Ownership of Land Right for Joint Partnership in Indonesia
- DOI
- 10.2991/aebmr.k.200513.084How to use a DOI?
- Keywords
- limited partnership, building rights
- Abstract
The Joint partnership (commanditaire vennootschap) or often known by the abbreviation CV is a partnership established by one or several people who entrust money or goods to one or several people who run the company and act as leaders. The limited partnership was established with a notarial deed and is now registered at the Ministry of Law and Human Rights of the Republic of Indonesia. This alliance is not a legal entity, so it does not have its own wealth. Circular Letter Number: 2 / SE-HT.02.01 / VI / 2019 concerning Granting of Building Use Rights for Limited Partnership, gives CV the opportunity to obtain Building Use Rights (HGB), even though Article 36 of the Basic Agrarian Law says that those who can have building rights are Indonesian citizens and legal entities established under Indonesian law and domiciled in Indonesia. Implementation of Circular Letter Number: 2 / SE-HT.02.01 / VI / 2019 concerning the Granting of Building Use Rights for Limited Partnership can not be done by the Land Office in Regency / City. Legislation hierarchy Article 7 paragraph (1) of Law Number 12 of 2011 concerning the Formation of Regulations of the Law that the Basic Agrarian Law has a higher position than Circular, means that lower regulations must not conflict with higher regulations. During this time the ownership of land owned by CV in the name of one or its allies, because it has not been explicitly regulated regarding the prohibition of the practice of nominees in the field of land, so that there can be indications of tax evasion or embezzlement.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Catharina Mulyani Santoso PY - 2020 DA - 2020/05/20 TI - Ownership of Land Right for Joint Partnership in Indonesia BT - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020) PB - Atlantis Press SP - 429 EP - 431 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200513.084 DO - 10.2991/aebmr.k.200513.084 ID - Santoso2020 ER -