Acceleration of Process to Grant or Extend the Land Rights

View of old road to Gotthard Pass, Switzerland

Background

A Circular Letter Number 11/SE/VIII/2015 (Circular Letter No. 11/2015) associated with the acceleration of process to grant or extend the land rights are promulgated by the Minister of Agraria Affairs and Spatial Layout/Head of the National Land on August 3rd, 2015. This Circular Letter has intention and objectives which are to improve the land services and offer the legal assurance of permitting acceleration or extension of land rights. This legal assurance cover the lands either it belongs to asset of government/state-possessed enterprises/ provincial government-possessed enterprises, and the land which is possessed by the residents.




The statement of acceleration process for permitting or extending the land rights as stated in Circular Letter No.11/2014 has particular purpose to provide guidelines related with the implementation of land rights. The land which is considered to be in this law is either the one that does not come with issues or even the one that comes with dicey issue. Some problems which often become issue associated with land rights include the object or physical of the land or its juridical data.

Acceleration process concerning implementation on registration of land rights for the first time

When you want to register the land to get the rights for the first time, you commonly require following the acceleration process. The process  of obtaining the land rights often consists of:

  1. For the land which does not come out with any issue, whether it is related to its object or physical or juridical data, which means that its status is clean and clear. The land need to be processed and assured as soon as possible.
  2. Whenever any problematic issue met on the land, whether it is associated with its object or physical or juridical data, the implementation of land rights will be processed on the area where it does not contain issue. Meanwhile, the part of the land which is still problematic needs to be accomplished as soon as possible by those who have responsibility about the land. Besides, the official who offers the land services are needed to keenly provide facilitation in order to deal with the settlement land issues as stated; and
  3. If there is any complaint coming from third party or demand for blockage from third party, it should be solved grounded on the strong confirmations which directly associated with the land which is applied for registration.

Acceleration process concerning implementation for the extension of land rights

For those who want to get extension implementation of land rights need to consider these factors:

  1. If there is any complaint or exclusion coming from the third party who has responsibility associated with the extension of the rights, consequently the complaint does not exclude extension process of the associated rights; and
  2. Extension process regarding with land rights can only be stopped if there is a court decision that resulted on the existancepermanent legal power or known as inkracht van gewijsde that may hinder the extension process of getting the rights for the land.
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Acceleration of Process to Grant or Extend the Land Rights
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