Category Archives: Agrarian

Control of Possession of Agriculture Land

Background On 22 April 2016, the Government of Republic of Indonesia enacted Minister of Agrarian and Spatial Planning/Head of National Land Agency No. 18 of 2016 (“Regulation No. 18/2016”). The Regulation No. 18/2016 is issued with a background that the provisions of limitation of agriculture land possession as set out in Article 17 of Law…
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Period of Power of Attorney to Charge Mortgage

Background On 22 December 2017, Minister of Agrarian and Spatial Plan/Head of National Land Agency enacted the Minister Regulation No. 22 of 2017 on the Period Assessment of Using Power of Attorney to Charge Mortgage For Securing the Settlement of Particular Debt (“Permen 22/2017”) Permen 22/2017 revokes the regulation of Minister of Agrarian and Spatial…
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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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