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Ministry of Agrarian Affairs and Spatial Planning enacted the Minister of Agrarian and Spatial Planning Regulation No. 30 of 2019 on Land Registration of Situ, Lake, Embung and Reservoir

By March 28, 2020 No Comments

Background

On 31 December 2019, the Ministry of Agrarian Affairs and Spatial Planning enacted the Minister of Agrarian and Spatial Planning Regulation No. 30 of 2019 on Land Registration of Situ, Lake, Embung and Reservoir (“Land Registration of SLER”) (Permenag No. 142/2019”).

Implementor of Land Registration of SLER

Application of Land Registration of SLER is conducted by government agency that has interest to possess that plot of the land, and the registration is held by the Land Office. Implementation of the Land Registration of SLER can be formed by work team which consists of supervision team and executing team.

Procedures of Land Registration of SLER

Land registration is conducted towards: (i) SLER which has land acquisition; and (ii) SLER which has not had the land acquisition. Submission of SLER land registration is conducted in accordance with prevailing laws and regulations namely Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997”) jo with Permenag No.3 / 1997 jo Permenag No 7/2019 on Provisions for Implementation of GR No. 24/1997. Furthermore, for submission of SLER land registration which has not had land acquisition it must be accompanied by the following documents:

Land registration is conducted towards: (i) SLER which has land acquisition; and (ii) SLER which has not had the land acquisition. Submission of SLER land registration is conducted in accordance with prevailing laws and regulations namely Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997”) jo with Permenag No.3 / 1997 jo Permenag No 7/2019 on Provisions for Implementation of GR No. 24/1997. Furthermore, for submission of SLER land registration which has not had land acquisition it must be accompanied by the following documents:

  1. application letter from the instance applying the registration, accompanied with the decision letter of delegation of authority to the appointed official;
  2. identity of the applicant or appointed official;
  3. statement letter of SDEW physical possession; and
  4. statement letter of absolute liability from the applicant.

Land Registration of SLER Activities

Land registration of SLER activities includes:

  1. SLER identification, is a process to determine SLER that can be registered in accordance with spatial and land aspects;
  2. Socialization, is the activity of providing information concerning land registration of SLER activities to the people;
  3. SLER boundary marking, this is done in accordance with prevailing laws and regulations;
  4. Submission of SLER land registration, which is accompanied by the completeness as referred to in the above procedure for land registration;
  5. Measurement and mapping are carried out in accordance with prevailing laws and regulations;
  6. Juridical data and physical plot of land data analysis, resulting a recommendation of settlement process of the land registration of SLER which consists of three categories:
    • category 1, plot of land of which physical data and juridical data fulfill the requirements for the issuance of certificates of land rights;
    • category 2, plot of land of which physical data and juridical data fulfill the requirements for the issuance of certificates of land rights but there are cases in court and / or dispute; and
    • category 3, plot of land of which physical data and / or juridical data cannot be recorded and issued with a certificate of land rights, since the subject and / or object of the rights has not fulfilled certain requirements.
  7. Issuance of analysis results, as set forth in the form of minutes from the analysis of physical data and juridical data with a map of the field map that has been measured in accordance with the prevailing laws and regulations;
  8. Stipulation of granting of the rights, conducted in accordance with prevailing laws and regulations that accompanied by restrictions and responsibilities for right holders to use the space in accordance with the spatial planning and / or zoning regulations;
  9. Bookkeeping and the issuance of certificates of land rights conducted in accordance with prevailing laws and regulations.

I Gusti Made Rajendra Nananjaya