Regulation of the Head of National Land Affairs Agency of RI No. 7/2007 on Land Audit Committee

20A LAND AUDIT COMMITTEE (R~ulation of the Hpad of National Land Affair!; Agency of RI NO.7 Year 2007, dated July 11, 2007) WITH THE BLESSING OF THE ONE AND ONLY GOD, THE HEAD OF NATIONAL LAND AFFAIRS AGENCY OFRI, . ConsiderinCl: a. that for smooth implementation of the services relat ing to application for right and recognition of right on land, Decision of the Head of National Land Af fairs Agency of RINo. 12Year 1992 concerning Struc ture and Duties of the Land Audit Committee has been stipulated; b. that with the stipulationof Regulation of the Head of National Land Arralrs Agency of RI NO.4 Year 2006, concerning Organization and Work Procedure of Re gional Office of the National Land Affairs and Land Affairs Office,. resulting in amendment to the struc ture and organization within the Regional Office of National Land Affairs Agency and the Land Affairs OffICe, so that it is necessary to make adjustment to Decision of the Head of NationalLandAffairsAgency No.12Year 1992; c. that based onconsideration referred to in letters a and b, it is necessary to stipulate Regulation of the Head of National LandAffairs of RIconcerningLand Audit Committee; In view of: 1. Law NO.5 Year 1960, concerning Regulation on the Basic Principles of Agrarian Affairs (Statute Book of RI Yeor 1960 No.10i, Supplement to Statute Book of RI No.2034); 2. GOvernment RegulatIOn NO."W year 1996 (5879/18A 20A and so forth) concerning Right to Usefor Busi ness, Right to Build and Right to Use the Land(Stat ute Book of RIYear1996 No.40,Supplement to Stat~ Business News 762312-8-2008 ute Book of RI No.3643); 3. Government Regulation NO.24 Year 1997 (6139/ :l9A-24A andso forth) concerning LandRegistra tion (Statute Book of RI Year 1997 no.59, Supple ment to Statute Bookof RI No.3696); 4. Govemment Regulation No.46 Year 2002 (6866/ .tBA-.23A and$0 ftN'th) concerning Tariff for State non-Taxable Income valid on National Land Affairs Agency (Statute Bookof RIYear2002No.88,Supple ment to Statute Book of RI No ....220)i $. Government Regulation NO.16 year 2003,concerning Land Use AdminIstratIOn (Statute Book of Rl Year 2004 No.45, Supplement to Statute Book of RI No.4385); 6. Presidential Regulation NO.l0 Year2006, concerning National Land Affairs Agency; 7. Presidential Decree No.98/Mconcerning Appoinbnent of Head of national land Affairs Agency; 8. Regulation of the State Ministerof AgrarianAffairs I Head of NationalLand AffairsAgencY No.3Year1997, concerning Provision for Implementation of Gdvem~ rnent Regulation No.24Year 1997, concerning Land Regiwation; 9. Regulation of the State Minister of AgrarianAffairs I Head of NlItional Land Affairs Agency (ONI'D. 6292 pages7A-I0A) concerning Delegation of Authority to Grantand Revoke Decision to GrantRIghtto state owned Land; lO.Regulation of the State Minister of Agrarian Affairs I Head of Nationall..and Affairs Agency No.9 Year1999, concemi~ concerning Procedure forGrantandRevoke of the Right to State-owned land and the Right to Manage; 11.Regulation of the Head of National Land Affairs Agency of RI No.3Year 2006, concerning Organiza tion and Work Procedure of National Land Affairs Agency of R); 12.RegulaUon of the Head of Natiomll Land Affdir;, Agency of RI No." '(ear 2006, concerning Organiza tion and Work Procedure of Regional Office of Na tionel Lend Affairs Agency and lClnd Affairs Office; DEC 1DES: To stipulate: REGUtATION Or THE HEAD OF NATIONAllJ\ND Af.. FAIRS AGENCY ON LAND AUOIT COMMnTCE. CHAPTER I GENERAL PROVISION Article 1 What is meanti" this Regulation by: 1. Land Audit Committee A hereinafter referred to D3 "Committee A" is committee that functions to con duct audit, research and reviewof physical data and juridical data both in the field and in the office in the contextof settlementof application for grant of Right to Ownership, Right to UseBuilding,Right to Use on the State-owned land, Right to Manage and applica tion for recognition of the Right to Land. 2. Land Audit Committee B hereinafter referred to as "Committee B" is committee that functions to con duct audit, research and review physical data and juridical data bothin the field and in the office in the contextof settlementof application for grant of, ex tensionand renewal of the Right to Use Building. 