SUMMARY OF AGRARIAN LAW UTS

PRELIMINARY
 Article 33 (3) The 1945 Constitution = Earth and water and
natural resources contained therein are controlled by the state and
used for the greatest prosperity of the people.
 Earth = The surface of the land, the body of the earth beneath
it, and that which is under water
 Space = Space on earth and water
 Excavated materials = Natural wealth contained in the earth
(chemical elements, minerals, etc.)
 Agrarian Law = Group of various legal fields that regulate
tenure rights

UNDERSTANDING AND SCOPE OF AGRARIAN LAW

1. In the broadest sense
A set of laws that regulate laws governing the right of control over
natural resources which include the earth, water, and natural
resources contained within it, including space.
Then the scope of the Agrarian Law includes:
-           Land Law (agrarian law in the narrow sense), regulated in the
LoGA
-           Water Law, regulated in Law No. 11 of 1974, amended by Law
no. 7 of 2004 concerning Water Resources
-           Mining Law, regulated in Law No. 4 of 2009 concerning
Mineral and Coal Mining, and Law No. 22 of 2001 concerning
Oil and Gas
-           Fisheries Law , regulated by Law No. 31 of 2004 as amended
by Law No. 45 of 2009
-           Forestry Law , regulated in Law No. 41 of 1999
-           Law that regulates the rights of control over elements in
space

2. In a narrow sense
Land Law.
Agrarian Law in Western Land Law : (written)
 Buku II BW = Eigendom, Opstal, Erfpacht, Gebruik
 Book III BW = Buy and Sell and Rent Land
 Book IV BW = Expired / Acquisitieve Verjaring

Stage of Buy and Sell in West Land Law :

 Agreement Phase
 Stage Juridische Levering

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 Land = Earth's surface, including the body of the earth, water,
and space above (Article 4 of the BAL)
However, for the body of the earth, water, and space above it is
only limited to its use and not its ownership (there is a limitation
for someone who has an individual right on land that is not able
to use / exploit / exploit the body of the earth, water and space
above)
Understanding of land in:
 Juridical = Earth's surface (two dimensions)
 Usage = Space (three dimensions)
Soil = Land; Land = Land
Horizontal Separation Principle :
-           The principle of land law
-           Buildings and / or plants are not part of the land
-           Ownership of land rights is not necessarily ownership of
buildings and / or plants on it
-           PPAT must write in the deed with the words "Land and
Buildings" if you want the building and / or plants above the
land to be recognized as their own
Agrarian principles in other countries :
 Accessie principle / attachment (if you buy land, you must buy
buildings and vegetation above the ground as well) = Malaysia,
Singapore
 Ownership States = Arkansas, Kansas, Missipi, Ohio,
Pennsylvania, Texas, West Virginia
 Petroleum, helium, gold, and silver in the control of the
country = New South Wales
There is a religious nature in Indonesian land law (Legal basis =
Article 1 paragraph (2) UUPA namely "... the territory of the
Republic of Indonesia as a gift of God Almighty ...")
The conception of national land law is the existence of religious
communal rights / Land that is shared
 
LINE OUTLINE OF LAND LAW IN INDONESIA
1. Old Land Law (Before UUPA)  Before September
24, 1960
a. Customary Land Law  unwritten and from
the beginning was valid among the indigenous
people of Indonesia before the arrival of the
Portuguese, Dutch, English and so on
b. Self-Defense Law entire land regulation
specifically applies in the self-esteem region
(Sultanate of Yogyakarta, Surakarta, and
Deli.) Material rights can be established on self-
government land, such as eigendom rights,
erfpacht rights , installation rights , and so on.

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 c. Land Law Administration  provide a legal
basis for the authorities or the state to implement
land politics and give special authority to the
authorities to take actions in the land sector. Wet
Agrarische 1870.
Cultuurstelsel applies
d. Inter-Group Land Law  not written, but in
the form of a court decision that becomes
jurisprudence and the opinion of experts or legal
scholars .  complete relations between groups
concerning land issues in accordance with the
division of the Indonesian population
e. Types of Mastery Rights on Land in Indonesia and
Regulations in the Land System before the LoGA
d. Indonesian Land Rights : all land that is not
regulated by Western land law. :
 Written method, which applies in Indonesia to
indigenous people from the beginning  customary
land law
-           Customary rights  common rights
-           Customary land law only recognizes two kinds of
rights as a general form, namely:
a. Right to use
b. Right of ownership
Of the two general forms, special forms have
emerged, for example the right to profit sharing,
the right to have a house, or overlapping the
yard.
Not registered in writing, but clearly the
limits. Land rights are respected by every citizen,
legal interests are guaranteed. There are those
who violate the social sanctions.
There are also gogolan or pekulen  land owned
jointly by villagers who first occupied the land
and their offspring.
 Written rules, created by:
-           Self-Governing
Government  Self-  Law  part of customary
land law written
Self -governing lands: people have
use rights called anggaduh kagungan dalem (in
Java)   similar to hereditary property rights.
There is an apelase stelsel king gives land
as a gift to family members or their relatives who
are meritorious or loyal to their
livelihood.  accompanied by delegation of the
right of the king to the apanase holder to collect

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 a portion of agricultural produce from the people
who work on it.
-           Netherlands Indies Government
b. Western Right Land
 Norms / methods are individualistic
 Ancient Dutch Law:
-           Written
-           Not written: regulations concerning private land
leases
 After 1848:
-           Book II BW regulates institutions: eigendom,
opstal, erfpacht, gebruik
-           Book III BW regulates:
a. The problem of buying and selling
land consists of 2 stages: juridical
agreement and levering
b. The problem of leasing land
-           Book IV BW
Organization  expiration expressed as a
remedy for eigenaar. Eigendom rights can be
obtained through expired institutions.
The installation rights, erfpacht, gebruik can be
charged on the land of eigendom rights and state
dominions.
Rights erfpacht = right to exploit or use someone else's
land  land or land eigendom eigendom the country.
 Wet Agrarische 1870  basic regulation, a
regulation implementing that Agrarische
Besluit  regulated that domein verklaring is all
land which cannot be proven eigendom rights are
state land.
The state may have ownership rights.
So before the LoGA, lands in Indonesia are as follows:
 The Land of Self-Reliance :
 T anah Domein State
-           Free  controlled by MHA as shared
property (= communal land)
-           Not free  have individual citizens with
ownership rights, business rights, etc.
 Land of eigendom rights  owned by an
individual based on BW provisions
 Other western rights land  land with
erfpacht rights, opstal rights, gebruik rights
 Land rights exist

