Agrarian Law Final Test – Rafie Juliano Devito - 1806174465

ANSWERS:

1A. the main three factors that a developer should consider according to Article 23-38 of Law
No.20 year 2011 is that there are administrative requirements, technical requirements, and
ecological requirements. Administrative requirements that stated in the article are the land right
status and a building permit. Meanwhile technical requirements are the building layout which
includes the location designation requirements as well as the intensity and architecture of the
building and the reliability of the building which includes safety, health, comfort and
convenience. Ecological requirements can be met by assessing AMDAL over the project.

1B. Before the land acquisition process, a legal entity (which is a developer) requires to obtain
Location Permit (Izin Lokasi) as regulated in the Regulation of the State Minister of Agrarian
Affairs / Chairman of National Land Institution (BPN) number 2 of 1999 (PMNA/ka BPN
2/1999) as revised by the Regulation of the State Minister of Agrarian Affairs and Spatial
Planning/Chairman of National Land Institution (BPN) number 5 of 2015 (PMNA/Ka BPN
5/2015). Location Permit (Izin Lokasi) is a permit to the use and usage of the land which is
required for a cooperation to conduct land acquisition for capital investment which is also
functioned as a permit/ license to transfer title and use of the land for capital investment’s
activities.

1C. According to Article 9 of the Ministerial Regulation of the Ministry of of agrarian and
spatial planning No.5 Year 2015, The Decree of Location Permit’s Granted is signed by the
Regent or the Mayor, or the Governor (for Jakarta), after a coordination meeting with authorized
party, the Head of National Land Office. Before the issuance of the permit, there needs to be a
consultation with the people who own the right over the land, upon which application of title is
submitted. According to Article 5 of the Ministerial Regulation, the validity is valid in 3 year’s
time and can be renewed.

2A. According to Article 35 BAL HGB that is owned by PT Bangun Permai can be transferred
by means of sale and purchase. Meanwhile, the former customary land must be relinquished, by
written consent from the concerned indigenous people, to be released and become state land, the
applies for granting the title. Further, dealing with the state land it should apply for an
application for a granting title.

2B. According to Article 18 Of the Law No.5 Year 1960, the expropriation can be done In the
interest of the public, including the interests of the people and the State as well as the common
interests of the people, the rights to the land may be revoked, at the expense of the eligible and in
the manner prescribed by Law.

3A. the land title that is the most appropriate of for the purpose of building the apartment by the
company is Right of Building or HGB. Because PT ABC is a legal entity which cannot have the
right of ownership according to Article 36 of the Law No.5 Year 1960. The validity period is for
30 Years but can be renewed at the request of the right-holder and keeping in mind the needs and
condition of the buildings, the period can be extended to a maximum of 20 years According to
Article 35.
Agrarian Law Final Test – Rafie Juliano Devito - 1806174465

3B. it can be authorized by the national land board and the provincial land offices according to:
§ Government Regulation (“PP”)Number 24 of 1997 substitution of Government
Regulation Number 10 of 1961 regarding Land Registration;
§ Regulation of Minister of State for Agrarian Affairs/Chairman) of National Land Agency
(PMNA/ Ka BPN) Number 9 of 1999 about Procedures of Granting Land Titles and
Cancellation of Land Right and Right of Management;
§ Regulation of Minister of State for Agrarian Affairs /Chairman of National Land Agency
Number 3 of 1999 regarding Delegation of Authority of Granting and Cancellation
Decree of State Land Title as amended by Regulation of Chairman of BPN (PerKa BPN)
Number 1 of 2011 and PerKa BPN Number 3 of 2012.

3C. the obligations that must be fulfilled by the Grantee are:

1) Official Cost
2). Tax for obtaining security title and building upon land (BPHTB)
3). Registration of Title

The evidences of such granting is approved are:

- Land title
- Land Book
- Certificate:
- Copies of land book (juridical data)
- Meansurement letter (Physical Data)

4A. According to Law No.4 Year 1996 regarding Mortgage (UUHT), there are steps in the
procedure of to process a Mortgage Rights, The granting of Mortgage Rights is preceded by a
promise to provide the Mortgage Rights as a guarantee of certain debt repayment, which is set
forth in and is an inseparable part of the loan agreement concerned or other agreements that
cause the debt. Therefore, the procedure is the granting of the mortgage rights which is done by
making Deed of Granting Mortgage Right by PPAT in accordance with the applicable laws and
regulations.

4B. Hak Tanggungan is an accessory of any principal agreement with creates indebtedness
(“accesoir”). The existence, the deletion and the enforcement of Hak tanggungan directly depend
on the payment of the loan secured. The nature of hak tanggungan is that it cannot be
divided/Inseperable, it means that Hak Tanggungan fully encumbers the object and each part of
it. The payment of debt that is secured does not release some objects from the encumbrance of
Hak Tanggungan, but still it encumbers its object for the rest of the debt that is still not paid.
That nature can be exempted if Hak Tanggungan is encumbered to several plots of land and the
payment of the security right conducted by installment in accordance with each value of the land
right, which is the part of the object of Hak Tanggungan that will be released from Hak
Tanggungan. Therefore, Hak Tanggungan will only encumber the rest of the object for the rest
debt that has not been paid. For such purpose, it must be agreed in deed of Hak Tanggungan.
Agrarian Law Final Test – Rafie Juliano Devito - 1806174465

4C. In order to meet speciality aspect, according to article 11 section 1 of Law of HT, APHT
shall mention:
— Name and identity of the parties who provide and hold Hak Tanggungan
— The domicile of each party
— Complete indication of the debt and the secured debts.
— The value of the security (Tanggungan)
— Complete explanation of the object of Hak Tanggungan

4D. the evidence of the the granting of Hak Tanggungan can be seen by the drawing of APHT.
the drawing of APHT can be done in a condition the land is not registered yet. The request of
land right registration is submitted simultaneously with the request of registration of Hak
Tanggungan of the land concerned. APHT is made in 4 duplicates, and all must be signed by
the provider and holder of Hak Tanggungan, witnessess, and PPAT. One copy of the deed is kept
in PPAT office, while the other copy and its documents should be delivered by PPAT to the
Land Office for the need of registration of Hak Tanggungan in 7 days of work at the latest, after
the signing of the concerned APHT (Article 13 Paragraph 2 Law of HT).