3. The land Research Team hereinafter referred to as "ResearchTeam" isteam thatfunctions to oonduct audit, research and review physical data and juridical data Business News 7623}2-8-2008 21A bothinthefieldandin the office inthecontext of settle ment of application for grant of right to Government dgerldt:!;"'Ownt!d and Reglollal Government lands 4. Land Audit Official hereinafter referred to as "Konstatasl omcers" are officers conducnnq audit of physical data and jundical data both in the field and In the office In the context of grant of right to land originating trom lana wniet! right to land has ever been registered and extended as well as renewed, except the Right to UseBUilding. 5. Regional Office is Regional Office of the Provincial National Land Agency. 6. land Office is Regency / Urban OffICe. CHAPTER II LAND AUDIT COMMITIEE A Article 2 (1)Audit, research and review are conducted by Com mittee A to Obtain authenticity of the physical data and juridical data in the conteXtof grant of Right to Ownership, Right·to Use Building, Right to Use the State-owned land, Right to Manage and application for recognition of the right to land. (2) With respectto the authenticity of matelialfrom the documentfile filed in the context of applicationI rec ognition of the full right shall be the responsibility of the applicant. Article 3 (l)Composition of membersof Committee A comprises the Chairman alsoactina member,deoutv Chairman also acting as member, member, and non-member secretary. (2)Appolntment of official and/or staff of Committee A shaJI be stipulated by Decision of the Head of Land Affairs Office (3)Appointment of Head of Land Affairs Office over the officials and/or staff referred to in paragraph (2) shall be based on the main duty and function, expertise, experience and/or capability or the person concerned. (4)Chairman of Committee A shall appoint three (3) members to function in the field whereas the, other members shalt function in the office. (5) The Chief of Village or Village apparatus wllo are memberc;nf r:nmmittee A shall participate directly in tnt! field. Altide 4 (l)Committee A may establish more than one (1) com mittee, according to the need and avai,lability of the respective official/staff in the Land Affairs Qfflce. (2)If needed due to the need for service, the Head of Land Affairs Office may propose to the Head of Re· gional Office to request for manpower from other Land Affairs Office or staff from ReginnalOffic-e of the same Provincial region. (3)Ir needed due to the need for service, the Heed of Regional Office may request for manpower to the Head of National 'land Affairs Agency of RI In the context'ofcomplying with the establishment ot Com mittee A in the Land Affairs Office. (4)ln the context of procllrement of manpower as re ferred to in paragraph (3), the Head of National Land Affairs Agency of RI may assign the staff frnm other Regional Office to the Province in need. Article 5 Committee A is established and stipulated in Decision of the Head of Land Affairs Office. Business 'News,7623f2·8·2008 22A Article 6 (l)Committee A shall the duties, such as to: a. conduct audit on the completeness of application fife for grant of the Right to Ownership, Right to Use Building, Right to Use State~wned land, Rightto Mentlgc, and eppllcotion for recognition of the right to land; b. conduct research and review on the status of land, history of iand and legal relationship be tween the land being requested and the requester and other interest; c. research and review the physical status of the land being requested concerning control, use and status of the, land and the border ofthe land; d. collect data/darification from the bordering land owner; e. review the justification in the land use being re quested with the local Region Spat:e Layoutj f. prepare report result in the form of Minutes of Fiefd Audit; g. hold meetings based on the physical data and juridical data from field audit result, including other :;upporting data; and h. give opinion and consideration to the application For right to land, as set farth in Minutes of Lond Audit Committee signed by all members of Corn mittee A. (2)5hou\d there be member not willing to s\gn the Min utes the Land Audit Committee A referred to para graph (1), letter h, Committee A shall make notes on the M!nutes of Land Audit Committee A on the rejec· tion/objection. (3) Minutes ..... (3) Minutes of· Land Audit Committee A not signed by either of the members as referred to in paragraph (2), shall not diminish the authenticity of the Min utes by Land Audit Committee A. Article 7 (1)COmpletion period of COmmittee A function shall be l;EVen (7) worlcing days at th~ long~~@ctjv£>as of the Assignment Letter is signed. (2)Considering the regional geographic condition or forc Ing condltlon (force ruejeure) UI~ periO{j (01 duty completion of CommitteeA may be stipulatedby the Head of land Affairs Office. Article 8 Minutes by the Land Audit Committee A clan ties: a.description of the right duly stipulated; b.dew-iption of supporting data of application; c.lagal basis for stipulation of right; d.Description and clarification of the subject of right; e.nescnpnon and darmcanon or the Object of right; f. analysis of the right to land to be stipulated; and g. Conclusion. Article 9 The nature and contents of Minutes of Field Audit and Minutes of Land Audit Committee A shall be asstated inAttachment 1andAttachmentn to thisRegu lation. Article 10 Committee A shall be responslme by taw ann administrativelyfor the contentsof the Minutes of land Audit Committee A. CHAPTER III LAND AUDIT COMMIn'EE B Business News 7623/2-8-2008 23A Artide 11 (l)Audit, research and review by Committee Bshall be conduct to obtain formalauthenticityof the physical data and juridical data in the context of settlement of application for grant,. extension and renewal of the Right to Use Building. (7)With ~pPrt to thP' i1uthentidty of the material from the file submitted in the context of application for full right shall be the applicant's responsibility. Article 12 COmposition of members of Committee B com prises: a. Head of Regional OffICe, as Chairman aIsc acting as member; b. Head of Survey, Measuring and Mapping Section of Regional Office, as member; c. Head of Land RightandLandRegistration of Regional Office, as member; d. Head of Coordinating and LandData Administration of Regional Office, as member; e. Head of COntrolling Land Affairs and Empowerment of the Communityof Regional Office, as member; f. RelevantRegenCYfUrban officials as member; g. Headof land Affairs Office concerned, as member; h. Head of relevant Provincial Service Offk:.e/Agency/ Technical Agency Office, as member; i. Head of Provincial Service Office/AgenCY/Office, as member(if the land being requested originatedfrom release of forest area or bordering the forest area); and j. Head section of Stipulating Individual LandRight or Head section of State-owned Land GOVerning of Re gional Office, as non-member secretary. ArticJe 13 Committee B is established and stipulated by Decision of the Head of Regional Office. Artide 14 •.•.. Artide 14 (I)Committee B shalltunctlon to: a. conduct audit on the compteteness ·of the file of application for grant, extension and renewal of Right to Use Building; b. Conduct research and review onthestatus r:A land, history of the land and legal relationship between the land being requested and the applicant and other Interests; c. conductresearch and review of the physical con dition of the land being requested on the control, use/land conditionand borders of the land being requested; d. determine whether the use of land justify or not wlth the regional deveJopment plan; e. hold meetings based on physical data and Juridi cal data resulting from the field audit including other supporting data; and f. give opinion and consideration on theappliCation, as set forth in the Minutes of Land Audit Commit tee B signed by all members of Land Committee B. (2)Ifthere is member not willing to sign the Minutes of Land AiJdltCommitteeB'!s referred to in paragraph (1), letter f, COmmlltee 8 shall make note on the Minutes of