AGRARIAN LAW SUMMARY AFTER UTS

Reminder:

The status of the subject determines the status of the land that can be controlled
Indonesian citizen BHI (Indonesian Legal Foreigner / BHA (Foreign
Entity) Legal Entity)
 Righ  Culti   Rig
t of ownership vation Rights ht of Use (Article 24)
 Cult   Buil  Ren
ivation Rights ding rights tal Rights (Article 45
 Buil  Righ UUPA)
ding rights t of Use

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  Righ  Ren
 
t of Use tal Rights
 Rent  Man
al Rights agement rights,
 Lien
  specifically legal
 Righ entities whose shares
t of Profit Sharing are owned by the state
 Re
     
nting Rights
LAND OWN PLAN

Things that must be considered:

1. Types of Land Use (Project)

Namely what is planned to be built or what will be built, for example housing,
air port or sea port and so on.
Project problems are closely related to location issues and Regional Spatial
Planning (RTRW).
Project type :
-           Individual needs
The rights granted to individuals are property rights.
If the land is for agriculture, there is a limit to the extent according to
Article 17 of the BAL, which is the implementing regulation of Law
No. 56 / Prp / 1960 concerning Land Reform.As for housing there are no
restrictions (Article 12 of Law 56 / Prp / 1960)
-           Company needs
For business purposes ownership rights are not granted, but can be granted
by:
o Right to Cultivate  35 years, can be extended by 25 years
o Right to Build  a period of 30 years, can be extended by 20
years
o Right to Use  25 years, can be extended by 20 years
o Management Rights (BUMN, BUMD)
-           Special Needs
o For government agencies  Departments, Bureau, Other
agencies in the city, Village head offices in the village  Rights to
Use (build offices for daily activities)
o For companies established by the State  for example Perum /
Persero, Perjan, Regional Companies, are also given Management
Rights (for example industrial estate, bonded ware house). Whereas

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 for State Plantation Companies, it is not with Management Rights
but with Business Use Rights.
o Religious equality  Right to Use, unlimited period of time
(Article 49 paragraph 2 of BAL)
o For representatives of foreign countries (embassies, homes of
representatives of foreign countries)  free use rights and unlimited
(= during use)
2. Available land status
remember that the status of the subject determines the status of the land, so the
way of transferring the land varies. Even in certain conditions, the state can
take the land by force.
Possible land status available:
-           State Land
-           Land of Individual Rights
o Already certified
o Former customary ownership rights that have not been certified
-           Land of Management Rights
-           Customary Land
What land is available?
 Physical aspects, consisting of:
o The location of the land which concerns jurisdictional issues
o The size of the land, in this case the right size should be
examined
o The boundaries of the land are to prevent conflicts with
adjacent land
 Juridical aspects, including:
o The status of the land, whether the land is state land or certain
private rights
o Subject status, who is the owner or holder of land rights
o The rights of third parties are burdensome
o Legal actions / legal events that have occurred
o Is there illegal control on it
Right Land Right Land Not Registered
Registered
Land rights Former land portion right Indonesia, among others,
certificate thatcontains former indigenous property rights, which is
juridical data and considered a sign of evidence (before BAL) is the
physical data on the form of evidence of tax embayaran p (petuk taxes)

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 land parcel include:
concerned. In the -           Taxes on "landrente" crops (for customary
certificate of land rights property rights in villages), are referred to as:
there are: o Girik (Jabar)
-    Copy of Land Book o Ketitir (Central Java, East Java)
(containing juridical o Pipil (Bali, NTB)
data) -           Indonesian Verponding
-    Measure Letter (for customary property rights in big cities)
(containing soil Proof of payment of the tax is now called proof of
physical data) payment for Land and Building Taxes.
   
 
UN: those who pay taxes are those who use land and buildings, not necessarily
owners. There is some state land that has a UN because there are people who
use it.
The tax proof is still accepted to register the land.
If you buy land with a land certificate, then you can verify it with the BPN
regarding the land, if you only use proof of tax payment, then no one will
verify it.
3. Response / Landlord Willingness
Possible Response / Attitude of Land Owners whose land will be taken over /
used by another party:
 Agree without any conditions
 Agree but there are certain conditions, for example:
o Amount of compensation
o Form of compensation
o Guaranteed payment
o Guaranteed business continuity
Disagree without any reason
 Opposing / over-reactive
Factors that determine the agreement as well as the potential to trigger land
disputes:
 Value and amount of compensation
 Land location
 Land boundaries
 Surface area
 Illegal occupation and physical control by non-owners
4. Location / Location of Land and Local RW

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 the land boundary is RT RT , so it depends on the local RT RW.
 
If you already have a certificate of land rights, then everything is 'wrong'  land
rights, as well as its environmental permit.
If there is a certificate, we can still be sued. It must be ascertained at the time of the
acquisition of land acquisition, 4 of the above are not problematic.

 
Regional Spatial Planning (RTRW)
Based on Article 14 of the LoGA: the authority of the regional government to make
the plan in the presence of decentralization. But there are still areas that do not have
spatial plans.
Which is better? The development plan precedes the Spatial Plan, or the Development
Plan follows a Spatial Plan?  Better Development Plans follow a Spatial Plan .
The advantage of the development plan precedes the RTRW: business is smoother,
but investors are easy to find land
The benefits of the development plan following the RTRW: investors find it difficult
to find land, but the area will be easier to develop.
Law Number 26 Year 2007:
-           Spatial planning is carried out to produce:
o the general spatial plan  is based on the approach of the
administrative area to the content of the substance including spatial
structure plans and spatial pattern plans
o detailed spatial plan  prepared based on the strategic value
approach of the area and / or regional activities with substance content
that can cover up to the designation of blocks and sub-blocks of
designation
Aim:
operationalization of general spatial plans
the basis for zoning regulations
Zoning Regulations: the provisions governing the requirements for
spatial use and its control provisions, are compiled for each designated
block / zone for zoning in a detailed spatial plan.
Detailed plans for district / city spatial planning and zoning regulations
that complement the detailed plan become one of the bases in
controlling spatial use so that spatial use can be carried out in
accordance with the general spatial plan and spatial detailed plan
In the Spatial Law, a review is conducted every 5 years, but the review is not a
change.

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Spatial planning also regulates: how many people gather, how much time is spent on
trips, not just the placement of a building / designation of an area.
Dimensions of land acquisition: not only get land and finish it, but also the space.
 
The location permit function in relation to control of space utilization :
Control of spatial use is also carried out by licensing space utilization, providing
incentives and disincentives, and imposing sanctions.
Licensing of spatial use is intended as an effort to control the use of space so that
every use of space must be carried out in accordance with the spatial plan.
Space utilization permits are regulated and issued by the Government and regional
governments in accordance with their respective authorities. The use of space that is
not in accordance with the spatial plan, both those that are equipped with permits and
those that do not have permits, are subject to administrative sanctions, imprisonment
sanctions, and / or criminal sanctions for fines.
 