ESTABLISHMENT OF LAW AND DEVELOPMENT OF LAND LAW

IN INDONESIA

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1. Function of LoGA :
a. Eliminating the old dualism of legal
land  creating unification and codification of National
Agrarian Law (Land) based on customary (Land) law
b. Unification of land rights and collateral rights to
land through conversion provisions (2nd dictum of BAL)
c. Laying the legal foundation for the development
of the National Agrarian Law (Land)  example: Article
17 of the LoGA concerning Land Reform
2. The purpose of the LoGA :
a. Creating unification of agrarian law by:
i. Declare no longer applicable legal rules of
the old land
ii. Declare the enactment of the National Land
Law
b. Creating the unification of tenure rights over
land through conversion provisions
3. Conception of National Land Law
Agrarian Law in Indonesian Positive Law = LoGA, TAP MPR IX /
2001, Law 26/2007, Article 33 of the 1945 Constitution
National land law came into force since September 24, 1960 and
contained in Law no. 5 of 1960 / UUPA
National land law before there is a LoGA:
 There is domein verklaring / Statement of ownership
stating that all land               ownership rights that cannot be
proven, then the land belongs to the state / the
Netherlands              (this raped the rights of indigenous
people who at that time many did not have
certificates               on the land)
 State position is a civil legal entity as land owner (state
land)
 There is a dualism of land law (western law for foreign
and eastern European groups, and law               custom for
indigenous groups)
 The existence of legal pluralism which was born due to
the dualism above (the basic provisions
are               customary law and western law, while the
complementary provision is the law of land
between               group, administrative land law, and self-
governing land law)
The characteristics of national land law after there is a LoGA:
 S already exists unification and codification of land law
 Land functioning socially (there is a balance between public
interest and                 personal interests)
 Land for the greatest prosperity of the people
 The establishment of the LoGA is based on customary law
 There is an obligation to actively cultivate their own land
by                 the owner

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 There must be no extortion (no exploitation should be done by
par l'homme)
The LoGA ended the enactment of the rules of colonial land
law, and at the same time ended the dualism / pluralism of
land law in Indonesia and created the foundations for the
development of a single national land law based on customary
law as the original national law
BAL removes land rights and mortgages at the KUHPer
(Chapter 2 KUHPer)
Comparison of circumstances after the LoGA
 Legal status:
o Pre-UUPA = Dispersed (West Land Rules, administrative
land rules, customary land rules               administration,
etc.)
o Post-BAL = One object and systematic
 Country position:
o Pre-UUPA = Owner / body of civil law (The state can be
allowed to own land)
o Post-BAL = Ruling / Regulatory Agency = The state
cannot be owned               land (only limited to mastering)
/ Who owns a citizen (legal basis = Article 2 paragraph
(2)
 K edudukan rights:
o Pre-UUPA = Western rights, customary rights, self-
government rights
o Post-UUPA = Unification in rights (Old land rights have
been converted by               UUPA )
 Position of land that is not burdened with any personal rights:
o Pre-UUPA = State-owned land = Land owned by the
state
o Post-UUPA = State land = Land directly controlled by
the state
The substance of the authority to control the state:
 Determine and regulate the rights that can be owned by the
subject of land law
 Regulate and organize land use, use, maintenance
 Regulate legal relations between people and legal actions that
control the land
National land politics:
 About what land use and allotment
 The politics of Indonesia's national land = Article 33 paragraph
(3) of the 1945 Constitution = "... is used for the greatest
prosperity of the people ..."

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The scope of national land politics = Scope of the definition of
agrarian in broad sense
 
RIGHTS OF LAND CONTROL ACCORDING TO NATIONAL LAND
LAW
Land rights give authority to the right holders to use the
land  general authority .
The authority to use land  using the earth's surface  is
naturally extended to include also:
-        Part of the body of the earth beneath it
-        Some of the space above it
What is expanded is its use, not ownership .
 
Understanding
1. Mastery and Mastery  physical and juridical, civil and public
aspects
a. Juridical mastery  based on rights, protected by law,
giving authority to the right holders to master physically
2. Tenure rights over land
Legal relations that give authority to do something to the legal
subject (person / legal entity) to the legal object (land controlled).
2 Land Rights Mastery Theory :
1. As a Legal Institution: it is static, has not been
connected with certain subjects and objects  A set of rules.
2. As a concrete legal relationship  when it has been
linked to a subject or object
Example: A has land, land is pledged to a Bank with Mortgage
Land Types: (PP No. 40 of 1996)
1. Land of the State: Primer rights can be imposed on land
= land controlled by the state on the land is not attached to
other individual rights
2. Land Rights : Secondary land rights can be charged =
individually controlled land with primary land rights
3. Land Management Right (General Explanation of
Domestic Investment No. 1 of 1977)
System of Tenure of Land :
 Set the contents of the authority according to the
type of rights
 Regulate rights and obligations
 Give restrictions in the form of restrictions

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National Land Tenure System :
 Regulate relations between landowners (the
Indonesian people) and their land (the rights of the Indonesian
people)
 Regulate relations between the Republic of
Indonesia and the Indonesian Nation (There is a delegation of
authority)
 Regulate the relationship between the state and
land in the territory of the Republic of Indonesia (the right to
control the state as stipulated in Article 33 paragraph (3) of the
1945 Constitution)
Distribution of control rights over land according to their
authority
 Has general authority
 Special authority
-           Indonesian nation's rights (Civil Code - Public)
-           State Ownership Rights (Public)
-           Customary rights of indigenous people (civil - public)
Types of Mastery Rights on Land
Hierarchy of Tenure Rights in Land in National Land Law:
1. The Right of the Indonesian Nation : the highest tenure
rights over land  Article 1  civil and public aspects
Ulayat rights and individual rights to land, directly or indirectly, all
come from the rights of the Indonesian people.

The nation gives a mandate to the state to give individuals land

rights.
The rights of the Nation are indicated by the statement
of Article 1 paragraph 2 which states that, " All earth, water,
and space, including natural resources contained in it, within the
territory of the Republic of Indonesia are the earth, water and
space of the Indonesian people"  there is no land in Indonesia
which is " res nullius " (no man's land).
Article 1 verse 3 : Relations between the people of Indonesia
and the earth, water and space are eternal relationships .  long
as the people of Indonesia still exist, and as long as there are still
earth, water, and space in Indonesia, no power will be able to

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decide or eliminate this relationship  become the philosophical
basis of the struggle to restore West Irian.
-           Elements of civil Rights of the Nation: the soil together =
national wealth (Article 1 (2))  belongs relationship between
the Indonesian people and the land along  no ownership
relationship.
-           Elements of the Public Law of the Right of the Nation : the
task of managing in the form of regulating and leading the
control of shared land use  driven by the mandate of God
Almighty over natural resources in Indonesia.
 