Land Audit Committee B on the rejectionl objection concerned. (3)Minutes of Land Audit Committee B not signed by ~ither of the members as referred to in paragraph (2). shallnot; diminish the authentidtv of the Min utes prepared by land Audit Committee B. Artidp 15 The Minutes prepared by Land Audit Commit tee 5 shall dariry the: D. description of the right to b@ stipl\la~; b. description of supporting data to application file; c. legal basis on stipulation of right; d. description and clarification of the subjf?ctnfiight; BU5iness-News 7623/2-8-2008 24A e. description and clarification of the object of right; f. analysis of the right to land to be stipulated, and g. conousion, Article 16 I he form and contents of Land Audit COmmit tee Bare in aa:ordance with Attachment III to this Regu lation. Article 17 (1) Period of comp1etionof Committee s's function shall be 30 (thirty) working days atthe latest effeettve as of the Assignment Letter Issigned. (2)Considering regional geOgraphic condition or forcing condition (force majeure) the period of completion of Committee B's function may be stipulated by the Head of Land Affairs Office. Article 18 CommittH R !iiihafJ bf! I1!Sponsibte by law and administratiVely for thecontenbiof theMinutes prepared by land Affairs Committee 8. CHAPTER IV LAND SURVEYOR TEAM Article 19 (l)Audit, research and review by the Surveyor Team shall be conducted to obtain the formal authenticity of the physical data and juridical data in the context of-settlementof application for grant of right to Gov ernmental agency-owned land. (2)With respect to the authentldty of the material from lhe me.submitted in the context of application for full right shall be the applicant's responsibility. Article 20 (l)COmposition of members of the Surveyor Team con sists of the Chai~nalso acting as member, Deputy Chairman ... , . Chairman also acting as member, member and non member Secretary. (2)Appointment of officials and/or staff as member of Surveyor Team shall be stipulated by Decision of the Head of Land Affairs Office. (3)The decision of the Head of Land Affairs Office on the official and/or staff as referred to in paragraph (2) is based on the main dUty and function, exper tise, experience and/or capability of the person con cerned. (4)Chairman of the Surveyor Team shall appoint two (2) members to function in the field and the other members shall function in the office. Article 21 TIle Surveyor Team shall funt;Uun to: a. conduct audit on the completeness of the file of ap plication for grant the Right to use and Right to Man age from the Government Agencyi b. conduct research and review on the status of land, history of the land and legal relationship between the land being requested and the applicant and other interests; c. conduct research and review of the physical condi tion of the land being requested on the control, use! land condition and borders of the land being re quested; d. Collect data/clarification from the bordering land owner; e. determine whether the use of land justify or not with the regional development plan; f. prepare reports as set forth in the form of Minutes of Field Audit acende: Business News ],623/2-8-2008 25A g. hold meetings based on physical data and juridical data resulting from the field audit including other supporting data: and h. give opinion and consideration on the application, as set forth in the Minutes of Land Surveyor Team signed by all members. Artide 22 (1) Period of completion of the Surveyor Team's func tion shall be seven (7) working days effective as of the Assignment Letter is signed. (2)Considering the regional geographic condition or forc ing condition (force majeurejthe period of comple tion of the Surveyor Team's function shall be stipu lated by the Head of Land Affairs Office. Artide 23 The Minutes prepared by Surveyor Team shall clarify the: h. description of the right to be stipulated; i. description of suppo~datato appHc.ationfile; j. legal basis on stipulatioFtofright; k. description and clarification of the subject of right; I. description andclarification of tile object of right; m. analysis ofthe rightto:landto be stiputatect and