Regulation of the National Land Agency No. 2/2013 on delegation of authority to issue land titles and land registration

GOVERNMENT REGULATIONS THE DELEGATION OF AUTHORITY TO ISSUE LAND TITLES AND LAND REGISTRATION (Regulation of the National Land Agency No. 2/2013 dated January 28, 2013) BY THE GRACE OF GOD ALMIGHTY THE HEAD OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA, Considering : a. to create pu~lic services and bureaucratic re­ forms, it is necessary to improve services and government programs in the field of land affairs; b. to improve services as referred to in letter a, it is necessary to delegate wider a1 ithority to heads of the Regional Offices of the National Land Agency and heads of Land Offices on the granting of land titles and land registration; c. based on the considerations in letters a and b, it is necessary to stipulate Regulation of the Head of the National Land Agency on the Delegation of Authority to Issue Land Titles and Land Registra tion; Statute Book No. 2117); 3. Law No. 25/2009 on Public Services (Statute Book of 2009 No. 11 2, Supplement to Statute Book No. 5038); 4. Government Regulation No. 40/1996 on Land Use Titles, Right to Build and Right to Use Land (Statute Book of 1996 No. 58, Supplement to Statute Book No. 3643); 5. Government Regulation No. 24/1997 on Land Registration (Statute Book of 1997 No. 59, Sup­ plement to Statute Book No. 3696); 6. 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); 7. Presidential Regulation No. 1 0/2006 on National ; Land Agency as already amended by Presidential Regulation No. 85/2012 on Amendment to Presi- ' 1 In view of : dential Regulation No. 10/2006 on National Land 1. Law No. 5/1960 on Basic Regulation on Agrar- Agency; ian Principles (Statute Book of 1960 No. 104, 8. Presidential Decree No. 67 /M/2012 on the Pro Supplement to Statute Book No. 2043); motion of Head of the National Land Agency; 2. Law No. 56 Prp/1960 on the Size of Farm Land 9. Regulation of the State Minister for Agrarian Af (Statute Book of 1960 No. 17 4, Supplement to fairs/Head of National Land Agency No. 3/1997 Business News 8513-851412-5-2014 27 28 1 GOVERNMENT REGULATIONS on Provisions to Implement Government Regula­ tion No. 24/1997 on Land Registration; 10. Regulation of the Head of National Land Agency No. 3/ 2006 on the Organization and Work Mech­ anism of the National Land Agency; 11 . Regulation of the Head of National Land Agency No. 4/2006 on the Organization and Work Mech­ anism of Regional Offices of the National Land Agency and Land Offices; 12. Regulation of the Head of National Land Agency No. 1/2010 on Service Standard and Land Con­ trol; DECIDES: To stipulate : REGULATION OF THE HEAD OF NATIONAL LAND AGENCY ON THE DELEGATION OF AUTHORITY TO GRANT LAND TITLES AND LAND REGISTRATION. CHAPTEFl I GENERAL PROVISIONS Article 1 Referred to in this Regulation as : 1 . Land titles are freehold title, cultivation right title, building right title and right to use title. 2. State land or land directly controlled by the state is land that is not owned by land titles. 3. Management right is the state's right to control where the authority to exercise it is partly del­ egated to its owner. 4. The granting of land titles is government decision granting right to state land, including extending the period of right, renewing right and granting right above management right. 5. The granting of right to general land is the grant- I ing of right to a plot of land that meets certain criteria to right recipient that meet certain criteria based on a decision on the granting of right. 6. The extension of period of right is the extension 1 of validity period of right to land upon request before its right expires. 7. The renewal of right is the granting of the same right to the land title holder upon request after the period of the right expires. 8. The Regional Office of the National Land Agen­ cy, hereinafter called BPN Regional Office, is a vertical agency of the National Land Agency in a province seconded and responsible to the Head of National Land Agency. 