Legal Aspects and Procedures on the Rights of Land Management

Toll road, Shizuoka Prefecture, JapanTillage is set in the legislation. Area of ​​land, those who manage and use of land have been set in the legislation. The following is a land management or HPL rights set out in the legislation:

  1. Law Number 21 Year 1997 regarding the Tax on the acquisition of land and building (BPHTB law)
  2. Government Regulation No. 40 Year 1996 on leasehold, Broking and Right of Use of Land (PP 40/1996)
  3. Regulation of the Minister of Agriculture No. 9 of 1965 on the Implementation of the Conversion on the Right Control over State Land and further provisions regarding Policy (MR No. 9/1965)
  4. Understanding HPL According to MR No. 9/1999, understanding HPL is the right of a State to oversee the land and the portion of the land can be delegated to HPL holder. In Article 2, paragraph (3) letter f Law BPHTP already explained about the management right. according to the explanation in the article, the management right is a right for a country to give up some of the responsibilities to the concessionaires, such designation, planning and land use planning that involves the use of land for the purpose of carrying out and build a business, give up some of the land to third parties or cooperate with third parties.

Target of Land Management Rights

Targets included into the Rights of Land Management are agricultural land and non-agricultural land.

Subjects related to Land Management Rights

According to the explanation on Article 67 MR No. 9/1999, the following are parties to accept HPL:

  1. Government agencies and Local Government
  2. State-owned enterprises
  3. Owned District
  4. limited liability company
  5. Authority
  6. Other legal entity that has been designated by the Government.

Phase Formation of Land Management Rights

Rights of Land Management can be formed in two ways, as follows:

Doing the right to set the conversion process as described in MR No. 9/1965. Certificate of land is granted by the state through a petition as described in MR No. 9/1999.

Privileges of the Subject associated with Right Stewardship

Article 6 of the MR No 9/1965 has explained that the holder of HPL can have authority as follows:

  1. Make a plan related to the use and allocation of land
  2. Using land for implementing the benefit of duty
  3. Provide part of the land to third parties with the right of land use within 6 years
  4. Receiving compensation or income or money every year

Granting Process and Filing of Land Management Rights

How to file a petition HPL already described in chapter 70 of the MR No. 9/1999 which states that the applicant may submit a written letter to the Minister of Agriculture through the Head of the Land Office. The decision to grant or deny the request HPL will be sent by registered mail or by other means so that the decision can be up to the applicant.

HPL Duration

HPL does not have a specific period of time for an unlimited period of ownership HPL.

Granting Of Land as Part of HPL

Based on PP 40/1996, HPL can be charged with other rights such as the Right of Use (HP), and the rights of Building (HGB). Such right is also granted by the minister and proposed by the holder of HPL.

Inez Karina Worotikan

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Legal Aspects and Procedures on the Rights of Land Management
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