Indonesia Real Estate Law – Form and Content of Certificate of Right of Land

Certificate landBackground

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 Form and Content of Certificate of Right of Land (“Permen ATR No. 7/2016”), Minister of Agrarian Affairs and Spatial Layout/Head of the National Land (“Minister”) regulates the form and content of certificate of right of land in accordance with Computerized System of Land Activity (“KKP”). This regulation revokes provision  governing the form and content of Certificate as set forth under the Regulation of Minister of Agrarian Affairs and Spatial Layout/Head of the National Land Number 3 of 1997 on the Provision of Implementation of Government Regulation Number 24 on 1997 on Land Registration.

KKP System

KKP is the main application used in supporting the implementation of jurisdiction, role/function of Minister of Agrarian Affairs and Spatial Layout/Head of the National Land  using the basis of Information Technology and Communication,  built/developed with regards to the flows, terms, time, and fee and jurisdiction in accordance with prevailing regulations.

As land registration system, KKP uses electronic system in the form of systemized application, integrated and can be used with or without network, as well as be directly synchronized automatically. If there are exceptional circumstances that hamper KKP system such as, internet disruption, black out, system down, or the Land Office has not able to apply KKP system, thus, land registration can be proceeded manually without using KKP system.  Nevertheless, after the KKP system re-functionalized, the manual services should be registered to KKP system immediately. If the land office is unable to perform KKP system, then, manual registration can be done after receiving permission from the Minister.

Regulation on Form and Content of Certificate

Certificate of right of land is given for the interest of right owner or land manager. Permen ATR No. 7/2015 regulates the provision of the form and criteria of certificate of right of land. The certificate of right of land is printed on 1 (one) sheet of paper according to information obtained from physical and juridical data. The example of form and size of certificate sheet can be seen on the Permen ATR No. 7/2016 attachment.

Information in the certificate should consist of:

  1. name of owner, for an individual, it should also consist owner’s photograph;
  2. type of right of land;
  3. land area identification number;
  4. citizenship number/ identification number;
  5. the end date of right of land;
  6. quotation of map registration;
  7. date of issuance; and
  8. legalization.

Quotation of map registration is validated spatial data from land area and consist of at least the information on geometry, area, and land location.

If there is any additional information besides information above, such as notes, notes of another right, responsibility or limitation, thus the certificate should also contain such additional information. For wakaf land certificate, in the  information section of land right owner should contain nadzir and wakif information. For  certificate of right of ownership over condominium unit, the certificate should consist information of the condominium unit, title of division image and common land. The certificate of right of ownership over condominium unit should be printed according to the number of the all owners. The certificate also contains name of common right holder including portion of common right.

On Mortgage Right certificate, besides information above, certificate should also consist information as regulated in prevailing law on Mortgage Right.

The Implementation of Permen ATR No. 7/2016

The changes of form and content of certificate from the previous existing format held by land owners using the newest formas set out under the provisions of Permen ATR No. 7/2016 will be done simultaneously according to the readiness of the land office. Not long than 2(two) years after Permen ATR No. 7/2016 is effective, the land office is obliged to accept application of change on form of certificate. Certificate using form, content, and previous format, prior to the applicability of Permen ATR No. 7/2016 is still valid. Any certificate form (blanko) that is still available in land office, before the applicability of Permen ATR No. 7/2016, may be used until its supplies are over.

 If you require further information, please feel free to contact us at query@lekslawyer.com

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Indonesia Real Estate Law – Form and Content of Certificate of Right of Land
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