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Granting of Land Rights in General

By October 26, 2022 No Comments

Land rights organizations under the regulations are surely crucial to ensure legal certainty. The determination of the land rights has been decided by the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency on the Granting of Land Rights in General. Granting of land rights in general is the granting of rights to a plot of land to a party that meets the requirements which is carried out with 1 (one) decree of granting rights as referred to in Article 1 number 14 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 18 of 2021 on the Procedure for Determination of Right of Management and Land Right.

Based on the provisions of Article 2 paragraph (4) of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 18 of 2021 it is stipulated that the Minister issues a decision on the Granting of Land Rights in General. Then what are the ministerial decisions regarding the granting of land rights in general?

Granting of land rights in general includes:

  1. Granting of Ownership Rights for residential houses, shop houses and office houses originating from Right to Build or Right of Use;
  2. Granting of Ownership Rights for residential houses that have been purchased by civil servants from the government originating from the Right to Build or Right of Use;
  3. Granting of Right to Build or Right of Use originating from Right of Ownership ;
  4. Granting of Right to Build the Right of Use;
  5. Granting of Right of Use originating from Right to Build; and
  6. Granting of Right to Build or Right of Use originating from Right to Cultivate for business supporting facilities of Right to Cultivate.

What if the land rights holder has died?

If the holder of land rights has died, the land registration application can be submitted by his heirs accompanied by evidence as heirs and other required documents for granting the Right of Ownership at the same time with a change of name to the heirs.

What to do if you do not  have a permit document such as a Building Construction Permit, City Plan Permit, Building Approval or other similar building construction permit documents?

For residential houses, if the right holder does not have the permit document as referred to above, it can be replaced with a letter of information from the Village Head/Lurah explaining that the building erected on the land is used as a residence. Nevertheless, for shop houses and home offices, it is required to have a permit document attached by the person concerned, such as a Building Construction Permit or other similar documents.

Kania Vanesa Putri