Regulation of the Head of the National Land Affairs agency of the Republic of Indonesia No. 3/2011 on management of land affairs issue assessment and settlement

GOVERNMENT REGULATIONS MANAGEMENT OF LAND AFFAIRS ISSUE ASSESSMENT AND SETTLEMENT (Regulation of the Head of the National Land Affairs Agency of the Republic of Indonesia Number 3 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. than managing land dispute assessment and set tlement constitututes any of the functions of the National Land Affairs Agency of the Republic of Indonesia in the framework of mitigating land dis putes, conflicts and cases in a bid to realize a land affairs policy for t he justice and wp.lf£lre of thp. people; 0. that manaqernen! uf land case assessment and settlement constitutes an instrument to settle land disputes, conflicts and cases and minimize poten tials of land affairs issues; c. that having regards to letters a and b. it is neces sary to stipulate a regulation of the Head of the National Land Affairs Agency of the Republic of Indonesia on Management of Land Affairs Issue Assessment and Settlement; In view of: 1. Law Number 5 Year 1960 on Basic Regulation of Agrarian Principles (Statute Book of the Republic of Indonesia Year 1960 Number 104, Supplement to Statute Book of the Republic of Indonesia Num ber 2043); 2. Government rlegulCltion Number 24 YeClr 1887 on Land Registration (Statute Book of the Republic of Indonesia Year 1997 Number 59, Supplement to Statute Book of the Republic of Indonesia Number 3696); 3. Presidential Regulation Number 10 Year 2006 on the National Land Affairs Agency; 4 Rp.guliltinn of the Strite Minister for Agrarian Af fairs/Head of the National Land Affairs Agency Number 3 Year 1887 on Technical provision of Government Regulation Number 24 Year 1997 re garding Land Registration; 5. Regulation of the State Minister for Agrarian Af fairs/Head of the National Land Affairs Agency Number 9 Year 1999 on Procedures for Granting and Nullifying Right to State Land and Manage men! Right; 6. Regulation of the State Minister for Agrarian Af fairs/Head of the National Land Affairs Agency Number 3 Year 2006 on Organization and Work ing Mechanism of the National Land Affairs 28 Business News 8146/8-19-201 t GOVERNMENT REGULATIONS Agency of the Republic of Indonesia; 7. Regulation of the State Minister for Agrarian Af fairs/Head of the National Land Affairs Agency Number 4 Year 2006 on Organization and Work ing Mechonism of Regional Offices of the National Land Affairs Agency and Land Affairs Offices; DECIDES: To stipulate: THE REGULATION OF THE HEAD OF THE NATION AL LAND AFFAIRS AGENCY ON MANAGEMENT OF LAND AFFAIRS ISSUE ASSESSMENT AND SETTLE MENT CHAPIl:.H I GENERAL PROVISION Article 1 Referred to in this regulation as: 1. Land Affairs Issue shall be land affairs dispute, confict or case submitted to the National Land Affairs Agency of the Republic of Indonesia to obtain the settlement in accordance with the pro vision of legislation and/or national land affairs pulicy. 2. Land Affairs Dispute hereinafter abbreviated to Dispute shall be land affairs dispute between indi vidual persons, legal entities and institutions that has no broad impact socio politically. 3. Land Affirs Conflict hereinafter abbreviated to Conflict shal be land affairs dispute between indi vidual persons, groups, groups of classes, organi zations, legal entities or institutions that tends to have or has had broad impact socio politically. 4. Land Affairs Case hereinafter called Case shall be a land affairs dispute settled by judicial institution or decision of judicial institution having settle ment thereof still requested in the National Land Affairs Agency of the Republic of Indonesia. 5. Land Affairs Issue Presentation hereinafter called the Presentation of Issue shall be an institutional mechanism of the National Land Affairs Agency of the Republic of Indonesia to handle and/or settle land affairs issue. The presentation of land affairs issue handling and/or settlement shall in clude: a. Internal Case Presentation shall be a presentation with the participants resulting from the Head Of fice of the National Land Affairs Agency, Regional Offices of the National Land Affairs Agency and/ or Land Affairs Office. b. External Case Presentation shall be a presentation with the participants resulting from the Head Of fice of thc Notional Land Affairs Agency, Regional Offices of the National Land Affairs Agency and/ or Land Affairs Office, which is attended by par ticipants from other components/institutions. c. Mediation Presentation shall be a presentation featuring parties in dispute to facilitate the settle ment of land affairs case through deliberation. d. Extraordinary Presentation shall be a presentation executed by a land affairs case settlement team Business News 814618· 19-2011 29 GOVERNMENT REGULATIONS establishd by the Head of the National Land Af~ fairs Agency or Deputy for Assessment and Set tlement of Land Affairs Dispute and Conflir.t 6. Asset Land shall be land belonging to state prop erty or regional property as meant in Law NumlJer 1 Year 2004 on State Treasury. 