EMERGENCY LEGISLATION REPUBLIC OF INDONESIA NUMBER 3 IN 1958

ABOUT THE HOUSING AFFAIRS

PRESIDENT OF THE REPUBLIC OF INDONESIA, IN A DRAW: A. That it is necessary to conduct new regulations

on residential affairs, which apply to the rest of Indonesia. B. That due to urgent circumstances, the affair

The use of housing needs to be set up with; Given: a. Sections 26, 33 and 96 of the Provisional Basic Law

Republic of Indonesia, b. Law of the State of Danger 1957 (Law No. 74 of the year

1957, State of 1957 No. 160); Heard: Council of Ministers in his 97th trial on 15 April 1958.

DECIDED: a. Repeal: All rules in conflict with-

This Emergency Law. B. Establish: Emergency Law on Housing Affairs, GENERAL REGULATION Article 1. (1) In this Emergency Act is defined by housing

is the buildings or parts thereof, which are reserved for or may be used by someone and/or companies, ministries, agencies and institutions. other bodies similar to that, to be inhabited or to be occupied.

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(2) This Emergency Law does not apply to: a. The buildings or parts of which

according to or under the rules of the Emergency Law are defined as being outside the business of the Housing Affairs Office;

b. Housing belongs to the state that is in the affairs of something the Ministry and/or used by a foreign representative for the employees who have diplomatic status

Article 2. (1) The housing business is administered by the next Minister of Social Affairs

in this Emergency Law it is called the Minister unless the affair or something special in housing matters by the Minister is handed over to other officials under it.

(2) Based on this Emergency Act the local housing business is partly or entirely may be handed over to autonomous areas with Government Regulation.

Article 3. (1) Plased in place seen as necessary by the Minister, after

to hear the consideration of the Local Government concerned, the establishment of the local housing affairs office.

(2) the Minister appointed a Head of Housing Affairs Office Local.

(3) The C.q. County Government Council. The concerned regional chief is the Regents of the Office of Housing Affairs Sepremises,

(4) The supervisor referred to in paragraph 3 of this section later in this Emergency Law is called The supervisor in the running of his obligations is guided to the clues, which given by or on behalf of the Minister, to organize this Emergency Act.

(5) If between the Head of the Office of Housing Affairs Sepremises and the Regents there disputes understand about the matter of housing matters, then The Social Minister gave the final decision; while the Social Minister ' s ruling is not yet

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received, then the Supervising verdict may be executed. Section 4. In order to conduct the Minister's discretion on housing affairs and for coordinating the hosting of residential affairs generally throughout Indonesia, the Ministry of Social Affairs is held in the Office of the Housing Affairs Centre. The duties of the Office of Housing Affairs are governed by the Minister, Article 5. (1) Place where there is a Housing Affairs Office of Sepremises,

held the Local Housing Committee, which consists of at least three and a large number of five members, appointed by the Regional Council of Councilmen c.q. At that place.

(2) The Local Housing Committee is generally obliged to advise and consideration to the Head of Housing Affairs Office Sepremises.

(3) The way of work as well as the replacement of the fare of the Panitia works Local Housing is set up with regulations in the Minister ' s decision letter.

BAB II ABOUT THE HOUSING USE OF Article 6. (1) The burial of something housing is only valid, if for it more

used to be given a sheet of permission by the Head Office of Housing Affairs Senowhere according to the form the Minister has specified.

(2) The Ijin is referred to in paragraph 1 may is given to individuals in its name and/or on behalf of companies, jaws, institutions and other bodies similar to that.

Article 7. (1) The housing permit is not valid, if not used

within 30 days after the date, unless otherwise in the case of another deadline, or in that time the deadline is already extended; In this case, the permit is no longer valid after the extended deadline, which is not used. The permit is also no longer valid, if permission has ended the housing placement in question, as intended

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in chapters 39 and 40, unless by the Head of the Office of Housing Affairs Sepremises is already given a prior decision by written, which deviates from the provisions in sections 39 and 40.

(2) On the license may be Listed in terms of length, nature and breadth of use.

(3) The right of a license should not move its rights under that license to another person.

(4) The license grant may be revoked or amended if turns out that: a. The materials used to obtain the letter

the permit, after which the license was granted, turned out to be untrue or incomplete.

b. The reality of these materials is then in such a way that the issuing of the permit would not have occurred, if the changes of the reality were already known by the time of issuing the license.

That change should not be viewed as one general change in a broad sense, but only one can be seen as a real and direct change in question

a. with a valid permit holder; b. With the status of the building; c. With the owner of the building according to the civil law. (5) The housing Ijin cannot be revoked with no consent

of the authorized licensee, except in such matters in verse 4, by not reducing what is set in chapter III.

(6) The license to occupy housing should not be revoked, previously for the authorized holder of the license it is available or has been provided by the Housing Affairs Office Sepremises one housing lan is worthy of him.

Article 8. This is in chapter 6 and 7, which is not applicable to the use of the rooms at the house of the inn, which was appointed by the decree by the head of the office of the house of Housing, where the use of it was not for more than fourteen days. Constantly, or in a month, Takwin does not exceed fourteen days. The head of the local residential affairs office can extend the limit

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Time for use referred to above, if there is sufficient reason. CHAPTER III OF THE TEMPORARY MASTERY OF HOUSING Article 9. (1) The Head of the Housing Affairs Office Sepremises can do

temporary mastery in order to; a. Something housing was handed over to him to be queried

in accordance with the rules in this Emergency Act;

b. Something housing is given directly to the person appointed by him;

(2) The temporary confirmation was made with the decree of the Head of the Office of Housing Affairs Sepremises; before the letter of the decree was set, the Chief asked for advice. It is written to the local housing committee.

