Background Land fire causes disasters and huge material and social losses towards community and the State. Looking back to the land fires in 2015, the land fires were also occurred on the right to cultivate or right of use type of land, which allegedly made by the...
Fiduciary Guarantee is defined as right over collateral on moving objects both tangible and intangible, particularly on building that cannot be encumbered by mortgage and remain in a possession of fiduciary provider as a collateral for the payment of certain debt...
Background In implementing the Government Regulation Number 24 of 2009 on Industrial Area (“GR No. 24/2009”), the Minister of Industry enacted Minister of Industry Regulation No. 05-M-IND/PER/2/2014 on Procedures for Granting a Business License for Industrial Area an...
Land acquisition is process of activity that conducts in order to acquire a land. This activity transfers the rights or delivers land relinquishment right through compensation to the beneficiary. The companies are able to conduct land acquisition in areas that...
The right of a land can be upgraded or downgraded. This can be done in accordance with the interest of the right’s holder of that particular land. A right of land is downgraded to fulfill the needs of the right of land’s holder which might not qualify to hold a...
Under Article 1 number 6 of Government Regulation Number 24 of 1997 on Land Registration (“GR No. 24/1997″), physical data is the information of location, boundary and area of land and registered condominium unit, including information of building or part of building over it.
Whereas, under Article 1 number 7 of GR No. 24/1997, juridical data is the information of legal status of land and registered condominium unit, its right holder and other rights and other burdens which are burdening the land.
The requirement and procedure to obtain the information of physical data and juridical data is regulated in the Agrarian State Minister Regulation/Head of National Land Agency Number 3 of 1997 on the Implementation Provision of Government Regulation Number 24 of 1997 on Land Registration (“Agrarian State Minister Regulation No. 3/1997”).
Under Article 187 of Agrarian State Minister Regulation No. 3/1997, the information of physical data and juridical data in land registration map, land register, measure letter and land book are open to the public. The requirement to obtain information of physical data and juridical data of land is a written application by mentioning of its need, except the Information Letter of Land Registration (SKPT) which is granted for a certificate’s examination by Land Conveyancing Officer (Pejabat Pembuat Akta Tanah/ PPAT) does not need a written application. The information may also be granted to the interested parties by visually or in writing. If the information is granted in writing, then it shall be granted in the form of Information Letter of Land Registration (SKPT).
Under Article 191 of Agrarian State Minister Regulation No. 3/1997, the physical data and juridical data which are listed in the name’s list may only be granted to the Government agency which requires for implementing their duty. The procedure of its application is by submitting the application which states the related need. The application is fulfilled after it is approved by the Head of Land Agency.
Alsha Alexandra Kartika
Background
Definition of land registration in Government Regulation Number 24 of 1997 on Land Registration (“GR 24/1997”) constitutes perfection of scope of the land registration based on Article 19 paragraph (2) of Law Number 5 of 1960 on the Principles Provision of Agrarian (“Agrarian Law”) which includes; measurement, mapping, land records, registration and transfer of right of land and granting of evidence instrument of right as strong evidence.
Further provisions of land registration activities are regulated in GR 24/1997, which include:
1. Land Registration for the First Time ( Opzet or Initial Registration)
Land registration for the first time is the activity of land registration for the object of land that has not been registered based on Government Regulation Number 10 of1961 (“GR 10/1961”) or GR 24/1997. Land registration for the first time is performed through land registration systematically and sporadically. Land registration systematically is defined as activity of land registration for the first time simultaneously including all object of land registration that has not been registered in area or part of area of a rural/village (Article 1 paragraph 10 GR 24/1997). While, land registration sporadically is land registration activity for the first time concerning one or some object of land registration in area or part of area of a rural/village (Article 1 point 11 GR 24/1997).
Land registration activities for the first time, include:
a. Collecting and processing of physical data
1. Preparation of base map registration;
2. Registration of land boundary areas;
3. Measurement and mapping of land areas and making registration map;
4. Preparation of land registers;
5. Preparation of letter of measurement;
b. Evidence of rights and its records, including:
1. evidence of new rights
2. evidence of old right
c. The maintenance of land registration data activities.
d. Presentation of the general register and document
e. Activity of land registration data maintenance.
2. Maintenance of Land Registration Data Activities (Bijhouding atau Maintenance)
This is the land registration activity to adjust the physical data and juridical data in maps of registration, land register, name register, letter of measurement register, land records, and certificate with the changes that happen later on (Article 1 point 12 of GR 24/1997).
Based on Article 36 of GR 24/1997, the maintenance of land registration data is performed if there is a change of physical data or juridical data of land registration object that has been registered. Physically data changes occured if there is segregation, separation, or merging of areas of land that have been registered. Juridical data changes occured for instance if there is an encumbrance or or transfer of right over of land areas that have been registered.
The relevant right holder shall register the change of physical data or juridical data to the Land Office and the district/local city to be recorded in the book of land.
Activity of maintenance of land registration data, includes:
a. Registration of transfer and imposition of rights.
1. Transfers of right through auction;
2. Transfer of right due to inheritance;
3. Transfer of right due to merger or
consolidation or merger of limited
liability companies or cooperative;
4. Imposition of right;
5. Rejection of registration transfer and
imposition of right.
b. Registration of change of other land registration data, including:
1. Extension of the period of right of land;
2. Segregation, separation, and merging
of area of land;
3. Distribution of joint right;
4. Abolishment of right of land and ownership rights of condominium units.
5. Transfer and abolishment of mortgage;
6. Changes of land registration data based
on judgment or court decision.
7. Changes of name
Sofie Widyana P.
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...