This article discusses Indonesia’s 2024 land policy reform, focusing on ulayat land rights, two groups of customary communities, land registration on right of management and right of ownership, as well as ulayat land register.
INTRODUCTION The sale and purchase of property is a fundamental legal relationship in society. The significance of this transaction lies in protecting the rights of consumers and sellers, as well as ensuring legal certainty provided by the state. Every transaction...
Introduction The concept of Rechtsverwerking is a declaration that the person no longer wants to exercise the rights he/she has. A statement can be given expressly or tacitly. If the act of rechtsverwerking is given expressly, people are more likely to call it the...
INTRODUCTION Government policy in spatial planning has a profound effect on the public. Spatial planning policy specifically zoning regulation will profoundly affect the public, especially the owner of rights over land. Law No. 26 of 2007 on Spatial Planning Law as...
Learning Point Even though in the customary law does not recognize the concept of expiration, however if the best time to claim is passed, then it gives legal presumption that rights (which may be owned) have been relinquished (rechtsverwerking). Case Summary The...
Learning Point Even though buildings without a Building Permit ("IMB") have been purchased by the buyer, and the buyer then apply a building permit for the building, the building still violates the law. The act of the Mayor rejecting the Plaintiff's application to...
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...
Learning Point: A piece of land which clearly certificated cannot be sold or purchased indifferently using girik letter, but should be based on the land certificate. Certificate of land according to law is authentic and infalliable evidence on its ownership. Girik...