n.. Conclusion. AfticleM Theform and contents of Minutes or-Reid Audit and Mlnutes of l...c:Ind Surveyor Teatn AulJil ~114I1J.olI! as stated in Attachment IV and Attachment Vto this Regu lation. Artide25 The Surveyor Team shall be responsible by law and administrativelv for-the content,; of the Minutes of Land Surveyor Team Audit. r:HAPTFRV KONSTATASIOFACER Article 26 (1) Konstatasi Officer is Head of Land Affairs Office. (2)In~ 26A (2) In carrying its task, the Head of Land Affairs Office as Konstatasi Offier mayappoint Echelon IV and Ech elon V officials and senior staff according the main task and function, expertise, experienceand/or ca pability of the personconcerned and Konstatasi ot fi~r. (3)Konstatasi Officer appointed as referred to in para graph (2) may be increased to two (2) members at a maximum. (4)Undercertaincondition the Head of LandAffairs Of fICe may establish one (1) or more KonstatasiOf ficer. Article 27 Konstatasi Officer shall have the tasks to: a. conductaudit on the completeness of the file of ap plication for grant the right to land originating from land which right to land has been once registered, extendedand renewed; b. conduct research and review on the physical status of land beinq requested on the condition of land, area, borderof the land and other interests; c. determine where the land use justify with the re gionaldevelopmentplan; d. prepare report onthe resutt of field review basedon the physical data and juridical. data including other supporting data; and e. give opinion and'conskferaticm on the applicationas set forth inMinutesof Land Audit (KonstateringRap port) or the Offker appointed as referred to in ~r­ ticle 26. Artide28 (1) Period of completion of the J(o.nstatasi OffICer's tasks shallbe seven 17) workin9 daysat the longestertec tiVe asof the Assignment Letter is signed. (2)ConslderiOg the regional geographic. condition or fort; ing condition (force majeure) the periOd of comple tion of Konstatasi Officer's tasks may be stipulated by the Head of Land A.ffairs OffICe. ArtiCle 29 Minutes of Land Audit (Konstatering Rapport)darify the: a. description of the right to be stipulated; b. description of supporting data to application file; c. legal basis on stipulation of nght; d. description and clarification of the subject of right; e. description and clarification of the object of right; f. analysis of the right to land to be stipulated, and g. conclusion. Business News 7623/2-8 200S Article 30 The form and contents of the Minutes of land Audit (Konstatering Rapport) shalt be as stated in At tachment VI to this Regulation. Article 31 The Kon~ta!'>i Officer ·!>hall bE! responsible hy law and administrativelyfor the contentsof the Minutes of Land Audit (Konstatering Rapport). CHAPTER VI TARIFF FOR LAND AUDIT SERVICE Article 32 The taliff rate for land audit servke conducted by Committee /\', Committee B, Surveyor Team and Konstatasi Officer shall be in accordance with provision in the statutory regulation. CHAPTER VIII TRANsmONAl PROVISION Article 33 If a change takesptace in the service tariff for Itmd dudil, the dpplication for right to landreceived and paid shall be charged the tariff for land audit service in accordance with the old provision. CHAPTER VIII CLOSING PRovISION Article 34 a. Decision of the head of NationalLandAffairs Agency No.lZ year 19'32.concerningComposition and TaskS of Land Affairs Committee; b. CircularLetter of the Head of National Land Affairs Agency datecl 4 May 199L No.~OO-1Zl~concerning GUideline for Implementation on the Procedure for Processing the Right and Settlement ofLand certifi cate under the control of Governmentagency, to the extent on the nomendarue and composition of the SUiVeyor Team. c. CircularLetter of the Head of National land Affairs Agency of RI dated 5 July 2006 No.30Q-1413 con cerningGUideline for Implementation of Land Affairs Service activities to the extent the nomenclature and composition of COmmittee A. Committee B, Survyer Tieamand Konstatasi Officer; and d. Other provisions contravening this Regulation shall hi" dpd<lrerl null ;:tnd void. ThisRegulation shall take effect asof the date it issnpu lated, ===(MA)===