Patterns of Incentives
 Incentive
The provision of incentives is intended as an effort to provide
compensation for the implementation of activities that are in line with
spatial plans, both those carried out by the community and by the regional
government.
Form of incentives:
o Tax relief
o Construction of infrastructure and facilities (infrastructure)
o Provision of compensation, ease of licensing procedures
o Awards
 Disincentive
Is a device to prevent, limit growth, and / or reduce activities that are not
in line with spatial plans, which include:
o High taxation, restrictions
o Provision of infrastructure and facilities
o Imposing compensation and penalties
 
Imposition of Sanctions
Imposing sanctions is an effort to control the use of space  as a set of measures to
control the use of space that is not in accordance with spatial plans and zoning
regulations.
Imposition of sanctions is given to:

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 -           Use of space that is not in accordance with the licensing provisions for
spatial use
-           Authorized government officials who issue permits for use of space that are
not in accordance with spatial plans
 
Procedure for Initial Land Acquisition
Individual (Non-Commercial) Corporate Needs (Commercial -
Purposes Business)
Direct land acquisition (transfer of Must get location permit (PMNA /
purchase rights) K.BPN No.2 / 1999)
 
Location permission
Location permit is a land use permit that must be owned by the company to acquire
the land needed for investment purposes, which also applies as a permit to transfer
rights, and to use land, for the purposes of an investment business.
From location permits, you can find out whether the project is in accordance with
spatial planning or not  supervision / control mechanism.
Location permits are granted by the Regent / Mayor, except in DKI Jakarta
(Governor). Not all projects need location permits.
There are exceptions to Article 2 PMATR.
Location permits cannot come out if there is no Land Technical Consideration from
the BPN because the BPN knows the condition of the land.
Location permits must be owned before they carry out the process of transferring
rights to the land (for example: purchase, etc.) .
Location permit applicants must conduct consultation and outreach.
There is a piece of land, no developer has permission  location when holding the
titles already have a piece of land, the developer can not force the holders of land
rights to sell it (there is likely to be rejected)  there must be a socialization of the
developer itself
Location permit: permission to transfer rights.
Applicants must not close or reduce accessibility and protect the public interest.
Location permit period = if it does not meet the term requirements (already exceeded,
but cannot yet procure land), there are 2 possibilities:
-           Project repositioning
-           Selling land to other parties
Although the issuing location permit is the Regent / Mayor, supervision of the
location permit is the Minister of Agrarian and Spatial Planning.

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With the issuance of location permits, holders of land rights, their rights remain
legally recognized, not lost. The location permit does not make the location
permit owner the land owner.
Makes it easy for investors, deadly for land rights owners.
Sentul  location permit has not been revoked since 1993.
Location permits have maximum limits  Article 4 PMATR 5/2015
-           Sugar cane plantations: 60,000 ha
-           Oil Palm Plantation: 100,000 ha
The status of the subject determines the status of the land it has .

 
Location Permit Procedure (PMNA / KBPN No. 2 of 1999)
 

Procedure for Arranging the IMB Procedure in District / City

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Location Permit is not required and considered to be owned by the company
concerned in case:
 The land to be acquired is inbreng rather than shareholders
 The land to be acquired is land that has been controlled by another
company in order to continue the implementation of part or all of the
investment plans of other companies and for this reason approval has been
obtained from the competent authority.
 Land to be acquired is needed in order to carry out industrial business
in an industrial area
 The land to be acquired comes from the authority or organizing body
for the development of an area in accordance with the spatial plan for the
development of the area
 The land to be acquired is needed for the expansion of the business that
is already running and for the expansion the business expansion permit has
been obtained in accordance with the applicable provisions, while the
location of the land is adjacent to the business location in question.

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  The land needed to implement the investment plan is not more than 25
ha for agricultural businesses or no more than 10,000 m2 for non-
agricultural businesses.
 The land that will be used to carry out the investment plan is land that
has been owned by the company concerned
Provided that the land is located in a location which according to the applicable
RTRW is intended for use in accordance with the investment plan concerned.
 
Authority to grant land rights based on Agrarian PMN / Head of BPN No. 3 of
1999
1. Business Use Rights (HGU) are granted by:
o Head of BPN: for land area of more than 200 Ha
o Head of Regional Office of Provincial BPN: for an area of up to 200
Ha
2. Hak Guna Bangunan (HGB) is granted by:
o Head of BPN: for land area of more than 15 ha
o Head of Regional Office of Provincial BPN: for an area of more than
2000 m2 up to 15 Ha
o Head of Regency / City BPN Regional Office: for an area of up to
2000 m2
3. Agricultural Use Rights (HP) are granted by:
o Head of Regional Office of Provincial BPN: for an area of more than 2
Ha
o Head of District / City BPN Regional Office: for an area of up to 2 Ha
4. Non-Agricultural Use Rights (HP) are granted by:
o Head of BPN: for an area of more than 15 Ha
o Head of Regional Office of Provincial BPN: for an area of more than
2000 m2 up to 15 Ha
o Head of Regency / City BPN Regional Office: for an area of up to
2000 m2
 
 

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 LAND OIL SYSTEM

Explanation:

-           If the available land of the State Land or HPL Land  can be obtained by
applying for the right and if it meets the requirements, it can be followed up
with the Granting of Rights
-           If the available land is land rights (owned by individuals or legal entities), it
can be used in more than 1 way:
o If the available land is the right of ownership  the landowner can
give new rights to other parties as new rights holders.
New rights that can be granted on non-agricultural land:
In urban areas: HGB, Right to Use, Building Rental Rights
In the countryside: Mortgage rights, profit sharing business
rights, hitching rights, rental rights to agricultural land
 If the available land rights of others (the freehold, HGU, HGB and Hak
Pakai)  can be obtained through the transfer of rights, such as the sale
and purchase, exchange, donation, inclusion in the company, etc.

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APPLICATION OF RIGHTS

Land status: state land   there is no right.

To obtain rights to land over state land:

-           Land is physically controlled

-           Done through a request for rights to the head of the BPN through the local
Land Office in accordance with the procedures and procedures stipulated in
the PMNA / Head of BPN No. 9 of 1999

Procedures for Requesting Rights:

A. Right Applicant
a. Submit a request for rights:
i. Fill out the rights application form
ii. Attach necessary documents regarding the applicant and land
documents that were applied for land rights
b. The letter of application is submitted to the official authorized
to give the rights, in accordance with:
i. Type of rights requested
ii. Allotment of land (agricultural land or non-agricultural land)
iii. Breadth

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B. Land Office:
a. The Head of the Land Office checks the documents and
completeness of the data regarding the land requested and the applicant,
assisted by the Land Inspection Committee (Committee A or
Committee B)
i. Committee A: to check land rights other than HGU
ii. Committee B: to check HGU  because if HGU needs
permission from the Minister of Agriculture, coordination with
the Governor, Regent, Mayor
If there are no problems from Committee A and B  then enter the
Land Office. If it does not enter into its authority, enter the Regional
Office, if it is not a Regional Office, then it will be sent again to the
Central BPN.
b. Made a Minutes of Land Inspection
c. Letter of Recommendation (granted or rejected) the request for
rights is submitted to the official authorized to grant rights
d. Issuance of Decree on the Granting of Rights (SKPH) by an
official authorized to give rights and submitted to the right recipient and
head of the Land Office where the land is located
SKPH has only made someone a prospective rights holder.
C. Rights Recipient
a. SKPH raises obligations including:
i. Pay income money (depending on what rights, how wide,
where is it)  paid once
ii. Pay fees for acquiring land and building rights (BPHTB)
iii. Registering their rights to the land office (district / city)
b. Obligations of Recipients in relation to the control of their land:
i. Maintain boundary signs
ii. Use the land optimally
iii. Prevent damage and loss of soil fertility
iv. Use land according to environmental conditions
v. Obligations listed in the certificate
D. Registration of Rights
Recipients of rights must register their rights at the local land office to fulfill
the conditions for the birth of the land rights in question.

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 E. Legal Problems
a. When is the birth of rights obtained through granting rights?
Since it was registered in the land book by the land office official ,
namely:
The types of rights and names of the rights holders are
juridically recorded
Defined the exact date of birth of the rights, which is 7 working
days from the documents for the purpose of the Rights
Registration concerned, are declared complete by the head of the
land registration section at the local land office and for this
purpose a receipt is given by him.
b. What is the function of registering the right?
i. For the purposes of proof (made a land book and proof of his
rights)
ii. As constitutive conditions (conditions that must be met) for the
birth of land rights
Thus, if it is not registered, the land rights will not be born.
After the holder of the right to receive the certificate, he has the right to take
legal action on his land.

