Category Archives: Land

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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Extinguishment of Mortgage Rights Documents

Background Minister of Agrarian and Spatial Planning/Head of National Land Agency enacted the Minister Regulation No. 14 of 2017 regarding Procedures on Extinguishment of Mortgage Rights over the Land and Objects related to the Land Documents (“Minister Regulation No. 14/2017”), which came into force since 15 August 2017. Extinguishment of Mortgage Right Documents Document of…
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Registration of Land Right Transfer in the Event of Tax Amnesty

Background Minister of Agrarian and Spatial Affairs/Head of National Land Agency (“Minster of ATR”) issued Minister Regulation No. 15 of 2017 on Registration of Land Transfer in relation to Tax Amnesty (“PERMEN ATR No. 15/2017”) which became effective since 15 August 2017. This Permen ATR No 15/2017 is issued to improve the land services conducted…
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Provisions and Procedures on Determination of Right to Cultivate

Background On 3 May 2017, the Minister of Agrarian and Spatial Planning/Head of National Land Agency enacted the Minister Regulation No. 7 of 2017 on Provisions and Procedures on Determination of Right to Cultivate (“Minister Regulation No. 7/2017”). In its closing provisions, the Minister Regulation No. 7/2017 states that the other Minister of Agrarian regulations…
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Revocation of Cultivated Land in the Special Capital Region of Jakarta

One may hear many land disputes which involve evidences of cultivated land (tanah hak garap) as the legal basis to claim the land certificates in the court. The problem beomces more complicated when the government officers issuse a statement letter which confirms that a person is the cultivator of land. Some of cultivators sometimes won…
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Statement Letter on Former Customary Land

In the implementation of land registration, there are still many people that do not have complete evidences of land ownership. This condition causes difficulties in the land registration of former customary land (tanah bekas milik adat). Under Article 4 paragraph (1) of Minister of Agrarian/Head of National Land Agency Regulation No. 5 of 1999 on…
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