Official Proposal

Government to Government or Corporate to Government under the Indonesian Law of Hibah (GIFT) with a clause that the Desa-Adat Kuta (village council) on completion would manage and maintain the site keeping it a grassroots community-based initiative.

What is Hibah Law –

Simply means “gift”. A Muslim may immediately give away anything that he owns (or any amount thereof) to another person or to another party (for example a charitable organisation) by immediately transferring both the legal title to and possession of the subject of the gift to the receiver of the gift (called the “donee”).
Alternatively, the person making the gift (called “the donor”) can execute a document (usually a “Deed of Gift”) to declare the gift to donee. In this situation, the legal title to and possession of the subject of the gift may not immediately pass to the donee.

Rezoning of Land and ownership–

On completion of the purchase the land would be rezoned under the law to public use and ownership transferred to the Balinese Government (Bupati of Bandung Regency) once approved by the Government gifting the funds required to purchase the site.

Fact –

The former BPP Association failed on so many levels due to not following the required protocols and laws within Indonesia. With proper legal representation and engaging law firm with a strong understanding of land Acquisitions for Public-interest Development.

The following law was implemented to overcome difficult land acquisitions and negotiations in 2012 –

In 2012, Indonesia’s House of Representative (Dewan Perwakilan Rakyat / “ DPR ”) enacted Law No. 2 of 2012 on Land Acquisition for Public-interest Development (“ Law 2/2012 ”) as a concerted attempt to overcome the problems related to land acquisition, including the issue of unrealistic landowner pricing expectations, by establishing a mechanism whereby compensation can be determined by an independent appraiser should the negotiations between the parties fail to produce an agreement.