TRANSFER OF RIGHTS

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Transfer of rights is a legal act whose purpose is to transfer land rights to another
party. This method is carried out if the party who needs the land meets the
requirements as the holder of available land rights, and the holder of the land rights is
willing to transfer his rights.

Movable lands are:

-           Right of ownership
-           HGU
-           HGB
-           Right to Use for State Land

Forms of Transfer of Rights:

-           Buying and selling  distinguished between the notion of buying and selling
land before the enactment of the LoGA and after the enactment of the LoGA.
o Before the LoGA
Buying and selling land according to western law
Especially for western rights lands, provisions in the Civil Code
III apply:
Article 1457 Civil Code: buying and selling is an agreement
between the parties to fulfill the agreed performance.
Article 1458 Civil Code: buying and selling occurs since there
is an agreement
Article 1459 KUHPerdata jo. STB 1834 No. 27: buying and
selling must be followed by a legal act of transferring rights
( jurisdiction levering ) from the seller to the buyer, which in
general terms is called back name in the cadastral office
Land sale and purchase according to customary law
The legal act of transferring land rights in cash, meaning that
the transfer of land rights from the seller to the owner occurs
simultaneously and simultaneously with the payment of prices
from the buyer to the seller.
In addition to being cash, it must also be bright  done in the
presence of customary heads or village heads.
In contrast to buying and selling in civil, because buying and
selling is civil, there must be an agreement, then there is a
judicial submission.

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 As proof of the sale and purchase, a letter of sale and purchase
of land was made, signed by the seller, the buyer witnessed by
the Village Head.
Function of the Village Head:
 To guarantee the truth about the status of the land, its
rights holders, and its validity
 The Village Head represents the villagers (an element of
publicity)
 After the LoGA
Land sale and purchase under national land law:
The transfer of land rights for ever in the form of cash, meaning that
once there is a sale and purchase, so at the same time, the seller
transfers the rights to the land to the buyer and the buyer pays the
price.
Payment of prices by the buyer to the seller (which is said to be cash)
there are 2 possibilities:
Paid in full when there is a sale and purchase; or
Only partially paid (not paid off)
Even though it has only been paid in part, the sale and purchase of land
has been completed and is valid if it has fulfilled:
Juridical submission
Partially paid
So if the price remaining in the future is not repaid by the buyer, then
this problem is debt, and included in the law of the stomach.
Procedure for buying and selling land:
Land sale and purchase in the presence of PPAT
Before making a land sale and purchase deed, PPAT must first
conduct an inspection at the local Land Office regarding the
suitability of the certificate of land rights or ownership rights to
the apartment unit that will be transferred or will be used as
collateral objects with a list in the land office
Registration of land for sale and purchase at the land office
The object of land buying and selling includes:
o Land rights, namely ownership rights, HGU, HGB, use rights
o Ownership rights to apartment units
The existing building on the land of rights can be sold along with the land with
the terms:
o The building belongs to the holder of land rights

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 o The building is permanent
o Strictly stated in the deed of sale and purchase that the object of buying
and selling includes land rights and buildings
The sale and purchase must be attended by:
o Seller
o Buyer
o Witness 2 people who are competent according to the law
Witnesses testified about:
o The presence of parties
o The existence of documents indicated in the deed
o These legal actions have been carried out by the parties
Deed of sale works:
o Proving that there has been a sale and purchase
o It is a condition that the sale and purchase can be registered at the Land
Office
A maximum of 7 working days from the date of signing the relevant deed,
PPAT is required to submit the deed made, along with the relevant documents
to the Head of the Land Office to register for sale and purchase.  the buyer's
name is recorded in the land book and the certificate  submitted to the
buyer as the new owner
Buying and selling registration function:
o Strengthen verification  land sale and purchase which has been
proven by a deed of sale and purchase, can be recorded in the land book
and the certificate of land rights in question
o Extending verification  land sale and purchase which was
originally closed and only known by sellers, buyers, witnesses and
PPAT, now by buying and selling registration can be known by anyone
who has an interest because it becomes open
Legitimate Land Buy :
Affirmed by the Supreme Court Decision No. 123 / K / SIP / 1970:
"Article 19 of Regulation No. 10 of 1961 applies specifically to the transfer of
rights to cadastre, while the judge assesses whether or not a legal legal act is a
sale and purchase ( material handling of van verkoop ) is not only bound to
Article 19. "
Conclusion: the validity of buying and selling land is determined by the
material requirements of the sale and purchase action concerned, not by
Article 19 PP No. 10 of 1961 (now PP No. 24 of 1997). Material requirements
are:

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 o The seller has the right to sell the land in question
o The buyer has the right to buy the land in question
o The land rights in question may be traded according to law
o The land in question is not in dispute.
Buying and selling that is not carried out in the presence of PPAT, selling it
remains valid as long as it meets the material requirements.
Deed of sale is needed  registration of sale and purchase to the land
office. If the proof is receipt, it will not be accepted at the BPN.
Requirements needed to make a sale and purchase certificate:
o For sellers:
Original certificate of land rights
KTP
UN Payment Proof
Letter of approval for husband / wife for those who are married
Family card
The seller's statement that the land owned is not in dispute
o For buyers:
KTP
KK
The statement that by buying the land the buyer does not
become the holder of land rights that exceeds the provisions of
the maximum extent and absentee land (if farmland)
The seller must pay a income tax of 5% of the selling price (if the selling price
of the land is above IDR 60,000,000)
The buyer is required to pay the Land and Building Rights (BPHTB) Fee of
5% of the Value of the Taxable Object Tax.
-           Exchange
-           Grant
-           Testament grant

Buying and selling procedure :

-           Legal basis: UUPA Article 19, PP No. 24 of 1997 (Articles 37 - 40), PMNA /
KA.BPN No. 3 of 1997 (Articles 95 - 106)
-           Significant land registration  because those who are certified are the ones
who registered first.

The procedure for obtaining land: the imposition of HGB and the Right to Use
on the land of ownership

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 -           Imposition HGB on land owned by  Article 24 Regulation 40 of 1996
-           Imposing the Right of Use on land owned by property  Article 44 PP 40 of
1996,
The procedure for registration of rights on the ground loading property
rights  Article 45 PP 24 of 1997

LIBERATION / RELEASE OF LAND RIGHTS

Release of rights is a legal act releasing a legal relationship between the subject of the
right to land and the land it owns (haki).

Procedure :

-           Formal
o Deliberation is fair
o Agreement between the parties
o To carry out legal actions to release rights (release of land rights)
-           Substantial
o There are compensation payments (compensation)
o There is a legal act of releasing rights
o Simultaneously (simultaneously - together)  cash
o Evidenced by the rights release agreement

In what ways is the release of rights? If the party who controls the land does not meet
the requirements as the holder of land rights  example: Developers cannot transfer
ownership rights.

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Reasons for using the rights release procedure:

-           There is a need for land on the party that will use the land
-           Landowners are willing to give up their rights
-           Because the effort to acquire land through direct transfer of rights cannot be
carried out considering the legal status (personal status) of the party who will
control the land does not fulfill the requirements as vide rights holder of
UUPA Article 26 paragraph (2), 30 paragraph (2), 36 paragraph (2 )

There is deliberation in the release of rights  and then there is compensation for

landowners.

Transfer of rights: Land that was previously entitled  turned into state land  if you
want to master the application immediately, according to its status and project.

