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. 6 of 1977 on Registration Procedure of Waqf Land and (ii) requirements for registration of waqf land as set out in the Annex II Head of National Land Agency Regulation No. 1 of 2010 concerning Operational Standard and Land Regulation. These two regulations thus declared inoperative.
According to Article 3 of Decree No. 2/2017, there are several land status that can be filed for waqf land registration, such as right of ownership or unregistered customary land; right to cultivate, right to build and right to use over state land; right to build or right to use over right of management or right of ownership; right of ownership over condominium unit and state land.
The new decree extends the scope of land that can be used as waqf land.
The waqf land is changed into waqf goods since its day of pledge, thereafter a Nazhir shall submit the Deed of Waqf Pledge (“AIW”) and Substitute Deed of AIW (“APAIW”) to the Land Office no later than 30 (thirty) days after the signing of AIW and APAIW. This period is shorter than the period as set out in the Regulation of Minister of Home Affairs No. 6/1977, namely 3 (three) months.
Required documents to be submitted vary and subject to the status of the land to be registered, but in general there are several documents need to be submitted by a Nazhir, (i) application letter, (ii) AIW/APAIW, (iii) validation letter of Nazhir from an institution conducting religious affairs at sub-district level, and (iv) statement letter that the land to be registered is not in dispute, in seizure and not encumbered to other party. On the other hand, there are still several documents to be submitted, subject to the land status to be registered. If the land right that will be registered is the right of ownership land, Nazhir shall deliver the certificate of right of ownership and its measurement letter. Different status have different required documents, for instance, if the land to be submitted is the right to build/right to use over the right of management or right of ownership, aside from the general required documents set out above, measurement letter and certificate of right to build or right to use along with the permit of release letter from the owner who possesses the right of management or right of ownership shall be submitted too.
After the fulfillment of documents, the head of Land Office will then issue a certificate of waqf land under the name of Nazhir, thereafter recordin the book of land and land certificate that the land right has been removed based on AIW/APAIW, and a certificate of waqf land has been issued with information according to the registered land.
Sekar Djolanda Isnantyo
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