In an extraordinary state and in the state of exercising it cannot be suspended again, then the request for advice first can be ignored by the Head of the Office of Affairs. Local Housing because:

a. Considering the time in question with the advice of advice first, and

b. Considering the purpose of the purpose of the mastery. A copy of the decree was delivered immediately to the local housing committee.

(3) For advice intended in the verse in advance, then Head of the Office of Affairs Local Housing has sent to the Local Housing Committee the plan for which the demands are to be followed with reasonable captions. The plan and the captions must be so, so that the Committee may have the opportunity to review and consider all things referred to in paragraph 5 of this section.

In case of urgency, the Chief is referred to in verse 3 of the On top of that, we can immediately propose that the plan was with the verbal statements to the Panitia. Advice from Panitia must

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is always issued in writing. (4) To those who, according to the law of perdata, are entitled to something

the housing that is charged with it and to those who use it, or if necessary to its ruler, be given an opportunity by orally posited and captionable. from their objections to the Committee; in exceptional matters as intended in verse 2, it is the Head of the Office who gave them the same opportunity. Every temporary mastery of the estate is null and void, when it is done by not fulfilling the intended designation in this verse.

(5) The decision to master while something is housing and the decision to advise and consideration, The purpose of the temporary mastery is to be taken, only if the Head of the Office of Housing Affairs Sepremises and the Local Housing Committee argues that the interests are concerned with the temporary mastery over the greater than the In the interest and objection, those affected by the mastery. That is, those who according to the law of the data have something right over or those who use the housing in question.

Article 10. (1) Something temporary mastery can only be run for the time

specified; such time limit may be extended by one or more times.

(2) Something of temporary mastery is terminated, after seen in the conduct of housing matters no longer need to be passed on.

Article 11. A temporary mastery decision letter is at least: a. Names of people or those c.q. companies, institutions-

agencies and others similar bodies to that, from whom the housing is prosecuted;

b. Names of people or those c.q. companies, jawatan-jawatan, institutions and other bodies similar to that, for whom the housing is prosecuted;

c. A careful description of the housing demanded; d. If necessary, it is also what is intended in the final sentence

of the second paragraph of section 9;

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. The specific terms, which are viewed as necessary, may not be directly contradictory to the law or by the rules in chapter IV of this Emergency Law.

Article 12. Those who have a right or are they who use the estate as referred to in section 9, paragraph 5, in a week after the decree is made official to them, may enter a request, which is accompanied by a captions, to the Regents to cancel or modify a temporary mastery decision letter; the supervisors continue that application, accompanied by consideration, in fourteen days to the Minister to be taken the decision. Chapter 13. Temporary mastery should not be run before to those who wear the charged housing, can be provided one other estate that is worthy of him. Section 14. (1) The decision letter of the charge for temporary control

was notified by a letter of the letter to a. The wearer; b. Those with something of a means have the rights to the estate or to the known power; by that notice, then the demands are complete. For the ways of the notification are applicable rules, which must be obeyed in the face of the court.

(2) The decree contains an order, that the inhabitants of the house give up the housing demanded of them for whom it is. (3) Because there is a request such as referred to in chapter 12, then the execution of the decree is withdrawn, unless the Chief of the Office of the Affairs of the House is in question.

(3) Because there is a request such as the Law of the Law, the The local estate has ordered to be run immediately, in those things urgent.

BAB IV

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ABOUT THE LEGAL RELATIONSHIP BETWEEN THEM FOR WHOM THE TEMPORARY MASTERY IS RUN AND THOSE WHO HAVE THE STRANSIT RIGHTS ON HOUSING THE Article 15-CONTROLLED HOUSING. (1) At the time of interim mastery, then applicable

between persons entitled to lease the housing rental housing not included in the person for whom the temporary mastery is done, the legal relationship is governed by the regulation laws regarding lease, if there is no deviation about it in or by the cause of this Emergency Invite.

(2) The amount of rent, which must be paid for temporary controlled housing, is set forth by the Head of the Office of Affairs Local housing with a decision letter; if there is a Committee-lease, then the number rent is set by that Panitia.

Article 16. A person, for whom a temporary housing estate,

is entitled to the estate, nor the entrance of the housing and the building of the hire, according to the customs of local housing and the purpose and purpose of the destination. use of similar housing is according to local custom.

Article 17. (1) At the request of a person entitled to receive a lease

based on the designation in section 15. The head of the local corporate affairs office will terminate the temporary mastery if:

a. The tenant in the rented housing was not as appropriate;

b. The tenant does not carefully fulfill its obligations on the payments to which it leases;

c. The tenant is extremely negligable to fulfill its obligations under section 36 must comply with it;

d. Tenant is so annoying to the rent

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or to each of the occupants of the house. (2) The Head of the Housing Affairs Office Sepremises granted

its decision in the letter of the decision by mentioning the reasons.

Article 18. If a temporary mastery is meant to be

the estate is handed over to the Head of the Office of Housing Affairs Sepremises, then the legal relationship intended in articles 15 and 16 applies to the person who is entitled to lease the estate. The tenant tenant does not belong to either party and the Government on the other.