If you transfer rights  status of the land remains the same, does not change. Parties
who need land meet the requirements

Examples of the preparation stage for the release of rights:

-           Initial inventory of:

o Land use / spatial planning
o Land legal status
o Legal status of the subject / land owner
-           Approach efforts to:
o Village and sub-district officials
o Land office
o Landowners
This effort was carried out in conjunction with the project socialization to the
local Government (before submitting a location permit)

Implementation of In Concreto

-           After the location permit is obtained and the rights release process is carried
out
-           At the time of the release of rights there must be verification and up-date of
the data:
o Physical condition of the soil
With regard to the existence of plants, buildings, other objects
that will be a count of compensation
Ownership of these objects
Mastery / use of the land, by the owner or other person
Basic land tenure

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 o Land legal status
Status
/ type of land rights
Documents that become proof of ownership (registered or not)
The status of ownership of the land, whether individual or joint
ownership (for example: collective property / gono-gini,
inheritance, waqf land, or customary land)
Is there a load on it?
o Legal status of the owner
Are individuals?
Is it a private legal entity?
What are government agencies?
Clarity of the legal status of the landowner to be taken over will greatly
determine the next steps to the stage of payment of compensation and
the release of legal rights.

Accuracy and precision when releasing rights:

-           Regarding land owners

o Name and sign according to KTP
o KK
o Marriage certificate
o Address / residence according to KTP
-           Regarding land documents
o Proof of ownership (certificate / not certificate)
o Proof of UN payments for at least the last 3 years
-           Other supporting documents that must be completed at the time of release of
rights:
oA statement from the land owner that the land is not in dispute and
there is no charge on it
o Land certificate from the Village Head and confirmed by the District
Head (for land that has not been certified)
o Land Registration Certificate (SKPT) for land that has been certified

REVOCATION OF LAND RIGHTS

Revocation  done if land is used for public purposes, is the last attempt to

obtain land rights.

UU no. 2 of 2012  "for the public interest"

What is meant by public interest? Article 10 of Law No. 2 of 2012

21
In the past, in the past, the Presidential Decree of 1993, one of the criteria of public
interest was sports facilities. It also regulates the matter of Consignment = if for
example the holder of land rights refuses to give land, the project must continue to
run, and compensation is deposited in the Court

Public interests  government pays compensation.

There is only 1 revocation of rights  Time to make Terminal Senen.

The initial stage of efforts to acquire land before revocation of rights:

-           The process of deliberation between the landowners and those who will take
land regarding the form and / or amount of compensation
-           Or more concisely is that systematically, before the revocation of rights, what
must be done is an effort to deliberate towards the voluntary release of rights.

Principles for implementing revocation of rights in Law No. 20 of 1961:

-           Revocation of rights can be carried out in the public interest by providing

proper compensation and carried out according to the provisions of the law
-           Revocation is the last resort if other efforts to acquire land through direct
transfer of rights cannot be carried out
-           Given that land has social functions, it also means that shared interests must
take precedence
-           The revocation of rights is carried out by a presidential decree which
contains the decision to revoke rights and determine compensation.
-           But in a situation that urges revocation of rights can be done with the
authority of the agrarian minister
-           Revocation of rights is only carried out for the purposes of state enterprises
(Central and Regional Government)
-           However, for private legal entities it is possible that the revocation of rights
in the context of their business is truly in the public interest
-           Compensation must be based on real value, not merely market prices but
does not mean lower prices.

Regulation of Revocation of Right to Land based on Law No. 20 of 1961:

-           For the public interest, including the interests of the Nation and the State and
the common interests of the people, as well as the interests of development,
the President is in a compelling condition after hearing the Minister of
Agrarian Affairs, Minister of Justice and the Minister concerned can revoke
land rights and existing objects on.

22
 -           Because revocation of rights is a very important act, because it results in
reducing one's rights, the one who decides is the highest executive, namely the
President.
-           revocation of rights is the last resort to obtain land and / or other objects
needed for public purposes.

Basis for Consideration of Proposed Revocation of Rights (Article 18 of Law No. 5 of

1960)

-           According to Article 18 of the Basic Agrarian Law, for the public interest,
including the interests of the nation and the State as well as the common
interests of the people, land rights can be revoked, by providing appropriate
compensation and in a manner regulated by law.
-           In addition to the authority to revoke rights, in Article 18 there are also
guarantees for the owners. That is, the revocation of rights must be
accompanied by proper compensation and must also be carried out according
to the method stipulated in the Law

Basis for Consideration of Proposed Revocation of Rights (Article 2 of Act No. 20 of

1961)

-           The designation of the designation and the reasons that the public rights
must be revoked
-           Information about the name that has the right (if possible) and the location,
extent and type of rights of the land which will be revoked and the objects in
question
-           Plans for holding people whose rights will be revoked and if there are also
people who work on the land or occupy the house concerned

Applicant Subjects Revocation of Government / Regional / BUMN / BUMD and

Private Rights (General Explanation of point 5 point b of Law No. 20 of 1961)

-           Generally the revocation of rights is held for the purposes of State enterprises
(Central and Regional Governments), because according to Article 18 of the
Basic Agrarian Law this can only be done in the public interest.
-           As an exception, it also holds revocation of rights for the implementation of
private businesses, provided that the business is truly in the public interest and
it is impossible to obtain land needed through agreement with the owner.
-           Of course, the private business is planned to be approved by the Government
and in accordance with the pattern of national development planning.
-           Examples of such public interests are for example: the construction of
highways, ports, buildings for industry and mining, housing and public health

23
 as well as other businesses in the context of implementing the national plan for
development.
-           If to solve something about land use without rights by the people, the
Government considers it necessary to control part of the land belonging to the
owner, then, if the owner is not willing to give up the land on the basis of
deliberation, the matter can also be considered as a public interest. revocation
of rights.

Type of Revocation of Rights: (Law No. 20 of 1961) There are 2 types of

revocation of rights, namely:

-           Event of revoking ordinary rights

Procedure:
o The interested party must submit a request to revoke the right to the
President, through the mediation of the Minister of Agrarian Affairs,
through the Head of the Agrarian Inspection concerned.
o The Head of the Agrarian Inspection is endeavored so that the request
is equipped with consideration of the relevant Regional Heads and
estimated compensation. The estimate is carried out by an Appraisal
Panitya, whose members take oaths. In this consideration there were
also questions about the shelter of those whose rights would be
revoked. Likewise, if there is, about the shelter of the people who
occupy the house or work on the land in question. Namely people who
because of the revocation of rights will lose their place of residence
and / or source of income.
o Then the request along with the consideration of the Regional Head
and the estimated compensation was continued by the Head of Agrarian
Inspection to the Minister of Agrarian Affairs, along with his
consideration.
o The Minister of Agrarian submitted this request to the President to
obtain a decision, accompanied by consideration and consideration of
the Minister of Justice and the Minister concerned, namely the Minister
whose task is to include efforts to request the revocation of that
right. The Minister of Justice will especially give consideration in terms
of the law, while the Minister concerned regarding the business
functions that require the request to be revoked is absolutely necessary
and cannot be obtained elsewhere.
o The control of the land and / or objects in question can only be carried
out after the decision to revoke the rights of the President and after the

24
 payment of compensation determined by the President and holding the
shelter of the people referred to above.

Based on Law Number 20 of 1961, the President of the Republic of Indonesia

issued a decree concerning revocation of land rights and determination of
compensation for former holders of land rights.