7, Title Land shall be land wherein certificate of land title as meant in Article 1 point 20 of Government Regulation Number 24 Year 1997 on Land Regis tration has been issued. 8. State land shall be land controlled directly by the state as meant in Article 2 Law Nurnhar 5 Year 1960 on Basic Regulation of Agrarian Principles. 9. National Land Affairs Agency of tile ReJJublic of Indonesia hereinafter abbreviated to BPN Rl shall be a non-ministerial government institution subor dinate and responsible to the President that per forms public administration tasks in the land af fairs field, nationally, regionally and sectorally as meant in Presidential Regulation Number 10 Year :/000 on the National Land Affairs Agency. 10. Head of the National Land Affairs Agency of the ReJJulJlic or Indonesia hereinafter abbreviated to Head of BPN Rl shall be the top leader leading the National Land Affairs Agency of the Republic of Indonesia. 11. Deputy for the Assessment and Settlement of Land Affairs Dispute and Conflict hereinafter ab breviated to Deputy shall be a unit executing part of the tasks and functions of the National Land Affairs Agency of the Republic of Indonesia in the field of the assessment and settlement of land affairs case, which is subordinate and responsi ble to the the Head of the National Land Affairs Agency of the Republic of Indonesia. 12. Head of Regional Office of the National Land Af fairs Agency hereinafter abbreviated to Kakanwil shall an executive element performing tasks and functions of the National Land Affairs Agency of the Republic of Indonesia in a province. 13. Head of Land Affairs Office hereinafter abbrevi ated to Kakan shall an executive element per forming tasks and functions of the National Land Affairs Agency of the Republic of Indonesia in a regencylcity. 14. Head of the Land Affairs Dispute and Conflict As sessment and Settlement hereinafter abbreviated to Kabid shall be an official in Regional Office of the National Land Affairs Agenct, who is assigned to help Kakanwil assess and settle land affairs is sues, 15. Head of the Dispute, Conflict and Case Section hereinafter abbreviated to Kasi shall be an official in Land Affairs Office, who is assigned to aaacaa and settle land affairs cases. CHAPTER II GOAL AND OBJECTIVE Article 2 (1) Manaqernent of land affairs issue assessment and settlement shall aim at: 30 Ou~ine:;;.5 News 014618-19-2011 GOVERNMENT REGULATIONS a. ascertaining the root, history and typology of Article 4 lamJ affairs issues in the framework of formu lating strategic policies on the settlement of land affairs issue in Indonesia; b. settling land affairs cases submitted to the Head of BPN RI so that the land can be con trolled, owned, used, and utilized by the own er as well as providing legal certainty and pro tection. (2) Management of Land Affairs Issue Assesment and Settlement sbell be intended to provide lcqol certainty about the control, ownership, use and utilization of land in Indonesia. CHAPTER III SCOPE Article 3 Management of Land Affairs Issue Assess ment and Settlement shall include: a. Land Affairs lssve Reporting and Information Ser vice; b. Land Attairs Issue Assessment; c. Land Affairs Issue Handling; d. Land Affairs Issue Settlement; and e. Legal Aid and Legal Protection. CHAPTER IV LAND AFFAIRS ISSUE REPORTING AND INFORMATiON SERVICE Part One General (1) The Deputy oholl provide and coordinate land af fairs issue reporting and information service in BPN Rio (2) Land Affairs Issue Reporting and Information Ser vice in Regional Office of the National Land Af fairs Agency shall be executed by Kabid and co ordinated by KakanwiL (3) Land Affairs Issue Reporting and Information Ser vice in Land Affairs Office shall be executed by Kos and coordinated by Kakan. Part Two Land Affairs Issue Reporting Service Article 5 (1) Every complaint about land affairs issue shall be submitted to the Head of BPN RI, Kakanwil and/ or Kakan. (2) The complaint as meant in paragraph (1) may be submitted verbally or in writing and addressed di rectly to Land Affairs Office, Regional Office of the National Land Affairs Agency, Office of BPN RI Or through www.bpn.go.id. (3) The complaint submitted verbally or through www.bpn.go.id shall be followed up by formulat ing application in writing. Article 6 (1) The letter of complaint about land affairs issue shall contain at least identity of complainant, complained Object, position of case (legal Business News 814618-19-2011 31 GOVERNMENT REGULATIONS standing) and goal of complaint. (2) The letter of complaint about land affairs issue shall be accompanied by copy of identity of the complainant and