Regulation of the Head of the National Land Agency No. 2/2011 on guidance for technical land considerations for the issuance of location permits, the designation of locations and the issuance of permits for change in land use

GOVERNMENT REGULATIONS GUIDANCE IFOR TECHNICAL LAND CONSIDERATIONS FOR THE ISSUANCE OF LOCATION PRTMITS, THE DESIGNATION OF LOCAIONS AND THE ISSUANCE OF PERMITS FOR CHANGE IN LAND USE (Regulation of the Chief of the National land Agency No. 2/2011 dated February 4, 2011) BY THE GRACE OF ALMIGHTY GOD THE CHIEF OF THE t\ATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA, necessary to stipulate Guidance for Technical Land Con siderations for the Issuance of Location Permits, the Designation of Locations and the Issuance of Per mits for Change in Land Use by issumg Regulation of Considering: the Chief of the National Land Agency of the Republic That to implement Government Regulation of Indonesia; No. 16/2004 on Land Management and Government Regulation No. 38/2007 on Distribution of Govern- In view of : ment Affairs among the Government, Provincial Gov- 1. Law No. 5/1960 on the Basic Regulation of ernments and Regency/Municipal Governments, it is Agrarian Affairs IStatute Book of 1960 NO.1 04, 47 GOVERNMENT REGULATIONS Supplement to Statute Book No. 2043); 2. Government Regulation No. 16/2004 on Land dential Regulation No. 36/2005 on Procurement of Land for Development Projects for Public Inter Management (Statute Book of 2004 No. 45, ests; Supplement to Statute Book No. 4385); 3. Government Regulation No. 38/2007 on Distribu tion of Government Affairs among the Govern ment, Provincial Governments and Regency/Mu nicipal Governments (Statute Book of 2007 No. 82, Supplementto Statute Book No. 4737); 4. Government Regulation No. 13/2010 on the Types and Tariffs of Non-Tax State Revenues at the National Land Agency (Statute Book of 2010 No. 18, Supplement to Statute Book No. 5100); 5. Presidential Regulation No.1 0/2006 on National Land Agency; 6. Regulation of" the State Minister for Agrarian AffairslChief of the National Land Agency No. 2/1999 on Location Permit; 7. Regulation of the Chief of the National Land Agency No. 3/2006 on the Organization and Work Mer.hanism of the Natirmal l.and Agency; 8. Regulation of the Chief of the National Land Agency No. 4/2000 on the Organilatiun and Work Mechanism of the Regional Offices of the National Land Agency and Land Offices; 9. Regulation of the Chief of the National Land Agency No. 3/2007 on Provisions to Implement Presidential Regulation No. 36/2005 on Procure ment of Land for Development Projects for Pub lie Interests as already amended bv Presidential 10. Regulation of the Chief of the National Land Agency No. 1/2010 on Service Standard and Land Control; DECIDES: To stipulate: REGULATION OF THE CHIEF OF THE NATIONAL LAND AGENCY ON GUIDANCE ron TCCIINICAL LAND CONSIDERATIONS FOR THE ISSUANCE OF LOCATION PERMITS, THE DESIGNATION OF LO CATIONS AND THE ISSUANCE OF PERMITS FOR CHANGE IN LAND USE. Article 1 Referred to in this Regulation as : 1. Technical land considerations for the issuance of location permits are considerations contain ing provisions and requirements on the use and utilizatiun of land as the basis for the Issuance of location permits to companies to obtain land needed to make investment which are also valid as permits to transfer titles as well as to use the land for the purpose of investment. 2.Technical . to be continued 48 Regulation No. 65/2006 on Amendment to Presi-J~~~ Business News 8157-815819-21·201 r (S) GOVFRNMFNT RFG[JLATIONS GUIDANCE FOR TECHNICAL LAND CONSIDERATIONS FOR THE ISSUANCE OF LOCATION PRTMITS, THE DESIGNATION OF LOCATIONS AND THE ISSUANCE OF PERMITS FOR CHANGE IN LAND USE (Regulation of the Chief of the National Land Agency No. 2/2011 dated February 4, 2011) [Continued from Business News No. 8157-8158 page 47-48] 2. Technical land considerations for the designation 3. Technical land considerations for the issuance of of locations are considerations containing provi sions and requirements on the use and utilization of land as the basis for the issuance of decisions on the designation of locations ot land needed tor development projects for public interests by the Government or Reg'lonal Governments. permits for change in land use are considerations containing provisions and requirements on the use and utilization of land as the basis for the issuance of permits to applicants to change the use and utilization of their land. 24 , Business News 815919·23·2011 GOVERNMENT REGULATIONS the upper right side below the words "BAN K INDONESIA" printed in red ink that will turn around into orange below the ultraviolet ray; f) on the upper right side below the se rial number there is rectoverso jf seen through the ray