Regulation of the Head of the National Land Affairs Agency No. 1/2011 on delegation of authority to grant land title and specified land registration activities

DELEGATION OF AUTHORITY TO GRANT LAND TITLE AND SPECIFIED LAND REGISTRATION ACTIVITIES (Regulation of the Head of the National Land Affairs Agency Number 1 Year 2011 dated February 4,2011 ) BY GRACE OF GOD THE ALMIGHTY THE HEAD OF THE NATIONAL LAND AFFAIRS AGENCY OF THE REPUBLIC OF INDONESIA Considering: a. that in the framework of fulfill"lng the standard of land service and regulation and implementing the government programs in the land affairs sector, it is nf~r.essi'lry to rfwiew provisions on rlAlegi'ltion of authority to grant land title and specified land registration activities; b. that having regards to letter a, it is necessary to stipulate a regulation of the Head of the National Land Affairs Agency of the Republic of Indonesia on Delegation of Authority to Grant Land Title and Specified Land Registration Activities; In view of: 1. Law Number 5 Year 1960 on Basic Regulation of Agrarian Principles (Statute Book of the Repub lir. of lnrirmesia YAm 1960 NLlmhAr 104. SLJppIA ment to Statute Book of the Republic of Indone sia Number 20.013\; Business News 8135-8136/ l-27-JOI! 39 2. Law Number 56 Prp Year 1960 on Stipulation of the Size of Agricultural Land (Statute Book of the Republic of Indonesia Year 1960 Number 174, Supplement to Statute Book of the Republic of indonesia Numher 2117); 3. Law Number 25 Year 2009 on Public Service (Statute Book of the Republic of Indonesia Year 2009 Number 112, Supplement to Statute Book of the Republic of Indonesia Number 5038}; 4. Government Regulation Number 40 Year 1996 011 Ri~ht to Use Land for Business Purpus.e. Ri~lll to Use Land for Erecting Building and Right to Exploit Land (Statute Book of the Republic of In donesia Year 1996 Number 58, Supplement to Statute Book of the Republic of Indonesia Num ber 3643l; 5. Government Regulation Number 24 Year 1997 on Land Registration (Statute Book of the Repub lic of Indonesia Year 1997 Number 59, Supple ment to Statute Book of the Republic of Indone sia Number 3696); 6. Government Regulation Number 13 Year 2010 on Kind and Tariff of Non-Tax State Revenue Ef fective Withing the National Land Affairs Agency (Statute Book of the Republic of Indonesia Year 2010 Number 18, Supplement to Statute Book of the Republic of Indonesia Number 5100); 7. Presidential Regulation Number 10 Year 2006 on the National Land Affairs Agency; 8. Presidential Decree Number 98/M Year 2005 on the Appointment of the Head of the National Land Affairs Agency; 9. Regulation of the State Minister of Agrarian Af fairs/Head of the National Land Affairs Agency Number 3 Year 1997 on Technical Directives for Government Regulation Number 24 Year 1997 on Land Registration; 10. Regulation of the State Minister of Agrarian Af fairs/Head of the National Land Affairs Agency Number 3 Year 1999 on Delegation of Authority to Grant and Nullify Decision on the Granting of Right to State Land; 11. Re~ulCltioll of the Head of the Natioual Land Af fairs Agency Number 3 Year 2006 on Organi zation and Working Mechanism of the National Land Affairs Agency of the Republic of Indone sia; 12. Regulation of the Head of the National Land Af fairs Agency Number 4 Year 2006 on Organiza tion and Working Mechanism of Regional Office of the National Land Affair Agency and Land Af fairs Office; 13. Regulation of the Head of the National Land Af fairs Agency Number 1 Year 2010 on Standard of Land Affairs Service and Regulation; DECIDES To stipulate: THE REGULATION OF THE HEAD OF THE NATIONAL LAND AFFAIRS AGENCY ON DELEGATION OF AU THORITY TO GRANT LAND TITLE AND SPECIFIED LAND REGISTRATION Ar.TIVITIES 40 Business News 8135BI36' 7;'~20' I GOVERNMENT REGULATIONS CHAPTER I GENERAL PROVISION Article 1 Referred to in this regulation as: l , Land Title shall be pr upr ie tarv right, right to use land for business purpose, right to use land for erecting building and right to exploit land. 2. State Land or land controlled directly by the state shall be land not owned by land title. 3. Management Right shall be a right to control from the state, with the operational authority partly delegated to the holder of the right. 4. Granting of Land Title shall be a government stip ulation granting a right to state land, including the extension of the validity period of the right and renewal of the right as well as the grantingof right above the management right. 5. Granting of Land Title in general shall be the granting of right to a land plot matching specified criteria to right recipinent fulfilling specified cnte ria, which is executed by one stipulation of right granting. 6. Extension of Validity Period ot Right shall be a qovernment stipulation qrantinq the addition to the validity period of a land title. 7. Renewal of Right shall be a government stipula tion granting the same right to holder of land title following the expiration of the validity period of the right or the extension thereof 8. Speeied Land Registration Activities ahnll be uc tivities such as the signing of measuring docu ment, land book, certificate, recording of con ficwrltinn. lifting of confiscation. certificate checking, issuance of land registration certificate and other recording. 