Noisy neighbors<\/p>\n
Manfred Weber, an expat, asked for guidance in the matter of
\nthe law applicable to the nightly disturbance he sustained from
\nconstruction work next door to his house (The Jakarta Post, Oct.
\n18). I really feel sorry about the noise disturbing his night's
\nrest. I give him the following advice, hoping it will help.<\/p>\n
I assume a yellow sign is posted in front of the construction
\nsite showing that the proper building permit has been given by
\nthe authority in charge of construction. In that case, the
\nconstruction is legal.<\/p>\n
In regard to the noise, the following private and public laws
\napply:.<\/p>\n
Article 570 of the Civil Code restricts the free enjoyment of
\nproperty rights in the sense that it must not be utilized in
\ndefiance of the public law and that it will not disturb the
\nrights of others.<\/p>\n
The prohibition of the disturbance is set down in Article 503
\nof the Penal Code. Detention and fine are imputed to anyone who
\ncreates noise or turbulence to a neighbor, disturbing their
\nnight's rest.<\/p>\n
Another public law is in force, which is the Disturbance Act
\nof 13 June 1926, but this usually applies to establishments of
\nindustrial estates. Twenty establishments, including factories
\nproducing dangerous chemicals or products are listed. They
\nrequire permits. Rental car establishments and shops in permanent
\nbuildings are included in the list. The general rule of the
\nDisturbance Act is that a permit is required for any
\nestablishment which may cause danger, damage or disturbance.<\/p>\n
Since Weber rents his house, it is true that the owner or
\nrenter is not obliged to warrant the tenant against hindrances
\naffecting his enjoyment by virtue of facts caused by third
\nparties, but this does not exclude the right of the tenant to
\nbring a claim, if he wishes to do so of his own choice, Article
\n1556, Civil Code.<\/p>\n
Article 1550 of the Civil Code further provides that the
\nrenter is obliged to allow the tenant to have peaceful enjoyment
\nof house as long as the rent (or lease) continues.<\/p>\n
I would suggest Weber ask the renter to go with him to meet
\nthe neighborhood chief (Indonesian: Ketua RT\/RW) and lodge the
\ncomplaint in regard to the nightly disturbance that is prohibited
\nby law as described above.<\/p>\n
In my experience, although the disturbance was of a different
\nkind, the remedy resorted to by lodging the complaint to the
\nneighborhood or community chief, rather than to the official
\nauthorities, turned out to be satisfactory, without any expenses
\nbeing incurred.<\/p>\n
The neighborhood chief summoned the disturber and a meeting
\nwas held jointly with the complainer. The dispute was then
\npeacefully solved by means of the Indonesian musyawarah, meaning
\nmutual consultation and consent. In such a case, the authority of
\nthe neighborhood chief acting as a kind of arbitrator definitely
\nplays a determinant role.<\/p>\n
I hope my advice is helpful to Weber so that he can continue
\nto enjoy his stay in Indonesia, which former U.S. President
\nRichard Nixon called \"a beautiful country\".<\/p>\n
SAM SUHAEDI<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/noisy-neighbors-1447899208", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }