Regulation of the National Agrarian Agency No. 5/2011 on the procedure of making effective use of state land from abandoned land

32 GOVERNMENT REGULATIONS THE PROCEDURE OF MAKING EFFECTIVE USE OF STATE LAND FROM ABANDONED LAND {Regulation of the National Agrarian Agency No. 5/2011 dated July 14, 2011) BY THE GRACE OF GOD ALMIGHTY THE HEAD OF THE NATIONAL AGRARIAN AGENCY OF THE REPUBLIC OF INDONESIA, Considering : That to make effective use of state land from abandoned land as provided for in Arf1cle 15 of Gov ernment Regulation No. 11/2010 on the Control and Effective Use of Abandoned Land, it is necessary to stipulate a Regulation of the Head of the National 1 Agrarian Agency on the Procedure of M;:iking Effer: ' tive Use of State Land from Abandoned Land; In view of : 1. Law No. 5 /1960 on the Basic Regulation of Agrarian Principles (Statute Book of 1960 No. 104, Supplement to Statute Book No. 2043); 2. Law No. 51 /Prp./1960 on Ban on the Use of Land without Permit from Its Owner or Proxy (Statute Book of 1960 No. 158. Supplement to Statute Book No.r 2106); 3. Law No. 41/1099 on Forestry as already amend ed by Law No. 1 9/2004 on the Passage of Gov ernment Regulation in lieu of Law No. 1 /2004 on Amendment to Law No. 41 /l 999 on Forestry into Law (Statute Book of 2004 No. 86, Supple ment to Statute Book No. 4412): 4. Law No. 1/2004 on State Treasury (Statute Book of 2004 No.5, Supplement to Statute Book No. 4355); 5. Law No. 18/2004 on Plantations (Statute Book of 2004 No. 84, Supplement to Statute Book No. 4411 ); 6. Law No. 32/2004 on Regional Governments (Statute Book of 2004 No. 125, Supplement to I St;:itute Rnok No 4437). RS alrer1rly r1mF>nrled hy Law No. 12/2008 on Second Round of Amend ment tu Law Nu. 32/ 2004 un Regional Govern ments (Statute Book of 2008 No. 59, Supplement to Statute Book No. 4844); 7. Law No. 26/2007 on Spatial Layout (Statute Book of 2007 No. 68, Supplement to Statute Book No. 4725); 8. Law No. 41 /2009 on the Protection of Sustain able F;:irm L;:inrl (Statute Rook of 2009 No. 1 49, Supplement to Statute Book No. 5068); 9. Guver nrrnmt Regulation No. 224/1961 on the Dis tribution of Land and the Granting of Compensa tion (Statute Book of 1961 No. 280, Supplement to Statute Book No. 2322); Business News 827516-29-2012 • GOVERNMENT REGULATIONS 10. Government Regulation No. 40/1996 on Long 18. Regulation of the Head of the National Agrar Lease Right, Building Right and Use Right (Stat- ! ian Agency No. 3/2006 on the Organization and i ute Dook of 1996 No. 58, Supplement to Statute , Work Mechanism of the National Agrarian Agcn Book No. 3643); cy; 11. Government Regulation No. 24/1997 on Land 19. Regulation of the Head of the National Agrar Registration (Statute Book of 1997 No. 59, Sup- ian Agency No. 4/2006 on the Organization and plement to Statute Book No. 3696); Work Mechanism of Re~;ional Offices of the Na 12. Government Regulation No. 38/2007 on the tional Agrarian Agency and Land Offices; Sharing of Government Affairs among the Gov- 20. Regulation of the Head of the National Agrarian ernment, Provincial Governments and Regency/ Agency No.4/2010 on the Control of Abandoned Municipal Governments (Statute Book of 2007 1 Land; No. 82, Supplement to Statute Book No. 4737); 21. Regulation of the Head of the National Aorarian 13. Government Regulation No. 11/2010 on the Con- Agency No. 1 / 2011 on the Delegation of Author Lrul ,:md Erfeclive Use of Audndur1erJ LdnrJ (Stal- ity to bsue LanrJ Titles dllrJ Register Certain LanrJ; ute Book of 2010 No. 16, Supplement to Statute 1 Book No, 5098); 14. Government Regulation No. 13/2010 on the Types and Tariffs of Non-Tax State Revenues at the National Agrarian Agency (Statute Book of 2010 No. 18, Supplement to Statute Book No. 5100); DECIDES: To stipulate : REGULATION OF THE HEAD OF THE NATIONAL AGRARIAN AGENCY ON THE PROCEDURE OF MAKING EFFECTIVE USE OF STATE LAND FROM 15. Presidential Regulation No. 10/2006 on National ' ABANDONED LAND. Agrarian Agency; 16. Regulation of the Agrarian Minister/Head of the National Agrarian Agency No. 3/1997 on Provi sions on the Implementation of Government Reg ulation No. 24/ 1997 on Land Registration; 17. Regulation of the Agrarian Minister/Head of the National Agrarian Agency No. 9/1999 on the Pro cedures of Issuing Land Titles and Management Rignts: CHAPTER I GENERAL PROVISIONS Article 1 Referred to in this regulation as : 1. State land from abandoned land is land which has been declared abandoned, has its right abolished, has its legal ties severed, and is declared as land directly controlled by the state as state public ·······-··· Business N<?ws 827516-29-20 I Z 33 GOVERNMENT