9. Measuring Document shall be a document con taining physical data about a land plot in the form of map and description. , O. Land Buuk shall be a ducumeru ill tile fur III ot list containing judicial and physical data about an object ot land registration already having right. 11. Certificate shall be a proof of right as meant in Article 19 paragraph (2l letter c of the Agrarian Principle Law for land title. management right, communal land. strata title to unit of flat and mortgage right respectively already booked in the said land book. 12. Regional Office of the National Land Affairs Agency, hereinafter called Kanwil Badan Perta nahan Nasional shallbe a vertical institution of the National Land Affairs Agency in a province, which is subordinate and responsible directly to the Head of the National Land Affairs Agency of the Republic of Indonesia. 13. Land Affairs Office shall be a vertical institution of the National Land Affairs Aqency of the Re public of Indonesia in a regency/city, subordinate and responsible directlv to the Head of the Na tional Land Affairs Agency through Head of Kan wil Badan Pertanahan Nasional. CHAPTER II SCOPE Article 2 41 GOVERNMENT REGULATIONS The regulation shall regulate authority to grant land title and specified land registration activities. CHAPTER III AUTHORITY TO GRANT LAND TITLE Part One Au tl ror itv uf He ad of Land Affairs Office Paragraph 1 Propietary Right Article 3 Heads of Land Affairs Office shall make deci sian on: a. the granting of proprietary right to aqricultur al land with the size not exceeding 20,000 M 2 (twenty thousand squa re meter). b. the grantingof proprietary right to non-agricultural land with the size not exceeding 2,000 M 2 (two th ousand square meted. c. the granting of proprietary right in the framework of implementing programs: 1) transmigration; 2) redistri bution of land; 3) land consolidatron: and 4) strategic, mass land registration and other programs. Paragraph 2 Right To Use Land for Erecting Building Article 4 Hpilrls of Lanri Affairs Office shall make deci sian on: a. the granting of right to use land for erecting build ing to individual person on land plot with the size not exceeding 1,000 M 2 (one thousand square meter) b. the granting of right to use land for erecting building to legal entity on land plot with the size not exceeding 5,000 M 2 {five th au sand square meter}. c. the whole granting of right to use land for erect ing building on land of managemern right. Paragraph 3 Right To Exploit Land Article 5 Heads of Land Affairs Office shall make de ci sian on: a. the granting of right to exploit land to individu alperson on agricultural land with the size not exceeding 20,000 M2 (twenty thousand square meter). b. the granting of rig ht to exploit land to legal entity on agricultural land with the size not exceeding 20,000 M2 (twenty thousand square meter}. c. the granting of right to exploit land to individual person on non-agricultural land with the size not exceedinq 2,000 M2 (two thousand square me ter) . d. the grant'lng of right to exploit lilnrl to legill pntity on non-agricultural land with the size not exceed ing 2,000 M2 (two thousand square meter). e. the whole granting of right to exploit land on land of management right. 42 Business News 8115·8136/7272071 Part Two Authority of Head of Regional Office of the National Land Affairs Aqencv Paragraph 1 Propietarv Right Article 6 Heads of Regional Offices of the National Land Affairs Agency shall make decision on: thf' qranrinq of nrrmrietarv right to agricultural land with the size exceeding 20,000 M 2 (twenty t housand Sfl uare mf'tf'rl b. the grantingof proprietary right to non-agricultur al land with the size exceedino ? ,000 M2 (two thousand square meter}. c. the granti n9 of proprietary right to nori-ajjricul turalland with the size exceeding 2,000 M 2 (two thousand square meter) and not exceeding 5,000 M 2 (five thousand square meter). Paragraph 2 Right To Use Land For Business Purpose Article 7 Heads of Regional Offices of the National Land Affairs Agency shall make decision on the grant ing of right to use land for business purpose on land with the size not exceeding 1,000,000 M2 (one mil lion square meter}. Paragraph 3 Right To Use Land For Erecting Building Article 8 Heads of Regional Offices of the National Land Affairs Agency shall make decision on: a. the granting of right to use land for erecting building to individual person on land with the size exceeding 1,000 M2 (one thousand square me ter} and not exceeding 5,000 M 2 (five thousand square meter); b. the granting of right to use land for erecting build ing to le q al entity on land with the size exceed ing 5,000 M2 (five thousand square meter) and not exceeding 75,000 M? (seventy five thousand square meter). Paragraph 4 Right To Exploit Land Article 9 Heads of Regional Offices of the National Land Affairs Agency shall make decision on: a. the granting of right to