2. Mastery Rights of the State  Article 2  public opinion
 The name given by the LoGA
to legal institutions and concrete legal relations between the
State and Indonesian land
 The duty of authority in the agrarian sector must
remain with the Central Government  delegation of the
implementation of some of that authority to the Region can be
carried out in the form of "medebewind".
 Subject of the right of control of the state: the
Republic of Indonesia organization of power of all the
people of Indonesia
 The right to control from the state covers all land
in the territory of the Republic of Indonesia, both land that has
not / has not / has been abused by individual rights
 State Land / Land that is directly controlled by the
State: rights that have not been given individual rights by the
LoGA.
 State lands include:
-           Endowments  land that has been represented
-           Land management rights  land that is controlled by
management rights, which is the delegation of the
implementation of part of the authority of the Mastering
Rights from the State to the rights holders.
-           Land of customary rights
-           Land of the People
-           Forest Land Lands  controlled by the Ministry of
Forestry  partial transfer of authority from the State
-           The remaining lands  not waqf land, not
management land, not ulayat rights land, not clan land,
not forest area  actually directly controlled by the state.
 
3. Customary Rights of the Customary Law
Community  Article 3  civil and public aspects
The existence of joint rights of members of customary law
communities over land.  land is believed to be an occult
force inherited from the ancestors of the customary law
community (MHA)  the main supporting element for the life of
MHA  religious communalistic .

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Remember! Territorial MHA (village, clan, nagari, and huta) and
Genealogical MHA (tribes or people in Minangkabau).
As members of the MHA, each individual has the right to control
and use part of the land together to meet personal and family
needs  land tenure is individual .
Land management together to meet the needs of MHA: conducted
under the leadership of Chief Indigenous  example: land for
cattle grazing together or land to the market, and so on.
Individual rights must keep in mind the common interests of the
MHA  element of togetherness.
-           Civil aspect: there is a right belonging to a joint together
-           Public aspect: the obligation to manage, regulate its
use  assignment was left to the Customary Chief, but the
ownership rights to the common land remained with the MHA,
not transferred to the Customary Chief.
Joint rights are not proprietary rights in a juridical sense, but
rather the common right of ownership  possibility of
ownership rights to land that is privately controlled by members
of the MHA.
Not every area of customary rights still exists.
Article 3 of the LoGA: "... implementation of customary rights
and similar rights from MHA, as long as in reality there are still ..."
Ulayat rights must be carried out in such a way  in accordance
with national and state interests  may not conflict with
higher laws and regulations.
              Examples of implementation of customary rights that
hinder the Government's large business:
              The government has difficulty obtaining land for the
implementation of a modern agricultural project business in
Waytuba (South Sumatra) towards 1960  MHA is only willing to
surrender its land with non-frivolous conditions.
Unused land rights will not be revived.
Customary Rights will not be registered.
 
4. Individual / individual rights  civil aspects
Rights that give authority (in the sense of mastering, using, and
taking advantage of land) to use land according to the types of
land rights granted .  for the sake of and in meeting their
personal and family needs .
Source from national rights which are joint rights.
a. Land Rights (Article 4) :
i. Primary: land rights that are directly
sourced from the Rights of the Nation
Primary rights are given directly by the state.
How to get: submit an application to the country.
Initially, primary rights land was state land
Those who have primary rights have physical and
juridical authority over the land.

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 There are only 4 primary land rights , namely:
        Right of ownership
        Cultivation Rights
        Right to Build, given by the State
        Right of Use granted by the state
ii. Secondary: land rights that are not directly
sourced from the Rights of the Nation .
Provided by the state indirectly.
How to get: through an agreement to grant rights with
other people.
Based on the rights of other parties.
Initially the land was land rights (land that was burdened
with other people's primary land rights)
        Hak Guna Bangunan provided by landowners
        Right of Use granted by landowners
        Lien
        Right of Profit Sharing
        Renting Rights
        Rental Rights
b. Endowments (Article 49)
c. Guaranteed
land rights: Underwriting rights (Articles 23, 33, 39, 51
and Law 4/1996)
d. Right to apartment units
e. Temporary rights  at one time these rights as
legal institutions will no longer exist.
It is considered temporary because it is not in accordance with
the principles of national land law  these temporary rights
can lead to relations that are extortion by the owner of the
land to the party who cultivates the land.  contrary to Article
10 of the BAL (agricultural land must be done or self-managed
by the owner)
(Agrarian book Boedi Harsono's description number 128: the
position of land as a legal institution  point E: temporary
rights )
Temporary rights provide authority
to control and cultivate agricultural land belonging to
others .
Consists of :
i. Lien
ii. Renting Rights
iii. Profit Sharing Rights
(In the Agra book outline number 118: Property rights to Flats Unit is
not ownership rights over land, but rights to a certain apartment
unit, which according to Law 16/1985 on Flats consists of also a
certain portion equal to the proportionate value of the right to the
shared land above where the apartment is standing)
LAND RIGHTS :

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Equation of all types of land rights: can use the land in accordance
with the type of rights owned.
The purpose of land use is: to be cultivated (for example: farming,
plantation, fisheries / ponds, livestock) and places to build
something (eg building buildings, water buildings, road buildings,
sports fields, ports, tourism, etc.)
Land rights are only limited to land surface (space above ground
level and sub-surface space controlled by the state)  Article 8
UUPA  Rights to land do not include ownership of natural
resources in the body of the earth beneath it
Restrictions on Owners of Land Rights
 General restrictions : Use of such authority may
not cause harm to other parties or interfere with other parties
There must be no abuse of rights (for example: HGB land is not
justified for use in agricultural businesses, because the right is
specifically for buildings)
 Land Use Plan / Land Use Plan, provisions
regarding commensurate lines, some parts of land that can be
built, building height limits, and other government regulations
 There should be no extortion practices (Article 10
paragraph (1) and Article 11 paragraph (1))
 Does not cover the ownership of natural wealth in
the body of the earth beneath it (Article 8)
 Horizontal Separation Principle = not by itself the
rights to land include the buildings and plants that are on the land
being hijacked.
 There is a maximum and minimum land area
(Article 17 of the BAL)
 May not harm other parties / disturb other parties
(Article 7 of the LoGA)
Obligations
All land rights have social functions (Article 6) :
-           The land is not used solely for personal gain, especially if it
causes harm to the community
-           It must be adapted to its circumstances and the nature of its
rights  example: if agricultural land is not used for non-
agriculture
-           The interests of the community and individual interests must
compensate each other  individual interests are not pushed
to the public interest (evidence: There is compensation)
-           It is not permissible to let the land not be utilized
-           Land use must be in accordance with spatial planning
-           Land is not a commodity of trade
-           Land cannot be used as an object of mere investment

