very longterm overstay in Indonesia(help)

[centurion]

The way I understand it the Agrarian law doesn’t require loss of Indonesian citizenship to take effect, it requires having foreign citizenship to prohibit ownership of land.

3) A foreigner who, following the entry into force of this Act, acquires a hak milik by way of inheritance without a will or by way of joint ownership of property resulting from marriage and an Indonesian citizen holding a hak milik who, following the entry into force of this Act, loses Indonesian citizenship is obliged to relinquish that right within one year following the date the hak milik is acquired in the case of the former or following the date upon which Indonesian citizenship is lost in the case of the latter. If following the expiry of the said timr periods, the right is not relinquished, then the siad right is nullified for the sake of law and the land falls to the State with the proviso that the rights of other parties which encumber the lands remain in existence.
(4) As long as one with Indonesian citizenship concurrently holds foreign citizenship, he/she cannot have land with the status of a hak milik, and to him/her the provision as meant in paragraph 3 of this article shall apply.

 

[Nimbus]

3) A foreigner who, following the entry into force of this Act, acquires a hak milik by way of inheritance without a will or by way of joint ownership of property resulting from marriage and an Indonesian citizen holding a hak milik who, following the entry into force of this Act, loses Indonesian citizenship is obliged to relinquish that right within one year following the date the hak milik is acquired in the case of the former or following the date upon which Indonesian citizenship is lost in the case of the latter. If following the expiry of the said timr periods, the right is not relinquished, then the siad right is nullified for the sake of law and the land falls to the State with the proviso that the rights of other parties which encumber the lands remain in existence.
(4) As long as one with Indonesian citizenship concurrently holds foreign citizenship, he/she cannot have land with the status of a hak milik, and to him/her the provision as meant in paragraph 3 of this article shall apply.

Right. These are article 21 paragraphs 3 & 4 of the law no.5 of 1960 (Core Agrarian Law). Merely having another citizenship has the same effect of citizenship loss when it comes to property ownership.

The law was targeting Indonesians who lost their citizenship when they left Indonesia to marry a foreigner, which was still possible under the old immigration law that automatically revoked your Indonesian citizenship after 5 years abroad (unless you made a statement of loyalty every 5 years). It was also targeting dual citizens, because it was not unusual for Indonesians of Dutch heritage to also hold Dutch citizenship. Basically in 1960 the Indonesian government wanted to get rid of all Dutch citizens (and their Indonesian spouses) as landowners. They were largely successful, but now in the 21st century it’s posing an unintended problem toward a different class of people.

 

[centurion]

Right. These are article 21 paragraphs 3 & 4 of the law no.5 of 1960 (Core Agrarian Law). Merely having another citizenship has the same effect of citizenship loss when it comes to property ownership.

The law was targeting Indonesians who lost their citizenship when they left Indonesia to marry a foreigner, which was still possible under the old immigration law that automatically revoked your Indonesian citizenship after 5 years abroad (unless you made a statement of loyalty every 5 years). It was also targeting dual citizens, because it was not unusual for Indonesians of Dutch heritage to also hold Dutch citizenship. Basically in 1960 the Indonesian government wanted to get rid of all Dutch citizens (and their Indonesian spouses) as landowners. They were largely successful, but now in the 21st century it’s posing an unintended problem toward a different class of people.

Interesting thing is that the law was issued at the time when double citizenship was forbidden. Now it is allowed, for certain cathegories under 21 years, however, the provision about hak milik still stays and is basically very clearly underlined (that the Indonesian citzens with other citizenship are not allowed to have hak milik)..

This means that any double citizenship citizen (meaning mixed marriage kids) has no right for hak milik as well, including trough a will. This is probably unconstitutional now as the citizens are treated equally according to the Indonesian constitution.

Article 26
(1) The sale/purchase, exchange, gifting, bequest by a will, grant under adat and other acts which are intended to transfer a hak milik and the control of such acts are to be regulated by way of a Government Regulation.
(2) Every sale/purchase, exchange, gift, and bequest by a will and every other act which are intended to either directly or indirectly transfer a hak milik to a foreigner or to a person of Indonesian citizenship who concurrently holds foreign citizenship or to a corporate body other than those stipulated by the Government in line with paragraph (2) of Article 21 shall be nullified for the sake of law and the land in question shall go to the State with the understanding that any other parties’ rights which encumber the land shall remain in existence and that all the payments which the owner of the land may have received cannot be reclaimed.

 

[pantaiema]

They can get their assets confiscated (the one that they cannot hold, such are hak milik, shares in local Indonesian PTs, CVs) the moment they are found with 2 passports.
There is no need for presidential decree to strip somebody of citizenship, if having 2nd citizenship it goes automatically in the eyes of the law. There is even a court verdict about that.