supporting data related to the complaint. Article 7 (11 The letter of complaint received through report ing booth shall be recorded in registration book of receipt of complaint and receipt form of complaint shall be granted to the complainant. (21 The letter of complaint as meant in paragraph (1) shall be passed onto organization unit having the task and function to handle land affairs dispute, conflict and case. {3l The letter of complaint received and recorded in the registration book of receipt of complaint shall be submitted promptly to official authorized to is sue disposition. (41 The letter of complaint already securing dispo sition shall be recorded in the registration book of land affairs issues and distributed to executor and/or processing team. (51 Every progress in the handling of land affairs is sue shall be recorded in the registration book of land affairs issue. Part Three Land Affairs Case Information Service Article 8 (11 In the framework of handling land affairs issue, BPN RI shall organize land affairs issue informa tion service. (2) Information about land affairs issue may be grant ed to the interesting party by regarding classifica tion of information and in accordance with the provision of legislation. Article 9 (1) Information about land affairs issues shall be clas sified into: a. confidential information; b. restricted information; and c. publicly open information. (2) The confidential information as meant in para graph (1) letter a shall be among others: a. information categori<!ed as state secret; b. information categorized as confidential infor mation on the basis of leqislation: c. land affairs document or paper; d. other information stipulated as confidential in formation by the Head of BPN RI. (3) The restricted information as meant in paragraph (1) letter b shall be, among others: a. information about progress of the settlement of land affairs complaints; b. information about proqress of settlement of land affairs Issues; c. information about result of the settlement of land affairs case settlement; d. other information stipulated by the authorized official. 32 Business News 8146/8-19-7.011 GOVERNMENT REGULATIONS (4) The publicly open information as meant in para graph (1) letter c shall be, among others: a. data about the quantity, kind and tipology of land affairs cases; b. data about developments of land affairs cas es; c. procedures for comp1;'linina arid ,,:p.ttling Il'lnd affairs cases; d. land affairs regulation; e. other information excluding from confidential and restricted information. Article 10 (1) Confidential information may only be granted to certain public institutions in the framework of executing their trasks after securing prior license from the Head of BPN RI or the appointed official. (2) Restricted information may only be gr~nted to certain parties fulfilling the requirements and/or other parties after securing prior license from the Head of BPN RI or the appointed official. (3) Publicly open information may be granted to the needy. Article 11 (1) Information about the progress of settlement of land affairs ce se s , b ased on request from other institutions in the framework of executing their tasks, may be granted after securing prior license from: a. Deputy in BPN RI; b. Kakanwil in the provincial level; and c. Kakan in regency/municipal level. (2) The institutions as meant in paragraph (1) shall be among others government institutions related to land affairs case, the House of Representative of the Republic of Indonesia, Provincial/Regency/ Municipal Legislative Council. Regional Represen tative Council, Ombudsman of the Republic of In donesia and the National l luman nights Commis sion. Article 12 (1) Applicants/complainants and the complained may inquire information about progress of the settle ment of land affairs cases to Offices of BPN RI handling the cases. (2) Information about progress of the settlement of lend affairs c ese s provided in writing shall be de livered in the form of letter of information about the progress of settlement of land affairs cases, containing basic explanation about the subject of the issue, position of cases and action already ex ecuted. Article 13 (1) Letter of information about the progress of settle ment of land affairs cases shall be granted in no later than 30 (thirty) days as from the date of receipt of the request. (2) Information about land affairs cases requested by government institutions or related institutions au Business News 8146/8-)9-2011 33 GOVERNMENT REGULATIONS thoried to request information about land affairs cases shall be granted by BPN RI, Regional Office of the National Land Affairs Agency and/or Land Affairs Office in no later than 14 (fourteen) days as from the date of receipt of the request. (3) The granted information about land affairs cases as meant in paragraph (1) and paragraph (2) shall constitute answer related to the subject of case and issue or full explanation according to data in BPN RI, Regional Office of the National Land Af fairs Agency and/or Land Affairs Office and result of the settlement thereof.. (4) If necessary, officials of the institutionsn request ing explanation about land affairs cases may be invited to attend case presentation in order to ob t ain claarar information. (5) Information about progress of land affairs cases sliall be gfi:Hlteu by Kakan, Kakanwil, or Deputy in accordance with legislation. CHAPTER V ASSESSMENT OF LAND AFFAIRS CASE Part One ':;eneral Article 14 (1) Kakan, Kakanwil and/or Deputy collectively or in dividuell y shall study the root arid his tor y of land affairs cases systematically. (2) Result of the study as meant in paragraph (1) shall be written down into a map of land affairs cases, which becomes a basis for the formulation of general policies and/or technical policies on the settlement of land affairs cases. (3) The general policies and/or technical policies on the settlement of land affairs cases as meant in paragraph (2) shall be a reference to the settle ment of land affairs cases which arevulnerable, strategic or have broad impact. Article 1b Kakan, Kakanwil and/or Deputy, collectively or in dividually, shall study letters of complaints along with data submitted to BPN RI, Regional Office of the National Land Affairs Agency and/or Land Affairs Offices. Article 16 The map of land affairs cases as meant in Ar ticle 14 paragraph (2) already becoming baSIS for the formulation of general and technical policies on the settlement of land affairs cases shall constitute da tabase or reference to the settlement of land affairs cases systematically, in a sustainable manner and structurally. Part Two Data Administration Article 17 (1) Data shall be administered through recording, pro cessing and presentation of data, which are ex ecuted by information system in the Land Affairs Assessment and Settlement Division. 34 Business News 814618·19·2011 GOVERNMENT REGULATIONS (2) The information system as meant in paragraph (1) shall be built integratedly between BPN RI, Re gional Office of the National Land Affairs Agency and Land Affairs Office. (3) The information system in the Land Affairs Case Assessment and Settlement shall constitute a sub-system of the Land Affairs Oata and Informa tion Center of BPN RI. Article 18 (1) Oata about cases shall be recorded and presented in accordance with format of completing list of the management of land affairs dispute, conflict and case settlement. (2) The completing list as meant in paragraph (1) shall be classified and encoded: a. Format of the settlement of land affairs cases (Code 01.500-01. 509). covering format of let ters and com pleting list of report/complaint; data processing up to the settlement of land affairs cases and format of decision on nul lification/issuance of land title; b. Format of proceeding activity (Code DI.510 01.519), covering format of control over ac ttvtttes at the court, operanonai activity and format of legal attorney; c. Format of land affairs cases mapping (Code 01.520-01.529). covering format of data about typology, subject, object, distribution, vulnerability map and settlement of cases; and d. Format of the fostering (Code 01.530-01.533), covering format of data about personnel, fa cilities. budget, reporting system and analysis of activity evaluation. (3) The completing list as meant in paragraph (2) shall be contained in the attachment to this regu lation, which constitutes an integral part of this regulation. Part Three Presentation of Oata Article 19 Prc acrrtation of data about land affairs cases shall be in the form of: a. electronic database; b. data panel in the controlling room; c. report on position of land affairs cases; and d. report to leader in organizational unit. Article 20 (1) Oata about land affairs cases shall be prepared and presented periodically or in accordance with the need. ILl The preparation and presentation of data periodi cally or in accordance with the need as meant in paragraph (1) shall be among others: a. data about the mapping of issues of land af fairs cases; b. recapitulation of data about the settlement of land affairs cases; 8u<;nl'<$ New« RI4f>/R-19-7n11 35 GOVERNMENT REGULATIONS c. report on performance of the settlement of land affairs cases; and d. analysis and evaluation of the settlement of land affairs cases. Part l-our Assessment of Dispute Article 21 (1) The root and history of disputes shall be assessed to ascertain the causing factor and potential of the settlement of disputes. (2) The assessment as meant in paragraph (1) shari be done by means of examining and analyzing data about the occurring disputes. (3) The data as meant in paragraph (2) may come from complainants, organizational units within BPN RJ or related institutions/agencies. (4) Results