Article 19. (1) If the temporary mastery is terminated then a person, to

whom it has mastered has been executed, is required to restore the preoccupied housing in a good state to the one entitled to lease the lease of the hire no include-; all costs of damage and so on, which are viewed as a result of the omission of tenants in the maintenance of that housing, must be replaced by the tenant.

(2) The provisions in paragraph 1 apply also in that regard in section 18.

CHAPTERS V PENETAVE RELATED TO INN HOUSES Article 20. (1) Head of the Office of Housing Affairs Sepremises grant permission

to the administrator of the inn house, whose appointment according to the rules in section 8, to provide the audience with the unlicensed guest in section 6 paragraph 1, during the time limit mentioned in the license; that time may be extended in accordance with the provisions in section 8. A permit can be listed as a result.

(2) Deliver and use of such lodging in lodgings in this paragraph is invalid with no permission.

(3) the provisions of temporary mastery in

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chapter III and chapter IV, also applicable to lodging houses.

CHAPTER VI-DETERMINATION TO PREVENT THE LOSS OF RESIDENTIAL SPACE OR TO MAKE USE OF MORE USEFUL ARTICLE 21. (1) To prevent the loss of housing, the Head of the Office of Affairs

Housing Sepremises can order repair of something of the building; previously issued that order he must first pay attention to the advice of the Housing Committee Local. If approved by the Regents, then the order is delivered to the right to lease the entire building.

(2) The Head of the Office of Housing Affairs Sepremises can order the maintenance of the repairs, Adding or changes from a building over the cost of the Government.

(3) The addition or change of something the building should not be in such a way that it is all a new building; the addition or change of it It can only mean working on a building that has existed with intent. So that the space that is in the building can be used more according to the discretion of the housing.

(4) The matters concerned with the implementation of provisions in verses 1, 2 and 3, among them. Issuing a mean command, how to finance the work that has been ordered, how to issue costs from the State Department as loans and others are governed by the Minister's regulations.

Article 22. (1) Everyone is required to agree to by the Head

Office of Housing Affairs Sepremises or for its orders are held in addition to the work, changes or improvements to something of the building, in accordance with the assignment of the building. in this section of the face.

(2) The use of such buildings is required to maintain

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additions, changes or improvements to it, as well as against other parts of the building it uses.

(3) With Government Regulation may be set up a way of imposing the costs of holding the The fixes, additions, or changes made by the Government to the homeowner or renting of the house in the event of such order in section 21 are lamented by the concerned.

BAB VII PROVISIONS TO PROTECT HOUSING FOR TENANTS OF Article 23. (1) By not reducing the provisions according to

the law to terminate a-lease agreement, then, if something of a-lease agreement is terminated by not the consent of the tenant, the Superintendent upon hearing of the Panitia Local, may act as such in the following sections in order to protect housing for tenants.

(2) Which is specified in the verse in effect, as well: a. If something of a lease agreement is terminated

due to the law or terminated due to its deadline expired;

b. If the housing is concerned, it is sold as a result that the tenants are required to leave the rented housing;

c. Where a lease-lease agreement is made because the tenant is working on a lease, or a lease-lease agreement is part of a job contract, on the terms of a working relationship between the two fiends is over.

Article 24. To carry out the expulsion of a tenant from the estate

which he uses in such matters as intent on section 23 is required prior to the consent of the Regents under the terms of such terms as in the following section;

Section 25.

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The supervisor will provide the consent that is intended in this advance section, if it turns out to him that;

a. The tenant in the rented housing was not as appropriate;

b. The tenant does not carefully fulfill its obligations on the payments to which it leases;

c. The tenant is extremely negligable to fulfill its obligations under section 36 must comply with it;

d. The tenant is very annoying to the renting or to fellow homeowners.

Article 26. What is specified in this chapter does not apply to housing that

is used according to the assignments in chapter V. BAB VIII ABOUT SOME OF THE SPECIAL THINGS A. Concern the houses of the agencies. Article 27. (1) Something building or parts can be stated

as the home of the instance with the decree of the Head of the Office of Housing Affairs Sepremises; previously the decree was issued, the Head of the Office must first hear Local Housing Committee.

(2) Something of a building or its parts can be declared as an instance house for housing for employees of the ministries, companies, institutions and other similar bodies. with that; the statement was held only on the written request of the concerned.

(3) At the rejection of the Head of the Office of Housing Affairs Sepremises against the plea it is concerned may submit its objection to the Minister through the Watch within 8 days after the refusal was notified to him with the official.

Article 28. The statement that one building or part of it is

the housing agencies are giving the following as follows:

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a. And the houses of the houses, or of the houses, or of the houses, or of the houses, and of the houses, and all that are in their own hand, shall be for the houses of the house of the house of the house. His family heeded the rules that the Minister or the Minister appointed, or the Ministers appointed;

b. The use of the persil in question or its parts, as such in the sub, is detached from the office of the Chief Housing Affairs Office of the Sepremises.

Article 29. The statement letter, intended in paragraph 1 of section 27,

may only be retracted or amended with a new decree from the Head of the Office of Housing Affairs Sepremises on the grounds that the notes were made material for the It is not, or incomplete, or incomplete, nor full, that the letter of the decree shall not be removed, or not in the likeness of it; if it be a matter of fact. have been known to be older; previously running withdrawrights or alteration That is, the head of the Office of Housing Affairs has to first hear the Local Housing Committee.

B. About the new buildings. Section 30. (1) A person, who set up a new building after Invite-

This Emergency is valid, entitled to be the occupant of that building.

(2) If he himself does not wish to be a resident then he can appoint the occupants of that I wish it would.

