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Land Registration Regulation post Job Creation Law

By September 24, 2021 No Comments

In 2020, the government promulgated Law No. 11 of 2020 on Job Creation (“Job Creation Law“). For the Job Creation Law to be effective, the government sets many implementing regulations. One of them is Government Regulation No. 18 of 2021 on Right of Management, Land Right, Condominium Unit and Land Registration (“GR No. 18/2021″).

For further provisions regarding land registration contained in PP No. 18/2021, the government enacted the Regulation of the Minister of Agrarian affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2021 on the Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 on the Implementation Provisions of Government Regulation No. 24 of 1997 on Land Registration (“Permen ATR/BPN No. 16/2021″).

Permen ATR/BPN No. 16/2021 regulates some changes from Permen ATR/BPN No. 3/1997. In terms of defined term, the changes contained in Permen ATR/BPN No. 16/2021 are changes in the use of the phrase Head of the Land Measurement and Registration Section to (a) Head of the Survey and Mapping Section as far as it relates to the physical field; or (b) the Head of the Section on Right and Registration as far as it relates to the juridical field.

Then, the implementation of land registration is interpreted to be done electronically if it is regulated in the Minister Regulation. In addition, the location permit issued before the enactment of this Ministerial Regulation is interpreted with the Conformity of Space Utilization Activity, of which license remains valid for as long as the period has not expired.

Furthermore, some other changes stipulated in Permen ATR/BPN No. 16/2021 are as follows:

Boundary Marker Installation

Regarding the installation of boundary marker, there are several additional provisions, namely that the installation of boundary marker is carried out by the applicant after obtaining the approval of the bordering owner by photograph shot over the attached boundary marker equipped with location information, coordinate or geotagging. The installation of the boundary marker is set forth in the letter of the installation of the bordering marker and the approval of the bordering owner whose manufacture is made in accordance with the format in appendix I of Permen ATR/BPN No. 16/2021.

The installation of boundary marker and their maintenance are the responsibility of the applicant. Then, the setting of the boundary is carried out by the measuring officer on condition that:

  1. the measuring officer reads the letter of installation of boundary marker and consent of the bordering owner in the presence of the applicant or interested party; and
  2. the applicant indicates the boundary of the requested land plot.

In the case of the upper ground space and/or underground space, the determination of the boundary is carried out by the measurement officer based on the appointment of the developer in accordance with the physical boundary of the building that has been built and verified against the model of 3 (three) dimensions of the constructed building.

Land Identification Number (NIB)

Under the Permen ATR/BPN No. 16/2021, the number of NIB is changed to 14 digits consisting of:

  1. The first 2-digits are provincial codes;
  2. The next 2-digit is the district/city codes;
  3. The next 9-digit is the land plot number; and
  4. The last 1-digit is the code of the land plot on the surface, in the upper ground space, in the underground space, the unit of the condominium or the right over the surface space, the right over the upper ground space and the right over the underground space.

Principle of Measurement of Land Plot

Under the Permen ATR/BPN No. 16/2021, there is an additional provision regulating that the basic principal measurement of the upper ground and/or underground must fulfill the technical rules of measurement and mapping 3 (three) dimensions. Furthermore, regarding the boundary of upper ground space boundary and underground space identified on a 3 (three) dimensional map must be verified in the field.

The measurement of that land plot is tied to the basic point of national technic, the nearest Continuously Operating Reference Station and/or other details that exist and are easily identified in the field and on the map.

Measurement Drawing

Based on Permen ATR/BPN No. 16/2021, Measurement Drawing can be created in the form of electronic document. The Measurement Drawing is made in the format as stated in Appendix II of the Permen ATR/BPN No. 16/2021. Then, the measurement of land plot can utilize information and communication technology that considers across aspects of space and time and digital interactive communication such as Augmented Reality/Virtual Reality (AR/VR) technology, video call/audio communication applications visual or other technologies.