4E. According to Article 13 Para (1) of the UUHT, Granting Mortgage Rights must be registered
at the Land Office. And then according to Article 13 Para (3) , The Registration of Mortgage as
referred to in paragraph (1) shall be carried out by the Land Office by making the Land Book of
the Underwriting Right and recording it in the land rights book which is the object of the
Underwriting Right and copying the note on the relevant land rights certificate. Which follows
the principle of publicity when its recorded in the land rights book.

4F. At the stage of granting Mortgage Rights by the giver of Mortgage Rights to the creditor, the
Mortgage Rights concerned are not yet born/ in effect. The Mortgage Right is only born when it
is recorded in a land book at the Land Office. Therefore, certainty regarding the registration of
the Mortgage right is very important for creditors. In order to obtain certainty regarding the
preferred position for the creditor who holds the Mortgage Right, it is also determined that the
Deed of Granting Mortgage along with other documents required for registration must be sent by
PPAT to the Land Office no later than 7 (seven) working days after the signing.

4G. As the evidence of Hak Tanggungan, Land Office issues a certificate of Hak tanggungan,
which consists of:
— Copy of the land book of Hak Tanggungan;
— Copy of the deed of Hak Tanggungan, which is bound into one in a document cover
(Regulation of State Minister of Agrarian Affairs/Chairman of National Land Agency
Number 3 of 1996).
 

II. LEGAL THEORY

1A. land registration is arranged in order to ensure legal certainty or assurance of rights. Starting
from rechtkadaster, we can recognize the origin of soil, types of rights, the owner of the land,
Agrarian Law Final Test – Rafie Juliano Devito - 1806174465

location, size of land and boundaries. These data are collected in lists that are available to be
presented to the public who is interested. The activities include:
 Measuring and mapping (technical cadastre)
 Recording of the title or in the land book
 Providing the title deed

1B. The land certification program from the Government currently provides legal certainty about
the status and legal proof of land ownership in the territory of the Republic of Indonesia in
accordance with Article 19 of the Basic Agrarian Law (UUPA) No. 5 of 1960. The Republic of
Indonesia adheres to a negative publication system. That is, the data in the certificate can be
trusted, until there has been no evidence to the contrary. The disadvantage of the negative
publication system according to Prof. Aarie is that there is no certainty over the legality of the
certificate because at any time it can or may be sued and canceled if it is proven that the
publisher is not valid. this is also the role of passive land / adaster registration officials who do
not support the accuracy and correctness of the data contained in the certificate. the third is the
mechanism of work of cadastral officials who are less transparent, less understood by ordinary
people.

2A. To facilitate sale and purchase of land, the functions of land registration are:
a. To strengthen the evidence, because the transfer of right is recorded on the land book and
land certificate and the current holder is recorded;
b. To expand the evidence, since with the registration, the sale and purchase transaction will
be known by the public or anyone who is interested.

2B. Application of land title is a way to acquire an available land. There are five types of
title/Land Rights (primer Land Rights/ titles) that can be acquired from state land namely: (1)
Right of Ownership (HM); (2) Right of Exploitation (HGU); (3) Right of Building (HGB); (4)
Right of Use (HP); (5) Right of Management (HPL).

2C. Hak Tanggungan's Encumbrance is an application by a Hak Tanggungan to an object for

making it a collateral to the loan agreement. This is a guarantee if the debtor fails to pay the
debts and the creditor can execute the land or object that is the collateral for the debt
immediately. But the execution of the guarantee must first be imposed on mortgage rights, so
that it can be enforced immediately. Hak Tanggungan's encumbrance may be used in a loan
agreement with a collateral on land for a security.

3A. what is owned jointly or a Joint Section is a Parts of flats that are not separately owned for
joint use in a unified function with the apartment. what is owned privately in the apartment is
parts of the apartment that are used for separately and privately and is not used for together for
example each room of the apartment.

3B. According to Article 17 of Law Number 20 of 2011 regarding apartment, an apartment can
be constructed within land titles of Hak Milik, Hak Guna Bangunan atau Hak Pakai atas negara
and Hak Guna Bangunan atau Hak Pakai di atas Hak Pengelolaan.
Agrarian Law Final Test – Rafie Juliano Devito - 1806174465

3C. The residents of an apartment should form an association of residents (PPPSRS). PPPSRS
that has been mandated by the owner of the apartment and has its status as a legal entity.
PPPSRS is obliged to manage the owners and residents' interests, which are related to ownership
of common parts, common facilities, common land and residential matters. The developer
should facilitate the establishment of PPPSRS before the transition, 1 (one) year at the latest
since the transfer of ownership of the unit to the owner. After PPPSRS is established, the
developer should immediately transfer the management of common parts, common facilities, and
common land to the PPPSRS. Afterwards, PPPSRS could form and assign a committee.