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 -           High soil must not block water from passing through the soil
so that lower soil can get water.
-           If there is a groundwater source, then that person cannot
prevent others from accessing the source (PP 40/1996)
-           Land prices are controlled by the government
 The obligation to work on / actively cultivate the
land (Article 10 of the BAL):
-           It is not limited to land owners only, but every one that has
something to land rights, such as business use rights and
primary usufructuary rights (does not mean that all work on
that land must be done alone , but most importantly that
those who have the rights directly participate in the
production process)
-           Only regarding agricultural lands (holders of lease rights,
liens, and entitlements to profit sharing are not subject to this
obligation)
-           Exceptions: only for people who are sick, elderly people,
pilgrims, etc.)
 Obligation to maintain the land that is abused
( Article 15 of the LoGA, Article 52 paragraph (1)) :
-           Maintenance according to methods commonly employed in
the area concerned, according to the instructions of the
relevant office.
-           Not only charged to the owner, but also to every person,
legal entity or agency that has a legal relationship with that
land
-           Keeping the land while maintaining the environment, does
not pollute the environment
-           Maintaining the function of protecting the area
All rights to land can be sold / secured, except for special
use rights (while paying attention to the citizenship of the subject)
Basic Provisions on Land Rights Regarding Subjects :
1. Principal Provisions
a. Nationality Principle (Article 9 of the BAL): only
Indonesian citizens can have a complete relationship with
the earth, water, space, according to the limits specified in
Articles 1 and 2)
b. Basic Democracy / Popularism (Article 9 of the
BAL): Every Indonesian citizen, both male and female, has the
same opportunity to obtain land rights and to benefit and
results, both for himself and his family.
2. General requirements:
a. There is no freedom in transferring land rights  there
are conditions that must be fulfilled by the subject
For example: for Property Rights: the subject must be a single
Indonesian citizen and legal entities appointed by the
Government (Article 21 paragraph 1, 2 and 4)

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 b. Every Indonesian citizen is allowed to control the land
with any rights, unless explicitly there is a prohibition that does
not allow it (example: management rights cannot be given to
the natural person)
c. There is no difference between fellow Indonesian
citizens from racial or gender differences, but from their
economic position.  guaranteed protection for the interests of
economically weak groups
d. Legal entities and foreigners are only open to the
possibility of controlling the land with a right, if it is expressly
stated in the relevant regulations (Example: Articles 30 and 36
for BHI for HGU and HGB. Article 42 for foreigners and BHA for
usage rights)
e. The legal status of the land does not follow the legal
status of the rights holder  legal actions regarding land which
are included in land law, are settled according to the law that
applies to their land, not according to the legal rights holders,
who can be national, can also be foreign.
f. A land right is affected by the status of prospective
rights holders or rights holders  example: Property rights will
not be granted to foreigners or legal entities that do not meet
the requirements.
c. Special Provisions :
b. Indonesian citizens who have dual citizenship
are distinguished in terms of land ownership from other
Indonesian citizens.  Indonesian citizens with dual citizenship
cannot own land with ownership rights.
c. A person's work is sometimes a determining factor for
having rights to land  example: Those who are allowed to
become cultivators in the agreement for agricultural land
products are only peasants, namely those whose basic
livelihood is cultivating land for agriculture
d. A person's residence can also be a determining factor
for the possibility of having a land right  may not have
absentee land (outside the sub-district where the landowner
lives)
Main Provisions concerning Objects in National Land Law :
1. K Principal Provisions = Land rights are rights to the surface of
the earth called land (Article 4 BAL) = The object of land rights is
land (surface of the earth)
2. Special Provisions:
a. Type of soil
i. The object of agricultural land = Right to use the
business, the right to profit sharing
ii. The object is building land = Building use rights
iii. The object is agricultural land or building land =
Property rights, usufructuary rights, etc.

14
 b. Location of land : Prohibition of guntai agricultural land
ownership
c. Area of land = There is a maximum and minimum limit
of the area of land that is climbed
d. Duration of rights = There is a time limit for the control
of land
RIGHT TO LAND AS CONCRETE LAW RELATIONSHIP
The creation of land rights :
 Converge old rights , namely:
-           Eigendom's rights become Hak Milik, if on September 24,
1960 the owner was a single Indonesian citizen.
-           Eigendom's rights have a Foreign State government
(embassy, consul)  being the right to use
-           Indigenous Rights, Agrarian Rights of Eigendom, Grant
Sultan Rights  Ownership rights
-           Erfpacht rights for large plantations  HGU
-           Erfpacht rights for housing and installation rights  HGB
-           etc.
 Granting rights (primary land rights)  requesting
rights requests, directly related to the state
Provision of rights is carried out by issuing a Decree on the
Granting of Rights by the authorized official followed by
registration at the Regency / Municipality Land Office
HGU, HGB and Right to Use on State Land: given with the Decree
of the National Land Agency  born after being recorded in the
land book
HGB and the Right of Use for the Right to Ownership
land  related to the deed PPAT
 Agreement for imposition of rights (secondary land
rights)  only for property rights
 According to customary law
Example: Opening of Ulayat Land
Imposing rights
 Imposition with other land rights
Example: ownership rights are burdened with other land rights,
such as HGB, Use Rights, Rental rights, Mortgage Rights,
Production Sharing Rights, Right to ride
There are no provisions that allow property rights to be burdened
with the HGU because the agricultural land subject to ownership
rights is definitely limited.
Imposing Property with HGB  PPAT deed.
 Imposition with Guaranteed Rights on Land
-           Land security rights : rights that exist with creditors, who
authorize him if the debtor is injured in the promise to sell the
collateral land and the proceeds of the sale are used to pay off
the debt.

15
 a. Droit de preference : the previous
right of the creditor to take the proceeds from the sale of
collateral land to pay off the debt
b. Droit de suite: collateral rights to land
continue to burden the land that is used as collateral, in
whose hands the land is located
-           Mortgage right
Transition of Land Rights
 Because of legal events
Example: inheritance without a will  legally, the right to the
inheritor's land goes to his heir
 Because of legal actions   legal actions
alienate land rights transferred to other parties via:
purchase, exchange, donation, according to the customs
administration, revenue in the company (inbreng), grant-wills
(legaat).
Remove Land Rights
 Because of legal events  Article 27, 34, 40 UUPA.
The abolition of land rights must be declared by decree of the
authorized official
 The expiration of the relevant period , does not
allow for an extension, and is not requested for renewal of rights
Article 29 UUPA: The maximum period of HGU is 25 years, for
companies that need a longer period of time can be given a HGU
with a maximum period of 35 years.
HGB: 30 years at the most, extended to a maximum of 20 years
Right of Use on state land: 25 years, extended to a maximum of
20 years
Land use rights: 25 years, cannot be extended
 Because of the release of rights
 If canceled by the authorized official  sanctions
for not fulfilling certain obligations / violation of the prohibition by
the right holder.
Example: HGU is deleted because it is abandoned
 Remove due to law  because an obligation is not
fulfilled or the prohibition is violated.
Example: Delete HGB, Property due to law, that is because the
rights holder does not fulfill the subject matter rights concerned
or neglects to release or move it within the specified time.
 Revocation of rights  dilakukan semata-mata
bagi kepentingan umum
 