Sporadic Land Registration Activity

In the determination of the granting of land right, the creation of a map of land plot measurement under the authority of the regional office or ministry is equipped with thematic element. Then, changes and/or cancellations of the land map can be made based on:

  1. recommendation of the land inspection committee;
  2. request from landowner and/or objection from the bordering parties, which are followed up by the setting of boundary and re-measurement;
  3. minutes of the result of technical study and procedures for measurement and mapping of determined fields or other technical study from the Head of Land Office, Head of Regional Office, director in charge of measurement and mapping of cadastral or director in charge of the determination of right or appointed official; and
  4. settlement of dispute over the ownership and ownership of the concerned land plot.

Then, Permen ATR/BPN No. 16/2021 removes the stipulation on land registration maps.

Improvement on Registration Map

Permen ATR/BPN No.16/2021 adds to the stipulation on the improvement of registration map, measurement drawing and measuring data. These improvements can be made based on:

  1. land inspection results;
  2. revision/improvement of the quality of land data;
  3. application of the right holder or the parties concerned;
  4. resolution of dispute and/or conflict; and
  5. The final and binding court’s decision.

Merging, Separation or Division of Registered Land Plot

Permen ATR/BPN No. 16/2021 stipulates that the merging, separation or division of registered land plot, will be re-bordered and re-measured if:

  1. there is a change in the boundary of the land plot; or
  2. request from the interested party.

Then, the registered land plot that but not yet mapped must be mapped. For the registered land plot that has not been precisely mapped, must be re-mapped (re-plotting).

Implementation of Land Registration Measurement and Mapping for the First Time

Permen ATR/BPN No. 16/2021 regulates additional provisions regarding the implementation of measurement and mapping land registration for the first time. This activity is carried out through:

  1. systematic land registration;
  2. sporadic land registration.

Application for Land Measurement

Permen ATR/BPN No. 16/2021, adds to the provisions regarding the application for land measurement, namely the application for measurement for object that become cases in court and/or execution of court’s decision.

In the event that the land becomes the object of a case in court, measurement are taken at the request of the judge who examines the case to ascertain the location and land boundary of the object of the lawsuit being contested. Meanwhile, if measurement is carried out in the framework of the execution of the court’s decision, the application is submitted by the court’s clerk to ascertain the location and boundary of the land.

Request for land measurement to ensure the location and land boundary of the object of the lawsuit is submitted with (a) an official copy of the letter from the court at the request of the judge examining the case; and (b) the identity of the applicant.

As for the application for measurement made in the framework of the execution of   the court’s decision is submitted with (a) an official copy of the court’s decision that has obtained permanent legal force; and (b) the identity of the applicant.

The cost of measurement in the event that the land becomes the object of the case is charged to the plaintiff in accordance with the provisions of the laws and regulations. Meanwhile, if the measurement is in the framework of the execution of the court’s decision, the fee is charged to the winner of the case in accordance with the provisions of the laws and regulations.

Proof of Ownership Instrument

Permen ATR/BPN No. 16/2021, adds to the provisions regarding written evidence of customary land owned by individuals. Such evidence can be in the form of petuk Bumi Tax/Landrente, girik, pipil, kekitir, Verponding Indonesia and other former customary property right with other names or terms declared invalid after 5 (five) years since GR No. 18/2021.

When the period has expired, then (a) the written evidence of customary land cannot be used as a means of proof of land right and only as a reference in the framework of land registration; and (b) the status of the land remains the land of the former customary property. Then, land registration is carried out by a mechanism of recognition of right.

Task of Measuring Officer

Permen ATR/BPN No. 16/2021 changed the task of the measuring officer to be more detailed, namely:

  1. make preparations by creating a working map, conducting a review, risk analysis and mitigation plan on the land plot to be measured against the potential problems posed, including boundary disputes, overlap and other problems;
  2. coordination with relevant parties in order to minimize potential problems caused;
  3. establish the boundary of the land plot based on the boundary marker installation statement and approval of the bordering party;
  4. assisting in the resolution of disputes regarding land boundary as outlined in the minutes of boundary dispute resolution;
  5. carrying out measurement and mapping of land plot;
  6. create a measurement drawing and map of land plot and/or event news; and
  7. ensure the measured plot has been mapped on the registration map in the computerized application of land activity, and when necessary make arrangements and improvements on the registration map.

