Posts Tagged The Objects Over a Land
Revocation of Lands Rights
Posted by admin in Right of Land on August 1, 2011
In order to implement the provision of the granting of rights of land in accordance with Law Number 5 of 1960 on Agrarian Principle Regulation (“Law No.5/1960”) and Government Regulation Number 40 of 1996 on Right to Cultivate, Right to Build and Right of Use of Land, the procedure of the revocation of such land rights must also be regulated, which is already set forth in Regulation of Agrarian State Minister/Head of National Land Agency Number 9 of 1999 on Procedure of Granting And Revocation of Rights of State Land and Right of Management (“Regulation”).
Revocation of Rights of Land
Point 1 letter 14 of Regulation states that revocation of land rights means the revocation of the decree of the granting of land rights or land rights certificate (“Granting Decree”) due to the administrative legal error in the issuance of such Granting Decree or in order to implement the court decision which has obtained the permanent legal power. Read the rest of this entry »
Summary of Government Regulation Number 39 of 1973 on Judicial Procedure of Indemnity Determination by the High Court Related to the Revocation of the Right of Land and the Objects Over a Land.
Posted by admin in Summary of Regulations on August 2, 2010
This government regulation regulates a legal action by the parties who are related to the revocation of the right of land and the objects over a land. The parties are able to appeal to high court according to indemnity decision which is not suitable, within 1 (one)month from the date of the Presidential Decree which is regulated on Law Number 20 of 1961 on the Revocation of the Right of Land and the Objects Over a Land.
The parties are able to appeal by written or verbal notification to the Clerk of the High Court . If the appeal is verbal, the Clerk will make note of the appeal. The Clerk receives the appeal letter with the legal costs which is determined by the Chief of the High Court. If the applicant cannot pay the legal costs, the applicant could be released from the legal cost based on the consideration by theChief of the High Court. Within a month after the Clerk of the High Court receives the appeal, the High Court shall examine and make a decision in the shortest possible time. The High Court can also hear all parties who are directly involved with the implementation of such revocationbut The High Court could give the process of hearing directly to the local District Court where the land is and the objects are located.
Then, within a period of 1 (one)\ month, the High Court will notify its decision to the parties concerned and published it on the State Gazette of the Republic of Indonesia. The High Court also imposes all costs including the legal costs to the applicant’s appeal or to the concerned parties by the High Court consideration.