9. Land Office is a vertical agency of the National Land Agency in a regency/municipality second­ ed and responsible to the Head of National Land Agency through BPN Regional Office. CHAPTER II SCOPE Article 2 This Regulation governs the authority to grant land titles and land registration. Business News 8513 851412-5-2014 GOVERNMENT REGULATIONS CHAPTER Ill AUTHORITY TO GRANT LAND TITLES Part One Authority of Head of Land Office Paragraph 1 Freehold Title Article 3 Heads of Land Offices issue decisions on : a. the granting of freehold titles to individuals over farm land covering an area of not more than 50.000 M 2 (fifty thousand square meters). b. the granting of freehold titles to individuals over non-farm land covering an area of not more than 3.00J M 2 (three thousand square meters). c. the granting of freeholc'. titlos to legal entities in the religious and social fields stipulated based on Government Regulation No. 38/1963 on the Ap­ pointment of Legal Entities that can have freehold titles, over non-farm land covering an area of not more than 50,000 (fifty thousand square meters). d. the granting of freehold titles over land within the framework of implementing programs on : 1 . transmigration; 2. land redistribution; 3. land consolidation; 4. programs funded by the State Budget (APBN) and/or Regional Budget (APBD); and 5. strategic and massive land registration. Paragraph 2 Building Right Titles Article 4 Heads of Land Offices issue decisions on : a. the granting of building right titles to individu­ als over land covering an area of not more than 3.000 M 2 (three thousand square meters). b. the granting of building right titles to legal enti­ ties over land covering an area of not more than 20.000 M2 (twenty thousand square meters); and c. the granting of building right titles over land under management right. Paragraph 3 Right to Use Titles Article 5 Heads of Land Offices issue decisions on : a. the granting of right to use titles to individuals over farm land covering an area of not more than 50.000 M 2 (fifty thousand square meters). b. the granting of right to use titles to individuals over non-farm land covering an area of not more than 3.000 M2 (three thousand square meters); c. the granting of right to use titles to private legal entities, state-owned companies (BUMN)/region­ al government-owned companies (BUMD) over non-farm land covering an area of not more than 20,000 M 2 (twenty thousand square meters); d. the granting of right to use titles over land under management right; and e. the granting of right to use titles over assets of the central government and regional govern- i ments. Business News 8513·851412·5·2014 29 30 GOVERNMENT REGULATlONS Paragraph 4 Cooperation Permits and Land Acquisition Permits Article 6 Heads of Land Offices issue decisions on : a. the granting of management right holders' per­ mits of cooperation with third parties, if required in a decision on the granting of management right; b. the granting of land acquisition permits to social and religious bodies, if required in a decision ap­ proving the legal entities to have land with free­ hold titles. Part Two Authority of Heads of Regional Offices of National Land Agency Paragraph 1 Freehold Titles Article 7 Heads of BPN Regional Offices issue deci­ sions on : a. the granting of freehold titles to individuals over farm land covering an area of more than 50,000 M2 (fifty thousand square meters) and of not more than the maximum limit of individual farm land ownership. b. the granting of freehold titles to individuals over non-farm land covering an area of more than 3,000 M2 (three thousand square meters) and of not more than 10,000 M2 (ten thousand square meters). c. the granting of freehold titles to legal entities in the religious and social fields stipulated based on Government Regulation No. 38/ 1963 on the Ap­ pointment of Legal Entities that can have free­ hold titles, over non-farm land covering an area of more than 50,000 M2 (fifty thousand square meters) and of not more than 150,000 M2 (a hun­ dred and fifty thousand square meters). Paragraph 2 Cultivation Right Titles Article 8 Heads of BPN Regional Offices issue deci­ sions on the granting of cultivation right titles over land covering an area of not more than 2,000,000 M2 (two million square meters). Paragraph 3 Building Right Titles Article 9 Heads of BPN Regional Offices issue deci­ sions on : a. the granting of building right titles to individuals over land covering an area of more than 3,000 M2 (three thousand square meters) and of not more than 10,000 M2 (ten thousand square meters); b. the granting of building right titles to legal entities over land covering an area of more than 20,000 M2 (twenty thousand square meters) and of not more than 150,000 M2 (a hundred and fifty thou­ sand square meters). Business News 8513 851412·5-207'1 GOVERNMENT REGULATIONS Paragraph 4 Right to Use Titles Article 10 Heads of BPN Regional Offices issue deci­ sions on : a. the granting of right to use titles to individuals over farm land covering an area of