For development implementation. There should be compensation
1.                                                                The land is destroyed

Differences on cancellation of land rights and revocation of land

rights:

16
 -           Canceled: procedure errors, subjects, limits, etc.
-           Revocation: withdrawn by public interest
If the rights have been deleted      the land became a state land
 
DESCRIPTION OF THE LANDS ON THE LAND:
Ownership / Guardianship
1. Article 20 - 27 of the UUPA,
                                                               

Article 50 paragraph (1) and Article 56 of the UUPA

2.                                                                The hereditary, the strongest,

the fullest      authorize the use of land for any purpose       There

is no time limit for mastery, no limit on the scope of land use
-             Strongest: ownership is not easy to remove and destroy, easy
to defend against the rights of others      must be registered
-             Fully: the authority of the most full rights holder, is limited to
the provisions of Article 6 of UUPA       Can be used for anything,
both in agriculture and non-farming
-             From generation to generation :   unlimited time span      can
change due to legal actions and legal events.
1.                                                                Not a custom property, not an

eigendom right
2.                                                                Subject:

-             Indonesian Citizens who are single citizens

-             Legislative bodies set by the Government in accordance with
the provisions   applicable legislation   (Article 21 section (2)
UUPA)
Regulated in PP 38/1963:
1.      Banks established by the State
(State Bank)
2.     Agricultural Cooperative Societies
established based on Law No. 79/1958
3.      Religious bodies, appointed by the

Minister of Agriculture / Agraia, after hearing the Minister of

Religious Affairs
4.     Social agencies, appointed by the

Minister of Agriculture / Agrarian, after hearing the Minister

of Social Welfare
(The average legal entity that can own property is legal
entity   non profit   )
1.                                                                Property of   can not   owned by:

(Article 21 paragraph (1) and paragraph (3) of UUPA):

-             WNA
-             Indonesian citizenship
-             Citizens who have a mix of property /    shared property   with
WNA
Remember!

17
 Common property = Property acquired during marriage (Marriage Law)
Personal property = Property inherited from each husband or wife and
property earned each as a gift or inheritance during the marriage
(   personal property under their own control, as long as the parties do not
specify otherwise).      THE RIGHT TO BEFORE THE PRESENCE
INCLUDING PERSONAL PROPERTY
-             Citizens who change nationality to WNA
-             WNA who are entitled to property from a heritage without a will
of WNI (WNA who has an elderly citizen)
Article 21   paragraph (2): there is a 1 year period for the WNA
to release or transfer the property.
Article 26 section (   2):   when the WNA gets
ownership   because of legal action (sale, conversion, ransom,
gift of will and other acts)      null and void.
1.                                                                Duration: unlimited

2.                                                                The use of land by the non-

proprietor is restricted and governed by statutory law (Article 24

UUPA)
3.                                                                Features:

-             Must be registered according to PP 10/1961 jo. PP 24/1997

-             From generation to generation
-             Can switch over inheritance
-             Must   transferred to another qualified party
-             Released
-             Can be used as collateral for debt with Dependent Rights
-             Can be burdened with other land rights    (HGB, Right to Use,
Lease Rights, Mortgage, Revenue Shares, Passenger Right)
-             Can be treasured (Article 49 UUPA)
1.                                                                Rightsholders Rights:

-             Can use
-             Can collect results
-             Can take any other legal action
1.                                                                The occurrence: According to
Article 22 UUPA:
-             Customary Law
1.                                                                                The opening of

the Ulayat soil section

2.                                                                               Aanslibbing

(tongue tongue)
-             Government Decision
1.                                                                                Grant new
rights
2.                                                                               Changes from
HGB to Proprietary Rights
-             Because of the Law   (under the terms of the UUPA Conversion
on September 24, 1960)
1.                                                                Delete it:

18
 -             Land became state land, because:
1.                                                                                Revocation of
rights
2.                                                                               Released

voluntarily
3.                                                                                Revoked for
public benefit
4.                                                                               The land is
abandoned
5.                                                                                The land is
diverted to WNA
-             The land is destroyed
Right to Use
1.                                                                Article 28 - 34 of UUPA,
Article 50 jo. 52, Articles 51 and 52
2.                                                                The right to cultivate state land,

for a limited period of time, to use farming companies, fisheries,

livestock   , plantation   .      limited to those 4 fields only.
3.                                                                The right of exploitation is not

an erfpacht right
4.                                                                Subject:

-             Indonesian citizen
-             Legal Entities established under Indonesian law and domiciled
in Indonesia
1.                                                                Properties and characteristics:

-             Must be registered
-             Can switch to heir
-             Can be moved
-             Limited time limit
-             Can be released by HGU Holder to become State land
-             Can be used as collateral for debt with Right to Liability
1.                                                                HGU time frame:

-             Longest: 35 years, extended for at most 25 years

-             After that period ends, the rights holder may be granted HGU
renewal on the same land
1.                                                                The Right of Use may not be

owned by:
-             WNA
-             Indonesian citizenship
-             Indonesian citizens who own property with WNA
-             Citizens who change nationality to WNA
-             WNA that gets HGU   of legacy without the will of the
Indonesian Citizens
Article 30 section (2) UUPA:   within 1 year is obliged to release or
transfer HGU land. If not released or redirected       removed by
law.

19
1.                                                                 HGU Land Area:
-             Minimum: 5 hectares
-             Individual maximum: 25 hectares, maximum legal entity: in
accordance with PMNA / KA BPN 2/1999 on Location Permit
1.                                                                The occurrence of HGU

-             Application for rights   to the authorities of the state land

-             If the land is a forest area      after the land is removed from
its forest status
-             If the land has been subject to certain rights       there must be
a right release
-             If the land is owned by another party's plant /
building      plant / building owners are compensated      paid
new HGU owner
1.                                                                Delete HGU:      became a state

land
-             End of period
-             The right is revoked by the competent Office
-             Released voluntarily
-             Revoked
-             Abandoned
-             The land is destroyed
 
Building Use Rights
1.                                                                 Articles 35 - 40, Article 50
jo. 52, Article 55
2. HGB is not Opstal Right
                                                               

3. The right to establish and own a

                                                               

building on the land of the state or belonging to another person,

for a limited period of time
4.                                                                Properties and characteristics:

-             Must be registered
-             Can switch due to legal events
-             Can be moved due to legal action
-             Limited time limit
-             Can be released into State land
-             Can be used as collateral for debt with Right to Liability
1.                                                                Subject:

-             Indonesian citizen
-             Legal Entities established under Indonesian law and domiciled
in Indonesia
1.                                                                Duration:

-             The maximum length of 30 years, extended to a maximum of

20 years
-             If it's up      can renew the HGB on the same ground
1.                                                                HGB can not be owned by:

20
 -             WNA
-             WNI of two nationalities
-             Indonesian citizens who own property with WNA
-             Citizens who change nationality to WNA
-             WNA that gets the right to build buildings from the heritage
without the will of the Indonesian Citizens
1.                                                                Article 36 section (2) UUPA:
Persons or legal entities that do not meet the subject matter and
have a HGB      1 year period, is required to release /
transfer     otherwise, then the HGB   will be removed due to the
law.
2.                                                                Perumnas or private housing
complex      wear HGB      Developer should not have
ownership      There are HGBs that are the rights to secondary
land, making it easier for developers to sell land to prospective
buyers
3.                                                                HGB   only   can be charged on

the ground   property of   .

4.                                                                HGB occurrence:

-             HGB on state land: decision of granting right by Minister /

appointed office
HGB on land management: decision of grant by Minister /
Official appointed on the basis of proposal of management
rights holder
Registered on Land book at land office + certified
-             HGB on the land of ownership: the grant by the holder of title
to the PPAT act      registered with the land office      binding
since enrollment
1.                                                                Delete HGB:

-             End of period
-             Canceled by authorized officer
-             Released voluntarily by the rights holder
-             Revoked
-             Abandoned
-             The land is destroyed
Remove HGB on state land      became a state land
Remove HGB on land management      returning to the control of
the right holder of management rights
Remove HGB on land titles      returning to the ownership of the
right holder
Right to Use
1. Article 41 - 43 UUPA, Article
                                                               

49 section (1), Article 50 section (2) jo. Article 52 UUPA

2.                                                                The right to use is not gebruik

rights

21
3. Rights to   use and / or collect
                                                               

results from   Country land or land belonging to another

person   , which gives the authority and obligation specified in    his
decision letter   by the Authorized Officer to give it or   in agreement
with its landlord   , which are non-mortgages, lease agreements, or
processing agreements or other land use.
-             Using   : can be used as a building
-             Pick up results   : for agricultural business (production factor)
1.                                                                Subject:

-             Indonesian citizen
-             Legal Entities established under Indonesian law and domiciled
in Indonesia
-             Departments, Non-Departmental Government Institutions, and
Local Governments
-             Religious and social bodies
-             WNA, domiciled in Indonesia
-             Representatives of foreign countries and representatives of
international bodies      example:   Embassy
PP   103/2015      Foreigners may own residence or shelter with
Hak Pakai
Land used for public service on average wears the right to use
1.                                                                Properties and characteristics:

-             Must be registered
-             Can be moved      with the permission of the competent
authorities
-             Can be provided free of charge      with payment or gift of any
kind
-             Released
-             Can be used as collateral for debt with Right to Liability
1.                                                                2 types of Use Rights:

-             General Use Rights

1.                                                                                The subject
matter corresponds to the one described above
2.                                                                               Duration: 25
years, extended for a maximum of 20 years / unspecified as
long as land is used for certain purposes   .   Upon
completion of the renewal of the Right to Use
-             Special Use Rights
1.                                                                                The subject:

1.                                                                                               Depa

rtment, Non-Departmental Government Institution,

Regional Government
2.                                                                                               Repr

esentatives of Foreign Countries and Representatives of

the International Bodies
3.                                                                                               Religi

ous Bodies and Social Entities

22
 2. Duration:   Not
                                                                              

specified
2. It happened   :
                                                           

-             HP over Land Country:   Decree of assignment by Minister or

designated officer
HP over Land Management: Decree of Granting rights by the
Minister or the designated Officers on the basis of the proposal
of the management rights holder
HP over state land and over land management rights: since it
was registered by the land office
-             HP over land ownership:   land grant by the holder of a
Proprietorship under the PPAT Act
Registered in the land book of Land Office
HP over land ownership rights binds third parties since its
registration
1.                                                                Delete it   :

-             End of period
-             Canceled by the competent authority, the holder of the right to
management or the right holder
-             Released voluntarily
-             Revoked
-             Abandoned
-             The land is destroyed
-             Rights holders do not qualify as rights holders
Rental Rights
1. Article 44 - 45 of UUPA
                                                               

2.                                                                Use the land of others by paying

the owner money for rent.

3.                                                                Lease rights are not huur
4.                                                                Only for agriculture

5.                                                                Subject:

-             Indonesian citizen
-             Indonesian legal entity
-             WNA domiciled in Indonesia
-             Foreign Legal Entities have representatives in Indonesia
1.                                                                Properties and characteristics:

-             Be personal      can not be redirected without the owner's

permission
-             Can be pledged
-             lease relationship is broken when tenants die
-             It is unbroken when ownership rights are diverted
-             It can not be used as collateral for debt with a Dependent Right
-             Released
-             It does not need to be registered, just by an agreement thrown
on an authentic act or underhanded act

23
1.                                                                 Duration: according to
agreement
2.                                                                 Terjadiny   a: due to agreement
or conversion
3. Land Area   :
                                                               

-             For agricultural land: limited by Law No. 56 / Prp / 1960

-             For building land: no restrictions
Pawn
1. Article 53 UUPA
                                                               

2.                                                                Pawn rights = legal

relationship   between a person with the property of another person
who has received a mortgage from him       authorize him to use or
take advantage of the land
Example: A pawns his land to B. B has received a mortgage from
A      B reserves the right to use / benefit from the land.
1.                                                                Nature and character

-             Limited time limit

-             The right to redeem can turn to heirs
-             Do not end up with the death of the pawnbroker
-             Can be forgiven   other land rights (fixed-   pawn)
-             Can be transferred to a third party
-             Do not delete when land rights are transferred to another party
-             Money pawn can be added
-             The right to be registered under PP No. 24/1997
1.                                                                Period of time   :

-             Agricultural land: 7 years

-             For building land: not certain
1.                                                                Subjects   : WNI

2.                                                                It happened   : because of

peddling or conversion
3.                                                                Land Area

-             Agricultural land: limited by Law no. 56 / Prp / 1960

-             Land of buildings: not certain
1.                                                                Delete it   :

-             Redemption by mortgagee (landlord)

-             Expiration time
-             Revoked for public benefit
-             The land is destroyed
1.                                                                The amount of pawn
redemption money   : (more than 7 years)

