Category Archives: Right of Use

Procedures of Blockage and Seizure

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…
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Registration Procedure of Waqf Land

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.…
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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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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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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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Inheritance of the Right of Use

According to Article 41 of Law Number 5 of 1960 on the Principles Provisions of Agrarian (“Agrarian Law”) [Note: sy sudah ingatkan berkali2 untuk gunakan terms yang sama dengan yang sudah kita buat dan ada di web kita[, Right of Use means right to use and collect the production over State Land or land which is owned by private parties. As stipulated in Article 42 of Agrarian Law, Right of Use can be granted to: Indonesian citizens; foreigners domiciled in Indonesia; Indonesian companies established based on Indonesian law and domiciled in Indonesia; and foreign companies having its representative office in Indonesia. Assignment of Right of Use According to Article 54 paragraph (3) of Government Regulation Number 40 of 1996 on Right to Cultivate, Right to Build, and Right of Use Over Land (“Government Regulation 40”), it is stated that the Right of Use can be assigned by the following reasons: sale and purchase; exchange; capital participation; grant; inheritance. Further, the assignment shall be registered to the Land Office (kantor pertanahan). For the assignment of Right of Use as a result of inheritance, Article 54 paragraph (7) stipulates that the assignment shall be evidenced with the testament or heir information document (surat keterangan waris) which is issued by the competent authority. The Article 42 of Government Regulation Number 24 of 1997 on Land Registration (“Government Regulation 24”) has set out the required documents that must be provided by the heirs for land registration: land certificate; death information document (surat keterangan kematian) of the holder of Right of Use; heir information document (surat keterangan waris). Moreover, the elucidation of Article 42 of Government Regulation 24 stated that the transfer of right is occurred when the holder of Right of Use dies, which means the heir will become the new right holder. With regards to the party who has the right to become the heir, it will depend on the civil law that applies to the existing right holder.

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