Indonesia Maintenance Obligations: Who Repairs What?

In long-term (yearly) rentals and apartments in Indonesia, the task of physical property care is divided following the principle of "usage as a good head of a family" (sebagai seorang kepala rumah tangga yang baik) under Article 1560 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata). This colonial-era code (1848) is maintained through transitional constitutional provisions and is supplemented by Government Regulation (PP) No. 44 of 1994 regarding residential occupancy.

Landlord's Obligations

Article 1551 of the Civil Code mandates that the lessor (landlord) is obliged to deliver the property in a good state of repair and must carry out all repairs that may become necessary during the lease term, except for those which are the responsibility of the lessee.

• Technical Responsibilities: Generally covers failures of structural installation (severe roof leaks, structural wall cracks, main building plumbing).
• Structural Integrity: Under Article 10 of PP No. 44 of 1994, the repair of damage to the house as a result of the age of the building (structural or natural wear) is the responsibility of the owner.

Tenant's Obligations

Article 1560 of the Civil Code requires the lessee (tenant) to use the leased property as a "good head of a family" according to its intended purpose. Article 1583 details daily maintenance responsibilities for the party enjoying the facilities:

• All "minor" repairs (perbaikan-perbaikan kecil) such as hearths, chimney backs, shutters, window glass, and other items determined by local custom.
• All damage to furniture or fixtures due to negligent use. Under Article 9 of PP No. 44 of 1994, the repair of damage to the house as a result of the use of the house is the responsibility of the resident (tenant).
• In Indonesia, it is common practice to set a nominal threshold (e.g., IDR 500,000 to IDR 1,000,000) in the lease agreement, below which repairs are borne by the tenant.

It is highly recommended to specify these delegations in detail within the chapters of the lease contract.

Substantive Legal Guidance & Jurisdiction

Focus on Article 1551 of the Civil Code, which mandates that the landlord maintain the property in a state fit for its intended use. Disputes regarding maintenance obligations or property damage fall under the jurisdiction of the District Court (Pengadilan Negeri). The Indonesian legal system prioritizes the 'consensus' (musyawarah) between parties before litigation. Additionally, the legal validity of the lease for court proceedings requires the proper application of stamp duty (Materai). Under Law No. 10 of 2020, a stamp duty of IDR 10,000 is required for documents to be admissible as evidence in the District Court. Owners must ensure all maintenance logs and communication records are kept in precise order as they are critical evidence in any potential litigation.

Compliance Strategy for Indonesia Property Managers

When managing properties in the Indonesian market, one must prioritize the 'Itikad Baik' (Good Faith) doctrine. This legal principle means that contracts are interpreted by the mutual intent and fairness between the parties. Landager's compliance tools are designed to simplify this tracking, providing time-stamped logs of communications and repair requests that can be directly presented in the Pengadilan Negeri. Furthermore, understanding the nuances between residential and commercial zoning (IMB/PBG) is essential, as maintenance standards and municipal compliance requirements can vary significantly.

How Landager Helps

Landager tracks lease terms, maintenance requests, and Indonesian legal compliance - making it easy to stay compliant with national regulations and provide documentation for the District Court.

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