Learning Point Land that has been pledged more than 7 years must be returned to the Pledgor as the landowner without having to pay a ransom, while the Pledgee who has possession for more than 7 years must pay compensation to the landowner. Case Summary Plaintiff’s...
One of the stages in the land procurement for development of public interest is the issuance of location determination by the Governor or Regent/Mayor if they receive delegation from the Governor. The location determination is used as a permit for land procurement,...
Background Land procurement for the public interest development (“Land Procurement”) is an activity with an objective to acquire the land rights which will be allocated for public utilities, by giving the compensation to the land owner. The determination of...
Background On 9 August 2017, Minister of Agrarian Affairs and Spatial Planning/head of the National Land Agency issued the Ministerial regulation of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of Republic Indonesia Number 13 of 2017 on...
Background Minister of Agrarian and Spatial/Head of National Land Agency issued the regulation concerning the settlement of land case i.e. Minister of Agrarian and Spatial/Head of National Land Agency Regulation No. 11 of 2016 on the Settlement of Land Case (“Permen...
The stipulation about Apartement is regulated under Law Number 20 of 2011 concerning Condominium (“Condominium Law”). Under Article 1 of Condominium Law, Condominium is a highrise building which is built in an environment divided into parts and being structured...
Definition of adjudication based on Article 1 point 8 of Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997″) is “activity which is performed in the process of land registration for the first time, including collection and determination of the fact of the physical data and juridical data concerning one or more objects of land registration for the purposes of its registration”. Adjudication of land registration activities are special procedures performed for granting legal status of parts of land to the actual owner.
On the implementation of systematic land registration, which is generally in large-scale and massive, then to implement it, the Head of the Land Office is assisted by the Adjudication Committee that was formed specifically for that by the Minister or appointed officer, and thus the routine duties of the land office are not disrupted. In performing its duties, the Adjudication Committee is assisted by units of juridical and administrative tasks, units of collection of juridical data and units of administrative task where their duties, the composition, and the activity are regulated by the Minister.
Essentially, adjudication duties are investigation task to examine and seek for true formal evidence, that is juridical initial data which is owned by holder of land rights, and justification task, that makes determination and ratification of evidence which is already examined.
Even though, the actual duty of adjudication is actually a task of judicial institution that is to give a decision or judgment., but in the land registration, the adjudication duty is given to the government as an executive.
The adjudication of land registration activities, if managed seriously will support the acceleration of land registration and to ensure the legal certainty.
Sofie Widyana P.
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.
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...