-           Revocation of rights for very urgent circumstances, which require immediate

control of land and / or objects
Procedure:
o In very urgent circumstances that require immediate control of the land
and / or objects concerned, the revocation of rights, especially the
control of land and / or objects, can be held through special events that
are faster, very urgent conditions, for example, if an outbreak occurs or
natural disasters, which require immediate shelter of victims.
o In this case, the request for revocation of rights is submitted by the
Head of Agrarian Inspection (Head of the Regency / City Land Office -
today) to the Minister of Agrarian Affairs without an estimate of Panitya
Estimator's compensation and if necessary by not waiting for the
Regional Head's consideration.
o The Minister of Agrarian Affairs can then approve those concerned to
immediately control the land and / or objects, even though no decision

25
 has been made regarding the request for revocation of rights and
compensation has not been paid

Regarding compensation:

-           Those who are entitled to land and / or objects whose rights are revoked will
be compensated, determined by the President, at the suggestion of an
Appraisal Panitya, whose members swear an oath.
-           The amount of compensation according to article 18 of the Basic Agrarian
Law must be appropriate. The appropriate compensation will be based on the
real / actual value of the land or object in question. Prices that are based on
actual / actual values do not have to be the same as general prices, because
general prices can be "Catut" prices.
-           But on the contrary the price does not mean cheap prices. Not only people
who are entitled to the land or whose rights are revoked are those who will
receive compensation. But the people who occupy the house or work on the
land in question will also be considered. For example, they will be replaced
with residences or other cultivated land. Or if it is not possible to be
implemented, will be given compensation in the form of money or certain
facilities, such as transmigration.
-           Payment of compensation to the rightful person needs to be done in front of
several witnesses, to prevent the occurrence of undesirable things

Rejection Receive Redress if the owner is not willing to accept the compensation
set by the President because he considered the amount is less worthy:

-           The former Land Owner can ask the Court of Appeal so that the
court determines the compensation. For this reason, a special procedural law
will be held, so that the compensation determination by the Court can be
obtained in a short time. (See: PP No. 39/1973, concerning the Event of
Determining Damages by the High Court in connection with Revocation of
Rights on Land and the Objects above))
-           But even so the resolution of the compensation through the court did not
delay the revocation of rights. This means that after a presidential decree
regarding the revocation of the rights, the land and / or objects concerned can
be immediately controlled, without having to wait for the District Court's
decision regarding the dispute.
-           It is clear that the interests of those who are entitled to the land and / or
objects revoked are also properly received.

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There is one more method of land acquisition: an agreement with another party,
namely the right to land charged to land owned by someone else

-           HGB and HP for HM: Agreement Secondary HGB

There is an agreement between the prospective HGB holder and the HPL
holder, then the HGB instructs the request for rights to the BPN on HM land
owned by someone else deed is granted
Maximum: 30 years, renewed 30 years (cannot be extended)
1 land area has 2 certificates of land rights
-           HGB and HP for HPL: Agreement Primary HGB
Duration of primary HGB: 30 years
 

LAND REGISTRATION

Platform: PP No. 24 of 1997

Tenure rights over land = legal institutions and concrete legal relations.

If you make a sale and purchase an made account is

registered purpose: for legal certainty: who is the last holder of land rights? What
are the legal actions?

Legal certainty in the land sector requires :

-           The availability of written and complete legal instruments and consistent

implementation
-           Implementation of effective land registration

Land registration Article 1: continuous, continuous series of activities There is

a sequence / procedure. Once started, it never ends.

The heirs get the inheritance (land) must be registered.

Legal actions / events surrounding the land must be recorded, continuously, regularly
and based on statutory provisions.

Many land rights certificates are issued without procedures.

Land Registration:

1. Land Registration as Legal Cadastre / Rechtskadaster is land

registration in order to provide legal certainty
2. Land Registration as Fiscal Cadastre is land registration in the
context of tax collection requirements.

27
 Until 1961:
o For western rights lands: European Verponders
o For customary land rights in the city: Indonesian Verponding
o For customary land rights outside the city: Land Land / Tax
The basis of determining the object: the status of the land
Taxpayer: right-holder or owner

UU no. 12 of 1985 concerning Land and Building Taxes

-           Article 4 paragraph (1)

"Tax subjects are people / legal entities that actually have rights to the earth,
and / or benefit from the earth, and / or possess, control and / or benefit from
buildings."
-           Explanation of Article 4 paragraph (1): "Tax payment / repayment marks are
not proof of ownership rights"

Legal Basis :

-           ARTICLE 19 BAL;
-           PP NO. 24 of 1997 substitute for PP NO. 10 OF 1961 concerning LAND
REGISTRATION
-           PMNA / KABPN NO. 3 OF 1997 concerning PROVISIONS FOR
IMPLEMENTATION OF PP NO. 24 OF 1997 concerning LAND
REGISTRATION.

Purpose of Land Registration for legal certainty ( rechtskadaster )

-           For holders of land rights / owners: make it easier for landowners to prove
their rights to the land they control / own
-           For third parties concerned: facilitate third parties (prospective buyers /
prospective creditors) obtain information on a plot of land rights
If PPAT makes a land deed, surely he will check first. If the land is certified,
check with the BPN. If the land has not been certified, check with the
kelurahan, if the data really does exist. Checking serves to ensure that the land
does not belong to someone else, avoiding future problems.
-           For the government: orderly administration in the land sector
The government can also know what to do with the land.
Data regarding the land and its owner are incomplete.
How does the government want to make a policy if there is no data on the
land?

Purpose of land registration : Article 3 PP No. 24 of 1997

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The concept of land registration in several countries is related to: Population
system on the identity card there is data about a set / land is everywhere. In
Indonesia: data collection on land rights is incomplete there is no need for a tax
amnesty if the data on the land is complete.

Object of Land Registration: (Article 9 PP No. 24 of 1997)

-           Land parcels which are owned by ownership rights, HGU, HGB and usage
rights
-           Land management rights
-           Land of endowments
-           Ownership rights to apartment units
-           Mortgage right
-           State land

Land Registration Principle :

-           Simple
-           Safe based on applicable laws and regulations.
-           Affordable when viewed from the procedure, affordable and
inexpensive. The expensive one: pay the tax.
-           Latest data is always the most updated / latest
There should be digitization of data on land
-           Open

Land Registration Function :

-           In the framework of requesting rights and assigning mortgage rights

o As a constitutive requirement for the birth of the right / birth of the
right of birth
o For evidence purposes
-           In the framework of buying and selling land
o To strengthen proof
o To expand proof

Organizers and implementers of land registration :

-           Organizer: National Land Agency

-           Executor:
o Headof the Land Office
o PPAT and other officials assigned to carry out certain activities
according to PP No. 24 of 1997

29
Land registration administrative unit:

-           for property rights, building usufructuary rights, usufructuary rights, waqf

land and ownership rights over apartment units are villages / kelurahan ;
-           for business use rights, management rights, mortgage rights and State land
are regencies / municipalities

Land Registration Activities :

1. Initial Registration of Land ( Initial Registration )

Definition: Registration activities carried out on objects of land registration
that have not been registered according to PP No. 10 of 1961 and PP No. 24 of
1997.
Way:
o Systematic land registration initiative together; not a land
office, but an adjudication committee
is the activity of land registration for the first time carried out
simultaneously which includes all objects of land registration that have
not been registered in the area or part of a village / kelurahan.
o Sporadic land registration own initiative, BPN
is the activity of land registration for the first time concerning one or
several objects of land registration in an area or part of an individual or
mass village / kelurahan.
The first land registration activity includes:
o Collection and processing of physical data location, boundary, area
Certificate is 2: in front of it about juridical data and behind it is a
measuring letter. The principle of contradiction is
delimitation  approval of the parties. the party knows that the land
borders on anyone, the measure letter is like an official report that must
be signed by the parties
The surveyor at each land office is very limited.
o P Collection and processing of juridical data and bookkeeping
Judging from the juridical data:
What is the status of the land, what application is made
Who submits the application (eligible or not)
 P certificate issuance
Will be announced in the office to the village and the land office. if
there are parties who object to the issuance of the certificate, then raise
an objection within that period. If there are objections, the certificate
will not be issued. (dipped first)

30
 Duration: 90 days
After there were no more problems, the certificate was issued.
Land rights exist after he is listed in the land book.
o P enyajian physical data and juridical;
o P enyimpanan in the general list and documents.
Documents = subject-based, based on status, based on the father's
level, etc. make it easy to check for interested parties.
Registration for the first time for new rights :
Land rights must be proven by:
o Determination of the granting of rights from the authorized official to
grant the rights concerned
o Original PPAT deed that makes ..... especially secondary HGB
Management rights are proven by the stipulation of the granting of HPL by
authorized officials
Land of endowments: waqf pledge deed
First land registration for old rights ( old rights = rights that have not been
converted from Western land law and customary land law):
All proof tools are included
o There are ownership documents Article 24 paragraph (1) PP No. 24
of 1997
Evidence in the form of written evidence, witness statements and / or
statements in question
o There are never ownership documents
Example: just don't have a glance. He only lives there.
Article 24: OK, there is no problem. The important thing is that there is
physical control over one plot of land for 20 years without
interruption. If there are other people who want to apply for land rights
over the land then the priority is the person who controls the land
for 20 years without interruption that person will be given land
Giving the land must still pay attention to the boundaries, namely the
spatial plan .
There needs to be a statement from the kelurahan, from the village
head that the person physically controlled the land for 20 consecutive
years.
A certificate is made if the land is state land.
PARADOX : in the LoGA it is stated that the rights to old land that were not
converted within 20 years after the LoGA were enacted would automatically

31
 become state land. However in PP 24/97 it is stated that all rights to the land
that have not been converted are permitted.
 