of the study and analysis of data as meant in paragraph (2) shall result points of disputes and potential of the settlement of disputes. Article 22 (1) The points of land affairs issues as meant in Ar ticle 21 shall be examined legally on the basis of judicial data, physical data and/or other support ing data. (2) Legal application study shall be applied to the re sults of examination as meant in paragra ph (1L which later results in recommendation about the settlementof land affairs disputes. Part Five Assessment of Conflict Article 23 (1) The root and history of conflicts shall be assessed to as certain the c auainq factor and potential of impact of the conflicts. (L) I he assessment as meant in paragraph (1) shall be done by means of examining and analyzing data about the occurring conflict. (3) The data as meant in paragraph (2) may come from complainants, organizational units within BPN RI or related institutions/agencies. (4) Results of the assessment and analysis of data as meant in paragraph (2) shall be used to determine and formulate points of the conflicts. Article 24 (1) The points of the conflicts as meant in Article 23 shall be examined legally on the basis of judicial data, physical data and/or other supporting data. (2) Results of the examination as meant in paragraph (1) shall be studied on the basis of legal applies tion, which later results in recommendation about the settlement of conflicts. Part Six Assessment of Case Article 25 (1) Cases shall be assessed to ascertain the point of cases related to lawsuit of complainants against: a. BPN RI in civil cases; or 36 Business News 8146/8-19-2011 GOVERNMENT REGULATIONS b. official of BPN RI in state administration cas es. (2) The assessment as meant in paragraph (1) shall be done by means of examining and analyzing the basis of lawsuit and point of lawsuit for the cases submitted by complainants. [3) Result of the Gssessment as meant in paragraph (2) shall result in recommendation about the ap plication of legal proceeding law and strategy. CHAPTER VI SETTLEMENT OF LAND AFFAIRS CASE Part One General Article 26 (1) The settlement of land affairs cases shall be in tended to provide legal certainty about land con trol, ownership, utilization and exploitation. (2) The settlement of land affairs cases as meant in paragraph (1) shall be intended to ascertain the absence of overlapping utilization, control and ownership of land. (3) The settlement of land affairs cases shall aim at ensuring the utilization, control, exploitation and [)wnp.rshir of land in accordance with the provi sions of legislation as well as single land own ership evidence for every land plot, whiCh is in dispute. Part Two Settlement of Dispute Article 27 (1) Based on the recommendation about the settle ment of land affairs disputes as meant in Article 22 paragraph (2), the following measures shall be taken subsequently: a. examination/processing of complaint data; b. field examination; c. case presentation; d. formulation of minutes of data processrnq: e. preparation of account/letter/decision; and/or f. monitoring and evaluation of result of dispute settlement. (2) In relations to certain disputes as meant in Article 14 paragraph (3) and/or deemed important by the Head of BPN RI, a teammay be established in the settlement thereof. Article 28 (1) Any dispute shall be settled in no later than 3 (three) months as from the date of receipt of com plaint or dispute information. (2) In order to settle the dispute as meant in Article 27 paragraph (2), the deadline of the settlement may be extended by approval of Kakan, Kakanwil or Deputy. (3) Kakan, Kakanwil, and Director within the Land Affairs Dispute and Conflict Assessment and Settlement Deputy shall supervise and control the settlement of disputes by virtue of their authority. Articte 29 Business News 8146/8-19·]011 37 GOVERNMENT REGULATIONS (1) The examination/processing of data about the complaint as meant in Article 27 paragraph (1) letter a shall include: a. examination of the completeness and legiti macy of data submitted by complainants; b. analysis of data submitted by complainants; c. validation of Judicial data and physical data and other supporting data; d. study on chronology of dispute; and e. analysis of judicial, physical and administra tive aspects. (2) In order to perfect data needed in the settlement of disputes, data may be sought from complain ants, archive in BPN RI, Reaional OfficI' of the Na tional Land Affairs Agency, Land Affairs Office, related institutions or other sources. (3) Field examination may be executed to complete judicial data, physical data or other data. Article 30 (1) The field examination as meant in Article 27 para graph (1) letter b s hall be, among others: a. examination of legitimacy or conformance of de te to the suurce: b. seeking related information from witnesses; c. physical inspection of