Regulation Of The Minister Of State For Housing Number 12/candy/m/2008 Year 2008

Original Language Title: Peraturan Menteri Negara Perumahan Rakyat Nomor 12/PERMEN/M/2008 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c512ca2c6c0a7d4313233333435.html

BN 55. doc NEWS STATE of Republic of INDONESIA No. 55, 2008 STATE MINISTER of PUBLIC HOUSING. Housing. The settlement. Facilities. The Sharia. Procurement. REGULATION of the MINISTER of STATE FOR HOUSING number: 12/CANDY/M/2008 about the PROCUREMENT of HOUSING and SETTLEMENTS with SUPPORT FACILITIES HOUSING SUBSIDIES through MORTGAGE SHARIA SARUSUNA SUBSIDIZED by the GRACE of GOD ALMIGHTY STATE MINISTER of public housing, Considering: a. that in order to implement the provisions of article 53 paragraph 1 of Regulation No. 4 in 1988 of Flats and the Government Regulation Number 31 in 2007 about the fourth Change Over Government Regulation No. 12 of 2001 About imports and Taxable Goods Or Deliverables The Strategic Nature of certain Exempted from the imposition of value added tax, viewed need for housing subsidies through the facilitation of support KPR Sarusuna Sharia Subsidized; b. that in facilitating subsidies to housing for lower middle income communities including low-income communities and to provide an alternative support facility housing financing in addition to skim and skim types of financing housing through a credit Issuer, required financing housing through skim Publisher Financing with Sharia principles; www.djpp.depkumham.go.id 2008, no. 55-2 c. that in facilitating such housing subsidies need to pay attention to the level of the lower middle income community capabilities including low-income communities, monetary policy, the funding system and the ability of the institution as well as the Financing of land availability for Publishers, technical requirements of housing and settlements and building with attention to local culture and local charges related to the architecture and structure of the building; d. that in order to reach out to more middle-income community target groups under the low-income communities including terfasilitasi, hence the need to pay attention to the magnitude of the value of the subsidy; cash advance value at least; most financing limits; and subsidized financing installment limit at most; e. that based on considerations as referred to in letters a, b, c, and d, need to set rules of State Minister of public housing On the procurement of housing and Settlements with support Facilities Housing Subsidies through Subsidized MORTGAGE Sharia Sarusuna. Remember: 1. Act No. 16 of 1985 about Flats (Gazette of the Republic of Indonesia Number 75 in 1985, additional sheets of the Republic of Indonesia in 1985 Number 3318); 2. Act No. 25 of 1992 concerning Perkoperasian (State Gazette of the Republic of Indonesia Number 116 of 1992, an additional Sheet of the Republic of Indonesia Number 3502, 1992); 3. Act No. 10 of 1998 (the amendment Act No. 7 of 1992) on banking (Gazette of the Republic of Indonesia Number 182 of 1998, an additional Sheet of the Republic of Indonesia year 1998 Number 3790); 4. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Year 2003 Number 4286); www.djpp.depkumham.go.id 2008, no. 55 3 5. Act No. 45 of 2007 about the budget of the State Expenditures and Revenues in 2008 (State Gazette of the Republic of Indonesia Number 133 in 2007, an additional Sheet of the Republic of Indonesia Year 2007 Number 4778); 6. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Year 2007 Number 4737); 7. Regulation of the Minister of finance Number 73/FMD. 02/2005 about the Disbursement Procedures, and accountability of the Fund Subsidies simple healthy Mortgages (KPRSH); DECIDING Set: The MINISTER Of STATE For HOUSING Of HOUSING PROCUREMENT And SETTLEMENTS With SUPPORT FACILITIES HOUSING SUBSIDIES Through SUBSIDIZED MORTGAGE SHARIA SARUSUNA. CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Simple Flats Units hereinafter abbreviated to Sarusuna is simple flats purpose designation primarily used separately as a place of residence. 2. Simple healthy Mortgages hereinafter abbreviated to KPRSH is a credit or financing Institution, published by the Issuer or Credit Financing that includes Subsidized MORTGAGES, KPRS/KPRS Subsidized MORTGAGE, or Micro Sarusuna Subsidized, either conventional or with the principles of the Sharia. 3. The contract is a contract selling murabaha where the selling price in the contract consists of the selling price of the goods plus the value of the benefit (ribhun) or an agreed margin. www.djpp.depkumham.go.id 2008, no. 55 4 4. Istisna ' contract is the contract selling a particular item among sellers with buyers with cost of goods plus the value of the advantage or the margin by which time delivery of goods is carried out at a later date while the payment may be made in installments or suspended. 5. A marriage contract is cooperation or musyarakah mixing between two or more parties to undertake a specific business that halaal and productive with the agreement that the profits will be divided according to agreement and risk will be borne by the appropriate portion of the cooperation. 6. the Proposed contract is the obligation of transfer of hawalah or debt from one party to another party who is obligated to bear them or afford it. 7. Financing of Simple Possession of units Subsidized Flats of Sharia, which is hereinafter referred to as MORTGAGES Subsidized Sarusuna Sharia financing, was published by a Publisher that has been Financing Institutions operate with Sharia principles to lower middle income communities, including low-income communities, in order to Sarusuna's property is purchased from a developer or investor. 