The Breaking, Separation, and Merging of Land

Background

The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land Registration ("GR No. 24/1997") and the Agrarian State Minister Regulation/Head of National Land Agency Number 3 of 1997 on the Implementation of Government Regulation Number 24 of 1997 on Land Registration ("Agrarian State Minister Regulation No. 3/1997").

I. The Breaking of Land Field

The breaking of land field is regulated in Article 48 of GR No. 24/1997 and Article 133 of Agrarian State Minister Regulation No. 3/1997.

GR No. 24/1997 and Agrarian State Minister Regulation No. 3/1997 do not mention the exact meaning of breaking of land. However, under the provision in the Article 48 paragraph (1) of GR No. 24/1997, it can be concluded that the breaking of land is the breaking of one land which has been registered into some area of land as requested by the right holder.

The Requirements for Breaking of Land, as follows:

  1. Shall be in accordance with the applicable spatial plan and shall not cause non implementation of the law and regulation.
  2. For its registration, each land is granted a new right number and created a measurement letter, a book of land and a new certificate, as a substitute of the previous right number, measurement letter, land book, and certificate. The previous measurement letter, book of land, and certificate of land right is not longer valid.
  3. If the land right concerned is encumbered by mortgage, and/or other registered encumbrance, the breaking of land is implemented after obtaining the written approval from mortgage holder or other parties who is authorized to approve the removal of the encumbrance.
  4. In implementating the breaking of land, as long as it is related to agricultural land, it shall note the provision of minimum limit in accordance with prevailing laws and regulation.
  5. The application of the breaking of land that has been registered, is filed by the right holder or their proxy with the statement of breaking interest and attaching the following:
  6. Certificate of right of land concerned;
  7. The applicant identity;
  8. Written approval of mortgage holder, if the land right concerned is encumbered through mortgage.

The Legal Consequence of the Breaking of Land Field

The legal consequence of breaking of land is each part of land is a new unit of area of land with the equal legal status to the previous area of land.

II. The Separation of Land

The separation of land is regulated in the Article 49 of GR No.24/1997 and Article 134 of Agrarian State Minister Regulation No. 3/1997.

GR No. 24/1997 and Agrarian State Minister Regulation No. 3/1997 do not mention the exact meaning of separation of land. However, under the provision in the Article 49 paragraph (1) of GR No. 24/1997, it can be concluded that separation of land is the separation of one land that has been registered into a part or some parts as requested by the right holder.

The Requirements for Separation of Land Field, as follows:

1. For the registration, it is granted a right number and created its measurement letter, book of land and a separate certificate.

2. On the registration map, land register, measurement letter, book of land and certificate of land is recorded a note on separation of land.

3. The record of mortgage and other encumbrance that exists on the master book of land and master certificate of land, is recorded on a separate book of land and certificate of land.

4. The attachments that should be made in the separation of land are:

a. The master certificate of land right,

b. The applicant identity,

c. The written approval from mortgage holder, if the right of land is encumbered by mortgage.

d. A written power of attorney if the application is not filed by the right holder.

The Legal Consequence of Separation of Land

1. The equality of legal status between area of land or areas of land that are separated from its master area of land.

2. In the matter of separation of vast area of land, which is taken a part of their land to become a new unit of new area of land, the master area of land is still existed and its identity does not change, except for its width and limit.

III. The Merging of Land

The merging of land is regulated in the Article 50 of GR No. 24/1997 and Article 135 of Agrarian State Minister Regulation No. 3/1997.

GR No. 24/1997 and Agrarian State Minister Regulation No. 3/1997 do not mention the exact meaning of merging of land. However, under the provision in the Article 50 paragraph (1) of GR No. 24/1997, it can be concluded that the merging of land is the merging of two or more land that has been registered and its located is adjacent, and all of them is for and on behalf of the same owner, so that it becomes a new unit as requested by the right holder.

The Requirements for Merger of Land, as follows:

1. All of land unit are owned by the same owner and has the same term.

2. For the registration, it is granted the right number and created the new measurement letter, book of land, and certificate.

3. The registration is performed with statement that the measurement letter, book of land, and certificate of land that has been merged is no longer valid.

4. Creating the new measurement letter, book of land and new certificate for merged land.

5. The attachments that must be made in the merging of land are:

a. The certificates of land  that will be merged,

b. The applicant identity.

6. May be performed if there is no record of mortgage or other encumbrance over the right of land that will be merged.

Legal Consequence of Merging of Land

The legal consequence of merging of land is the equatlity of legal status of the land as a result of merger with the status of merged land.

 

Alsha Alexandra Kartika

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The Breaking, Separation, and Merging of Land
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