2. Maintenance of Land Registration Data ( Maintenance )
Is a land registration activity to adjust physical data and juridical data in
registration maps, land registers, rosters, measuring letters and land books and
certificates with changes that occur later.
o Bookkeeping changes that occur:
Amendment to his rights
 Imposition of mortgage rights
 Imposition of building use rights / usufructuary rights
Change of subject
 Because of the transfer of rights: buying and selling
land, grants, inbreng, exchanges, etc.
 Transfer of rights due to auction
 Inheritance due to law
Change of land, because:
Solving, splitting, merging
o Transfer of rights due to merger, consolidation
o Abolition of rights that burden land rights
o Data changes due to the judge's decision

Land Registration System :

1. Deeds Registration System ( Registration of deeds )

if 1 plot of land has 10 times the sale and purchase, then the proof of that is 10
deeds.
To ensure that legal action is correct, it will be carried out ... search .
Officers are passive.
Danger: if there is a sale and purchase, A B C D = then it is known
that the land belongs to E, does not belong to A, all buying and selling will
be canceled.
2. Right Registration System ( Registration of titles )
First made in Australia, the latest development of registration systems
The proof is still the deed, but the land officials are active to submit testing
data in the deed.
Then a land title certificate will be made.
Indonesia adheres to a rights registration system because:
o Land officials: active to test data

32
 o Proof: certificate

Deed Right
-    Deed registered -     Creation of new rights and legal
-    Passive land officer actions that lead to later changes
-    Proof: deed (which must be proven by deed)
-    Every time there is a change, a deed -     Active land officials
must be made as proof and a legal -     Proof: land book and certificate
defect on a deed can result in invalid -     Every time a change occurs, a new
legal actions as evidenced by a deed land book is not made, but it is
made later. recorded in the mutation space
-      provided in the relevant land book
Used in Indonesia: registration system of rights Legal basis: Article 29 and
Article 31 PP 24 of 1997 , and the existence of a land book and letter of measure,
certificate as proof of rights.

Data source:

Both for granting rights, transferring rights and imposing juridical data source

rights that are used are AKTA for either ROD or ROT because the deed is clearly
stated regarding the legal actions taken, rights and recipients of their rights.

Publication System :

1. Positive Publication
Registration or recording of the name of a person in the land book as the
holder of the rights that makes a person a holder of the rights in question, not
the difference in the transfer of rights carried out.
The state guarantees the data presented in the certificate. What is important is
registration. If our name is recorded in the certificate, we are the rightful
owner. Once listed, our names will never change even though we are known to
be not legal owners. Can not be contested. ( indefeasible title ) .
The state guarantees the data presented, because the data presented can be
trusted and the truth has absolute proof power .
Always use the rights registration system
 
2. Negative Publication
The validity of legal actions taken that determine the transfer of rights to the
buyer .
Registration does not make a person who acquires land from an unauthorized
party becomes the new right holder

33
 The principle of nemo plus juris applies : one cannot surrender or transfer
rights over what he himself has.
The state does not guarantee the data presented because the data presented in
the registration may not be justified .
if used, the registration system for the student certificate is always negative.

Weaknesses and advantages of positive and negative publications

Positive
Weakness:
By completing registration on behalf of
the recipient of the right, the actual right
holder loses his rights because he cannot
claim the revocation of the legal action
(in certain circumstances only he
is demanding compensation for the State)
Negative
Weakness:
Even if they have registered, the buyer
always faces the possibility of a lawsuit
from someone who can prove that he is
the real rights holder.
 

The publication system used in Indonesia: a negative system that contains positive
elements because it produces proof of rights documents that are valid as a strong
evidentiary tool Legal basis: Article 19 paragraph (2) letter c, Article 23 paragraph
(2), Article 32 paragraph (2), Article 38 paragraph (2).

Rechtsverwerking

Legal provisions that already exist in customary law do not create new legal
provisions Explanation of Article 32 paragraph (2) PP No. 24 of 1997.

Strengthened by Supreme Court jurisprudence:

-           Decision dated 10-1-1957 no. 210 / K / sip / 1955

-           Decision dated 9-9-1958 no. 329 / K / Sip / 1957
-           Decision dated 26-11-1958 no. 361 / K / Sip / 1958
-           Decision dated 7-3-1959 no. 7 / K / Sip / 1959

It is the lapse of time as a cause of loss of land rights, if the rights to the land
concerned for a long time have not been sought by the rights holders and controlled
by other parties through the acquisition of rights in good faith .

Article 32 PP No. 24 of 1997:

(1) Certificate of certificate is a proof of right that applies as a strong evidentiary

instrument regarding physical data and juridical data contained in it, insofar as it

34
relates to physical data and juridical data in accordance with the data contained in the
measuring letter and the relevant land book.

(2) In the event that a land certificate has been legally issued in the name of a person
or legal entity that obtains the land in good faith and has real control over it, the other
party who feels that the right to the land can no longer demand that right within 5
(five) years after the issuance of the certificate does not file a written objection to the
holder of the certificate and the Head of the relevant Land Office or does not submit a
claim to the Court regarding land ownership or issuance of the certificate.

In PP No. 24 of 1997 there are some substantive things that can be understood as a
tendency to go towards a positive land registration system:

-           Good faith behind the ownership of land rights

-           The enforcement of the principle of contradictory delimitation; to get the
certainty of the object of land rights
-           Enforcement of announcement institutions; to guarantee the correctness of
the subject and object of registered land rights
-           Enforcement of guarantees not to be contested by other parties after 5 years
of certificate is issued (Rechtsverwerking)

Rechtsverwerking Institute  in customary law there is an institution whose name

loses the right to sue, the point is that if someone has land but for a certain period of
time leaving the land untreated, and the land is used by another person in good faith,
he can no longer claim the land back from another person just now. The institution is
in accordance with the principles in customary law that Land is a common property of
indigenous peoples that must be used for the interests of the community / custom.

MORTGAGE RIGHT

Legal basis:

-           UU no. 5 of 1960

-           UU no. 16 of 1985
-           UU no. 4 of 1996
-           PP No. 24 of 1997
-           PMNA / Head of BPN No. 3 of 1996 concerning the form of SKMHT,
APHT, BTHT, HT Certificate
-           PMNA / Head of BPN No. 4 of 1996 concerning Determination of Deadline
for SKMHT to guarantee repayment of certain loans

35
 -           PMNA / Head of BPN No. 3 of 1997 concerning the implementation of PP
No. 24 of 1997

Definition of Mortgage

-           Mortgage rights are collateral rights to land

-           charged to land rights as referred to in Law No. 5/1960 concerning Basic
Regulations on Agrarian Principles,
-           the following or not other objects which are one unit with that land,
-           for certain debt repayments
-           give a position that is prioritized to certain creditors against other creditors.

