Decree No. 26 on the National Land Affairs Agency

THE PRESIDENT OF THE REPUBLIC OF INDONESIA DECREE Or THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER 26 OF 1988 dated 19 July 1988 RE THE NATIONAL LAND AFFAIRS AGENCY TIlE PRESIDENT OF THE REPUBLIC OF INDONESIA Considerl.ng : a. that in the execution of the national develop ment, the need for, the control and the utiliza tion of land in general including for the inte rest of the development is felt to increase con tinously; b. that with the increase in the need for, the con trol of, and the utilization of land in particu lar for the interest of development as referred to in point (a), the problems which have arisen in the field of land affairs have also increas ed; c. that in connection with the matters mentuoned in point (a) and point (b). and to be able" to settle the problems in the field of land af fairs completely, it is deemed necessary to re view the position, tasks, and functions of the Di.c."ectora·teGen.eral of Agrarian Affairs, Depart ment of Home Affairs, and to up grade it to an institution which handles land affairs on a na tional level; Bearing in mind: 1. Article 4, paragraph (1), of the 1945 Constitu tion; 2. Act Number 5 of 1960 on the Basic Regulations of Agrarian Prin~iples (State Gazette of 1960 Number 104, Supplement to the State Gazerte Num ber 2043); 3. Act Number 5 of 1974 on the Principles of Go vernment in the Regions (State Gazette of 1974 Number 38, Supplement to the State Gazette Num ber 3037); HAS DEC IDE D : To enact LS/Ol/12 THE DECREE OF THE PRESIDENT OF THE REPUBLIC OF IN DONESIA ON THE NATIONAL LAND AFFAIRS AGENCY. CHAPTER I ... CHAPTER I POSITION, DUTIES AND FUNCTIONS Article 1 (1) The National Land Affairs Agency, in this Presidential Decree herein after called the Land Affairs Agency, is a Non Departmen tal Government Institution which is positioned under and is di rectly responsible to the President. (2) The Land Affairs Agency is lead by a Heed. Article 2 The Land Affairs Agency has the task of assisting the Presi dent in the management and development of land affairs administrati on, on the basis of the Basic Law on Agrarian Affairs as well as other legislative regulations which cover the regulation on the uti Iization of, the control over and ownership of lands, the arrange ment of rights on lands, the measurement and registration of lands etcetera, which are r~lated to problems on land affairs on the ba sis of the policies laid down by the Presiden~. Article 3 In the execution of th~ tasks referred to in Article 2, the Land Affairs Agency performs the functions of : a. formulating the policies and the plans in. controlling and utili zing lands; b. formulating the policies and plans in regulating the ownership of lands on the principles that land has a social function as re gulated in the Basic Law on Agrarian Affairs: c. executing the measuring and cherting and the registration of land in an effort to provide certainty of rights in the field of land affairs; d. arranging the rights on land in the framework ofmaintainlng the administrative orderliness in the field of land aff~irs; e. conducting research and development in the field of land affairs and the education and training of manpower required in the field of land affairs admini~tration; f. Others decided upon by the President. CHAPTER II o RG A 'N I Z A T ION Part One Organizational Structure Article 4 The Land Affairs Agency consist of 1. The Head; l.S/01/12 2. The ... ,.• 'l'h e De pu r v fo r Ge n e r a L Affairs Sectot"; J. The Deputy for the Regulation, Control, and Land I'tilizatiun Sy~ tem Sector; 4 . The Deputy f o r Land Rights Sectct"; 5 . The Deputy for- l.a n d M~c1surement and Registration Sector; 6. 