C. About the warrants to vacate something housing.

Article 31. (1) If something housing is not occupied according to

regulations of this Emergency Law, then the Head of the Office of Housing Affairs Sepremises due to his post, or on the request of the person who according to the law of data is entitled to use the The estate, after receiving approval from the Regents, can order with a warrant for the housing to be vacated

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within the time limit mentioned in the warrant. (2) The warrant to vacate something housing is not

issued before another housing estate, which is worthy of the occupants who must vacate the estate, unless there are matters such as referred to in section 25 sub a to with d or the occupant indeed of the original is the unauthorised occupant.

(3) The warrant to vacate the run is as described in section 33.

D. About the paperwork to pay the rent. Section 32. (1) If a person, for whom the control is exercised

while on something housing is based on the assignment in the first paragraph of section 9, always does not pay the price of rent that must be overshadowed by section 15, though it has been The office of the Office of Housing Affairs Sepremises would warn with a warrant to repay the debt.

(2) The warrant was signed by the Head of the Office of Housing Affairs Sepremises. and submitted as quickly as possible to the entitled to receive rent or to His power is with a warrant that has the form and the nature of the execs.

(3) The warrant, referred to in this paragraph, shall be executed in a manner as set forth in order to execute the usual Civil Justice decisions.

E. On the help of Section 33 Police. (1) If something of a warrant for a sender such as

referred to in section 31 is not fulfilled by concerned within the specified time limit, the Head of the Office of Housing Affairs Sepremises can command that order. with the help of the Police, for the fare from which to the command.

(2) The police are obliged to comply with the request of that assistance, if the warrant is signed by the Regents as a statement of agreeing to the police ' s assistance.

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Section 34. (1) If within the time limit the housing is specified

charged under section 9 is not submitted, the Head of the Office of Housing Affairs Sepremises can order to run that charge with the help of the Police at the expense of the ignoring The charges.

(2) In running charges with the help of the Police to get power over the charged housing, including the expulsion of use of the charged housing as well as removing movable goods. In it, the head of the office of Housing Affairs is nothing to heed. What do you think that is?

(3) The provisions of the second paragraph of article 33 apply to this section.

Article 35. (1) If the charges are intended in section 20 paragraph 3

is not filled with willingly. And the chief of the house of the house of the house of the house of the house of the house of the house of the house of the house of the house of the house, and the charge of the law, that they might force them, that they may enter into the inn Sued and onwards take action to get all necessary needs, according to the Chief's scales to meet that claim.

(2) The provisions in paragraph 2 of section 33 apply to this section.

F. About the obligations of the inhabitants of each other regarding the use of electricity, water and gas.

Article 36. (1) The person who is directly subscribing to electricity, water and gas

is required to allow the use of electricity; water and gas by other residents, if in a residential room, the other occupants have an installation of use.

(2) In the event of a dispute about the use and/or payment, between those intended in paragraph 1, then on the request of one of the parties, the payment is set by the Head of the Sepremises Housing Affairs Office

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with regard to the Minister's instructions. G. About the obligation to provide the description of Article 37. (1) Each person is required to provide a description-

The information requested by the Head of the Office of Housing Affairs Sepremises or a special employee is available about the use of something housing, if it is indeed necessary to doing his job.

(2) A person requested by the Head of the Sepremises Housing Affairs Office, referred to in verse 1, is entitled to request that the clerk first show him his or her letter of power.

(3) The head of the local housing affairs office has the right to ask for someone, to be asked. The caption, came alone in his office at the time of his time.

Article 38. (1) The Head of the Housing Affairs Office is entitled to request

to have him shown the letters, which he may need to examine the details provided.

(2) If the letters are intended to contain also Other information, then the rights intended in this paragraph include only the portions of the letters necessary for the examination.

H. About the occupant ' s liability in ending the use of housing

Article 39. (1) If a man is about to end the use of something, then he shall be required to inform the chief of the office of the House of Housing, the twelve days prior to the termination of the matter, and if it be a matter of time, then it shall be It can't be that fast.

(2) The liability mentioned in this diface to those who are entitled to rent out the estate, once they find out somewhat certain, that usage will be terminated.

Article 40.

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In this Emergency Act is defined as ending the use of something of the estate, if the user leaves the estate constantly at least for a month by not having a written permission first than Head Office Of The Local Housing Affairs.

I. It's about the housekeeper's obligation. Section 41. The keepers of the inn houses, for example,

obligations under this chapter, as well as the obligation to be in this chapter, as well as the obligation to provide information about the ability to provide. The intern, about the people who are staying at the inn house and about hosting the inn.

J. The employee's obligation to keep the details secret.

Article 42. Each employee is required to keep everything confidential to

at the time of running this Emergency Code, or the time to run for an area under this Emergency Law, except for the basis of a legal provision, or because of his work and office, he was obliged to inform you of it.

K. About the loss of Article 43. In the event that will be determined by the rules in

the decision of the Minister by the State may be given a reimbursed loss, if the loss is suffered as a result of something of an act in order of the rule of the law in the Invite- invite this emergency.

CHAPTER IX ABOUT ADVANCING THE OBJECTION

Article 44. (1) Each person, which has immediate interest due to

by each deed or departure from the Head of the Office of Housing Affairs Sepremises in the running of this Emergency Act may express its objection to the Minister with through the Regents, but it does not result that it is thus

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The decision of the Head of the Office of the House of Home Affairs is hereby suspended; the Minister may immediately order that the decision be made, if he, after receiving a statement of objection.

