Noisy neighbors

Noisy neighbors

Manfred Weber, an expat, asked for guidance in the matter of
the law applicable to the nightly disturbance he sustained from
construction work next door to his house (The Jakarta Post, Oct.
18). I really feel sorry about the noise disturbing his night's
rest. I give him the following advice, hoping it will help.

I assume a yellow sign is posted in front of the construction
site showing that the proper building permit has been given by
the authority in charge of construction. In that case, the
construction is legal.

In regard to the noise, the following private and public laws
apply:.

Article 570 of the Civil Code restricts the free enjoyment of
property rights in the sense that it must not be utilized in
defiance of the public law and that it will not disturb the
rights of others.

The prohibition of the disturbance is set down in Article 503
of the Penal Code. Detention and fine are imputed to anyone who
creates noise or turbulence to a neighbor, disturbing their
night's rest.

Another public law is in force, which is the Disturbance Act
of 13 June 1926, but this usually applies to establishments of
industrial estates. Twenty establishments, including factories
producing dangerous chemicals or products are listed. They
require permits. Rental car establishments and shops in permanent
buildings are included in the list. The general rule of the
Disturbance Act is that a permit is required for any
establishment which may cause danger, damage or disturbance.

Since Weber rents his house, it is true that the owner or
renter is not obliged to warrant the tenant against hindrances
affecting his enjoyment by virtue of facts caused by third
parties, but this does not exclude the right of the tenant to
bring a claim, if he wishes to do so of his own choice, Article
1556, Civil Code.

Article 1550 of the Civil Code further provides that the
renter is obliged to allow the tenant to have peaceful enjoyment
of house as long as the rent (or lease) continues.

I would suggest Weber ask the renter to go with him to meet
the neighborhood chief (Indonesian: Ketua RT/RW) and lodge the
complaint in regard to the nightly disturbance that is prohibited
by law as described above.

In my experience, although the disturbance was of a different
kind, the remedy resorted to by lodging the complaint to the
neighborhood or community chief, rather than to the official
authorities, turned out to be satisfactory, without any expenses
being incurred.

The neighborhood chief summoned the disturber and a meeting
was held jointly with the complainer. The dispute was then
peacefully solved by means of the Indonesian musyawarah, meaning
mutual consultation and consent. In such a case, the authority of
the neighborhood chief acting as a kind of arbitrator definitely
plays a determinant role.

I hope my advice is helpful to Weber so that he can continue
to enjoy his stay in Indonesia, which former U.S. President
Richard Nixon called "a beautiful country".

SAM SUHAEDI

Jakarta