Regulation of the Head of the National Land Affairs Agency No. 2/2011 on guidance for land affairs technical consideration in the issuance of location permit, stipulation of location and licence to change the use of land

OVER fIT REGULATIONS GUIDANCE FOR LAND AFFAIRS TECHNICAL CON SIDERATION IN THE ISSUANCE OF LOCATION PER MIT, STIPULATION OF LOCATION AND LICENSE TO CHANGE THE USE OF LAND (Regulation of the Head of the National Land Affairs Agency Num ber 2 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 on Land Use Management (Statute Book of the Republic of Indonesia Year 2004 Number 45, Supplement to Statute Book of the Republic of Indonesia Number 4385}; 3. Government Regulation Number 38 Year 2007 Considering: on the Sharing of Public Administration Affairs That in the framework of implementing Gov- between the Government, Provincial and Re ernment Regulation Number 16 Year 2004 and Land gency/Municipal Administration (Statute Book of Use Management and Government Regulation Num- the Republic of Indonesia Year 2007 Number 82, ber 38 Year 2007 on the Sharing of Public Admin- Supplement to Statute Book of the Republic of istration Affairs between the Government, Provincial Indonesia Number 4737); and Regency/Municipal Administration, it is neces- 4. Government Regulation Number 13 Year 2010 sarv to stipulate guidance for land affairs technical on Kind and Tariff of Non-Tax State Revenue Ef consideration in the issuance of location permit, stip- fective within the National Land Affairs Agency ulation of location and license to change the use of (Statute Book of the Republic of Indonesia Year land by a regulation of the Head of the National Land 2010 Number 18, Supplement to Statute Book Affairs Agency of the Republic of Indonesia; of the Republic of Indonesia Number 51 DO}; 5. Presidential Regulation Number 10 Year 2006 on In view of : the National Land Affairs Agency; 1. Law Number 5 Year 1960 on Basic Regulation of Aqrarian Principles (Statute Book of the Repub lic of Indonesia Year 1960 Number 104, Supple ment to Statute Hoo k ot the Hepublic ot lndone sia Number 2043}; 2. Government Regulation Number 16 Year 2004 6. Regulation of the State Minister of Agrarian Af fairs/Head of the National Land Affairs Agency Number 2 Year 1999 on Location Permit; 7. Regulation of the Head of the National Land Af fairs Agency Number 3 Year 2006 on Organi zation and Working Mechanism of the National 34 Land Affairs Agency of the Republic of Indone sia; 8. Regulation of the Head of thf'! Narinrial l.and Af fairs Agency Number 4 Year 2006 on Organ iza tion and Working Mechanism of Regonal Offices of the National Land Affairs Agency and Land Affairs Offices; 9. Regulation of the Head of the National Land Af fairs Agency Number 3 Year 2007 un Techni cal Directive for Presidential Regulation Number 36 Year LOUb on I-'rocurement of Land for the Execution of Development for Public Interests as already amended by Presidential Regulation Number 36 Year 2005 On Procurement of Land for the Execution of Development for Public In terests; 10. Regulation of the Head of the National Land Af fairs Agency Number 1 Year 2010 on Standard of Service and Land Affairs Regulation; DECiDES; To stipulate; THE REGULATION OF THE HEAD OF THE NATiONAL LAND AFFAIRS AGENCY ON GUIDANCE FOR LAND AFFAIRS TECHNICAL CONSIDERATiON IN THE IS SUANCE OF LOCATION PERMIT, STIPULATION OF LOCATION AND LICENSE TO CHANGE THE USE OF LAND Article 1 Referred to in this regulation as' 1. Land Affairs Technical Consideration in the Issu ance of Location Permit shall be a consideration containing provision and requirement for the use and utilization of land, as a basis for the issuance of location permit gra ntf'!rl to ::. compa ny to obtain the required land in the framework of investment. which is als o effective as a license to transfer right and use the land for the need of the invest ment bus irie ss carried out by the company. 2. Land Affairs Technical Consideration in the Issu ance of Stipulation of Location shall be a consid eration containing provision and requirement for the use and utihzanon at land to be used for the development for public interests, which is execut ed by the government or regional government. 3. Land Affairs Technical Consideration in the Issu ance of License to Change the Use of Land shall be a consideration containing provision and re quirement for the use and utilization of land as a basis for the granting of license to applicant to change the use and utilization of land belonging to the applicant. Article 2 Land affairs technical consideration shall be come a requirement in the issuance of location per mit, stipulation of location or license to change the use of land. Article 3 Guidance for land affairs technical consider ation in the issuance of location permit, stipulation of Business News 8135-8136/7-27- 2011 35 lor- arion Clnrl li~pnsf' to r.hrmge the use of land shall be impleme nted with the provision: a. not sacrificing public interest; b. not affecting the use of surrounding land; c. complying with sustainobilitv principle; d. observing justice principle; and e. abldlnq by tilt: pr ovisiuu uf legislation. Article 4 11) The guidance for land affairs technical consider ation in the issuance of location permit, stipula tion of location and license to change the use of land as meant in Article 3 shall be written down further in technical guidance for the use and utili zation of land. 12) The technical guidance for the use and utilization of as meant in paragraph j 11 shall be contained in Attachment I to this regulation. Article 5 j 1) The land affairs technical consideration in the is suance of location permit, stipulation of location and license to change the use of land shall in clude: a. Minutes of technical land affairs consider ation; and b. maps of technical land affairs consideration. (2l Procedures for the issuance of the land affairs technical consideration as me ant in f'lilrilQ raph (1) shall be contained in Attachment II to this regula tion. Article 6 The minutes as meant In Article 5 paragraph (1) IRttN a shill I r.ontain: a. approval or rejection of the whole land or part of land to be used for specified kind of the use Clnd utilization submitted by applicant through location permit, stipulation of location or license to change the use of land; and