more than 50,000 M2 (fifty thousand square meters) and of not more than 100,000 M 2 (a hundred thousand square meters); b. the granting of right to use titles to individuals over non-farm land covering an area of more than 3,000 M2 (three thousand square meters) and of not r.ore than 10,000 M 2 (ten thousand square meters); c. the granting of right to use titles to private le­ gal entities, state-owned companies (BUMN)/ regional government-owned companies (BUMD), over non-farm land covering an area of more than 20,000 M2 (twenty thousand square meters) and of not more than 150,000 M 2 (a hundred and fifty thousand square meters). Paragraph 5 Redistribution of Land of Landreform Object Article 11 Heads of BPN Regional Offices issue deci­ sions on the designation of state land to become Ian­ , dreform object. Part Three Authority of the Head of National Land Agency Article 12 The Head of National Land Agency decides the granting of rights to land given publicly. Article 13 The Head of National Land Agency decides the granting of rights to land whose authority is not delegated to Heads of BPN Regional Office or Heads of Land Offices. CHAPTER IV AUTHORITY OF LAND REGISTRATION Part One The Authority to Sign Maps of Plot of Land and Cer­ tificates of Land Measurement Article 14 ( 1) Maps of plots of land and certificates of land mea­ surement are signed by Head of Survey, Measure­ ment and Mapping Section at the same time. (2) Maps of plots of land used by the land inspection committee, land research team, and/or committee C and certificates of land measurement are part of land certificates. Article 15 (1) If the Head of Survey, Measurement and Mapping Section is not present due to official task, leave, illness or other causes for more than 5 (five) con­ secutive working days and no official or person in Business News 8513-851412·5·2014 31 GOVERNMENT REGULATIONS charge is appointed by the Head of Survey, Mea­ surement and Mapping Section, maps of plots of land and certificates of land measurement as referred to in Article 14 paragraph ( 1) shall be signed by the Head of Survey, Measurement and Mapping Section on behalf of the Head of Survey, Measurement and Mapping Section based on de­ cision on the appointment of officer to sign maps of plots of land and certificates of land measure­ ment decided by the Head of Land Office. (2) Copies of decision on the appointment of officer to sign maps of plots of land and certificates of land measurement as referred to in paragraph ( 1), are sent to the Head of BPN Regional Office and the Head of National Land Agency. Article 16 ( 1) In addition to the matters as referred to in Article 15 paragraph ( 1), the Head of Land Office can as­ sign the Head of Survey, Measurement and Map­ ping Section to sign maps of plots of land and cer­ tificates of land measurement as part of efforts to implement strategic, massive land programs and other programs, as well as to sign maps of plots of land and certificates of land measurement in the maintenance of land registration data (deriva­ tive) of more than 2,000 (two thousand) fields every year. (2) The giving of task to sign maps of plots of land and certificates of land measurement as referred to in paragraph ( 1) is to be provided for in a de Business News cision on the delegation of authority by Head of Land Office. (3) Copies of the decision on the delegation of au­ thority as referred to in paragraph (2) are sent to the Head of BPN Regional Office and the Head of the National Land Agency. Article 17 ( 1) The maintenance of land registration data related to the measurement of borders of plots of land can directly be given certificates of land measure­ ment without having to make maps of plot of land. (2) The split of certificates can directly be given cer­ tificates of land measurement without having to make maps of plot of land. (3) The separation of certificates can directly be giv­ en certificates of land measurement for a sepa­ rated plot of land without having to make maps of plot of land. (4) In case of transfer of right to part of plot of land, it must be first split/separated as referred to in para­ graphs (2) and (3) made on own behalf and later, land titles are made by conveyancer of land titles. Part Two The Authority to Sign Land Books and Certificates Article 18 In registering land sporadically, land books and certificates are for the first time signed by the Head of Land Office. 