Provisions Concerning The Procedure For Granting Land Rights Indonesia
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Autor: admin Date: August 27th, 2010 Tags: property land, property laws |
Summary regulation Indonesian minister of land and property No. 5 Year 1973. About provisions concerning the procedure for granting Indonesia land rights.
Regulation of the Minister of the Land and property this set of procedures for granting land rights. The types of land rights is the Right of Property, Business Use Rights, Right to Build, Use Right and Right Management, in accordance with the Minister of Home Affairs Regulation No. 6 Year 1972 About the Delegation of Authority Granting Rights to Land.
PROPERTY RIGHTS
Property rights are rights to the land of the strongest and fullest that can belong to persons or entities, as mentioned in Article 20 of Law No. 5 Year 1960 About the Basic Regulation of Agrarian. Property rights can be given to:
1. Indonesian citizens;
2. Statutory bodies established by governments such as are appointed by the Government Regulation Number 79 Year 1958, namely:
a. Banks established by the State;
b. Agricultural cooperative associations established under the Law Number 79 Year 1958 (State Gazette of the Republic of Indonesia Year 1958 Number 139);
c. Religious bodies and social agencies designated by
Minister of Home Affairs after hearing and consideration of the Minister of Religious Affairs Minister of Social Affairs.
If on the farm, it is necessary to note the provisions contained in Law Number 56 Prp. Jis 1960. Government Regulation Number 224 Year 1961 and Government Regulation No. 41 Year 1964.
APPLICATION PROCEDURES FOR PROPERTY
Procedure for application for land by the State Property Rights, as follows:
1. Petitioner filed a request for Property Rights to the authorities through the Regional Head of Regent Mayor cq Head of Sub Directorate of Agrarian District or Municipality concerned in writing.
2. The request must include, among others, as follows:
a. Applicant:
1) If the applicant is an individual, should include information such as name, age, nationality, residence, and occupation and the number of wives and children are still dependents. If he had a wife, also mentioned information about her husband.
2) If the applicant is a legal entity, shall contain the name, place of, the act or the rules of establishment, date and serial number of the Decree of the Minister of the Land and property about the appointment as legal entities are allowed to have land with Hak Milik (self owning).
b. The soil contains about:
1) Location, area, and its boundaries.
2) Status of land.
3) Type of soil
4) the land has been or has not mastered the applicant. Where has dominated earlier, on what basis he obtained or master.
5) Utilization.
c. Misc:
1) Attach details regarding the legal status, location, and the evidence from the lands which have been owned by the applicant including those owned by a husband or wife and their children are still dependents.
2) Other Information as may be necessary.
3) The petition mentioned above must be accompanied by:
a) Regarding the self-petitioner:
(1) Individuals.
(Second) law of agency.
b) With respect to land.
c) The derivative of the letters is evidence of the acquisition of rights of succession on land ownership by the applicant.
3. After receiving the request, then the Head of Sub Directorate of Agrarian District or Municipality:
a. Management Section Chief ordered the respective rights, to:
1) records in the list of Ownership Application.
2) Checking the completeness of the particulars that have been attached.
b. Summon the applicant to:
1) Completing an incomplete description.
2) Pay to the Head of Sub Directorate of Administrative Subdivision
Agrarian costs required to complete the appropriate application details submitted.
c. Ordered sections of Land Registration, Land Use and Management of Land Rights in order to complete the necessary ingredients to make a decision on the request, among other things:
1) Land Registration Certificate if not already there.
2) Figure situation or measurement certificate if not already there.
3) Consideration of the allotment of land is eligible land use, land use plan of the areas concerned.
4) Consideration of other agencies associated with the land being applied for.
d. If there is still lack of attachment to take a decision, then the Head of Sub Directorate of Agrarian District or Municipality together with the sub district head, village chief and representatives from other agencies to conduct local examinations.
e. Send file requests to the Governor’s Regional Head of Directorate Head cq Provincial Agrarian its discretion.
f. Delivering a copy of such consideration to the Minister of Home Affairs through the Directorate General of Agrarian Affairs and to the applicant.
g. Ordered to Land Rights Section Chief Preparing to record the delivery of the file.
h. Entered into with the applicant regarding the calculation of the required fee.