Then, against the implementation of the task of Committee A in the registration of sporadic land is carried out in accordance with the provisions of the laws and regulations.

Furthermore, the provisions regarding what committee A can do to assess the truthfulness of the applicant’s statements and the testimony of witnesses, are removed.

Announcement of Physical Data and Juridical Data and their Endorsement

There is a time cut for those interested in objecting to physical data and juridical data about the land plot requested for registration, from previously 60 days, to 30 days.

Then, in addition to being announced at the Land Office and the Office of the Village/Village Head, the announcement can be seen on the website provided by the Ministry of Agrarian affairs and Spatial Planning/National Land Agency.

Bookkeeping of Right

Recording of the boundary and obligation of the right recipient in the bookkeeping of right can be done based on the decision granting right or the decision to affirm the conversion/recognition of right.

Changes in Physical Data

Permen ATR/BPN No. 16/2021 adds provisions regarding changes in juridical data, namely the transfer of right due to merger, consolidation or separation of companies or cooperatives in accordance with the provisions of the laws and regulations.

Preparation of the Formation of Deed

Before carrying out the formation of a deed regarding the transfer or burden of land right or right of ownership over condominium unit, the Land Deed Official shall:

  1. ensure the conformity of physical data and juridical data in the certificate with electronic data in the database through electronic land information services; and
  2. ensure and belief that the physical object of the land plot to be transferred and/or pledged with the right not tunder a dispute.

Permission of Right Transfer

Permen ATR/BPN No. 16/2021 stipulates that the transfer permit is no longer required if:

  1. transfer of right carried out in the framework of the implementation of the Conformity of Space Utilization Activity;
  2. marketing of the result of the development of land plot of master right to build or right of use by housing development companies, industrial estates or other similar developments;
  3. transfer of right due to auction; or
  4. in the framework of land procurement for development for the public interest, national strategic projects and special economic areas.

Land Right Transfer

Permen ATR/BPN No. 16/2021 stipulates that the transfer of land right for agricultural land then before a deed of right transfer is made, prospective recipients of right must make a statement stating:

  1. that the concerned party, by the transfer of such right does not become the holder of land right exceeding the provisions of the maximum land area possession in accordance with the provisions of the laws and regulations;
  2. that the concerned party, by the transfer of such right does not become a land right holder that is absent (guntai) in accordance with the provisions of the laws and regulations;
  3. that the concerned party realizes that if the statement as referred to in letter a and letter b is incorrect then the excess land or absentee land becomes a land reform object;
  4. that the concerned party is willing to bear all legal consequences, if the statement referred to in letter a and letter b is incorrect.

Registration of Right Transfer due to Transfer of Right

In the case of land right or right of ownership over condominium unit is pledged with mortgage right then the registration of that transfer of right must attach the following:

  1. written consent letter from the holder of mortgage right and known by the the recipient of right; and/or
  2. debt recognition agreement letter.

Transfer of Right due to Inheritance

The provisions regarding letter proof as heirs were changed by Permen ATR/BPN No. 16/2021, to become:

  1. a will of the testator;
  2. court’s decision;
  3. determination of the judge/chairman of the court;
  4. heir’s letter made by the heirs witnessed by 2 (two) witnesses and known by the village head and sub district’s head at the domicile of the testator at the time of his/her death;
  5. deed of information on the inheritance right from a Notary who is domiciled in the testator’s residence at the time of his/her death; or
  6. inheritance information letter from the Heritage Hall.

Transfer of Right Due to Merger, Consolidation, or Separation of Company or Cooperative

Permen ATR/BPN No. 16/2021 removes the provisions regarding land right that has not been registered for documents that need to be completed in the transfer of right due to merger, consolidation, or separation of the company or cooperative.