REGUlATIOtsS reserve land, hereinafter called TCUN. CHAPTER 111 2. National team for the control and effective use of THE AVAILABILITY OF abandoned land, hereinafter called national team, STATE PUBLIC RESERVE LAND is a team tasked with assisting the Head of the Article 3 National Agrarian Agonoy in controlling and using TCUN is obtflined from stMP. land from aban effectively TCUN. doned land decided by the Head based on Govern 3. fhe public is an individual or a group of individu- ment Regulation Nu. 11/2010 011 th~ Control and Ef als. 1 fective Use of Abandoned Land and Regulation of the 4. Head is the Head of the National Agrarian Agen- Head of the National Agrarian Agency No. 4/2010 on cy. the Procedure of Controlling Abandoned Land. 5. Head of regional office is the head of the provin cial office of the National Agrarian Agency. 6. Head of Office is the head of the regency/munici pal agrarian office. CHAPTER II SCOPE Article 2 {1) This regulation deals with the procedure of mak ing effective use of TCUN. (2) The procedure of making effective use of TCUN as referred to in para ( 1), covers: a. the availability of TCUN; b. the certainty about TCUN objects; c. the s~fP.guarrl of TCUN; d. the appropriation and control of appropriation or TCUN; e. TCUN database; f. the supervision and control of TCUN; g. the reporting of TCUN; and h. fees. Article 4 ' (1) Within the framework of appropriation and con- i trol of appropriation, control, ownership, use and uti!izntion of TCUN, the Hoad shall decide aban doned land and abolish land titles, sever legal ties and aftrrm 1t as land directly controlled by the state. (2) TCUN is allocated nationwide to public and state interests through : a. agrarian reform; b. strategic state program; and c. other state reserves. (3) The allnr:r1tion of TCUN sh;::ill bP. ~djustP.d to the availability of land. Article 5 TCUN will be allocated if the land is not in a Business News 827516-29·-2012 GOVERNMENT REGULATIONS CHAPTER IV CERTAINTY ABOUT LAND OBJECTS AS STATE PUBLIC RESERVES Article 6 ( 1) Cenaimy that object is not in a dispute is neeued to ensure the effective use of TCUN. (2) The certainty of object as referred to in para ( 1) is needed to ensure that TCUN is not in a physical dispute and judicial dispute .. Article 7 The certainty that object is not in a physical dispute as referred to in Article 6 para (2) is that : a. TCUN is not being cultivated and controlled by other parties; b. there is a group of individuals registered by the National Agrarian Agency as old cultivators in TCUN. Article 8 The certainty that object is not m a judicial dispute as referred to in Article 6 para (2) is that : a. TCUN is not beinq tried in a court; 1 b. TCUN is being tried in a court and no court verdict with fixed legal force is i13sucd in favor of plaintiff. Article 9 ( 1) If a group of individuals has cultivated abandoned (2) The prevention effort as referred to in para (1) shall be made to ensure that the area of TCUN 1 and the area of land contrnllerl hy C:llltiv,Hnrs will remain unchanged until it can be used effectively. (3) Tl1e preve11Liun effurl as referred to in para (1) shall be contained in a written statement made by each cultivator as stated in Attachment 1. (4) The written statement as referred to in para (3) i states that the cultivators: a. will not expand the area of land cultivated; b. will not transfer the land to other party; and c. are ready to comply with provisions on the ef fective use of TCUN. CHAPTER V THE SAFEGUARDING OF STATE PUBLIC LAND RESERVE Article 10 The safeguarding of TCUN is designed to ; a. protect and prevent TCUN from being occupied, cultivated, and controlled by new cultivators; b. prevent a dispute when the land is to be allocated and used effectively; and c. facilitate and smoothen the allocation and effec tive use of the land. Article 11 The safeguarding of TCUN as referred to in land when declared TCUN, an effort shall be made Article 1 O covers administrative and physical safe to prevent old cultivators from cultivating more ' guarding conducted since the land is declared aban 1-and anti new cu\t',vators from entering TCUN. doned until the land is used effectively. Business News 817516-,9-2012 , 35 GOV£Rt1ME'.NT REGULATIONS Article 12 [1) The administrative safeguarding as referred to in Article 11 covers: a. the special keeping of documents related to decisions declaring abandoned land and other data related to TCVN; b. the s1:1feguarding of dnta secrecy; c. the back up of data; and d. the prevention ot data manipulation. 