there will be a complete logo of Bank Indonesia in a reverse po sition; g) on the lower right side exactly below nominal figure "10000" there are the words "PERUM PERCETAKAN UANG Rl • IMP" and the issuance year "2005"~ h) above the water mark there is invisibJe printing in the form of pyramid house 2) the lower right side of the main pic ture filling nominal figure "10000" in the -(orm of abbreviation "BI"; I) rninitext, namely a small-sized text that can be read without using magnifying glass found : 1) above and below the water mark in the form of the words "BANK INDONESIA" in the form of curves with different text sizes; 2) on the right side above the words "BANK INDONESIA" and below nominal figure" 10000" in the form of the words "BANK INDONESIA" forming a circle. silouette that will turn around into yel lowish green below the t,rItraviolet ray; i) on the lower lett side of the main picture there is invisible printing in the form of nominal figure "10000" in a quadrangle box that will turn arriund into yellowish green below the ultraviolet ray; j) 011 the left side ur the rnain picture there are design elements in the form of red small circles with .centers in white that spread; kl rnicrotext, namely text that can only be read using magnifying glass found on : 1) on the right side above the roof of the pyramid house in the form of figure 10000 on tree leaves; c. Materials banknote paper has specifications as follows: 1.,. made of cotton fiber; 2. measuring 145 mm in length and 65 mm in Width; \ 3. violet; 4. not turning around below ultraviolet ray; 5. water mark in ,he form of picture of Na tional Hero Sultan .Mahrnud 8adaruddin II and electrotype in the torm of 81 logo and Palembang regional ornament; 6. safety yarn planted in the banknote paper carrying frequently the word "B]1DODO" that will turn around into red below the ultraviolet ray. Busine$$ News 8159/9-21-2011 23 Article 2 GOVERNMENT REGULATIONS the issuance of permits for change in land use Technical land considerations shall serve as requirements for the issuance of location permits, the designation of locations or the issuance of permits for change in land use. Artide :1 Guidance for technical land considerations for the issuance of location perrni ts. the desiqnatlon of locations and the issuance of permits for change in land use shall be realized on condition that it : a. shall not sacrifice public interests; b. shall not mutually disturb the use of nearby land; c. shall meet principles of sustainability; d. shall observe principles of justice; and e. shall meet the land and regulation. Article 4 (1) The guidance for technical land considerations for the issuance of location permits, the designa tion of locations and the issuance of permits for change in land use as referred to in Article 3 shall be further put in technical guidance for the use and utilization of land. (2) The technical guidance for the use and utilization of land as referred to in paragraph (1) is contained in Attachment I to this regulation. shall cover: a. a summary of technical land considerations; and b. maps for technical land considerations. (2) The procedure of issuing technical land consider at ions as referred to in paragraph (1) is contained in Attachment II to this regulation. Article 6 The summary as referred to in Article 5 para graph (1) letter a shall contain: a. Approval or rejection of whole or part of land for certain use and utilization proposed by applicants through location permits, designation of locations, or permits for change in land use; and b. Provisions and requirements on the use and uti llzation of land for the whole or part of lerid for certain use and utilization approved as referred to in letter a. Article 7 Maps for technical land considerations as re fer red to in Article 5 paragraph (1) letter b shall at least cover: a. Guidance for location map; b. use of land; I i c general picture of land control; Article 5 I' d: land capacity; (1) Technical land considerations for the issuance of e. proper use of land; \1location permits, the designation of locations and 1. availability of land; and L Business News 8159/9-23-2011 25 GOVERNMENT REGULATIONS balance Chief of the National Land g. technical land considerations. Article 8 To draw up the summary and maps as re ferred to in Article 6 and Article 7 data and informa tion are needed based on : a. data and information in the field; b. regency/municipal/provincial/national sheet of land use; and c. data and information obtained from other sources needed. Technical Land Considerations Team set up under a decision of the Head of the Land Of fice. (3) The National Technical Land Considerations Team as referred to in paragraph (2) letter a shall be made up of : a. Manager Agency; b. Chief concurrently