exploit land to individualp erson on agricultural land with the size exceeding 20,000 M 2 (twenty thousand square meter). b. the granting of right to exploit land to legal en tity on agricultural land with the size exceeding 20,000 M2 (twenty thousand square meter}. c. the granting of right to exploit land to individu al person on non-agricultural land with the size exceeding 2,000 M2 (two thousand square me ter) and not exceeding 5,000 M2 (five thousand square meter). d. the qr antinq of riqht to exploit land to leqal en tity on non-agricultural land with the size exceed ing ? ,000 M2 (two thOUSFlOd SqIIFirP. meter l and not exceeding 25,000 M2 (twenty five thousand square meter). Business News 8135-813617-27-201/ 43 official duty, leave, si ckness or other causes for 5 (five) working days consecutively and care taker or acting Hearl of Survey, Meilsuring anri Mapping Section being not appointed, the mea suring document as meant in Article 12 para graph (1) shall be signed by Head of Measuring and Mapping Sub-Section on behalf of the Head of the Survey, Measuring and Mapping Section on the basis of decision on appointment of offi cer signing measuring document, which is stipu lated by Head of Land Affairs Office. (2) Copy of the decision on the appointment of of ficer signing measuring document as meant in paragraph (1) shall be submitted to the Head of Regional Office of the National Land Affairs Agency and the Head of the National Land Affairs Agency of the Republic of Indonesia. Article 14 (1) Besides the matters as meant in Article 13 para graph (1), Head of Land Affairs Office may as sign the Head of the Measuring and Mapping Sub-section to sign measuring document in the framework of implementing strategic, mass and other land affairs programs. (2} The assignment to sign the measurinq document as meant in paragraph (1) shall be done by issu ing decision on delegation of authority, (3) Copy of the decision on delegation of authority Article 13 as meant in paragraph (2) shall be submitted to {1) In the case of the Head of Survey, Measuring Head of Regional Office of the National Land Af CHAPTER IV AUTHORITY TO CONDUCT SPECIFIED LAND REGISTRATION ACTIVITIES Part One Authority to Sign Measuring Document Article 12 (1) The Head of Survey, Measuring and Mapping Section shall sign measuring document in the framework of land registration for the first time sporadically. (2) Copy of the measuring document that consti tutes part of certificate shall be signed by official auth orized to sign certificate. AI licit: 11 The Head of the National Land Affairs Agency of the Republic of Indonesia shall make decrsron on the granting of land title having authority not delegat ed to Heads of Regional Offices of the National Land Affairs Agency or Heads of Land Affairs Offices. Part Three Authority of the Head of the National Land Affairs Agency of the Republic of Indonesia Article 10 The Head of the National Land Affairs Agency of the Republic of Indonesia shall stipulate the grant ing of land title granted in general. and Mapping Section being absent because of fairs Agency and the Head of the National Land 44 Affairs Agency of the nepublic of Indonesia. Part Two Authority To Sign Land Book, Certificate and Land Registration Certificate Article 15 Land Book, land certificate and land registra tion certificate in the registration of land for the first time and maintenance of land registration data spo radically shall be signed by Head of Land Affairs Of fice. Article 16 (11 In the case of the Head of Land Affairs Office being absent because of official duty, leave, sick ness or other causes for a period exceeding 10 (ten) working days consecutively or acting offi cial caretaker of the Head of Land Affairs Office being not appointed, the signing of land book and certificate as meant In Article 15 shall become authority of the Head of the Land Title and Reg istration Section on the basis of decision on the appointment of officer signing land book and cer tificate stipulated by the Head of Reaional Office of the National Land Affairs Agency 121 Copy of the decision on tho appointment of of ficer signing land book and certificate as meant in paragraph (1) shall be submitted to the Head of the National Land Affairs Agency of the Republic of Indonesia. Article 17 111 In thc C(l3C of the Head of Land Affairs Office having work load of land registration for the first time and n rainten an ce of land registration data, exceeding 1,000 (one thousand) activities per month or having the target to Implement strate gic, mass and other land affairs programs totally exceeding 5,000 (five thousand 1 land plots per annu m, part of the authority to sign land boo ks and certificates residing on the Head of Land Af fairs Office shall be delegated to the Head of the Land Title and Registration Section. (2) The authority to sign land books and certificate by the Head of the Land Title and Registration as meant in paragraph (1) shall be effective for the provison of service for the registration of land for the first time and maintenance of data about the registrationof land With the size