24
1.                                                                 Differences in mortgages and
civil liens
-             Land mortgages = creditors can work on land debtor
-             Mortgage rights = creditors can not use / use debtor goods
1.                                                                Differences in mortgages and

landrights:
-             On the right of the lender, the lender does not control the land
that the plaintiff has pledged, but holds the certificate of land
rights (jurisdiction only)
-             In lien, the creditor directly controls the land that is the object
of lien (occupied the land physically only)
Revenue Sharing Right
1. Article 5 AREA
                                                               

2. Right to   cultivate agricultural

                                                               

land   based on an agreement between the owner and a person or

a legal entity called "tenant", pursuant to which agreement the
tenant permits the owner   to carry out agricultural business on the
land concerned, with   the revenue sharing between the two
parties   according to agreement.
3.                                                                Nature and character   :

-             Limited time limit

-             Can not redirect without owner permission
-             Can not be deleted when ownership rights change
-             Do not delete when the worker dies, but delete it if the owner
dies
-             Registered according to specific regulations
-             In time it will be abolished
1.                                                                Subjects   : WNI

-             Distributors produce: Owners, Tenants, Pawn Holders

-             Who can be the tenants: WNI, Farmers / Village Cooperatives
1.                                                                Period of time   : minimum rice

field 3 years; minimum dry land 5 years

2.                                                                It happened   : because of an

agreement or   conversion
3.                                                                Land area   :   maximum of 3
hectares
4.                                                                Delete it   :

-             It expires
-             On the consent of both parties
-             Village head of the owner's demand
-             The land is destroyed
Right to ride
1. Article 53 UUPA
                                                               

2. The customary right to own a

                                                               

house on the land of another person who is not the HGB and the

25
 Lease Right, with the verbal permission of the owner    . The
Rightsholder of the Passenger does not pay anything to the
landowner, but he is obliged to assist the landowner to do daily
light work.
3.                                                                Properties and characteristics:

-             Very weak right

-             No rental payment
-             At any time if the landowner needs his land, the right is
removed
-             From generation to generation
-             Can not redirect
1.                                                                Duration: irregular, depending
on landowners
2.                                                                Subject: WNI

3.                                                                Occurrence: due to agreement

or conversion
4.                                                                Delete it:

-             Termination of relationship
-             Revoked for public benefit
-             Released by the owner
-             The land is destroyed
Rights of Management
1.                                                                 Cited in General Explanation
of section A II (2)
2.                                                                Derived from the right beheer,

that is the right of control over the land that after the UUPA
through PMA no. 9/1965 is converted into landrights under national
land law.
3.                                                                The right of control of a country
whose governing authority is partly delegated to its holder: Article
1 number 2 PP No. 40/1996
4.                                                                Nature and character   :

-             Must be registered
-             Non-transferable
-             Can not be used as collateral for debt
-             Can not be sold
-             Has a civil and public sense
-             Excludes both primary and secondary land rights
-             The state's authority over land management rights is the same
as the state's authority over state land
-             There is   in a strategic aspect (Example: industry, etc.)
1.                                                                Subjects   :

-             Legal Entities established under Indonesian law and domiciled

in Indonesia whose entire capital is owned by the Government
and / or the moving Regional Government    in similar business
activities with industries and ports (SOEs, SOEs)

26
 -             Government agencies include local governments
-             Authority of Authority
-             PT Persero
-             Other bodies appointed by the Government
1.                                                                It happened   : due to the
Government's determination and granted for the duration of the
land is used
2.                                                                Duration: as long as the land is

used in accordance with the provisions of the HPL.

3.                                                                Land Area   : Not restricted,
according to need
4.                                                                Authority of rights management

rights:
-             Planning for land use and use
-             Use land for own use
-             Submitting part of the land to a third party
1.                                                                Examples of HPL: Airports,
Batam Island (managed by industry), etc.
2.                                                                The right of management can

not be sold or secured, BUT the rights above / rights attached to

the management rights can be sold / pledged
3.                                                                If management rights are
removed, the rights above are also deleted
4.                                                                Delete it   :

-             Can be released by its rights holder

-             Revoked for public benefit
-             Abandoned
-             The land is destroyed
THE LEGAL RIGHTS OF THE LAND
1. Land tenure rights = Right to
                                                             

land ownership that gives jurisdiction only (not physically)

2.                                                              Has no physical authority over

land (juridical jurisdiction only)

3.                                                              Land still dominated by debtors,

n   Certain certificates   the land is in the hands of the creditor

4.                                                              Name of landlord agency =
Assets right
RIGHT TO ANY HOUSEHOLD COUNTRY
1.                                                              Strata Titles = allows horizontal

joint ownership in addition to vertical ownership (in the home)

WAKAF
1. Waqf is   legal act wakif to
                                                             

separate and / or deliver part of his or her property for use

indefinitely or for a certain period of time in accordance with its

27
 importance for the purpose of worship and / or general welfare
according to sharia
2.                                                              Wakif: the person who carries his

property
3.                                                              Nazhir: the party receiving the

waqf property from Wakif to be managed and developed in

accordance with its provisions.
4.                                                              Endowment = Right to land, but

not land
5.                                                              Waqf function: to realize the
potential and economic benefits of waqf for the benefit of worship
and to promote the general welfare
6.                                                              The subject of waqf is not
individual nor body   hu   kum
7.                                                              Only the land of reserved
property
 
 

LANDREFORM IN INDONESIA

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Landreform is an effort to equate the land, especially agricultural

land.
2% of Indonesia's population holds 85% of the land.
Rights to Use are basically stronger than ownership.       If one has
a company, the company can use land to 100,000 hectares.
Landreform program   :
1. Prohibition of land ownership exceeds maximum limit
Article 7 UUPA: does not allow control over land that exceeds
the limit

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 Article 1 paragraph (1) of Law no. 56 Prp of 1960: any person
or family can only control agricultural land (his or her own,
belonging to another person, or his or her own
possession)     the amount does not exceed the maximum.
Maximum limit indicator = population density
Population Localization Rice field Dry Land
density per (Hectare) (Hectares)
km2
0-50 Not compact 15 20
51 - 251 Less solid 10 12
251 - 400 Quite compact 7.5 9
Very solid 5 6

 401 and
above
 
Calculate the maximum area   when agricultural land consists
of paddy and dry land   :
Area not compact:   rice field + 30%
Compact region:   wide ta   rice field + 20%
Fully controlled farmland   maximum 20 hectares   .
 
Maximum setting   does not apply   for farmed land:
-      With Rights to Use
-      With other temporary and limited rights obtained from the
government (Use Rights on State Land)
-      Crooked Land / Department
-       By legal bodies
 
Liability of agricultural landowner exceeds maximum limit:
1. Reporting
2. Ask for permission if you want to transfer the land
rights
3. Mastery business does not exceed the maximum
limit set
 
1. Prohibition of ownership of agricultural land by
absentee
Absentee = if the landowner is not in the place where the land
is located.      Article 3 PP No. 224 Year 1961:   the
land   outside the subdistrict   homeowner's residence.
Article 10 UUPA: landlord      to work actively, to use labor
without extortion.