member: Deputy for Land Control and Management to Chief of the National Land Agency; c. Secretary concurrently member: Head of the Land Use Management Section; and c. Secretary concurrently member: Director of Land Use Management; and Regional Office of the National Land Agency. (5) The Regency.Municipal Technical Land Consider ations Team as referred to in paragraph (2) letter c shall be made up of: a. Manager Chief of the Land Office; b. Chief concurrently member Head of the Technical elements at the Technical elements at the Na-d. Members d. members tionaI Land Agency. (4) The Provincial Technical Land considerations Team as referred to in paragraph (2) letter b shall be made up of: a. Manager Chief of the Regional Office of the National Land Agency; . b. Chief concurrently member: : Head of the Land Control and Management Section;conducted by a National Technical Land Con siderations Team set up under a decision of the Chief of the National Land Agency; b. cross regency/municipal technical land con siderations conducted by a Provincial Techni cal Land Considerations Team set up under a decision of the Chief of the Regional Office of the National Land Agency; and a. cross provincial technical land considerations c. regency/muni~ipal te~hnir:::ll lanrl consider ations conducted by a Regency/Municipal Article 9 (1) Technical land considerations for the issuance of location permits, the designation of locations and the issuance of permits for change in land use shall be drawn up and issued by a team of techni cal land considerations. (2) The team as referred to in paragraph (1) shall con sist of ; 26 GOVERt~MENT REGULATIONS Land Control and Management Section; c. Secretary concurrently member : Head of the Certain Land and Estate Use Subsection; and d. members Technical elements at the Land Office. (6) In carrying out its tasks, the Technical Land Con siderations Team for the Issuance of Location Permits, the Designation of Locations and the Is suance of Permits for Change in Land Use as re ferred to in paragraph (2) shall be assisted by sec retariat officers and field officers whose numbers and qualifications will be adjusted to the extent and type of activity applied for. (7) The technicFlI land c onsirierations team as referred to in paragraph (2) shalf be decided every budget year. Article 10 The requirements of applications and the pe riod of time for the issuance of technical land con siderations for the issuance of location permits, the designation of locations and the issuance of permits for change in land use shall follow Regulation of the Chief of the National Land Agency No. 112010 on Service Standard and Land Control. Article 11 (1) The nurturing and monitoring of location permits, designation of locations, and issuance of permits for change in land use shall be conducted by : a. the Chief of the National Land Agency at na tional, provincial and regency/municipal level; b. the Chief of the Regional Office of the Na tional Land Agency at provincial and regency/ municipal levels; and c. the Head of the Land Office at regency/mu nicipal level. (2) The nurturing and monitoring as referred to in paragraph (1) for location permits shall be con ducted by observing: a. a summary of technical land considerations; and b. provisions in Regulation of the State Minister for Agrarian Affairs/Chief of the National Land Agency No, 2/1999 on Location Permits. (3) The results of nurturing and monitoring as referred to in paragraph (2) shall serve as considerations in cancelling location permits as referred to in Government Regulation No. 38/2007 on the Dis tribution of Government Affairs among the Gov ernment, Provincial Governments and Regency/ Municipal Governments (Attachment I subsection 1 point 3 letter h). (4) The cancellation of location permits as referred to in paragraph (3) shall be done by the Chief of the National Land Agency at the request of : a. Provincial Government based on consider ations from the Chief of the Regional Office of the National Land Agency; and b. Regency/Municipal Government based on considerations from the Chief of the Land Of fice. Business News 15919-23-201 r 27 GOVERNMENT REGULATIONS Article 12 Fees on technical land considerations for the issuance of location permits, the designation of loca tions and the issuance of permits for change in land use shall be based on Government Regulation No. 13/2010 on the Types and Tariffs of Non-Tax State Revenues at the National Land Agency. Article 13 This regulation shall come into force as from the date of stipulation. Stipulated irf Jakarta On February 4, 2011 CHIEF OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA sgd. JOVO WINOTO, Ph. D Editor's Notes: Attachments are not carried for technical reasons. (S) 28 Business News 815919·Z3·Z01f