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Content

Type of land rights


documents

Land registration
pathways

Process and
components

Key steps and


approaches

A look into
sporadic pathway
Type of Land Rights Documents
Formal: legally acknowledged and the paramount form of land documents
Semi Formal: legally acknowledged as temporary proof of ownership and necessary to be upgraded to the formal
documents
Informal: Not legally acknowledged

Formal

- Surat Hak Milik (SHM)


- Surat Hak Guna Usaha (SHGU)
- Surat Hak Guna Bangunan (SHGB)
- Surat Hak Pakai
Semi Formal

- Akta Jual Beli (AJB) / Akta Waris / Akta Hibah


- Surat Keterangan Tanah (SKT)
- Surat Pemberitahuan Pajak Terutang (SPPT)
Informal

- Kwitansi pembelian
- Girik
Land Registration Pathways
Categories Pendaftaran Tanah Sistematis Pendaftaran Tanah Sporadis Pendaftaran Tanah Lintas Tanah Objek Performa
Lengkap (PTSL) Sektoral (LINTOR) Agraria (TORA)

Proposed by Village officials or BPN allocation Individual or group of Recommendation from Central Government
individuals local Dinas Perkebunan

Location scope Limited by village boundaries No limitation Limited by land use Limited by land use

Registration object Land used for settlement No limitation Land used for agriculture Land used for agriculture
priority

Quota Limited by local BPN allocation No quota Depend on the quota Depend on the quota

Land document SKT or Akta Tanah Akta Tanah (AJB, Akta Hibah, SKT or Akta Tanah SKT
requirement or Akta Waris)

Cost Subsidised by government or Borne by the applicants or Subsidised by government Subsidised by government
co-funded by third parties sponsor or co-funded by third or co-funded by third
parties parties

Tax payment Can be deferred Must be paid upfront Can be deferred Can be deferred

Timing Simultaneously based on BPN Upon registration date Based on Dinas Based on BPN work plan
schedule Perkebunan agenda
Land Registration Pathways
Feasibility Likelihood

Pendaftaran Tanah Sistematis Lengkap (PTSL). Feasibility depends on several factors:

- Project target location is the same with the designated villages of BPN quota
- There are sufficient number of applications within one village (e.g. 300 parcels)
- Recommended and supported by Bupati, hence the land tax payment can be deferred
Pendaftaran Tanah Sporadis. High feasibility when there’s an appropriate financing mechanism:

- Overall cost of land registration and tax payment can be very expensive, hence applicants
need access to loan or sponsor to finance the registration
- Applicants are required to have AJB or other akta as a main land right document
Pendaftaran Tanah Lintas Sektoral (LINTOR). Conditions that affect the feasibility of LINTOR:

- Aligned interest and successful negotiation with the local Dinas Perkebunan
- The number of applications fall into the quota of Dinas Perkebunan
Tanah Objek Performa Agraria (TORA). Less likely feasible unless there is an existing or ongoing
central government’s plan to land reform in the target locations.
Simplified Registration Process

Need identification and Submission to BPN and Field check and juridical Land certificate issuance &
feasibility study payment of application verification by BPN Juridical distribution
associated costs team and Committee A

1 month 1 month 1-3 month 1-3 month

1 month 2 months 3 month

Landowner decision making Land measurement and field Announcement period and
and documents preparation survey, followed by technical ratification of the results,
validation including conflict resolution if
any
Key Steps & Approaches

Project scoping

- Understand target location & number of potential applications


- Find out he level of land rights documents owned by the target landowners
- Explore sponsorship & partnership scheme
Feasibility study and research into BPN, Bapenda, & Dinas Perkebunan

- Discuss which land titling pathways fit the project needs & BPN agenda
- Align with the BPN work plan and other local government’s (Bapenda & Dinas Perkebunan)
- Research into all associated cost related with land registration
Negotiation

- Technical and cost arrangement with the BPN


- Securing MoU or contract with the BPN
1) Financing
The perceived high out-of-pocket expenses needed to
pay the BPHTB and PPH tax upfront and the unavailability of
cash in hand lower the priority among farmers to get land title.
Improving farmer’s access to finance land titling application
will increase interest and ability to pay for those costs.
Co-financing the government subsidised program also open
for possible integration with PTSL and Lintor.

2) Volume
Success factors Adequate number of applicants will allow better cost
efficiency and improve engagement with the BPN as they
prefer to work with third party in the project with more than 200
applications. With more documents, BPN cost for field check
can also be reduced.

3) Landscape / administrative approach


Landscape and administrative approach will allow better
community buy-in and mobilization. Such an approach also
open rooms for collaboration with the BPN through PTSL and
Dinas Perkebunan through cross-sectoral program.
SPORADIC
Land Registration Pathway
Starting point for Sporadic Land Registration

No. BAH Type Upgraded to Supporting Documents Time

Level 3 KTP, KK, BAH, KTP & KK of


Landowner has Deed of Sale, 1 AJB (Akta Jual Beli) SHM (Sertifikat Hak Milik) previous owner 5 - 12 months
Deed of Inheritance / Grand
documents. Member can apply KTP, KK, BAH, KTP & KK of
for formal land title. 2 Akta Waris SHM (Sertifikat Hak Milik) previous owner 5 - 12 months

KTP, KK, BAH, KTP & KK of


3 Akta Hibah SHM (Sertifikat Hak Milik) previous owner 5 - 12 months

Surat Keterangan Camat (Akta KTP, KK, BAH, KTP & KK of


Level 2
Landowner has Village official 4 SKT (Surat Keterangan Desa) Jual Beli, Akta Hibah, Akta Waris) previous owner 2 - 3 months
Letter of Ownership documents. KTP, KK, BAH, KTP & KK of
Landowner needs to upgrade to
5 Surat Keteragan Waris Akta Keterangan Waris previous owner 2 - 3 months
official Deed document before
they can apply for a formal land KTP, KK, BAH, KTP & KK of
title. 6 Surat Keterangan Hibah Akta keterangan Hibah previous owner 2 - 3 months

Kwitansi Pembelian / Purchase KTP, KK, KTP & KK of

Level 1 7 receipt Surat Keterangan Desa (SKT) previous owner 1 - 2 months


Landowner does not have Village KTP, KK, KTP & KK of
Official Letter of Ownership 8 SPPT PBB / tax receipt Surat Keterangan Desa (SKT) previous owner 1 - 2 months
documents.
KTP, KK, KTP & KK of
9 None Surat Keterangan Desa (SKT) previous owner 1 - 2 months
Willingness to pay taxes

● Farmers would need to pay both BPHTB and PPH taxes before or
during registration. Hence, uncertain tax rate and the perceived
high tax rate would discourage applications.
● Unclear references of Bapenda land value and tax zone can
cause difficulties among farmers to make informed decisions.
● Farmers benchmark the cost of sporadic scheme with the
Risks for sporadic systematic scheme, PTSL, that usually cost less than 1 million for
the whole process and without upfront tax payment.
land registration
pathway Process compliance

● Perceived hassles to complete application documents that


require cost associated with third parties involvement i.e. village
chief, neighbors, and previous land owner.
● Hesitation and doubts among farmers in submitting the original
copies of letter of ownership to the BPN due to poor trust with
the local government institution.

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