8514il-5-20J-I Article 19 GOVERNMENT REGULATIONS ( 1 ) If the Head of Land Office is not present duty to official duty, leave, illness or other causes for 10 (ten) consecutive working days, the Head of BPN Regional Office shall appoint acting Head of Land Office. (2) A copy of the decision on the appointment of act­ ing official as referred to in paragraph ( 1 ) is sent to the Head of National Land Agency. Article 20 ( 1) If the Land Office has a job load of more than 1,000 (a thousand) per month, the authority to sign land books and certificates in the mainte­ nance of land registration data shall be delegated to the Head of the Land Titles and Land Registra­ tion Section. (2) With regard to the authority to sign land books and certificates by the Head of the Land Titles and Land Registration Section as referred to in paragraph ( 1) for the maintenance of land regis­ tration data, there are activities as followed: a. registration of right of security, transfer of right of security (Cessie), a change in credi­ tors (subrogation); b. registration of freehold titles over units of flat; c. signing of written statement of land registra­ tion; d. registration of confiscation and lifting of con­ fiscation; e. checking of certificates; and f. other recordings. (3) If the Land Office has a job load of more than 3,000 (three thousand), the Head of Land Office can delegate part of the authority delegated to the Head of Land Titles and Land Registration as referred to in paragraph (2) to each head of sec­ tion at the Land Titles and Land Registration Sub­ section. (4) Copies of decision on the delegation of authority as referred to in paragraphs (2) and (3) are sent to the Head of BPN Regional Office and the Head of National Land Agency. Article 21 The job load as referred to in Article 20 para­ graphs ( 1 ) and ( 3) is calculated based on average land registration services in the past 6 (six) months stipulated by a decision of the Head of BPN Regional Office after a research has been carried out at the relevant Land Office. CHAPTER V OTHER PROVISIONS Article 22 The granting of freehold titles to non-farm land for individuals is the same as that referred to in Article 7 letter b. Article 23 (1) Recipient of delegated authority to grant land titles stipulated in this Regulation shall sign the delegation of authority on behalf of the Head of National Land Agency. (2) Recipient of delegated authority to maintain land registration data stipulated in this Regulation shall sign the delegation of authority on behalf of the Head of Land Office. Business News 8513-8514/2-5-2014 33 34 GOVERNMENT REGULATIONS Article 24 Recipient of delegated authority to grant land titles and conduct land registration is banned from splitting a plot of land which is ready to be granted , and/or registered with right to individuals or legal enti­ ties with the aim of issuing a decision on the granting of rights and land registration according to provisions on the delegation of authority in this regulation. Article 25 Violators of provisions in this Regulation are subject to disciplinary sanctions according to the law and regulation. Article 26 Heads of BPN Regional Offices and Heads of Land Offices shall soon delegate the authority as part of effort to implement this Regulation no later than 1 (one) month after it came into force. CHAPTER VI TRANSITIONAL PF10VISIONS Article 27 When this Regulation comes into force, all ap­ plications which have been received by the National Land Agency, BPN Regional Offices, and Land Offices but have not been signed by the authorized official ac­ cording to provisions before the coming into force of this regulation will be signed based on this regulation. CHAPTER VII CONCLUSION Article 28 When this Regulation comes into force, Reg­ ulation of the Head of National Land Agency No. 1 /2011 on the Delegation of Authority to Grant Land Titles and Conduct Certain Land Registration as al­ ready amended by Regulation of the Head of National Land Agency No. 3/2012 on Amendment to Regula­ tion of the Head of National Land Agency No. 1/2011 on the Delegation of Authority to Grant Land Titles and Conduct Certain Land Registration and regulation contradicting this Regulation shall be revoked and de­ clared null and void. Article 29 This Regulation shall come into force 1 (one) month after the date of stipulation. For public cognizance, this Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On January 28, 2013 THE HEAD OF NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA sgd, HENDARMAN SUPANDJI Promulgated in Jakarta On March 15, 2013 THE LAW AND HUMAN RIGHTS MINISTER OF THE REPUBLIC OF INDONESIA, sgd, AMIR SY AMSUDDIN (S) Business News 8513-851412-5-2014