Registration of Mortgage Right

There is a change to the submission of the deed of the granting of mortgage right. Previously, the submission of documents to the land office were done physically, now it is done electronically by uploading the required documents including:

  1. identity of the grantor and holder of mortgage right;
  2. Deed of of granting of mortgage right;
  3. The original certificate of land right or Right of ownership over condominium unit which becomes the object of mortgage right; and
  4. Power of attorney to grant a mortgage right, when the granting of mortgage right is done through a power of attorney.

Registration of mortgage right is carried out by the Land Office by registering the mortgage right concerned by issuing the certificate of mortgage right electronically no later than 7 calendar days after the required documents for the registration of mortgage right are declared eligible.

Electronic registration of mortgage right is carried out in accordance with the provisions of the laws and regulations regarding the services of an electronically integrated mortgage right.

Then another provision regarding the registration of mortgage right stipulated in Permen ATR/BPN No. 3/1997, was removed.

Mortgage Right Transfer Registration

Permen ATR/BPN No. 16/2021 stipulates, for the registration of the transfer of mortgage right, no identity of the applicant and or written power of attorney is required if the registration applicant is submitted by another party.

Changes in Land Registration Data based on a Court’s Decision or Judgment

The Head of the Land Office records a land right or right of ownership over condominium unit that becomes the object of a dispute in the court if the Ministry of Agrarian affairs and Spatial Planning/ National Land Agency/Regional Office / Land Office is a party in the dispute or at the request of interested parties by submitting a copy of the claim.

If the judge examining the case orders the status quo of the concerned land right or right of ownership over condominium unit then by the order of the judge, that application is recorded to the Land Office.

Records of land right or right of ownership over condominium unit that becomes the object of dispute in court and records of status quo order on land right or right of ownership over condominium unit is notified to the applicant which contains:

  1. record of dispute;
  2. period of validity of record;
  3. follow-up of land registration service after the period of recording of the dispute.

Confiscation of Land Right or Right of Ownership over Condominium Unit in the Framework of Criminal Investigation

Permen ATR/BPN No. 16/2021, complements the regulation on the required matters to be attached in the framework of the criminal seizure by the investigator, namely:

  1. a confiscation warrant signed by the investigator;
  2. license of the chairman of the respective district court; and/or
  3. other conditions in accordance with the provisions of the laws and regulations.

The recording of the confiscation is valid for a maximum of 60 (sixty) calendar days since the recording of the confiscation

If the PPAT makes a deed based on the conditional sale and purchase agreement made before a Notary with a domicile that is not in accordance with the location of the agreed land, the PPAT must examine the completeness of the document by applying the prudent principle to protect the actual owner and reduce conflicts in the land sector.

Interested parties can apply for the recording of a conditional sale and purchase agreement or a lease agreement on registered land at the Land Office.

Issuance of Replacement Certificate

In the framework of issuing a replacement certificate, if a change of the boundary of the land plot is found resulting a change in the shape and/or location of the land plot boundary then the determination of the boundary and re-measurement are conducted on condition that the right number is not changed. If the land plot boundary does not change and the boundary marker is not installed/lost, then a measurement can be conducted by returning the boundary if the data contained in the Measurement Drawing is in accordance with the original condition.

Book of Land

Permen ATR/BPN No. 16/2021 adds to the regulation on the land book of right of ownership over condominium unit for foreigner that is constructed over the right to build. That arrangement is in the column of land book’s record is filled with a sentence “ownership of this condominium unit does not include the joint land”. That record will be deleted if the ownership of the condominium unit is transferred to other than a foreigner.

Storage Media

There are new provisions regarding the date and document storage, namely in electronic form. The storage in electronic form is stored in the Land Office’s database.

Information about Land

There is a change regarding the form of land information services, previously it was through a land registration information letter, changed into through electronic land information service.

This Permen ATR/BPN No. No. 16/2021 is expected to provide clarity for the implementation of the land registration provisions contained under the PP No. 18/2021.

Infographic regarding Signing of the Deed of Granting Mortgage Right

 

Infographic regarding Measurement of Land Plot for Object that is a Case in Court and/or Execution of Court Ruling

 

Alya Batrisiya