hope this thread helps you and saves you much of the messing around so many new expats have to endure.

Welcome to beautiful Indonesia.


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