4. After receiving a request from the head of Property Rights Sub-Directorate of Agrarian district or municipality, the chief ordered the Provincial Agricultural Directorate Head of Sub Directorate of Land Management’s Rights to convene:
a. recording in a special book.
b. Research the completeness of the required particulars.
5. If all information is complete and there is no objection to grant the petition, while there is authority to decide on the Provincial Governor, the Chief Directorate on behalf of agrarian province concerned Provincial Governor immediately issued a decree granting of Ownership of the land and recorded in a special register .
6. In addition to special conditions tailored to the circumstances and the allotment of land, hence the decision letter granting these rights also include general conditions, among others:
a. Payment of revenue to the State and the money donated to the Foundation fund land reform.
b. Property rights must be registered with the Office of Sub-Directorate of Agrarian District or Municipality concerned cq Land Registration section and pays the registration fee.
c. Countries free themselves from the accountability of the things that happened as a result of these property rights.
d. Negligence in the fulfillment of those payments that has been mentioned above is specifically stated in the decree granting rights could be the reason for the cancellation of such entitlements.
e. Recipients of property to choose domicile at the Office of Sub-Directorate of Agrarian District or Municipality concerned.
7. If the authority to give a decision on the petition Property Rights exists in the Provincial Governor, but the terms are not met, then the request is canceled. Head of the Directorate of Agrarian on behalf of Governor or Head of the Region issued a denial letter along with his reasons and delivered directly to the applicant, the agencies within the Department of the Land and property.
Applicant may file a written appeal against the rejection letter to the Minister of the Land and property, through the copies to the Provincial Governor cq Head of Provincial Agricultural Directorate and the Regional Head of the Regent or Mayor cq Head of Sub Directorate of Agrarian district or municipality concerned.
Provincial Governor or the Chief Directorate of Provincial Agrarian convey the appeal to the Minister of the Land and property cq Consideration of the Directorate General of Agrarian accompanied with a copy to the mayor or the mayor of the Regional Head cq Head of Sub Directorate of Agrarian concerned.
8. If the authority to give a decision on the petition Property Rights exists in the Ministry of the Land and property, the Provincial Governor or the Chief Directorate of Provincial Agrarian convey the appeal to the Minister of the Land and property cq Consideration of the Directorate General of Agrarian accompanied with a copy to the mayor or the mayor of the Regional Head cq Head of Sub Directorate of Agrarian concerned.
After receiving the request, the Minister of the Land and property cq Director General of Directorate of Agrarian instructed the Head of Land Management’s Rights to convene:
a. recording in a special book.
b. Checking the completeness of the required particulars.
If all the necessary particulars have been complete, then the Minister of the Land and property cq Director General of Agrarian Affairs issued a decree granting of the land being applied for or reject the request concerned.
9. After receiving the decision letter and the Provincial Governor or the Minister of Home Affairs about the granting of such rights, then the Head of Sub Directorate of Agrarian District Municipality concerned or notify the applicant, in order to fulfill all obligations specified in the decision letter.
10. After the requirements have been met, then registered in the books and issued certificates of land rights.
11. Land Registration Section Chief and Head of Sub Directorate of Agrarian Affairs on behalf of the Regent or Mayor Head of the Region signed a book published a copy of the land and the land book and measurement certificate (certificate).
12. Head of Sub Directorate of Agrarian District or Municipal cq Section Head of the relevant Land Registry:
a. Certificate receives those rights and submits to the recipient of such rights.
b. Inform the date and number of books or certificates of land in question to:
1) Preparing the Section Head of Sub Directorate of Land Rights.
2) The Provincial Governor c.q. Head of Provincial Agricultural Directorate.
3) The Minister of Home Affairs c.q. Director General of Agrarian Affairs.
Description:
The provisions above shall not apply to:
1. Granting property rights to the Trans migrants and their families.
2. Granting property rights in the framework of the implementation of land reform.
3. Granting property rights to land use rights of former gogolan fixed.
4. Granting property rights over land conversion in the former residency of Surakarta.
5. Affirmations Property Rights.
RIGHTS FOR BUSINESS
Lease rights are rights to till the land directly controlled by the State within a certain time frame that is used for corporate purposes of agriculture, fisheries, or farm as intended in Article 28 of Law No. 5 Year 1960 About the Basic Regulation of Agrarian. Lease rights can be granted on state land with an area of not less than 5 (five) hectares, to:
1. Legal entities established under Indonesian law and domiciled in Indonesia.
2. Indonesian citizens, if the acreage does not exceed 25 (twenty five) hectares.
APPLICATION PROCEDURES FOR MINORITY BUSINESS
Procedure for application for land right, as follows:
1. Petitioner filed a petition in writing to the official who is authorized by the Head of the Directorate of Agrarian Province concerned, with copies to the Regional Head Regents cq Head of Sub Directorate of Agrarian concerned.