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 Landowners who still own land by absentee, in time    6
months   own   obligation   for:
-             Release and transfer its land rights to residing in the same
district as the land
-             Moving home to the subdistrict where the land is located
Exceptions   :
-             If the subdistrict of land is located in the subdistrict the
owner is directly adjacent      the distance between the
owner and the land can still allow the owner to do the land.
-             Subject:
1. a. Civil servants, military officials, and
those who are in the state
2.  Fulfilling religious obligations

3.              b.  Another special reason

4.              c. Retired civil servants

5.              d. Widow of State and Widowed

Servants of State employees (as long as not marrying

again with non-civil servants or retired civil servants)
 
1. Redistribution of land      first take over land acquisition
exceeding maximum limit (no.1) and absentee land (No. 2)
Set in PP No. 224 of 1961 and PP No. 41 of 1964
Distributed land   (Landreform object):
1. Land exceeding maximum limit: taken
Government      be compensated      the land was
distributed to needy farmers
2. Land absentee
3.  Swapraja and former swapraja

4.  Land directly controlled by the State: formerly

owned land, former land of erfpacht rights, forest land
Recipient receiver   :
Farmer / land labor farmer (Indonesian)       living in the
subdistrict where the land is      strong work in agriculture
Legal status of distributed land   : Land of property
Requirements for recipients of redistribution:
-             Payee redistribution is obliged to pay money for
income      if unpaid can not transfer rights
-             Land is marked
-             Rights must be registered      get a certificate
-             Work on the ground actively
-             The increase in crop yields should be achieved for 2 years
-             Become a member of the agricultural land cooperative
-             If neglecting the obligation      property rights are repealed
without damages
 
1.  Restructuring of agricultural land mortgages

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 Mortgages in customary law:
A landowner, borrows money and pays his land    at B      B as
a mortgagee      A pays mortgage to B
as   flowers   from   debt      A land is still under control
B      if A is capable, then do the redemption.
Mortgages      element   extortion      it is regulated in Law
no. 56 Prp of 1960   :
-       If you have been charged for more than 7 years       the land
is returned to landowners   without obligation to pay
ransom   , a month after the plant has been harvested
-         If less than 7 years old      there is a ransom:

 
1. Restructuring agreements for agricultural land revenue
-      Farmer      land not more than 3 Ha      land belonging to
own tenant / leased land / through profit sharing agreement
-         The agreement was made in writing, in front of the village
head, witness 2 persons, required the ratification of the
subdistrict, the maximum rice field was 3 years old, the land
was 5 years old, extended for a maximum of 1 year.
-        Verified Regent with some considerations
 
1.  The minimum area designation of agricultural land and
the prohibition on land ownership to bag   small parts
Minimum area of land owned by farmers: 2 Hectares
Steps:
-       Extensification / extension with massive land clearing outside
Java
-     Transmigration
-      Industrialization
If step 1-5 is done, then number 6 can be the final destination.  The
target is that every farmer owns the land. As of 2013, farmers have
land less than 2 hectares due to changes in land function from
agriculture to non-farming.
The status of the subject determines the status of the land
that can be mastered
Indonesian citizen BHI (Badan Hukum WNA / BHA (Foreign
Indonesia) Legal Entity)
1.  Pro 1.   Rig 1.  Us

perty of ht to Use e Rights (Article

2. Rig 2.   Bui 24)
ht to Use lding Use Rights 2. Re
3. Buil 3.  Rig ntal Rights (Article

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 ding Use Rights ht to Use 45 of UUPA)
4.    Rig 4. Ren
ht to Use tal Rights
5. Ren 5. The
tal Rights right of
6. Pa management,
wn specifically the
7. Rev legal entity whose
enue Sharing Right shares are state-
8.  Pas owned
senger Rights
 
Embassy      HAK PAKAI      should not be traded.
Who owns the property: Single citizen.
 
Article 21 section (3) of UUPA
Sometimes the WNA can own property       because of it   legal
events   (passive). There are 3 legal events, namely:
-    Inheritance
-     Mixing of property due to mixed marriage    (between WNA and
WNI)
-      Transfer citizenship
Example: Graceful C. Sasmi, WNI was originally WNA.  His father had
land in Indonesia, then he died and the land became a heritage for
the Elegant.
Within 1 year, Anggun had time to move (to the right person)    nor
release (to the country) its heir.       if not exercising its right
automatically void by law      automatically become state
land      however, the rights of others that burden the land are not
affected.
If CNN is married to WNA, then there is a shared property with the
innate property      depending on the marriage agreement as well
(before or at the time of marriage).
If the spouse of WNI with WNA, they are unlikely to buy a land that
belongs to the property   because it will be a common treasure,
unless there is a marriage agreement. WNA couples with Indonesian
Citizens can buy land as long as the land is a land for use.
1 year the time listed in the UUPA does not mean that the WNA can
own land for 1 year; but 1 year is the time frame to release /
move   a   the property rights.
 

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Article 26 section (2) UUPA      Prohibition of transfer of
title      existence of a   legal action
Not free to transfer ownership:
-      Purchase      who bought is only Indonesian   , can not have
WNA with two nationalities   . If the WNA buys, then   The sale is
canceled by law, not the sale sale agreement   .
Remember! The sale and purchase in civil law is different from
the sale and purchase of agrarian law (which is based on
customary law)
The sale in agrarian law has a basis   bright and cash   :
1.     Light = in front of the authorized office

2.      Cash:

1.  Release of land rights

2.   Paid      some do not have the  wrong thing

that there is already a payment

Sale and purchase in civil law has a requirement to
exist   levering juridical      granting land certificate.
Deeds under agrarian law are not parameters of ownership,
nor the legal levering context. The Act is only granted for BPN
(at the time of registration of the land).
Cancel by law   = does not meet subjective
requirements      do not need to be proven
Purchase of canceled by law      the land became state land
 

Article 30 section (2) UUPA

If a person or legal entity does not qualify the owner of the rights (ie
Indonesian Citizens and Legal Entities)      there is a period of 1
year to transfer or release the land.       not immediately canceled
by law.
Article 36 section (2) UUPA
-   1 year for release / transfer of rights, so indirectly null and void
-   WNA does not comply with the HGB (Building Use Rights) subject,
but in fact, many foreigners are buying property, with land status
with HGB land.
-                In practice: There is a PPJB name       Sale and Purchase
Agreement      not in agrarian law.
If the apartment is called Pre-PPJB
 

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