'l'h e Deputy for Super.vision Sector-; 7. The Research and Dev e Lo pme n t Ce>nter; 8. The Education and 'I'r a i n i nq Ce n t e r : ~l. Ex pe r t S t a f f ; 10. Regional Offices. Part Two THE H E A D Article 5 The tasks of the Head are : a. to manage the Land Affairs Agency in line with the tasks and function of the Land Affairs Agency and to promote the apparatus of the Land Affairs Agency in order to efficient and effective; b. to lay down the technical policies on land affairs pursuant to legislative regulations in force; c. to promote and execute a coope~ation in the field of land af f a i r s with other Departments and Government Institutions a-t Cen tral Government as well as Regional level. Part Three The Deputy for General Affairs Article 6 The Deputy for General Affairs is an exec~tive element for part of the tasks and functions of the Land Affairs Agency in the field of Administration \.hich is subordinate and directly respon sible to the Head. Article 7 The Deputy for General Affair~ Sector has the tasks of manag ~ng finances, equipment and supplies, studying and preparing the formulation of legislative regulations, promoting the organization and administration, providing administrative services to the entire organizational units of the Land Affairs Agency in the framework of performing its tasks. LS/Ol/12 Article 8 ... Article 8 1n executing ~he tasks referred to in Article 7, the Deputy for General Affairs Sector execute the functions of a. managing and promoting the household affairs and other adminis trallve affairs in the circles of the Land Affairs Agency; b. managing and promoting the administration of personnel,finances, equipment, and organization within the circles of the Land Af fairs Agency; c. composing the draft of legislative regulations and to study le gal problems in the field of land affairs. d. 0 t h ,:: r mi'l t t e r s de t e r mined by the Head. Article 9 The Deputy of General Affairs Sector is subordinating a. Legal and Public Relations Bureau; b. Or0anization and Personnel Bureau; c. Finance Bureau; d. Administration Bureau; Part Four The Deputy for the Regulation, Control and Land Utilization System Sector Article 10 The Deputy for the Regulation, Control, and Land Utilization System Sector is an executive element for part of the tasks and functions of Land Affairs Agen~y in the field of the regulation can trol and land utilization system which is subordinate to and direc~ tly responsible to the Head. Article 11 The Deputy for the Regulation, Control, and Land Utilization System Sector has the task of executing:-"f>art of the tasks of the Land Affairs Agency in the field of the regulation, controlling,and land utilization system and the promotion of its execution. A~ticle 12 In executing the tasks referred to in Article 11, the Deputy for the Regulation, Control, and Land Utilization System Sector exe cute the functions of : LS/Ol/12 3J27 a. accumulating ... a. accumulating and processing data as material for the compilation of the plans for regulating the matter of land cOQtrol and land utilization system; b. conducting the coordination and integra~ed cooperation with De partments or Government Institutions at Central Government as well as at Regional level in the framework of harmonizing the land utilization system with the regional layout plan; r:. promoting the control over and the utilization of land by its owners as well as non owners; d. supervising the control, ownership, and land utilization as well as the transfer of the rights thereon; e . other matters determined by the Head. Article 13 The Deputy for the Regulation, Control, and Land System Se~tion subordinates : a . The Land Regulation Control Directorate; b. The Land Utilization Sy:St-em Directorate; c. The Program Promotion Directorate. Part Five The Deputy for Land Rights Sector Article 14 Sector Utilization The Deputy for Land Rights is an executive element of part of the tasks and functions of the Land Affairs Agency in-the field of arranging the rights over lands and the procurement of land for the requirements of Government agencies and Institutions which is subor dinated to and directly responsible to the Head. Article IS The Deputy for Land Rights Sector has the -task of carrying out part of the tasks of the Land Affairs Agency in the field of arrag ing the rights and making· land available for Government agencies. Article 16 In carrying out the task referred to in Article 15, the Deputy for Land Rights Sector executes the functions of : a. implemen ti nq the leg is la ti ve regula tions in the field of land affairs which are related to the arrangements of land rights; b. arranging and supervising the procurement of land for the regui rements of Government ~gencies; LS/Ol /12 c. arranging ~rranging the granting, ~xtension of time limit, renewal, term i n s r i on , and canrellation of the land rights; ! . s e r. I ~ i nq legal disputes in the field of land affatrs and the ac-. tl\'lties of bringing order to land rights; c. oth0r matters determined by the Head. Article 17 The Deputy for Land Rights Sector subordinates i. The Directorate for Arranging Land Rights; ". 