(2) If the Minister accepts either a statement of objection as intended in this chapter or any other chapter in this Emergency Act, then, if the decision begins to be exercised entirely or In part, the Minister governs the consequences of his decision.

(3) The designation in this Emergency Law, which aims to protect one's rights and interests, does not diminuate the right of the concerned to advance its objections to the ordinary court for trial in the United States. The things that are in the case of duty are to be punished.

CHAPTER X OF THE DEEDS THAT MAY BE PUNISHED AND THE DEPRECIATION OF THE DEEDS.

Article 45. (1) With a confinement sentence for up to six months or a fine

as many as ten thousand rupiah can be punished for who: a. Occupying one housing is contrary to the determination

in section 6 paragraph 1; b. Perform actions that are contrary to the things that

have been specified in a license about the use of the housing provided under section 6 paragraph 1;

c. Perform actions that are contrary to those that have been specified in the temporary mastery letter, about the use of housing according to the provisions in section 9 or in section 20 paragraph 3;

d. Giving the use of something housing is contrary to article 6 of paragraph 1, unless it is temporary for no more than fourteen days;

e. As the caretaker of an inn house does the contrary to which it has been specified in section 20 paragraph 1;

f. Do not meet the temporary mastery demands

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relayed to him as intended in chapters 9 and 20 paragraph 3 or act, or flows something so that the charges cannot be fulfilled, or obstructing them, to whom the charge is executed, to use The housing is prosecuted;

g. Not in time or not as sufficient as it complies with the obligations given to him to provide such statements as intended in sections 37 of the verses 1 and 2, 38 and 41 or to perform such notice. intended in section 39;

h. It gives or notice as if it is in the letter g, whereas he knows it or should be disfigured that his or her interest is contrary to the real one;

i. It does not meet the call as intended in section 37 paragraph 3;

j. In the event of an Act of Law, it cannot be carried out, hinting, or obstructing its host.

(2) The punishable deeds are referred to in verse 1, viewed as a violation.

Article 46. (1) If the works which are in the letter f, g and h of

this section of the face is done intentionally, then the guilty is punished with a prison sentence for up to nine months or a fine of thirty thousand rupiah.

(2) The punishable deeds referred to in paragraph 1 is seen as a crime.

Article 47. (1) If something is done, which according to this chapter may be punished,

done by the law then the charges are executed and the sentence is dropped to the members of the sacrifice.

(2) If the laws are located outside the territory of the Republic Indonesia, then the charges were executed and the punishment was handed down to his deputy local in place of the deed.

(3) Which is specified in the verses in this advance applies to the law, which acts as caretaker or

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representatives of the other laws. Section 48. In the past, employees are generally assigned

to ruffle the deeds which the Emergency Law says can be punished, then depreciation of the deeds, which can be punished under the Emergency Law. This, in order to the employees according to the provisions in the Order Ordinance.

Article 49. By not reducing the provisions of the law,

employees, who are assigned to harass the deeds which under this Emergency Act can be punished, are entitled to:

I. To be shown to him all the letters are concerned, if it is necessary to perform his duties properly.

II. Entering places, including the room where the residence should be immediately required to fulfill its obligations, but must not enter the premises of the residence between the hours of 18 and 6 pm, except for:

a. If they are based on their own rank, they are entitled to act in such a way.

b. With the permission of the man that he's silent. C. It is accompanied by a prosecutor who is entitled to

enter within such a time limit, or a person, but based on a letter of power from the prosecutor referred to above,

CHAPTER XI ' S RULE OF TRANSITION Section 50. (1) The officers or the bodies, at the beginning

the enactment of this Emergency Law shall have the same or the same title as the posts in this Emergency Law, which are from the beginning of the term. This Emergency Law, seen as having been appointed in their respective posts, is under this Emergency Law and exercises its office in accordance with provisions in the Act

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This emergency. (2) Which is specified in the first verse does not apply to

the Sevenues Advisory Council; the councils remain in office, provided that it is not in conflict with the rules of the Emergency Act; the councils are not. No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, (1) Deeds, decisions and actions-

actions that upon the start of this Emergency Act have been legally executed, or are being worked on, taken or being taken and executed or executed. By the power and the right, remain in effect after that time, but since then the consequences are governed by the rules of the Emergency Law.

(2) In the things where The laws of the verse in this face are the difficulties, so that they may not be able to do so. Minister, on the request of the concerned. Or because of his office, it will make decisions in these matters as well as the rules in this Emergency Act.

BAB XII REGULATION COVER Section 52. Other things, concerned with this Emergency Act can be set up with Government Regulation. Article 53. Regulations on residential affairs are now in effect and not in conflict with this Emergency Act, if it is necessary, within three months of the expiration of this Emergency Act, it must be established again. Based on the rules of the Emergency Act. Article 54. (1) This Emergency Act entered into force on the day of promulgations

and it was retroactive until 17 April 1958. (2) This Emergency Act may be called " Emergency Law

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Housing ". In order for everyone to be able to find out, order this Emergency Law invitation with the placement in the Republic of Indonesia States. It was established in Jakarta on 17 April 1958. PRESIDENT OF THE REPUBLIC OF INDONESIA, SUKARNO Minister of Social Affairs, MULJADI DJOJOMARTONO, was promulred on 30 April 1958. Minister of Justice, G. A. MAENGKOM

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EXPLANATION OF EMERGENCY LAW No. 3 IN 1958.

