Posts Tagged The Right of Land
Illegal Occupancy of Land from the Criminal Perspective
Posted by admin in Right of Land, Summary of Regulations on February 28, 2011
The illegal occupancy of land is not a new event in Indonesia. The terms illegal occupancy can be interpreted as the act or condition of holding, possessing of rights or assets illegally, such as occupying a land or house, which is not belong to him, illegally (which is forbidden by law). The illegal occupancy of land is an unlawfully act that can be classified as a criminal offense. As we know, the prices of land are very stable and continue to rise along with the times. The illegal occupancy of land can be harming everyone, especially if the land is used for the business purpose. There are many cases that happened on the illegal occupancy of land, such as (i) physical occupancy of land, (ii) cultivation of land, (iii) sale of land, and so on.
Illegal Occupancy of Land from the Criminal Perspective
Article 2 of Law Number 51 PRP of 1960 on Prohibition to Using the Land without Obtaining the Permission from the Owner of the Land or the Authorized Person (the “Law No 51 PRP/1960”) stated that the utilization of land without obtaining the permission from the owner of the land or the authorized person of the land, shall be construed as the prohibited act, and shall be penalized of imprisonment for the maximum time of 3 (three) months, or a fine with the maximum amount of Rp. 5,000 (five thousand Rupiah), as stated in Article 6 of Law No 51 PRP/1960. Read the rest of this entry »
Transfer of Rights of Land as a Result of Auction
Posted by admin in Right of Land on December 17, 2010
Background
Based on Government Regulation Number 24 of 1997 on Registration of Land, the transfer of right of land can be conducted by some means which are (i) sale and purchase (jual-beli), (ii) inheritance (warisan), (iii) testament (wasiat), (iv) grant (hibah), and (v) auction (lelang). The procedure for the registration of transfer of right of land as the result of auction is different with the other means. Auction means every public sale of goods by verbal and/or written to the highest bidder
Transfer of Right of Land through Auction
By its characteristic, auction can be divided into two types, i.e. (i) execution auction, and (ii) non-execution auction. Execution auction means an auction that is related to court decision, mortgage rights (hak tanggungan), tax seizure (sita pajak), seizure held by District Attorney (Kejaksaan) or Investigator (Penyidik), and seizure held by Affairs Committee of State Receivable (Panitia Urusan Piutang Negara). Auction of non-execution means an auction of the assets owned by State Central Government Agency (Instansi Pemerintahan Pusat) or Regional Government Agency (Instansi Pemerintahan Daerah), State Owned Enterprise (Badan Usaha Milik Negara) or Regional Owned Enterprise (Badan Usaha Milik Daerah), and voluntary auction that is related to the right of land, or right to own of condominium unit that owned by individual or legal entity.
In practice, on the execution auction there may be a problem in relation to the refusal from the executee to submit the original certificate of right of land which will be auctioned. However, that refusal will not stop the auction. In the event that certificate has not been delivered to the auction buyer, then the evidence for the registration of land is the statement letter (surat keterangan) from the Head of Auction Office (Kepala Kantor Lelang), elaborating the reason why the certificate cannot be given to the auction buyer. If the land has not been registered yet, the evidence for the registration of land is the statement letter from Village Head/Sub-District, stating on the control of land and statement letter about the land.
Auction Procedure and Registration of Land through Auction
The transfer of rights of land as the result of auction can only be registered to the National Land Agency if it is evidenced by the Minutes of Auction (Risalah Lelang). Within 7 (seven) days before the auction, the Head of Auction Office (Kepala Kantor Lelang) has the obligation to request the information on the physical data, and juridical data (data yuridis) as mentioned in the Map of Registration (Peta Pendaftaran), and list of land (daftar tanah). Within 5 (five) days after receiving the application, the National Land Agency will provide the land information to avoid the unclear public auction, and to make the Auction Official (Pejabat Lelang) has the basis to conduct the land auction.
The registration application of transfer of right of land acquired through the auction can be submitted by the auction buyer to the Head of Land Office by attaching the following documents:
- Minutes of Auction (Risalah Lelang).
- Certificate of right of land or condominium, if the right of land that will be auctioned has been registered.
- Statement Letter from the Head of Auction Office (Kepala Kantor Lelang) elaborating the reason why the certificate cannot be given to the auction buyer.
- If the land has not been registered yet, the auction buyer shall attach (i) deed of title, (surat bukti hak) such as written evidences related to the right of land, witness statement, and/or statement letter in relation to the land ownership which will be assessed by Committee of Adjudication (Panitia Adjudikasi)/Head of Land Office (Kepala Kantor Tanah), or Statement Letter from the Head of Village/Sub-District (Kepala Desa/Kecamatan) on right of land, and (ii) statement letter stating the land has not been certificated from the Land Office.
- Identity of auction buyer.
- The receipt of payment.
- Receipt of Acquisition Duty of Right of Land and Building (Bea Perolehan Hak atas Tanah dan Bangunan).
- Receipt of Income Tax (Pajak Penghasilan).
By registering the right of land through the Land Office, the auction buyer will be registered as the owner of land which has been auctioned previously.
Ivor Pasaribu, SH
Incoming search terms:
- letter of land transfer
- letter of transfer of rights
- transfer testaments
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.
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