'I'h e Directorate for Land Pr-ocu r emen t for Government Ag(~ncies. Part Six The Deputy for Land Measurement and Registration Sector Article 18 The Deputy for Land Measurement and Regis·tration Sector executive element for part of the tasks and functions of the Affairs Agency in the field of measuring and registration of which is subordinate and directly responsible to the Head. Article 19 The Deputy for Land Measurement and Registration Sector the task of executing part of the tasks of the Land Affairs in the field of land measuring and registration. Article 20 is an Land lands has Agency In carrying out the tasks referred to in Article 19, the Depu ty for the Land Measuring. and Registration Sector executes the func tions of : a. compiling the plans and carrying out the measuring, mapping and the registration of rights on lands; b. administrating the registrations of rights on lands, the tran sfer of rights on land, and the imposition of rights on lahd; c. providing proof of the rights on lands and proof of the imposi tion of rights on land; d. other matters determined by the Head. Article 21 The Deputy for Land Measurement and Registration Sector subor dinates : a. The Directorate for Measurement and Mapping; b. The Directorate for Registration of Land Rights. LS/Ol/12 3129 Part Seven ... Part Seven The Deputy for Supervision Sector Article 22 The Deputy for Supervision Sector is an executive element for part of the tasks and functions of the Land Affairs Agency in the field of supervision which is subordinate and directly responsible to the Head. Article 23 The Deputy for Supervision Sector has the task to supervise the implementation of the legislative regulations in the field of land affairs and the organizing of the land affairs administration in the working unit within the circles of the Land Affairs Agency at Ccr.tral Government as well as Regional level. Article 24 In carrying the tasks referred to in Article 23 the Deputy for Supervision Sector execute the functions of : a. preparing the plans for supervisin in the field of land affairs; b. compiling the norms or guidance for the examination, evaluation, testing, and investigation in the field of land affairs; c. investigating the correctness of report or accusations concern ing obstacles, deviations, and misuse in land affairs; d. impl~menting corrective measures on problems in the field of land affairs which were discovered during the ·supervision activi ties referred to in point c. e. requesting the required assistance from other agancies in the framework of carrying out the supervision; f. preparing the report on the results of the supervision to the Head; g. other matters determined bey the Head. Article 25 The Deputy for the Supervision Sector subordinates a. Land Affairs Sector Inspector; b. General Affairs Sector Inspector. Pa r t Eight The Research and Development Center and the Education and Training Center LS/Ol/12 Article 26 ... 3330 Art.icle '2.6 'Th e !-:I<-earch -m d De v e lo nmo n t C(;nter and the Ed uc a t i o n and 'j r ;11n 1110 C.-'n tel- a re t~ Leme n ts ,;llppCrtlnq the tasks and func t ions of ~he Lrlnd -'Hfairs Acj e n cv which are 5.c#lbordinate and diJ"f!'r:t'f respon abie to t·~·· HC>'ld. II-,t:- R.,'·;(,dr"~'l and Do v e l o p no n r Center has the task:)f C;rtr-rying ovr r c s e.r r c o ;~nd development in tile field of land affairs on the ba ~is at t h e !)t)!icies lind down l-:y the Hertd and the le9Ls~ative regu: ! a r 1 on" l I~ f ~, r Ce . fhe Ed\.lc.·t Ion (}lld 'I'r a i n i nq Co n t e r h a s the task t o c a r r v r he f'd Ucat Ion and t. r ;1l n i ng 0 f em p I. ()"I e e s wit h i nthe c ire 1e S 0 [ land Affairs Agen<:.'f 0:1 r.h e bas i s (,,)f" the policies laid down ~')V Head. Nine Exr:ert StAff l\ r t'r c l e 2? out thp. thp. (111'0 fu l f t t I ~be requirements f o r e xpe r t i.se in c e r t a i n f r e Ld s to ~~~lst the execution of the tasks and functions of the Land Af f~~r~ A.ency. expert staff may be appointed whc al'e subordinate ,\1-,(1 d i r ec t I Y r eSF,Qnsi b l.e to the Head. . <2,) The Ei<per t Staff re t.o r r ed to in o a r aq r aph (1) shall ma x i rnum be ~'. 