Category Archives: Right of Use

Exclusion of Land for Construction of Low Income Community Housing to Obtain Location License

Under the Government Regulation No. 64 of 2016 on Construction of Low Income Communities Housing (“GR No. 64/2016”), the housing for low income communities (“LIC Housing”) shall be constructed not more than 5 hectares, and at least 0.5 hectare, provided that the location of LIC Housing is in accordance with the spatial plan. The GR…

Background On 9 August 2017, Minister of Agrarian Affairs and Spatial Planning/head of the National Land Agency issued the Ministerial regulation of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of Republic Indonesia Number 13 of 2017 on Blockage and Seizure Procedures (“Ministerial Agrarian Regulation 13/2017”). This Ministerial Agrarian Regulation 13/2017…

Exemption of 100% and Imposition of 0% on Acquisition Levy of Right of Land and Building

Acquisition Levy of Right of Land and Building (“BPHTB”) is a over legal act or event that results on an acquisition of right of land and/or building by person or legal entity. On 13 October 2016, the Governor of Special Capital City of Jakarta issued a Governor of Special Capital City of Jakarta Regulation Number…

The Minister of Agrarian and Spatial Planning/National Land Agency issued the Minister of Agrarian and Spatial Planning/National Land Agency Regulation No. 2 Year 2017 (“Regulation No. 2/2017”), which stipulates procedures for registering the waqf land. This Regulation No. 2/2017 became effective from 22 February 2017 and revoked (i) Regulation of Minister of Home Affairs No.…

Indonesia Real Estate Law – Exemption of License to Use and Develop Land in DKI Jakarta

Background Governor of Jakarta on 24 August 2016 issued a regulation on the exemption of license to use and develop land (“Pergub No. 166/1016”). The regulation will become effective as of 29 August 2016. Pergub No. 1 66/2016 replaces the old regulation No. 76 of 2008 (“Pergub No. 76/2008”), and is formulated to provide a…

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…

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…

Legal Aspects of the Right to Use and its Regulations

Based on Article 41 of Law Number 5 of 1960 on Basic Regulations on Agrarian Principles (“UUPA”), the definition of Right to Use is the right to use and/or to collect the product, from (i) land which directly controled by the State or (ii) land owned by other persons, which gives the rights and obligations…

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Category Archives: Right of Use

Exclusion of Land for Construction of Low Income Community Housing to Obtain Location License

Procedures of Blockage and Seizure

Exemption of 100% and Imposition of 0% on Acquisition Levy of Right of Land and Building

Registration Procedure of Waqf Land

Indonesia Real Estate Law – Exemption of License to Use and Develop Land in DKI Jakarta

Indonesia Real Estate Law – The Control of Farmland Possession

Authority to Grant the Land Right

Legal Aspects of the Right to Use and its Regulations

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