land becoming object of dispute; d. examination of land border, situational map, field map or measuring letter; and e. other activities which are needed. (2) The field examination as meant in paragraph (1) shall be executed on the basis of letter of assign ment from: a. Deputy or Director within the Land Affairs Dispute and Conflict Assessment and Settle ment Deputy, in the level of BPN RI, with a copy made available to: 1) the Head of BPN RI, in the case of the let ter of assignment being issued by Deputy; 2) Deputy in the case of the letter of assign ment being issued by Director. b. Kakanwil or Kabid, in the level of Regional Of fice of the National Land Affairs Agency with a copy mrlrlF' l'lV8il8ble t ri: 1) Deputy in the case of the letter of assign merit being issued by Kakanwil; 2) Kakanwil in the case of the letter of as signment being issued by Kabid. c. Kakan or Kasi, in the level of Land Affairs Of fice with a copy made available to: 1) Kakanwil in the case of letter of assign ment being issued by Kakan; 7) Kakan in thp CClSF' of letter of rlssignmpnt being issued by Kasi. (3) Tile let ter uf (lSsi\:jllJlleflL a s meant in par aqraph (2) shall contain at least name of officer, position and location of the examined land. Article 31 If necessary, the field examination of the dis puted object shall be: 38 Business News 8146/8·19·2011 GOVERNMENT REGULATIONS a. furnished with letter of assignment; b. notified to party controlling land, owner and peo ple around the location and/or official of local en vironment/town/village/sub-district; c. witnessed by at least two persons, consisting of party controlling land object, owner, people around location and/or official of local environ ment/town/village/sub-district; and d. written down into account signed by officer and witnesses. Article 32 (1) In the case of witness being not ready to sign ac count, the officer shall put a note in the signature column that the wltnc as is not rcady to sign cc count along with the reason. (2) Result of the field examination shall be written down into account of field examination as data supporting the formulation of minutes of data pro cessing. (3) Account of field examination shall constitute a document enclosed to and inseparable from dos siers of land affairs dispute settlement. (2) If necessary, the presentation of case as meant in paragraph (1) may involve related institutions and/or community elements, such as academi cians, community/traditional/religious leaders or agrarian observers/activists. Article 34 (1) The presentation of case shall be executed on the basis of order of Deputy, Kakanwil, or Kakan. (2) Every order to organize the presentation of case shall be made available to the Head of BPN RI. (3) The organization structure of the presentation of case shall consist of leader, secretary, presenter and participants. (4) The leader of the presentation of case shall be: a. Deputy or Director within the Land Affnira Di3 pute and Conflict Assessment and Settlement Deputy in the level of BPN RI; b. Kakanwil or Kabid, in the level of Regional Of· fice of the National Land Affairs Agency; or c. Kakan or Kasi, in the level of Land Affairs Of fice. (5) The executive element of the case presentation shall be: o , Scccrtnrv, appointed by the leader of e03C Article 33 presentation; (1) fhe presentation of case as meant in Article 27 paragraph (1) letter c may be done through per suasion, facilitation and mediation between par ties in the framework of the settlement of dis pute. b. Presenter, direct superior of processor/chair man of team; and c. Participants, according to invitation. (6) The sequence of case presentation shall include: a. openmg; 39 GOVERNMENT REGULATIONS b. presentation of land affairs case; c. response and discussion; and d. conclusion and closing. (7) Result of case presentation led by: o , Deputy shall be submitted to the Head of BPN RI; b. Directur shall be submitted to Deputy; c. Kakanwil shall be submitted to Deputy; d. Kabid shall be submitted to Kakanwil; e. Kakan shall be submitted to Kakanwil; f. Kasi shall be submitted to Kakan. Article 35 (1) The implementation of case preservtation shatl hp. recorded in minutes of case presentation and the result shall be written down Into account of case presentation. (2) Minutes of case presentation shall be signed by leader and secretary and saved in document of land affairs case settlement. (3) Account of case presentation shall be signed by all participants and constitute document which ~h,,11 he ennlos ad to do~~iers of case settlement. (4) The account of case presentation as meant in paraqraph (3) may be graIlt~t.l to particlpantato assure objectiveness and transparency in the set tlement of land affair cases, except the internal case presentation as meant in Article 36 letter a. Article 36 Kind of case presentation in the framework of land affairs case