'i three I per s oos . Par t Ten R~glonQl Offices .A.r-ticte 30 The Regional of frc e s of t.h e L.3nd Af f s i r s Agency a-r e Vt"rticaJ A~enc,~s of the ~and Affairs AgenCY which are located at every PrOYI nc\'a I Capi t r1 1, • 'he Regl'Oridl Of f ice referred 1-0 If I p a r aq r aph (1) constitutes a deco"Ce('ltra~l()n opp.'lratus \"h1.cn In Carrying out iu; task is o pe ra~~On~\ ~~ctlraLly suhordln~ted ro thn Governor as Head of the Re.:9~on, and arJmHlistrdtive tec:hnJc.ally subordinated to the Head of the laAid Af fa. rS AGency. t« e-.,ety I<t:-!:jency Capit.::l/Municlpe 1 i t,y a La rid Affairs QCfice .shall be est~hll,';iH'd which constitutes Ct d e c o n c e n t r a ti o n appa tal-us WhIch i n C'arr·~'i.r\CJ out i e s t'as/(,..s: .i~; ope r a t Lo n a l t-Flcti~ally subor~in~H~'d '-0 the Peqent:/J\1,i~, IS HCC4d of the Req i.on ."'Inti adrn i t\l~bral~'..,~ technlC(lI,y subnf'dIf)8f-eJ "0 *he Head of rhe'Reqjon"..l Orr. c e, e f HH. l'9.rJ .\ f fa 1. rt;. Aj,e.,11 c-j (4) The establishment of the Regio0al Office of the Land kffairs Agency and the Land Affairs Oftice is carried out and decided upon with a Decision of the He~d of the Land Affairs Agency,af ter obtaining a prior written approval from the State ~inister for Efficient Utilization of the State Apparatus and the Minis ter/State Secretary. CHAPTER III WORKING PR')CEDURE Artich 31 (1) All elements within the circles of the Land Affairs Agency in carrying out their tasks are obligated to apply the principles of coordination, integration, and synchronization both within the c i.. r c les of the Land Affairs Agency itself and in the Ln t o r Government agency relationship for a united movement in line with its tasks. (2) The Land Affairs Agency, in c a r r y Lnq out its tasks, shall r ec e i, ve a promotion and guidance from the Minister or Ministers to be appointed by the President. CHAPTER IV RANKING, APPOINTMENT AND DISMISSAL Ar t ic Le 32 (1) Heads are an echelon Ia position. (2) Deputies are an echelon Ib position and at the most an echelon echelon Ia. (3) Expert Staff, Bureau Heads, Directors, Head of Centers, ~nspec­ tors Head of Regional Offices, are echelon IIa positions. Ar t Lc L« 33 (1) Heads ar-e appointed and d.i sm i s s ed by the President. (2) Deputies are appointed and dis'nissed by the President at the r-e commendation of the Head of the Land Affairs Agency. (3) lId Echelon officials and Lowe r are appointed and dismissed by the Head of the Land Affairs Aqenci. CHAPTEi: V BUD C E T Artiel·' 34 All administr-ative management of the organization, per-sonnel, and f ina nee whieh a r e rel a ted to t ne execution of the tas ks .o f the Land Af f ai r s Aqe nc y sha 11 be ~ha I:'"<:."'.j to the State Revenue and Expen d i.n t u r e Budget. [--,S / 0 J / ! 2 erl t\ PTI~R V I ...... CHAPTER VI TRANSITIONAL PROVISIONS Article 35 The tasks and functions of the Directorate General of Agrarian Affairs, the Directorate of Agrarian Affairs at the Provincial Ca pitals, and the Agrarian Affairs Office at the Regencies/Municipali ties remain to be carried out until the complete organization of the Land Affairs Agency has been established on the basis of this Presidential Decree. CHAPTER VII CONCLUDING PROVISIONS Article 36 The specification of the tasks, functions, organizational com position, and the working procedure of the Land Affairs Agency shall be further regulated by the Head of the Land Affairs. Agency after having obtained prior written approval from the State .Minis ter for the Efficient Utilization of the State Apparatus and the Mi nister/State Secretary. Article 37 With the establishment of a complete organization of the Land Affairs Agency on the basis of this Presidential Decree, the provi sions on organization of the Department of Home Affairs which in re lated to the field of agrarian affairs as is laid down in the Pre~ sidential Decree Number 15 of 1984, which has been amended several times, lastly with the Presidential Decree Number 36 of 1987 is declared invalid. Article 38 This Presidential Decree comes into force on the date or its enactment. Enacted in Jakarta On 19th July 1988 THE PRESIDENT OF THE REPUBLIC OF INDONESIA Signed S 0 E H ART 0 ====0000===== LS/0l/1.2 3333