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