One possibility. But if they are billionaires they are not naive. They definitely have a lot of international experts, consultants, syndicates are advising them for instance syphoning their wealth using shell companies outside the Indonesian jurisdiction, or using other people names.

A good example is here


In this case the Suharto's Daughter (SHR aka Tutut) are using Yusuf Hamka (YH) as a pawn featuring him as a good Muslim-Chinese to use religious and ethnic sentiment. He claimed Indonesian government owed him IDR800m (original debt was just IDR179m). Indonesian government reluctant to pay as the CMNP has liability more than ten times than this make up claim.

Watch it in minutes: 22:05
Yusuf Hamka (YH): I am not the shareholders of CMNP, I am a beneficiary owner. (e.g spelled out directly from his mouth)

What he said is true his shares is just less than 6%, The vast majorities of the shares are owned by the consortium named BNP Paribas Consortium. Differentiate it with BNP Paribas French banking groups.

Even you seize all of their assets that you could possibly seize in Indonesia, their assets might not be enough to cover all of their liabilities. Numerous examples in the past are BLBI (Bantuan Likuiditas Bank Indonesia), which is Bank Indonesia Liquidity Assistance during the banking crisis 1997 to 1998. After some of them who get involved in bank embezzlement run away are the assets enough to cover their liabilities ?? A good examples to this is Eddy Tansil, Djoko Tjandra. Maria Lumawa. Djoko Tjandra was later capture after over 20 years on the run. When captured Djoko Tjandra found to have Papua new guinean nationality and use his Indonesian passport to enter Indonesia. Another example is Maria Lumawa who was later captured and had Dutch Nationality. Eddy Tansil has Chinese nationality.

 

[pantaiema]

One possibility. But if they are billionaires they are not naive. They definitely have a lot of international experts, consultants, syndicates are advising them for instance syphoning their wealth using shell companies outside the Indonesian jurisdiction, or using other people names.

A good example is here


In this case the Suharto's Daughter (SHR aka Tutut) are using Yusuf Hamka (YH) as a pawn featuring him as a good Muslim-Chinese to use religious and ethnic sentiment. He claimed Indonesian government owed him IDR800m (original debt was just IDR179m). Indonesian government reluctant to pay as the CMNP has liability more than ten times than this make up claim.

Watch it in minutes: 22:05
Yusuf Hamka (YH): I am not the shareholders of CMNP, I am a beneficiary owner. (e.g spelled out directly from his mouth)

What he said is true his shares is just less than 6%, The vast majorities of the shares are owned by the consortium named BNP Paribas Consortium. Differentiate it with BNP Paribas French banking groups.

Even you seize all of their assets that you could possibly seize in Indonesia, their assets might not be enough to cover all of their liabilities. Numerous examples in the past are BLBI (Bantuan Likuiditas Bank Indonesia), which is Bank Indonesia Liquidity Assistance during the banking crisis 1997 to 1998. After some of them who get involved in bank embezzlement run away are the assets enough to cover their liabilities ?? A good examples to this is Eddy Tansil, Djoko Tjandra. Maria Lumawa. Djoko Tjandra was later capture after over 20 years on the run. When captured Djoko Tjandra found to have Papua new guinean nationality and use his Indonesian passport to enter Indonesia. Another example is Maria Lumawa who was later captured and had Dutch Nationality. Eddy Tansil has Chinese nationality.

This is another example of how the Indonesian fraudsters could escape from the law while keep preserving their wealth.

It does not require a genius to do it in Indonesia. All it takes is courage, money, a network, and certainly forgetting about ethics. Move your wealth / assets before they get confiscated and then run away to another country, acquiring another nationality. If it happened in Uncle Sam or other developed countries, they would assign people to chase you even if you ran to the North Pole. The only place to hide is in the grave..

These two people who escaped to Cambodia and were granted a Cambodian Nationalities are the masterminds behind a Bogus Trading/Investment Ponzi Pyramid Scam in Indonesia.

Wanted Indonesian Businessmen Have Cambodian Citizenship - Kamnotra

Two Indonesian businesspersons who are wanted for alleged online fraud and have been missing since March were given Cambodian citizenship months before they went missing, according to the Royal Gazette.

kamnotra.io

Only the most naive people would think that no inside parties tipped them off to move their wealth and escape before they got arrested. Even if all of their wealth / assets are confiscated, the victims will be very lucky if the confiscated assets could cover 10% of the liabilities, like many in the previous fraud / corruption cases.