Mortgage rights

-           Give priority to its creditors (" droit de preference ")

When dealing with tax debts if it has been auctioned, there is a tax, then the
tax must be paid first. The same goes for court fees in court.
-           Always follow objects that are guaranteed in the hands of whoever the object
is (" droit de suite ");
-           Fulfilling the principle of speciality and the principle of publicity, so that it
can bind third parties and provide legal certainty to interested parties;
-           Easy and certain execution.

Nature of Underwriting Rights

-           Can not be divided (ondeelbaar) ,

means that the Underwriting Right fully encapsulates the object and every part
thereof. The repayment of part of the guaranteed debt does not free part of the
object from the Underwriting Right burden, but the Underwriting Right
continues to burden all of its objects for the remaining outstanding debt.
Ondeelbaar is not absolute Article 2 paragraph (2) of the HT Law >> for
several plots of land. The name of the concept: Roya Partial . It must be
agreed on the deed regarding the partial agreement, otherwise it will be
considered ondeelbaar.
Removing HT is not automatic, it must be agreed on the account.
Example: the developer makes a house, the land is divided into several plots of
land, then if we buy a house, HT over the land that we buy will be eliminated.
-           Mortgage rights are only an " accessoir " of the principal agreement,
namely an agreement that creates a relationship between the legal debt. The
existence, ending and elimination of the Underwriting Right by itself depends
on the debt guaranteed by the repayment.

36
Underwriting Subjects :

-           Provider of Underwriting Rights

is a person or legal entity that has the authority to carry out legal actions
against the related Underwriting Right object.
Not always being a debtor, but also domiciled as a guarantor (bearing other
people's debts: 1820 BW)
A has a debt to the bank, but has no guarantee, B guarantees his land with HT
to guarantee A.'s debt.
The HT Law allows the object not to be registered. If the land is still girik,
there is no certificate can registration of land rights along with HT
registration .
Requirements: fulfill the requirements as holders of land rights, for example:
Foreigners who have the right to use, then pledge their land to the Citibank
bank based in Singapore. Citibank: may be a creditor (Article 9 UUHT)
From the land owner's side: may
-           Underwriting Right Holder
is a person or legal entity who is involved as a debtor (creditor). If the creditor
is domiciled in the country, it must include the domicile of choice.
If it does not include domicile, the domicile is at the PPAT office.
Provided that the circulation of money (credit) must be used in Indonesia

Mortgage Rights Object :

-           Which is designated by the LoGA (Article 4 paragraph 1 UUHT):

o Property Rights (Article 25 UUPA)
o Business Use Rights (Article 33 UUPA)
o Right to Build (Article 39 UUPA)
-           Those appointed by UUHT (Article 4 paragraph 2):
Right of Use on state land which according to applicable provisions must be
registered and according to its nature transferable.
-           What is designated by Law No. 16 of 1985 concerning Flats (Article 27
UUHT):
o Flats that stand on the land of Hak Milik, Hak Guna Bangunan and
Right to Use granted by the State,
o Ownership rights over Flat Housing Units (HMSRS) whose buildings
are erected on Ownership Rights, Building Use Rights, and Use Rights
granted by the State.

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Flats rights to buildings and land. If we buy a one-unit apartment, we will
have HMSarusun (Ownership of Flat Unit) >> HT object.

In HMSarusun there are:

-           Private ownership
-           Joint ownership >> of the land. For example there are 12 plots of land, then
1/12 of the land has buyers.

Terms of object for mortgage :

-           Have economic value can be sold.

There are rights to land that cannot be sold >> special use rights (example: by
UI, by the British Embassy), management rights (HPL), waqf land
-           Transferable
-           Registered in the public register
-           Designated by Law >> cumulative terms, not alternatives.
Example: usufructuary rights (secondary usufructuary rights) >> not HT
objects, but secondary HGBs (HGBs on land of ownership) are HT objects.

Article 4 paragraph (4) and (5) UUHT the following or not land including
buildings, plants, works principle of horizontal separation  then the loading
conditions are set:

-           Buildings must be permanent buildings

-           Plants must be perennials
Water spinach, chili, carrot can't.
For example, nutmeg, pepper, tea, palm oil
-           The work must be a unit with the land burdened by HT
Example: Garuda Wisnu Kencana, which is naturally there, has just been
carved, cannot be moved.
Article 4 of the HT Law: the land is the surface of the earth, can use the top
and bottom as long as there is a connection with the use of the land
Possible examples: basement garage
Those who cannot: subway down, have nothing to do with the building above
it, cannot be used as collateral burdened by HT. Example: the bridge between
PIM 1 and PIM 2 cannot be loaded with HT.
It is defined in the Act, so if it is not in the rules of the state we must not
assume that it is an "object".
-           H current is clearly stated in APHT
-           If the owner of the building or plant is not at the same time the owner of the
land, then that is. must participate in signing the APHT

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 For owners of buildings, plants, and works that are different from those of
landowners, they must sign the deed. >> If he rejects the signature is it
allowed? It's okay, because there is a principle of horizontal separation. So
it imposes a building, a plant, the work with HT is a choice, not an
obligation. >> But it is better if you join in the signing, because if the owner of
the land rights that becomes the debtor defaults, the land will be auctioned, it
will cause problems for the owner of the building / plant / work.
How do you know the building owner is different from the owner of the land
rights? There is not one proof that is guaranteed in the Law to find out who
owns the land, who owns the building / plant / work.
Many people say with IMB, even though to get an IMB there must be a
certificate of land rights, so for
Remember! The object is not only what already exists, but also what will be
there.
Buildings, plants, works that will be there. Example: HGU >> for palm oil,
there is no palm oil. Buy a KPR, the house building doesn't exist yet.

Procedure for assigning mortgages

 

TERMS OF PUBLICITY

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Namely: no later than 7 working days after

the signing of the APHT (Article 13 (2) UUHT)

 
Proof of Birth of Mortgage

WHEN IS THE BIRTH OF HT?

YES: The Book Date of the Underwriting Right Land is the 7th day after the complete
receipt of the documents required for registration at the land office

If the seventh day falls on a holiday, the relevant land book is given the date of the
next working day. On that date the Underwriting Right is considered to have been
born.

As a proof of Underwriting Right, the Land Office issues a Mortgage Rights

Certificate consisting of:

-           A copy of the book for the land of the mortgage

-           A copy of the Deed of Giving Rights

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To provide an executive power similar to a court ruling that has permanent legal
force, the certificate of Underwriting Rights entails irregularities by affixing to the
cover of the words:

"FOR THE SUPREME JUSTICE OF THE ALMIGHTY GOD."

These meanings as executorial titles mean having binding powers as well as judges'
decisions that can be carried out with coercive nature.