If the land is situated within the territory of more than one district, then a copy of that application must be submitted to each Regent Regional cq Head of Sub Directorate of Agrarian concerned.
2. Regarding the completeness of particulars in accordance with the completeness of the information applies in proprietary applications and with additional details, as follows:
a. about bonafides and liquidity.
b. Plan short-term land concessions and long term.
c. Expert who is available.
d. Recommendations from the agencies that are considered necessary.
3. After receiving the request for land right file, then the completion procedure applies also request appropriate land right application procedures for settlement of Property Rights.
4. Land Registration Section or Sub-Directorate of Land Registration makes the picture the situation of the land in question is used as consideration by the Vetting Committee for Land.
5. If all the requirements for granting the petition have been fully Lease Rights, Head of Provincial Agricultural Directorate in conjunction with other agencies which is a Land Inspection Committee for the Rights to conduct a local business on the land being applied for.
13. If all information is complete and there is no objection to grant the petition, while there is authority to decide on the Provincial Governor, immediately issued a decree granting land right on the land and recorded in special lists.
14. General conditions in the granting of Land Ownership Rights also apply to the award of lease.
15. If the authority to give a decision regarding the request for land right there on the Provincial Governor, but the terms are not met, then the request is canceled and the provisions of the settlement request Property rights apply also to the completion of the application and registration of land right.
RIGHTS FOR BUILDING
Hak Guna Bangunan is the right to till the land held directly by the State within a certain time frame that is used for corporate purposes of agriculture, fisheries, or livestock as defined in Article 28 of Law No. 5 Year 1960 About the Basic Regulation of Agrarian. HGB can be granted on state land with an area of not less than 5 (five) hectares, to:
1. Legal entities established under Indonesian law and domiciled in Indonesia;
2. Indonesian citizens, if the acreage does not exceed 25 (twenty five) hectares.
APPLICATION PROCEDURES FOR BUILDING RIGHTS
Procedures for granting the petition HGB, HGB petition settlement and apply for registration in accordance with the procedures for granting Property Rights, but does not apply to the Building Use Rights arising out of Act No. 3 Prp. Regulation 1960 and the Presidium of the Cabinet of the Republic of Indonesia Number 5/Prk/1965.
RIGHT MIX
Use rights are the rights to use and / or collect the results from the ground state, which gives authority and obligations specified in the decision delivered by authorized officers, as in Article 41 of Law No. 5 Year 1960 About the Basic Regulation of Agrarian. State Land Use Right may be granted to:
1. Indonesian citizens;
2. Foreigners domiciled in Indonesia;
3. Legal entities established under Indonesian law and domiciled in Indonesia;
4. Foreign legal entities that have a representative in Indonesia.
APPLICATION PROCEDURES FOR THE RIGHT MIX
Procedures for granting the petition Right to Use, the completion of the petition Right to Use and apply for registration in accordance with the procedures for granting Property Rights.
MANAGEMENT RIGHTS
Management rights are rights on state land as contemplated in Regulation of the Minister of Agrarian No. 5 Year 1965 which authorizes the holder to:
1. Plan designation and use of land concerned;
2. Using the land for the purposes of performing its duties;
3. Submitting the parts of the land to a third party with a maturity of Use Right 6 (six) years;
4. Receiving money income and / or money required annually.
Management rights can be given to:
1. Departments and department-bureau of the Government;
2. Statutory bodies appointed by the Government.
APPLICATION PROCEDURES FOR RIGHTS MANAGEMENT
Application procedures for granting rights Management, Rights Management and the completion of the application for registration in accordance with applicable procedures for granting Property Rights.
Description:
Application for extension of completion period and the renewal of the lease rights, the Land Right, Right Management and the State Land Use Right in accordance with applicable procedures for granting Property Rights.
Source from: Law and Procedure for Granting Rights to Land in Republic of Indonesia
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