ABOUT THE HOUSING BUSINESS.

A. UMUM. The housing business within our country is governed by some of the rules issued by both Central and civilian officials, or military officials. These are the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the statutes, and the law The housing is everywhere in order for housing division to be well-regulated. The statute of housing matters is to have a national view with regard to the common law and is not based on emergencies such as S.O.B. With experience in recent years there are already known needs in practice so it can be expected that this Emergency Law will be able to achieve good results. The government feels the need to hold some power that affects the rights of a person in the housing field as long as there is no balance between the abundance of housing and the need for housing. In this adult the need is far greater than the presence of housing, so the Government must be able to arrange for existing housing to be used according to a decent and fair share of the company. To be able to carry out the meaning of it, the Government needs to have valid power-based power, so that it can carry out and where it needs to carry out. In contrast to the balance of the power of the Government, there must also be guarantees that protect the general; especially the power that affects the rights of one's rights, can only be executed when fulfilled by certain terms. In this Emergency Law. The government assumed that this Emergency Law would give him a chance to deal with the difficulties in housing; so this Emergency Law gave the Government the opportunity to govern. A real estate with enough legal guarantees. With this Act of Emergency, there will be legal confirmation, and it can obliterate the anxiety and anxiety that this adult often turns out in society, which is whether or not the actions of the Government are taken in. The housing field is legitimate and accounted for. This Emergency Act outlines a fairly clear power-the power and its limits and terms. It can be seen among others in chapters II, III, IV, VII, VIII and IX of this Emergency Act. The Emergency Act primarily regulates the division of existing housing. About the new development held

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provisions in chapter VIII of section 30 to encourage the construction of new houses, by giving marbles to the owners who set up the house to establish themselves the inhabitants. B. THE DIVISION OF LEGISLATION. The first chapter of the Emergency Code contains the common rules and regulates the organization of the housing service, so on the eleven other chapters governing the hosting of housing, power and employment obligations, some special matters and finally. It has a transitional and closing rule. ARTICLE BY PIECE. BAB I. Article 1. Verse 1: In this section is used the term housing with the intention of replacing the term accommodation used to be used in residential affairs. And it shall come to light, that in the days of the house of the house of the house of the house, and of the way of the house of the house, and of the way of the house of the house, and the way of the house, The inseparable part of the housing is used, in this case according to the consideration of the head office of the Sepremises Housing Affairs. Verse 2a: "Which according to or based on the rules of this Act entered into the environment of the Office of Housing Affairs of the Sepremises" was the first to relate to the establishment of the Minister of Social Affairs on the territory of the Housing Affairs Office. Local. Some of the buildings were in the business of the Office of Housing Sevenues, where the building was located within the area of the area. Both are also possible, for practical reasons, that one housing group located within the Housing Affairs Office area, is not included in its affairs. It is essentially the Code of Emergency for all housing to be incorporated into the Act, but it is also given leniency to adjust it to the state of practice. The word "according to the rules of the Emergency Law" means that according to the instructions for each area that the Minister is going to give or according to his instructions by the subordinate employees. Verse 2b: It is quite clear. Section 2.

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paragraph 1: Pokok of paragraph 1 is the granting of duties in the affairs of the estate to the Minister of Social Affairs. The government considers the centralization of duty in one hand it is important because; a. It can thus be held in the coordination of work to take care of

housing division throughout Indonesia. B. For the task it is only a Minister who is in charge-

answer. However, it is also open to other agencies, under the responsibility of the Minister's office. The submission of a special task as referred to in verse 1 is not meaningful, that the Minister is relieved of his account of the task in question. The release can only be implemented with the Act.

paragraph 2: Opportunity is opened also to hand over residential affairs to Autonomous Regions, which is based on this Emergency Invite can be done with Government Regulation, in order to thereby surrender it can be swift Done. Section 3. According to verse 1, the Office of Housing Affairs Sepremises can only be granted by the Minister of Social Affairs, if he sees the need. This is a result of the centralization of wisdom in the housing affairs of the Minister, who is to be entirely responsible to the House of Representatives (D.P.R.). Because of the shopping for the entire country, which is given to the Ministry's budget, it is duly handed over to the Minister's consideration, whether or not somewhere should be established in the Office of Housing Affairs, as well as the other. whether it needs to be excommunicated, excommunicated or expunged. This is the principle alone, the Minister must pay attention to the desires of the area As such, the Office of Housing Affairs is established and arranged as may be in accordance with the will of the Minister by the Local Government concerned. The minister will only deviate if there are any objections-an important objection. In some ways it is considered necessary to be concerned with the Local Government concerned, as the Government is able to find out (irrespective) the local needs in relation to the needs of its entire territory. The advice and consideration of the Government of the State is necessary to establish the extent of the area of the Housing Affairs Office of Sepremises and establish the large number of employees. As such, the local offices have the nature of an office led and organized by the local powers, although the offices were established in a central manner. Verse 4. But the counsel of the minister shall not only guide the words of the minister, but he shall obey the commandments of the minister, and the command of his command, and to keep the commandments. It's been taken down by the head of the Office of Housing Affairs Section 4.