Juridical Implications of the Birth of a Mortgage

-           The birth of HT means that as a HT Holder (Creditors) has a preferred

position than concurrent creditors

-           The HT (creditor) holder has a guarantee of repayment of the debt if the HT

provider breaks the promise / default on the basis of:

o The strength of the executorial title stated in the HT Certificate,

creditors can sell the auction of HT objects with their own power

o There is a promise ("beding van eigen-machtige verkoop") in the

APHT which gives creditors the power to sell themselves HT objects.

o Selling HT objects under the hands that have been agreed

with ur debits
Remove Mortgage
-           Delete debt guaranteed by mortgages;
-           Release of liability by holders of mortgage rights;
-           Clearance of mortgage rights based on ranking by the Chair of the District
Court;
-           Abolition of land rights burdened with mortgages
 
Additional notes about HT:
Giving Phase HT >> Article 11 UUHT principle of specialty Article 11 (1). Must be
there, it can't be wrong. If the wrong statement is null and void by law
Giver HT: somewhat problematic must be seen as a position. If individuals are married or
not. Example: if he is married, it must be seen whether it is a joint asset or inheritance. If it's a
joint asset, HT can be given as long as there is an agreement from one of the parties.
Results of Judicial Review of Act 1/74 Agreement on the separation of property can be
carried out in a marriage relationship (after marriage)
If a legal entity if the company, the assets to be guaranteed must have a permit / approval
from the GMS
How much is the debt value? Article 3 UUHT: there are 3 types:
oThe debt stated specified in the agreement

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 oDebt that was previously agreed upon
Bank guarantee? Banks that are given to someone for certain purposes (when they want to
hold a project), want to tender
Bank guarantee = guarantee that we will work on the project. If it fails, the bank guarantee
will be liquid
oDebt determined later value is only seen when the debtor
defaults
The object must be clear >> what land with the certificate number, the time period, etc.
In addition to the principle of speciality, there are also promises in APHT.
If Article 11 (1) is required, Article 11 (2) is not mandatory. Depends on the needs.
There is one that is mandatory: Promise article 6 (promise that first-ranking HT holders are
given authority to the executive branch ).
Of all promises that are permitted, there is one promise that may not be: Article 12
UUHT. The HT holder can have the HT object if he buys it, it cannot directly.
-           Registration of HT >> Article 13 UUHT principle of publicity: if the APHT has
been made by PPAT, it must be registered
PK (Credit Agreement): Made domestically, it can be made overseas.
SKMHT: Power of Attorney Charges Mortgage Rights Article 15 of the HT
Law before APHT >> is made if the HT giver is not present. Because to make the deed,
the principle of all parties must be present.
SKMHT is not mandatory, APHT is required
SKMHT is different from the power of attorney in civil. SKMHT only removes in 2
conditions:
 SKMHT has been followed up by making APHT
 If the time period is up: there is one month, there is one month
If the recipient of the HT dies, the SKMHT is not deleted.
SKMHT: may be a notary, not only PPAT.
If APHT, you have to
SKMHT with a term of 1 month conditions: if the land already has a certificate in the
name of the HT provider. Within 1 month APHT must be made.
Proxy directly to creditors.
If the land has not been certified, the maximum period of 3 months gives PPAT time to
check the status of the land.
Example: A buys land in the name B, then A wants to guarantee the land to the bank. The
certificate is still in the name B, then the period is 3 months.
There are conditions where the SKMHT is the period of time during the credit period. In
practice, if you guarantee a house under 200 million, you don't need to make an APHT, only
the SKMHT signature.
The APHT made must be registered 7 working days to the BPN. If it is not registered for 7
days there is no sanction, the APHT is still valid.
If it is not immediately registered, the risk is that there is an APHT registered first
BPN see whether the land has been certified or not.
If the file has been declared complete by the BPN, then the 7th day of HT is declared
born. (all days are counted). listed in the Land Book HT just issued the HT Certificate.
Land registration The constitutive requirements for the birth of HT. If not registered, HT
will not be born.
SKMHT does not make the creditor a preference.
Article 20 HT Law: Execution of Mortgage Rights 3 ways of execution:
-           Parate Executor implementation of Article 6 of the HT Law
-           Executive Title
-           Underhand sales not execution actions in principle
Execution of nature: choice so even though rank I does not have to go through parate
executives , it could be an executorial title .

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For auctions, there is no need for a certificate of land rights, the important thing is that there is
a HT certificate.
 
FLATS

UU no. 20 of 2011

Purpose of Construction of Flats: Article 3 of Law No. 20 of 2011

Flats are multi-storey buildings that are built in an environment that is divided into
functionally structured parts, both in horizontal and vertical directions and are units
that each can be owned and used separately, especially for dwellings equipped with
shared parts, shared objects, and shared land .

Apartment unit (sarusun): apartment unit whose main purpose is used separately with
the main function as a residential place and has a means of connecting to public roads.

Joint section: part of the apartment that is owned separately for use together in a
unitary function with units of flats. Example: The foundation, columns, beams, walls,
stairs, elevators, hallways, electricity, etc .

Shared objects are objects that are not part of a flat but are part of a jointly owned not
separately for shared use.

Shared land: a plot of land rights or leased land for a building that is used on the basis
of an inseparable joint right on which a flat is built and has a limit on the requirements
for a building permit .

Types of Flats:

-           Public apartment
Apartment houses organized to meet the needs of homes for low-income
communities.

-           Special apartment
Flats that are held to meet special needs .

-           Country apartment
flats owned by the state and function as dwellings or dwellings, family
building facilities, and supporting the implementation of duties of officials and
/ or civil servants.

-           Commercial flats

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 flats that are held for profit
 
In a flat system there are 2 main elements in the ownership system:
-           Individual ownership can be enjoyed separately
-           Joint ownership cannot be owned individually, can be shared and enjoyed
together
 
Proportional Comparative Value: Article 1 number 13 number that shows a
comparison between the standard of the rights to joint shares, joint objects and joint
land calculated based on the value of the relevant plan for the total value of the flat at
the time the construction agent first calculated the cost of construction. as a whole to
determine the selling price
Land rights for the construction of flats Article 17:
Flats can be built on land:
a. right of ownership;
b. the right to use the building or use rights over state land; and
c. right to use building or use rights over management rights.
Article 22 paragraph (3)
In the case of the construction of flats being carried out on land for building rights or
usufructuary rights as referred to in Article 17 letter c, the development agent is
obliged to settle the building rights status or use rights over management rights in
accordance with the provisions of the legislation before sell the relevant sarusun
 
Article 18
Apart from being built on land as referred to in Article 17, public flats and / or special
flats can be built with:
a. utilization of state / regional property in the form of land; or
b. utilization of waqf land
 
The right to land together determines whether or not a person has ownership rights
over a flat unit
If a person / legal entity that is due to the law may not have rights to land with
Ownership Rights or Building Rights, then the UURS also stipulates that the person /
legal entity also cannot have ownership rights over the unit of the apartment
concerned.
 
Development Requirements:
Article 23

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(1) Construction of flats is carried out through technical planning, implementation,
and technical supervision.
(2) Technical planning, implementation, and technical supervision as referred to in
paragraph (1) shall be carried out in accordance with the provisions of the laws and
regulations.
Article 24
The requirements for building flats include:
a. administrative requirements;
b. technical requirements; and
c. ecological requirements.
 
Flats as collateral for debt
Article 12 of Law No. 16/1985
(1) The apartment with the land on which the building stands and other objects
constituting or uniting with the land can be used as collateral for debt by:
a. be burdened with mortgages, if the land is land ownership rights or building rights;
b. shall be charged fiduciary, if the land is the land of use rights over State land.
(2) Mortgages or fiduciaries can also be charged on land as referred to in paragraph
(1) along with flats to be built as collateral for repayment of loans intended to finance
the construction of flats that have been planned on the land concerned and whose
credit is provided gradually in accordance with the implementation of the construction
of the apartment.
 
The ownership rights to the apartment unit as referred to in Article 8 paragraph (3)
can be used as collateral for debt by:
-           Burdened by mortgages, if the land is a land of ownership rights or land use
rights;
-           be burdened by fiduciary, if the land is land of Right to Use on State land.
 
Roya Partial
Article 2 UUHT: Underwriting rights have properties that cannot be divided, unless
agreed upon in the APHT.
There is a new institution in the Flats Law that allows the sale of apartment units by
using Flat Unit Ownership Loans, even though the Flats themselves are being
guaranteed for construction loans.
By paying off, the apartment unit whose price has been repaid and has been used to
pay the installments, is free from the original HT that burdened him, so HT only
burdens the remaining HT objects to guarantee the remaining outstanding debt.

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If the Underwriting Right is removed because of certain reasons, it is necessary to
abolish the Underwriting Right (roya).
With the enactment of the Flats Law, it is possible to abolish part of the Mortgage
Rights  (Roya Parsial) with conditions that must be agreed in advance in the Deed
of Giving Rights (APHT)

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