Realestate Law – Management of Land in Coastal Areas and Small Islands

small islandBackground

On 21 March 2016, Minister of Agrarian and Spatial Layout/Head of National Land Agency has issued the Minister of Agrarian and Spatial Layout/Head of National Land Agency Regulation No. 17 of 2016 on the Management of Land in Coastal Areas and Small Islands (“Permen ATR 17/2016”).

Management of Land in Coastal Area

Management of Land in Coastal Area is implemented by granting the right of land over:

  • coast; and
  • coastal waters measured from shoreline to the ocean as far as sea limit of province’s area.

Granting of right of land on the coast, can be given only for building that must be existed over the coastal area, with the boundary plot determined through the projection of corner points  of building’s tops that is marked with boundary sign.

Those buildings are as follows:

  1. building used for defense and security;
  2. port or quayside;
  3. lifeguard tower for the safety of beach visitor;
  4. customary law community houses or community member who has lived in the area for generations;
  5. electrical power plant.

Granting of land rights on the coastal water can only be given to any building that must be existed in coastal area, with the following requirements:

  1. country’s strategic program;
  2. public interest;
  3. floating residential for customary law communities; and/or

In addition to the requirements concerning the granting of right of land in accordance with the laws and regulation, grant of right of land in coastal area should fulfill the requirements as follows:

  1. Its designation is in accordance with the spatial layout planning for province area/regency/city, or zoning plan of coastal area;
  2. Obtains the recommendation from provincial/regency/city if the urban planning designation has not been determined;
  3. fulfill the licensing requirements from the relevant authority.

Furthermore, for the members and/or customary law communities who lives in the coastal area for generations, a right of land can be granted without meeting the requirements as mentioned above.

Coastal areas are unable to be granted with right of land, in case of:

  1. building located outside of the sea limit of province;
  2. exploration installation and/or exploitation for natural oil, gas, mining, and geothermal;
  3. underwater wire installation, pipeline, and transmission network; and/or
  4. floating buildings.

Management of Land in Small Islands

Small islands can be granted with right of land. Provisions about subject of rights, type of rights, time period, transfer, encumbrance, obligations and prohibitions also abolition of rights on land in small islands are implemented based on the prevailing regulations. Usage and utilization of land are recorded in book of land and certificate. Grant of right of land in small island shall meet the following conditions as follows:

  1. control by the rights of land receiver over small islands at most 70% (seventy percent) from the island wide scale, or based on the provincial/regency/city spatial layout plan and/or zoning plan for those small islands;
  2. at least 30% (thirty percent) remains of the small island wide scale are controlled by the state and used and utilized for protected area, public area or public interest; and
  3. shall allocate 30% (thirty percent) of the island wide scale for protected area.

If necessary for the national interest, the government can control and wholly utilize small island and if there are no control over the land yet then the control is prioritized for the government.

National interests means among others:

  1. defense and security;
  2. state sovereignty;
  3. economic growth;
  4. social and culture
  5. function and environmental support;
  6. preservation of world heritage; and/or
  7. national strategic program

Control and ownership of land in small island are not allowed to close public access. Public means  as follows:

  1. Individual’s or group of people’s access for shelter, refuge, survive, seeking help in shipping;
  2. Individual’s or group of people’s access with official permission to conduct related activities on education, research, conservation and preservation.

Land office performs monitoring and controlling on right of land against right of land issued based on this regulation. Monitoring and controlling are performed regularly every 1 (one) year, since the issuance of right of land. Then land office reports the result of the monitoring and controlling to the Minister of Agrarian and Spatial Layout through regional office of the national land agency.

Reclamation Land

For the reclamation land that includes sea coast artificial, artificial banks of river, artificial banks of lake, and artificial island, can be granted for right of land with the conditions as follows:

  1. fulfills the requirement for the permission from government and local government;
  2. completed with environment documents from the relevant government institutions;
  3. usage and utilization are based on the directives designation in province/regency/city spatial layout plan or zoning plans of coastal areas and small islands;
  4. maintains the continuity of life and livelihood of fishermen and communities;
  5. maintains the stability of utilization interests and the environment conservation interest of coastal and small islands; and
  6. fulfills the technical requirements to dredging and backfilling material.

Emerged Land

Emerged land is a land which is directly controlled by the state, including land emerged on coastal sea, riverbank, banks of lake, and island.

Emerged land with maximum area 100m2 (one hundred square meter) is owned by the land owner which directly conterminous with that emerged land. For the emerged land that have area more than 100 m2 can be granted for land rights with the following conditions:

  1. control and ownership of emerged land must be recommended by the Ministry of Agrarian and Spatial Layout/Head of the National Land Agency;
  2. usage and utilization based on the directives designation in provincial/regency/city spatial layout plan or zoning plans of coastal areas and small islands.
  • If you need any assistance regarding Management of Land in Coastal Areas and Small Islands, please contact us at query@lekslawyer.com

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