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The supervision to be undertaken by the Office of Housing Affairs is preventative and also repressive to the work-work of the local offices. As a Supervisor, he has the right to ask the local offices of all the details of the work that he's doing need to match to the discretion of the Government in solving the problem of housing matters, Among other things, they are appointed in the guidelines and guidelines (see section 3, verse 4). The work required to organize the duty duties of the Central Office in paragraph 1 can then be governed by the Minister with administrative regulations. Section 5. Verse 1. The area of the local housing committee is the same as the residential area of the Sevenues Housing Office. Verse 2. The specific provisions of the Panitia task are contained in chapters 9 verses 2 and 4, section 21, section 23, section 27 paragraph 1 and section 29. Verse 3. Pretty obvious. FAR II. Section 6. This section sets the main terms for the use of something housing; it can only be done with a permit from the Head of the Office of Housing Affairs a place that is issued first according to the required form. Each person who uses something of a estate by not using a license, is a blackman and can be executed on the basis or power of this emergency invite. If the Azas are not firmly held, then in general, the proper division of the estate will not be able to run. The weight of this arrangement is the part of it: a. The permit must be obtained first; b. The permit must be given in writing; c. The permit must be issued according to the required form. Only those three conditions can be prevented by using the use of something housing on a given oral license, or a later acquired permit or a license obtained by a letter or a mere note. Verse 2: In this verse can we see that the reason for which to permit the use of something of a housing is not the status of the user; whether the user is one law, the company and so on, it does not matter, just as it is in the mail. It turns out who is to be a user, even though it should be carried out in order to make those statements precisely, whether or not it is juridical or judicially important at the time of the assignment of chapter III; Also in general it is important, if the obligation of civil law should be charged to the given or charged to

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another person for the given permission. If there is any doubt, it will be a good thing for you to be given to the right hand. Section 7. Verses 1, 2 and 3. Pretty obvious. Verse 4. The provisions of verse 4 are not in the rules of the present housing; it is meant by the provisions "that the public with a license, it is guaranteed to be able to use the continual housing." She used it The change of truth-the reality of which is intended in verse 4 b of chapter 7, should not be viewed with one general change ", in order to be easy to remove something. For example, there are many refugees coming from outside the city; this change of similar reality, which is common in nature, should not be made as an excuse to revoke something of a permit, which has been given. Thus, it is determined which changes may result in the revocation of the license, which is the changes that are directly concerned with: a. lawful permit holder; for example because of its family arrangement

changed; b. status of the estate; for example the housing is home

agencies, schools, dormitory and so on; c. owner of the housing according to the civil law; if the owner

it has specific reasons to be given permission for It occupies a place of his own house because of the return of refuge, fire, flood, and so on, it is as if the owner was given the opportunity to inhabit his own house.

Another guarantee in all things is also listed. in the designation in paragraph 6. Verse 5. Pretty obvious. Verse 6. The prohibition of the revocation of the license is referred to in this paragraph only about the permitted holders who remain within the area of the Office of Housing Affairs concerned. If the licensed holder is transferred to another territory, the permit must be revoked. Section 8. Pretty obvious. FAR III. Section 9. Until now, the forced administration of Java by force for Java-based inkwartieringsverordening Java 1947, it was announced in Javasche

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Courant 1948 No. 90. The contents of this rule are no longer contained in this Emergency Law. Regulations provide housing within one of the perils that others have dished in chapter III and are named "On temporary mastery of housing". That right is a deep right of power, which on its end lies in the hands of the Head of the Sepremises Housing Affairs Office. A trait that greatly affects the rights of others it can be accountable to the recall of the Provisional Constitution which stipulats that it belongs to it, functioning socially. Indeed, it is true that the property remains one of the individual rights. And it shall be, for the benefit of the law, that it may be a good thing, and a good assurance that it may be, that it may not be an understanding that is not rieking upon the right hand. Certainly not the purpose of the Basic Law. Even the right to rule in the meantime is in the hands of one functionaries, but he must first hear the advice and balance of the local housing committee, while the adpis can only be given for the reasons that are. listed in paragraph 5 of this section. The decision is only to be taken with the reasons for which it is meant. The responsibility of the formyl remains in the Head of the Office of Housing Affairs Sepremises, as he is not obliged to follow the Panitia's advice and consideration. If it is necessary to keep him in the meantime, even though it is contrary to the advice of the Committee. By the head of the Office of Housing Affairs Sepremises, or by the Housing Committee can be heard of an interest, it is open also to the passage of section 12 to include his objections to the Minister. If the testimony of the person is not heard first, then the decision to take hold while the housing is void (verse 4 is the last sentence). This article does not require an explanation. Articles 10 and 11. Pretty obvious. Chapter 12. If the question is to be argued there are reasons, that a decision is null or revocable, then for him to open the way to ask the ordinary Judge to obtain a null statement, article 44 of verse 3. Chapter 13. The "decent" size intended in this section must be measured by special measures with the Minister's approval

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is set by the Head of the Office of Housing Affairs Sepremises and announced in at least two newspapers, the size of which represents the size of the estate, including the hiring room that can be given to a person c.q. family. These are the only places in which they can be used as administrative cues that do not give the public a right. Section 14. Pretty obvious. AB IV. Section 15. Verse 1. In this verse and the next in the Act of Emergency, many of the words "hire hire do not belong". It is the law of the law, and the law of the law, and the provision of the law, and the provision of all the houses of the land, and the provision of the law. Verse 2 is pretty clear. Articles 16, 17, 18 and 19. Pretty obvious. Chapter 20, chapter 20. Pretty obvious. FAR VI. Article 21. The designation in this chapter VI, which regulates the event of preventing the loss of housing is widespread. It is widely seen from the corner of coercion to be placed on the particulate matter, as well as being seen from the corner of the right to demand a replacement for loss to the Government. The designation may be held accountable, that it should be considered necessary, since it is not only favorable to the particular owner of the building, but also to the benefit of the public. Is not something common in common interest, if the existing housing in the middle of society is always present in good maintenance. The power that is here passed to the Head of the Home Office of Housing Affairs, is one power that cannot be released because of the importance that all existing housing remains in good shape for the benefit of the public. Because the power is often burdensome that is entitled to something perils and often

