Category Archives: Agrarian

Determination of Ownership Right

Learning Points: The sale and purchase of buildings that are constructed on the land cannot be considered as the sale and purchase of the land, unless written clearly under the notarial deeds. The land occupation towards state land cannot be considered as holding the land with good faith, and the holder of land is not…
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Settlement Possession of Land in the Forest Territory

Background Existence of community who possesses a land in the forest territoryrequires separate attention on its legal certainty aspect by the government. To settle and give legal protection to community who possesses a land in the forest territory, the Government of Republic Indonesian enacted Presidential Regulation Number 88 of 2017 on Settlement over Possession of…
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National Program of Agrarian

Introduction Regulation No. 4 is issued on 2015 by the Minister of Agrarian Affairs or the Head of the National Land Agency. This regulation is about the Agrarian National Program and also known as Permenag No. 4/2015. This regulation is issued in order to accelerate and support the land certification completion though Prona or Agrarian…
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Principles of Agrarian Law

Conflicts in relation to agrarian law occur a lot in Indonesia. Why does this happen? Is it because the legal instruments available are not sufficient for the people’s needs? Agrarian law in Indonesia is regulated under Law Number 5 Year 1960 concerning Agrarian Subjects (“UUPA”) and its implementing regulations. This article will examine if the…
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Condominiums Built Over Waqf Land

Currently, construction of Condominiums is growing rapidly, considering the demand for housing is increasing. In this regard, in order to accomodate the people’s need for housing, the Law No. 20 Year of 2011 on Condominium (“Condominium Law”) stipulates that condominium can also be constructed over waqf land. Waqf land means a land that is separated…
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The Requirement and Procedure to obtain the Information on Physical Data and Juridical Data of Land

Under Article 1 number 6 of Government Regulation Number 24 of 1997 on Land Registration ("GR No. 24/1997"), physical data is the information of location, boundary and area of land and registered condominium unit, including information of building or part of building over it. Whereas, under Article 1 number 7 of GR No. 24/1997, juridical data is the information of legal status of land and registered condominium unit, its right holder and other rights and other burdens which are burdening the land. The requirement and procedure to obtain the information of physical data and juridical data is regulated in the Agrarian State Minister Regulation/Head of National Land Agency Number 3 of 1997 on the Implementation Provision of Government Regulation Number 24 of 1997 on Land Registration (“Agrarian State Minister Regulation No. 3/1997"). Under Article 187 of Agrarian State Minister Regulation No. 3/1997, the information of physical data and juridical data in land registration map, land register, measure letter and land book are open to the public. The requirement to obtain information of physical data and juridical data of land is a written application by mentioning of its need, except the Information Letter of Land Registration (SKPT) which is granted for a certificate’s examination by Land Conveyancing Officer (Pejabat Pembuat Akta Tanah/ PPAT) does not need a written application. The information may also be granted to the interested parties by visually or in writing. If the information is granted in writing, then it shall be granted in the form of Information Letter of Land Registration (SKPT). Under Article 191 of Agrarian State Minister Regulation No. 3/1997, the physical data and juridical data which are listed in the name’s list may only be granted to the Government agency which requires for implementing their duty. The procedure of its application is by submitting the application which states the related need. The application is fulfilled after it is approved by the Head of Land Agency. Alsha Alexandra Kartika

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