8. The target group is families/households include individuals who earn either fixed or not fixed, has never had a residence, has never received subsidies to housing, and is a lower middle income community groups, including low-income communities, with earnings up to Rp. 4,500,000.0 per month. 9. Help the financing of housing is housing subsidies in the form of: a. the subsidies in installments, to help lower the installments that must be paid by the customer within a certain period of time; and b. help cash advance, to help ease the customer in fulfilling the obligation of providing cash advance MORTGAGE Sharia Sarusuna Subsidized. 10. the percentage of subsidized installment is a comparison between the subsidized financing installments paid by customers with installment financing without subsidies. 11. Sarusuna Prices at most is the limit price of most Sarusuna to obtain subsidies from the Government based on the applicable Legal Regulation purchased from developers. 12. Margins are costs that must be incurred by the customer upon utilization of financing facility provided by the Publisher of the financing for the purchase of an object. www.djpp.depkumham.go.id 2008, no. 55 5 13. The applicable margin rate is the applicable margin on the Publisher's institution financing, which has been mutually agreed between customer and institution financing and Publisher stated in the contract that uses the principles of Shariah. 14. The institution financing the next Publisher abbreviated LPP, is a bank or financial institution non bank or cooperative that has been operating with Sharia principles and was prepared and delivered the Promissory Letter for carrying out Housing aid programs as well as able to provide staple financing needed for the possession of Sarusuna as written in the Memorandum of understanding (MoU) or partnership agreements and Operations (PKO) and the Ministry of State Housing. Article 2 of the Contract-the contract used in the financing of housing are: 1. The financing of home ownership with the Sharia principle is to use contract murabaha or istisna ' contract. 2. The financing provided by the Publisher of the financing to developers with Sharia principles is to use contract istisna ' or musyarakah. 3. Implementation of government subsidies to the customer is to use contract hawalah, i.e. with the transfer of a portion of the customer's obligations to the Government through subsidies. CHAPTER II TARGET GROUP and HOUSING SUBSIDIES article 3 (1) Subsidies for financing housing through Subsidized MORTGAGE Sharia Sarusuna given to families or households that have never had a residence, has never received subsidies to housing, and is a middle-income society target groups, including low-income communities as follows: target group Most Income Limits (USD/month) I II III 2,500,000 3,500,000 4,500,000 www.djpp.depkumham.go.id


2008, no. 55-6 (2) the applicant's income is Income based upon the applicant's base salary or income of principal applicants per month. Article 4 financing Assistance as referred to in article 1 point 9 was given to the target groups referred to in article 3, either fixed-income or income is not fixed, which fulfill the requirements to obtain a financing facility of the LPP are willing to provide financing subsidized housing with Sharia principles. Article 5 (1) subsidized housing Financing as referred to in article 4 for each target group as referred to in article 3 paragraph (1) in the form of Subsidized MORTGAGES Sarusuna the Sharia. (2) Skim subsidies provided through Subsidized MORTGAGE Sarusuna Sharia form of installment financing and subsidy assistance down payment, with the magnitude of subsidies for each target group are as follows: a. magnitude of the value of the subsidy for each target group are as follows: the target group of Skim MORTGAGE Subsidies Sarusuna Sharia Subsidized Installment cash advance Assistance Subsidies at most (USD) value of subsidies in installments during the Subsidy a subsidy Period (Rp) (year) I II III 12,100,000 6 6 million 7,650,000 4 5 million 16,950,000 8 7 million b. value of subsidies installments as referred to in letter a, is the number of coins during the period of the subsidy is calculated taking into account the level of the margin at the time the regulation of the Minister of State of public housing was set; c. realization of payment subsidies in installments to the debtor would be paid on an annual basis with the level of margins that apply at the time of the signing of the www.djpp.depkumham.go.id 2008, no. 55-7 contract financing with the most appropriate high margin of his LPP poured in PKO. CHAPTER III SARUSUNA SHARIA MORTGAGES SUBSIDIZED article 6 (1) Subsidized MORTGAGE Sharia Sarusuna published by LPP in order Sarusuna possession by middle-income communities, including low-income communities that constitute the target group referred to in article 3 and article 4. (2) the LPP which participate in the program of financing subsidized housing is responsible for providing the staple financing is required, while the Government is responsible for providing the required subsidy funds. (3) the kind of Sarusuna that can be purchased by each target group covers the entire option type Sarusuna and in accordance with the limit of at most Sarusuna prices allowed for purchased through Subsidized MORTGAGE Sharia Sarusuna as follows: the target group Most Sarusuna Price Limit (Rp) I 144 million II 110 million III 75 million (4) the contract Price is the value of Sharia financing approved by the Publisher an agreed margin plus Financing. Article 7 (1) Subsidized Sharia Sarusuna MORTGAGE given to target groups that meet the most Sarusuna price limits referred to in article 6 paragraph (3), and meets the requirements imposed upon: (i) a down payment of at least; (ii) financing at the most; and (iii) skim the subsidies. (2) requirements over a down payment and financing of at least most, are as follows: www.djpp.depkumham.go.id 2008, no. 55 8 target group a down payment of at least (%) Most financing (USD) I II III 10 67,500,000 21 86,900,000 22 112,320,000 (3) requirements over a housing subsidy of skim as referred to in paragraph (1) are as follows: a. help advance payment from the Government as stipulated in article 5 paragraph (2) be part of the fulfillment of a cash advance at least as stipulated in article 7 paragraph (2); b. installment subsidies referred to in article 5 paragraph (2) are assisted by the Government in the form of waivers of installment payment percentage of subsidized installment which is governed by the following conditions: target group Subsidized Installment Percentage (%) Year 1 2 3 4 5 6 7 8 9 10 11 I 89.2 90 91 91 Installment without subsidies II 85.6 87 87 87 87 87 Installment without subsidies III 80.7 81 81 82 83 83 83 83 Installment without subsidies c. subsidized installment percentage as referred to in article 7 paragraph (1) letter b, is a comparison between the subsidized financing installments paid by customers with installment financing without subsidies; d. the level of the highest margin which will apply to customers poured in the MoU and/or PKO with public housing Ministries; www.djpp.depkumham.go.id 2008, no. 55 9 e. Sarusuna that his acquisition through Subsidized MORTGAGE Sarusuna Sharia should not be sold or assigned in the form of deeds of any law, except: 1. for the benefit of LPP in order to rescue financing; or 2. has exceeded the period of 5 years since his acquisition. f. implementation of the subject as stated on the letter e number 1 and number 2 set and regulated more by regulation of the Minister of State Housing. (4) the provisions of the tenor, it is agreed by both parties i.e. the LPP and customer tailored to the capabilities of each target group. (5) the Syariah KPR Sarusuna murabaha contract using Subsidized or istisna ' contract and using the calculation of margins with Sharia principles. Article 8 (1) the coordination of the implementation of the housing subsidy for the possession of Sarusuna with Sharia principles being the responsibility of the State Minister of public housing. (2) the provision of operational standards and procedures the implementation of housing subsidies for the possession of Sarusuna with Sharia principles set forth by the State Minister of public housing. CHAPTER IV miscellaneous PROVISIONS article 9 (1) target group as referred to in article 3 and article 4 was allowed to have a Sarusuna with a price limit follows the lower target group all skim and keep using the magnitude of subsidies which are enacted for the target group of origin. (2) target group as referred to in article 3 and article 4 was allowed to have a Sarusuna with a price limit of the following target groups is higher with skim and magnitude of subsidies received following the selected target group. (3) the target group referred to in article 3 and article 4 which do not have sufficient down payment, can take advantage of facilities Lease Purchase during the particular with paying rent and installment cash advance MORTGAGE contract before Sharia Sarusuna Subsidized. www.djpp.depkumham.go.id 2008, no. 55-10 (4) Implementation as referred to in paragraph (3) are defined and regulated more by regulation of the Minister of State Housing. (5) the period of MORTGAGE Subsidy Subsidized Sharia Sarusuna for each target group is calculated starting at the moment of issuance financing plus a period of subsidy applicable to the respective target group. (6) the target group as referred to in article 3 and article 4 which would do contract MORTGAGE financing inden Sarusuna before Sarusuna building was completed, be consideration of LPP to approve or not approve the contract financing in accordance with the provisions applicable to the LPP is concerned all the customer's MORTGAGE instalment inden Sarusuna enforced the same as subsidized installment, as well as preferred for target groups II and III. (7) the housing MORTGAGE Subsidy inden Sarusuna will be processed after Sarusuna was handed over to the customer throughout satisfy the conditions regulated in the Ministerial Regulation. (8) the syariah KPR inden Sarusuna subsidized, a subsidy period applies from the date of the determination of the subsidy agreement. (9) the issuance of Syariah KPR Sarusuna who do not meet the conditions set in this Ministerial Regulation, the determination of the applicable MORTGAGE margins following the market margin agreed upon by the LPP and the customer and are not entitled to obtain housing subsidies. (10) the target group as referred to in article 3 and article 4 which will obtain MORTGAGE facilities Subsidized Sharia Sarusuna required attach proof of the Payer's tax Number (NPWP). (11) construction of a small house in urban areas which have the potential to be developed into the commercial attempted to use the concept of a combination of peruntukkan (mixed-use) so as to allow the occurrence of cross-subsidies from commercial buildings to the small house in the same area. (12) All the provisions in the regulations the Minister is one of unity and binding for all agencies/government agencies, local government, banking, non bank financial institution, or a cooperative engaged in housing and communities that will utilize the facilities housing subsidies. www.djpp.depkumham.go.id 2008, no. 55 11 Chapter V CLOSING PROVISIONS article 10 this Regulation comes into force on the date specified. So everyone knows, this Ministerial Regulation enacted by its placement in the news of the Republic of Indonesia. Established in Jakarta on September 18, 2008 MINISTER of STATE FOR HOUSING MOHAMMAD YUSUF Ash'ari Enacted in Jakarta on October 9, 2008 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA www.djpp.depkumham.go.id, ANDI MATTALATTA