not exceed ing 500 M 2 (five hundred square meter 1 in the case of non-agricultural land and not exceeding 10,000 M 2 (ten thousand square meterl in the case of agricultural land, except: a. the registration of land for land title belonging to foreigners domiciled in Indonesia, foreign husiness erititias havinjj rp.rrp.sentatillp's in In donesia and representatives of foreign coun tries and international agencies; b. the registration of mortgage right. transfer of mortgage right (Ce s sie l , change in creditor (Subroqatioril: c. separation, split and combination of land plots belonging to legal entity; d. the registration of management right; 45 GOVERNMENT EGULATION$ 46 e. the registratio n of right to use land for busi nsss purpose; f. the registration of strata title to unit of flat; and g. the issuance of substitute certificate because of loss. Article 18 Besides thp authority ;'IS msanr in Artir:le 17 paragraph (2), the Head of Land Affairs Office shall be obliged to delegate authority to sign and record to the head of the land title and registration section or the b e ad of sub-section appointed in the land title and registration section to implement the following mat ters: a. the signing of land registration certificate; b. the recording at confiscation and lifting ot conns cation; c. the checking of certificate;and d. other record ing. Article 19 (1) The work load as meant in Article 17 paragraph (1) shall be counted on the basis of the average activity of land registration service in the last 12 (twelve) months, which is stipulated by a deci sion of the Head of Regional Office of the Na tional Land Affairs Agency. (2) Based on the decision as meant in paragraph (1), the Head of Land Affairs Office shall be obliged to delegate authority to sign the land book and certificate as meant in Article 17 paragraph (2) and Article 18, which is stipulated by a decision of the Head of Land Affairs Office. (3) Copy of the decision of the Head of Land Affairs Office as meant in paragraph (Z) shall be submit ted to the Head of Regional Office of the National Land Affairs Agency and the Head of the National Land Affairs Agency. CHAPTER V MISr.FLLANFOLJS PROVISION Article 20 Decision on the extension of the validity pe riod of land title and renewal of land title shall be is sued by off iciel s by virtue of their euth orit v to the size of land governed in the provisions of this regulation. Article 21 (11 Hecrprent of the delegated authority to grant land title shall act on behalf of the Head of the Na tional Land Affairs Agency of the Republic of In donesia in issuing decision containing stipulation on the qrantinq of land title. (2) Recipients of the delegated authority to under take specified land registration activities shall act on behalf of the Head of Land Affairs Office in signing the specified land registration activities. Article 22 j 1) Recipients of the delegated authority to grant land title and undertake specified land registra tion activities shall be prohibited from splitting in tentionally land plot already setto be granted andl or registered by a right to individual or laqal entity with a view that the stipulation on the granting of right and specified land recistration activities may be issued by the relevant in accordance with the provision on the dplegMinn of authoritv in this regulation. 12) Any violation of the authority provision as gov erned in this regulation shall be subject to disci plinarv sanction of personnel in accordance with the provision of legislation. Article 23 Heads of Regional Ottices of the National Land Affairs Agency and Heads of land A ffai rs Of fices shall complete promptly everything needed and issue decision on delegation of authority in the frame work of implementing this regulation in no later than one month as from the date of enforcement of this regulation. Article 24 Heads of Land Affairs Offices and Heads of Regional Offices of the National Land Affairs Agency shall report the implementation of the delegation of authority as governed in this regulation to the Head of the National Land Affairs Agency of the Republic of Indonesia hierarchically every end of month. CHAPTER VI CONCLUSION Article 25 Following the enforcement of this regulation: 1. Regulation of the State Minister of Agrarian Af fairs/Head of the National Land Affairs Agency Number 7 Year 1998 on Authority to Sign Land Rook. Mei'lsuring Document and Certificate; 2. ProviSions of Regulation of the State Minister of Agr;uian Affairs/Head of the National Land Af fairs Agency Number 3 Year 1999 on Delegation of Authority to Grant and Nullify Decision on the Granting of Right to State Land in so far as regu lating the deleqation of aut hot itv tu issue decision on the granting of land title; 3. Other provisions contravenmg this regulation, Shall be revoked and declared null and void. Article 26 This regulation shall come into force one month as from the date of stipulation. Stipulated in Jakarta On February 4, 2011 THE HEAD OF THE NATIONAL LAND AFFAIRS AGENCY OF THE REPUBLIC OF INDONESIA sgd JOYO WINOTO, Ph.D. Business News 8135-8136,727-2011 47