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Church As the Land Right Holder



After we are aware that there are two kinds of organization, the lawful Corporate Organization and the Non- lawful Corporate, in the current discussion I will especially elaborate about Church or Church Organization as a body of lawful organization.

Based on the Decree of the King on the 29 of June 1925 No. 80 (Staatsblad 1927 No 156) about Regeling van de Rechpotitie der Kerksgenootschappen (The Regulation of Law Position of Church Organization), henceforth Church or Church Organization belongs to independent board, and herein is considered  as lawful body (article 1).

In order to be considered as a Church or a Church organization, a Letter of Official Statement is needed from the Governor General (currently: Church Board – Sinode).   The Letter of Official Statement can be given by the Governor General after all regulations and written stipulations on organization and management orders are submitted (article 3). The actual requirement is that the founding of a church organization is compelled to be granted with decree from the Church Board or permission from the Government, or the stipulation of the Organization is legalized by the Church Board or the Minister of Judicial Acts and Human Rights of the Republic of Indonesia/HAM RI. Every change of Administrators of the Church or Church Organization has to be reported or to be granted with a Decree from the Board of Church.

Nevertheless, statement of Church founding or Church Organization can be subject of rejection ( declared invalid ) based on the decree containing reasons after hearing of evidences from the Indonesian Advisory Board (Raad van Indonesie).

Due to the Church or Church Organization status as the Lawful body and having the same status as that of human beings, hence Church or Church Organization can posses immobile assets (in this case land and building) within the status of Building Utilization Right / HGB that is appropriate to article No. 36 Clause 1 of  Fundamental Laws of Agrarian /UUPA (No. 5/1960 about  Fundamental Agrarian ) or Use Right (according to article 42 letter c UUPA).

As the Land Right Holder, Church has right and duty as well, the same as the other Land Right Holder. To conduct judicial act over the land, for instance, transactional or rental activities, the actions must be carried out by the management that are currently active, consecutively in this case are the Chairman, the Secretary and the Treasurer.

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