Category Archives: Right of Land

Real Estate Law – Coastal Border

Background On June 14 2016, Government of Republic of Indonesia issued the Presidential Regulation No. 51 of 2016 on Coastal Border (“Perpres No. 51/2016”). Perpres No. 51/2016 was promulgated to implement the provisions of Article 31 paragraph (3) of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands as amended…
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Real Estate Law – Jurisprudence : Legality Of Land Certificate and Girik Letter

Learning Point: A piece of land which clearly certificated cannot be sold or purchased indifferently using girik letter, but should be based on the land certificate. Certificate of land according to law is authentic and infalliable evidence on its ownership. Girik letter is an evidence to collect the tax. Civil legal dispute between PT Astra International…
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Indonesia Real Estate Law – The Control of Farmland Possession

Background Determination of maximum and minimum area of farmland previously regulated within Government Regulation in Lieu of Law Number 56 of 1960 regarding the Determination Area of Farmland (“Perpu 56/1960”). Perpu 56/1960 is designated as implementation provision for Article 17 Law Number 5 of 1960 regarding Basic Agrarian Principle. Furthermore, government has also issued Government…
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Indonesia Real Estate Law – Form and Content of Certificate of Right of Land

Background As part of the citizens’ primary needs, land holds important role for community life. In the process of acquiring certificate, the land registration process should be adjusted with legal development, technology and community needs. Through Regulation of Minister of Agraria Affairs and Spatial Layout/Head of the National Land Number 7 year 2016 regarding the…
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Authority to Grant the Land Right

Head of National Land Agency Regulation No. 2/2013 on Delegation of Authority to Grant the Land Right and Act of Land Registration (“Head of BPN Regulation 2/2013”) states that the grant of the land right is government decree that grants a right to the state land, including extension to the term of right and the…
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Upgrading the Right of Use of Land to the Right of Ownership

Article 20 of Act no. 5 year 1960 on Basic Regulations on Agrarian Principles (UUPA) states, “the right of ownership is hereditary right; the strongest and fullest right that a person can have on land with reference to Article 6.” This article is related to Article 6 of UUPA that requires all rights on land…
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