1 (2) The documents related to decisions declaring abandoned land and other data as referred to in para ( 1) letter a must not be given to unauthor ized parties. Article 13 The physical safequardinq as referred to in Ar ticle 11 is done by: a. putting up an announcement board that the land is directly controlled by the state in the location of TCUN as contained in Anachmem 2; b. maintaining boarder marks and coordinate data; c. banning other parties from occupying and/or cul tivating TCUN; d. involving police and other related agencies to pro· tect TCUN from new cultivation; and e. involving local people to protect TCUN from new cultivation. Article 14 { 1) The physical safeguarding of TCVN is done by the Head of Regional Office assisted by the Heact er( the Office concerned. (2} In conducting the physical safeguarding of TCUN · as referred to in para ( 1 l, the Head of Land Office shall : a. coordinate with police and related agencies; b. empowering the public to participate in the ' safeguarding of TCUN. Article 15 ( 1) The Head of Office shall periodically report devel opments in the safeguarding of TCUN to the Head of Regional Office at least once every month. {2l In the event of an action disrupting TCUN, the Head of Office shall coordinate with police and other related agencies according to their authority and report it to the Head of Regional Office. CHAPTER VI APPROPRIATION AND CONTROL OF APPROPR!A T!ON OF STATE PUBLIC LAND RESERVES Part One General Article 16 { 1) The appropriation of control, ownership, use and utilization of TCVN shall be used effectively in the interests of the public and the state through : a. agrarian reform program; b. allocation of strategic state program; and c. appropriation of other state reserves. {2) The appropriation of control, ownership, use and TCUN as referred to in para (1 l i:. Business News 8275/6·29·2012 GOVERNMENT REGULATIONS done by the Head based on technical consider- 1 ations from the national team. (3) The technical considerations from the national team as referred to in para (2) shall be based on a. national strategic interest; b. general spatial layout plan; c. The size of TCUN resulting from measurement in a circle; and d. the appropriateness of land and regional carry ing capacity for each type of appropriation as referred to in para (1 ). (4) Data and information used in technical consid- i a. plan activities for the appropriation and con- 1 trol of appropriation of TCUN; b. coordinate with related agencies; c. make an analysis, give technical consider ations for the r.ontrnl nf ::ippropri::ition. nwnP.r- 1. ship, use and utilization in the form of appro prialiur1 uf TCUN lu li1e Head; and d. carry out other tasks given by the Head. (3) The Head shall decide the appropriation of TCUN ! as referred to in Article 16 para ( 1) based on technical considerations from the national team as referred to in para (2) letter c. erations as referred to in para (3) are obtained 1 (4) The appropriation of TCUN as referred to in para from the Provincial Office of the National Agrarian Agency, Land Office and related agencies. Part Two National Team Article 17 (1) The national team as referred to in Article 16 para (2) is stipulated by the Head. (2) The national team as referred to in para (1) is led by the Head assisted by the Deputy for Land Con trol and People's Empowerment as day-to-day chief. Article 18 { 1) The national team shall assist the Head in control ling and using effectively abandoned land. (2) In making effective use of TCUN, the national team shall : (3) shall be put in the decision of the Head on the appropriation of TCUN, along with the appropria tion map of TCUN as contained in Attachment 3, , containing : a. agrarian reform program; b. ;illocation of state strategic program; and/or c. appropriation of other state reserves. Article 19 (1) To help carry out the tasks of the national team. the day-to-day chairman as referred to in Article 17 para 121 shall form a secretariat. (2) The secretariat as referred to in para (1) shall be stipulated by the day-to-day chief and tasked with: a. helping the day-to-day chairman prepare data and information; b. carrying out other administrative tasks; and Business N;,ws 8275/6-29-2012 37 GOVERNMENT REGlll,I.TIONC; c. assisting the national team in carrying out oth er tasks. Part Three Appropriation of TCUN Paragraph 1 Agrarian Reform Program Article 20 (1 l The approp1iatiun of TCUN fur the public through an agrarian reform program shall be used for agri cultural and non-agricultural purposes by observ ing the technical considerations from the national team. , {2) The appropriation of TCUN for the public through an agrarian reform program as referred to in para 11) shall administratively