b. provisions and reuuir emeut s ill the use and utiliza tion of land for the whole land or part of land to be used for the specified land use and utilization which is approved as meant in letter a. Article 7 The maps of land affairs technical consider ation as meant in Article 5 paragraph 11) letter b shall consist of at least: a. directive of location position; b. land use; c. general description of land control; d. land capability; e. conformance of land use; f. availability of land; and g. land affairs technical consideration. Article 8 The formulation of minutes and maps as meant in Article 6 and Article 7 shall require data and information obtained on the basis of: a. collection of data arid inforrnation in the field; b. regency/municipal/provincial/national land use balance; and 36 c. data and information re sultinq from v ar iru is rF' quired sources. Article 9 (1) The tounulauou and is sue nee of land affairs tech nical consideration in the issuance of location per mit, stipulation of location and license to change the use of land shall be done by a team of land affairs tec hnical consideration, (2/ The team as meant in paragraph {1) shall consist of: a. In the case of Inter-Provincial Land Affairs Technical Consideration, it is executed by the National Team of Land Affairs Technical Con sideration stipulated by a decision of the Head of the National Land Affairs Agency of the Republic of Indonesia; b. In the Case of inter-regency/city land affairs tech nical consideration, it is excuted by the provincial team of land affairs technical con sideration stipulated by a decision of the Head of Regional Office of the National Land Affairs Agency; and c. In the case of land affairs technical consider ation in a regency/city, it is executed by the regency/municipal team of land affairs techni cal consideration stipulated by a decision of thp Head of Land Affairs Office (3) The membership composition of the national team of land affairs technical consideration as meant in paragraph 121 letter a shall consist of: a. Per soi Jnel In charge: The Head of the National Land Affairs Agency of the Republic of Indo nesia; b. Chairman concurrently member' The n"rLlty for Land Regulation and Arrangement Affairs; c. Secretary concurrently member: The Director of Land Arrangement; and d. Memut:l::; : Technical components within the National Land Affairs Agency of the Republic ot lndonesra. (4) The membership composition of the provincial team of land affairs technical consideration as meant in paragraph 121 letter b shall consist of: a. Personnel in charge: Head of Regional Of fice of the National Land Affairs Agency; b. Chairman concurrently: Head of Land Regu lation and Arrangement Division; c. Secretary : Head of Land Arrangement Sec tion concurrently member; and d. Members : Technical components within Regional Office of the National Land Affairs Agency (5) The membership composition of the regency/mu nicipal team of land affairs technical consideration as meant in paragraph 12/letter c shall consist of: a. Personnel 'In charge: Head of Land Affairs Office; b. Chairman concurrently: Head of Land Regu lation and Arrangempnt Section: c. Secretary : Head of Land Arrangement Sub Section concurrently member; and d. Members : Technical components within Land Affairs Office 37 (6) In executing their tasks, the teams of land affairs technical consideration in the issuance of loca tion permit, stipulation of location and license to change the use of land as meant in paragraph (21 shall be assisted by secretariat and field officers with the quantity and qualification adjusted to the si7p. and kind of thfl rnque sted activity. (7) The teams of land affairs technical consideration as meant in [1rlrrlorrl[1h (?) shall be stipulated ev ery fiscal year. Article 10 Requirements for 8[1plic8tinn anrt p er iorl of the issuance of land affairs technical consideration in the issuance of location permit, stipulation of location and license to change the use of land shall be in ac cordance with Regulation of the Head of the National Land Affairs Agency Number 1 Year 20 lOon Stan dard of Land Affairs Service and Regulation. Article 11 (1) The fostering and monitoring of the location per mit, stipulation of location and license to change the use of land shall be executed by: a. the Head of the National Land Affairs Agency of the Republic of Indonesia, in the case of national, provincial and regency/municipal level; b. head of regional office of the national land affairs agency, in the case of provincial and regency/municipal level; and c. head of land affairs office, in the case of re gency ImunicipClI level. {2) The implementation of the fostering and monitor ing as meant In paragraph (1) in the case of loca tion permit shall be done by reqardinq: a. minutes of land affairs technical consider arion: ann b. provision in Regulation of the State Minister of Agrarian Affairs/Head of the National Land Affairs Agency Number 2 Year 1999 on Loca t iori Permit. (3) Results of the fostering and monitoring as meant in paragraph (21 snau become substances of con· sideration in the null ification of location permit as meant in Government Regulation Number Jt) Year 2007 on the sharing of public administration af fairs between the government, provincial admin istration and regency/municipal administration At tachment I sub-field 1 point 3 letter h. (4) The nullification of the location permit as meant in paragraph 131 shall be done by the Head of the National Land Affairs Agency of the Republic of Indonesia on the basis of recommendation of: a. the provincial government with consideration of Head of Regional Office of the National Land Affairs Agency; and b. regency/municipal government With consider ation of head of land affairs office. Article 12 The cost of land affairs technical consider ation in the issuance of location permit, stipulation of location and license to change the use of land shall be e xecutod in accordance with Government Regulation 38 Number 13 Year 2010 on Kind and Tariff of Non-Tax State Revenue Effective within the National Land Af fairs Agency. Article 13 This regulation shall come into force 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 Editor's note: Due to technical reason, the attachments are not published. (R) Business News 8135·8136/7-27-2011 39