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once forcing him to sacrifice a lot of money, while also the State-can be required to issue money, then to exercise that power must be held by a special order by the Minister of Social Affairs. Article 22. Verse 1. The assignment of this section may be linked to the designation in section 45 of the 1 letter j. Verse 2 is pretty clear. Verse 3. Pretty obvious. FAR VII. Section 23. Pretty obvious. Section 24. In this chapter it is given to the "Superintendent" referred to in section 3 of 3 verses 3 of some special powers, in order to protect housing for tenants. Section 25. In contrast to the provisions in section 24 that protect the tenant, then section 25 protects the lease against the tenant who is labeling the obligations as a tenant. About the matter of reentering the owner into a housing estate that has inhabited others (the usual mention of rehabilitation of house owners) will be governed by the Minister in instructions or regulations. Section 26. Pretty obvious. FAR VIII. The houses mentioned in this chapter are not Government houses, but are houses with the permission of the Head of Housing Affairs as used by official bodies and partyheads for the housing of its employees. Article 27. Pretty obvious. Section 28. -Sub a. "By heeding the rules that will be granted by or on behalf of the Minister". By entering this sentence is not intended to parse the meaning of the words mentioned before that sentence.

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The point of that sentence is that in performing "his own free will" is not too distorted and the size of the housing run by the Housing Affairs Service is Sevenues for houses that are not the home of the institution. Articles 29, 30 and 31. Pretty obvious. Section 32. Verse 2. Due to a warrant to pay a lease that is overdue-thereafter a notice with a recorded letter is delivered in accordance with the assignment in paragraph 1-issued by the Head of the Office of Housing Affairs Sepremises in the form of a sit-down with another The word, the execs, then it's special in this matter as if there are one simplified site. For this extraordinary act there is a reason, because the housing room, the lease was temporarily overtaken by the Head of Housing Affairs Office of the Sepremises of which leased it to tenants. How need is to be reminded in this relationship to the guarantee for the lease, which is listed in section 17. Article 33. Verse 2: In order to ensure the discretion of the police, the request for help must be signed first by the Superintendent referred to in section 3 verse 3. Articles 34, 35 and 36. Pretty obvious. Section 37. Verse 1, "If real is necessary to do its duty". The formulation in the end sentence of this verse binds the authority of the Office of the Office to demand the necessary information; bound by an objective measure "necessary or not" of the information to do its duty. In other words, it is an objective measure, which is a condition for the power to ask for the details of the desired. As a result, the judge was able to test this measure on the latter level. So the public can be protected so that there may be no question of whether or not to be issued if there is no need for the work of the requiver of the question. It is also the case that you may be able to perform the task. " This similar formulation was deliberately avoided. Verse 2 and 3: Clear enough.

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Article 38. In this section, it is not taken "objectively" from article 27 paragraph 1, but which is "subjective", it turns out from the words "which they may need to examine the given description". It can be run and give to the Head of the Office of the freedom of action, while the second verse of this section guarantees that action (power) be exercised well. Article 39. Pretty obvious. Article 40. Usually, some of the rooms that are used for reasoned letters can be abandoned for more than a month, just as well as the supervision and supervision of the head of the local Housing Affairs Office. This regulation is necessary to ensure proper housing use. In the event of leaving something housing in this section is that if all the members of the family concerned more than one month leave the housing concerned. In the event of a doubt about the actual circumstances, it may be that the final decision was well-entrusted to the Head of the Office of Sepremises Housing Affairs. Section 41. Pretty obvious. Section 42. "Time to run" this Emergency Law, or time to run "surveillance" on whether or not the Emergency Law is under control. "This is the interpretation of the things which are meant by the law," from the cause of the truth, or "from the cause of the law," "Linking to" the running and oversight of this Emergency Law. These are the ones that are in the state of God and the truth, and the signs are not revealed. The rule of law in this Code of Emergency may be required to inform the truth of the matter, as a witness in something of a crime. Sanctions from this section may be seen in section 322 of the Criminal Law Code.

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Section 43. Pretty obvious. FAR IX. Section 44. And the chief of the office of the House of Housing in four weeks after which a plea was delivered to him did not declare to the supplicant something that was in the way of the house. with that plea. BAB X Article 45 s/d 49. Pretty obvious. Article 50. Paragraph 2. the Liability of the existing Housing Council is very different from the obligations of the Local Housing Committee held by this Emergency Law; to prevent any doubt, the decree in paragraph 1 does not apply. The Council is meant above. The councils are obliged to continue, if not contrary to the provisions of this Emergency Law, but the Council is not considered to be the Council of the Emergency Act. Section 51. Pretty clear.

BAB XII

Article 52.

Quite clear. Article 53. In this case, the rules of housing in this section are the rules that are now likely to have been passed by the various housing affairs services. Including the First Nations No. 43 in 1958. Known Minister of Justice,

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G.A. MAENGKOM. Excerpts: SHEET OF STATE AND AN ADDITIONAL SHEET OF STATE 1958

WHICH HAS REPRINTED Source: LN 1958/43; TLN NO. 1569

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