be done through agrarian programs. ;: (3) The appropriation of TCUN as referred to in para (2) shall be done by the Head of Regional Office after receiving a decision trom the Head on the appropriation of TCUN. Paragraph 2 Strategic State Program Article 21 ( 1) The appropriation of TCUN tor a strategic state program shall be used among others to develop the food, energy, and public housing sectors in an effort to improve the public welfare, {2) The appropriation of TCUN as referred to in para ( 1) shall be used for; a. the public; b. legal entities; and/or c. cooperation between the public and legal enti- ' ties; (3l The appropriation of TCUN as referred to in para (2) shall be done based on technical consider ations from the national team as referred to in Article 16 para (2). Article 22 The appropriation of TCUN for the public as ' referred to in Article 21 para {2) letter a shall be done through an agrarian reform as referred to in Article 20, particularly by developing the food, energy and public hlousing sectors. Article 23 The appropriation ot TCUN for legal entities as referred tu in Artii.;le 21 µaro (2) !etter b :;liall be done in phases as follows: a. announcement on the availability of TCUN for a strategic state program on the print and/or elec tronic media in a transparent way; b. the tiling of applications, along with proposal and feasibility study results by legal entities as would be recipients of TCUN, to the Head as contained in Attachment 4; c. the presentation of proposal and feasibility study results by legal entities as would-be recipients of TCUN before the national team; Business News 827Sl6-Z9-2012 GOVERNMENT REGULATIONS d. the conveyance of technical considerations re sulting from the evaluation of the presentation by legal entities as would-be recipients of TCUN by the national team to the Head. Article 24 (1) Legal entit"res as would-be recipients of TCUN through a strategic state program shall meet the following qualifications: a. not being former holder of abandoned land titles; b. having no legal ties with former holder of abandoned land titles. (2) The legal ties as referred to in para ( 1) letter b comes in the form of : a. relations between 2 (two) legal entities, with 1 (one) or more members of the same board of directors or commissioners; b. relations between legal entity and other party, directly or indirectly, controlling or controlled by the legal entity; c. relRtinns hetween 7 (twn) legal entities cnn trolled, directly or indirectly, by the same par ty; d. relations between legal entity and preferential shareholder. (3) If the recipient of TCUN later turns out to have relations as referred to in para (2), the status as the recipient of TCUN shall be cancelled and the \~l'\cl sha\\ be controlled again by the state. Article 25 The Head shall decide legal entities as recipi ents of TCUN based on technical considerations from the national team. Article 26 ( 1) The appropriation of TCUi'J for the public and le gal entities through cooperation as referred to in Article 21 para (2) letter c shall be done in stages as follows: a. filing applications for TCUN, along with pro- : posals to the Head: b. making the presentation of proposals before the national team; (2) The national team shall convey technical consid erations resulting from the evaluation of the pre sentation as referred to in para ( 1) letter b to the ' Head. (3) The cooperation as referred to in para (1) shall be put in a cooperation agreement under the prin- i ciples of : a. supporting strategic state program; and b. mutual benefit; Paragraph3 Appropriation of Other State Reserves Article 27 (1) The appropriation of TCUN for other state re serves is done by considering the availability of land, the appropriateness of land, and the capac ity of land for national interests. Business N~--ws 8275/6-29-2012 , 39 GOVERNMENT REGULAflON) (2) The appropriation of TCUN tor other state re serves is done to meet land needs in the interests of the government. defense and security. land needs to relocate and resettle the public affected by naturtil disasters or dovclopmcnt projects in the interests of the public. (3) The Head shall have the authority to manage TCUN as referred to in para (1) before being used effectively for national interests. (4) The Head shall decide the recipients of TCUN as referred to in para (2). Article 28 The process of granting rights, typP.s of rights, and period of rights to TCUN as referred to in Artlcle 24, Article 20, and Arth;le 27 para (2) shall be based on the law and regulation. Part Four Obligations of and Ban and Sanctions on the Recipients of TCUN Article 29 (1) The recipients of TCUN shall have the obligation to: a. manage their land themselves; b. increase production; c. Keep and improve land· fertility and conserve !and. (2) The recipients of TCUN tor the allocation of stra tegic state programs are not allowed to change the specified development sector. (3) Violation ot the provisions in para ( 1) and para (2) leads to cancellation of land titles tor the sake of law and the !and is controlled again by the state. CHAPTER VII DAT A BASE OF ST A TE PUBLIC LAND RESERVES Article 30 {1} To support smooth processing of data on the ef fective use of TCUN, TCUN database covering textual and spatial data is built. (2) Any change in the appropriation of control, own· ership, use and utilization of TCUN shall be re corded in the data base. (31 The TCUN data base management system as re ferred to in para 11) is integrated with the data re· cording system at the National Agrorian Agency. {4} The building of textual and spatial data base is done in stages from Regional Offices to the Na tional Agrarian Agency. (5) The keeping of textual and spatial data as referred to in para (1) is done according to the law and regulation in force. Article 31 The TCUN data base as referred to in Article 30 covers: a. status of land titles before being declared TCUN; ; b. location, borders and size of land; c. use and control of land; d. administrative map; \ e. regional spatial layout plan; Business News ll275i6·29-2011 GOVERNMENT REGULATIONS f. land cApacity; g. land registration map; ti. cultivolio11; cmd 1. other agrarian data. Article 32 The TCUN data base as referred to in Article 31 is used to support : a. analysis of the appropriation of TCUN in the in terest of agrarian reform program, strategic state program and appropriation of other state reserves; b. analysis of the use of TCUN for the public, the government and legal entities; c. drawing up of TCUN; d. naming of would-be recipients of TCUN, determi nation of location and size of land to be received, and location and size of public facilities and social facilities; e. distribution of TCUN to would-be recipients; f. facilities for the supervision, control and reporting of TCUN; and/or g. other purposes according to the law and regula tion in force. CHA/-' fl::R VIII SUPERVISION AND CONTROL OF ST ATE PUBLIC LAND RESERVES Article 33 ( 1) Supervision and control of effective use of TCUN is done in stages from the central government down to regions. (2) ThP. Head through the national team shall super vise and control the effective use of TCUN. (3) The Deputy for Agrarian Control and Public Cm powerment shall coordinate supervision at central level. (4) Heads of Regional Offices shall supervise and control the effective use of TCUN in the'ir respec tive region. (5) The supervision and control shall be done by in volving public participation. Article 34 ( 1) Supervision and control shall be done through : a. periodic and incidental data reporting system; , b. supervision by the national team to regional offices; c. periodic and incidental inspection to regional offices; and d. periodic and incidental technical meeting. (2) The supervision and control shall be done by tak ing advantage of information technology system particularly land program quality control system. CHAPTER IX REPORTING OF ST A TE PUBLIC LAND RESERVES Article 35 ( 1) Heads of Regional Offices shall report TCUN to the Head attn. the national team every month, quarter and year according to formats as con tained in Attachment 5 and Attachment 6. (2) The Head shall report the effective use of TCUN 8usfntts$ News 3275.-' 6-i.'9--10 i 2 41 , I GOVERNME~IT REGULATIONS to the President. Article 36 No any form of permit/decision/letter other than those stipulated by the Head may be issued with regard to TCUN. CHAPTER X EXPENSES Article 37 All expenses arising from the implementation 1 of this regulation shall be borne by the state bud get and other legal sources according to the law and l regulation. CHAPTER XI CONCLUSION Article 38 ( 11 When this Regulation begins to take effect, De crce of the Head of the National Agrarian Agency No. 24/2002 on the Implementation of Govern ment Regulation No. 36/1998 on the Control and Effective Use of Abandoned Land, and other regulations contradicting this Regulation shall be revoked and declared null and void. (2) This Regulation shall come into force as from the date of stipulation. Stipulated in Jakarta On July 14, 2011 THE HEAD OF THE NA T!ONAL AGRARIAN AGENCY OF THE REPUBLIC OF INDONESIA, sgd. JOYO WINOTO, Ph.D. Editor's Notes : Attr1chments are not carried for technical reasons. (S) Business News 827516-29-2012