settlement shall be: a. Internal presentation; b. External presentation; c. Mediatory presentation; and d. Extraordinary presp.ntrltion Article 37 (1) The internal presentation shall aim at: a. collecting inputs and opinions from officers! officials; b. identifying disputes and conflicts; c. planning the settlement. (2) Participants of the internal presentation shall be: ,'I. memhers of the processing team: and b. employees/officials of BPN RI, Regional Of Iice o t the National Land Affairs Agency and/ or Land Affairs Office. (3) Substances of the result of internal presentation shall be: a. basic formula of point of object, subject and point of dispute and conflict; b. chronology of land affairs case; c. analysis of land affairs case: and d. alternative for the settlement. Article 38 (1) The external presentation shall aim at: a. completing information and opinion from in ternal and external sides of the office of BPN RI, Regional Office of the National Land Af fairs Agency and/or Land Affairs Office so 40 Business News 814618-19-2011 GOVERNMENT REGULATIONS that the deliberation is more comprehensive; b. sharpening analysis of land affairs cases; and c. seeking alternative for the settlement. (2) Participants of the external presentation shall be: a. Processing Team; b. complainant with or without the complained; c. officer/official of the Office of BPN RI. Reginn al Office of the National Land Affairs Agency and/or Land Affairs Office; d. officers/officials of related institutions; e. specialists, experts or specialist witness; and f. other elements needing to invite. (3) Substances of results of the external presentation shall be: a. description of cases; b full chronotoqv of land affairs cases; c. analysis of aspects of land affairs cases; and d. alternative dill! selection of priority to the set tlement of land affairs cases. Article 39 (1) The mediation presentation shall aim at: a. collecting information/opinion from all parties in dispute, and opinions of other elements needed to be considered: b. explaining legal position of parties, be it weak ness/strength; c. facilitating the settlement of land affairs cases through deliberation; and d. selecting the settlementing of land affairs cas es. (2) Participants of the mediation presentation shall be: a. processing team; b. complainant, complained and other related parties; c. officials of office of BPN RI, Regional Office of the National Land Affairs Agency and/or Land Affairs Office and related institutions/agen des; d. experts and/or specialist witness related to land affairs cases; e. mediator team of the Office of BPN RI, Re gional Office of the National Land Affairs Agency and/or Land Affairs Office or external side of BPN Rl; and f. other required elements. (3) Substances of result of the mediation presenta tion shClII be: a. chronology of land affairs cases; b. analysis and alternative for the settlement of land affairs cases; c. conclusion of results of deliberation about land affairs cases; and d. recommendation and follow up to decision of case presentation. (4) Every official of the Office of BPN RI, Regional Office of the Naticnel Land Affaire Agency and/ or Land Affairs Office handling land affairs cases shall organize mediation presentation before mak ing decision on the settlement of land affairs cas es. GOVERNMENT REGULATIONS (5) Mediation presentation shall be executed to: a. assure transparency and sharpess of analysis; b. assure collective and objective decision mak ing; and c. minimize complaint about result of case set tlement. (6) In the case of mediation presentation being not attended by any of the parties in dispute, the pre sentation may be delayed so that all parties in dispute may be present. (7) In the case of the parties in dispute remaining ab sent from the mediation presentation after being invited three times properl v, the mediation shall continue to be executed .. Article 40 (1) The extraordinary presentation shall aim: a. settling extremely complicated land affairs cases; b. settling diverqent decisions on the settlement of land affairs cases between officials of BPN Rl or officials of other institutions; c. correcting ailing decision of official of BPN RI; and d. stipulating the legal action as meant in Article 50 paragraph (6). (2) Participants of the axtraordinarv presentation shall be: a. First-echelon officials of BPN HI; b. Senior advisors of the Head of BPN RI; c. Complainants, complained and other related parties; d. Officials of the Office of BPN RI, Regional Of fice of the National Land Affairs Agency and/ or Land Affairs Office and related institutions/ agencies; e. specialist and/or specialist witness related to land affairs cases; and f. the other required elements. (3) Substances of result of the extraordinary presen tation shall be: a. point of the issue; b. analysis of the issue; c. decision on the settlement of the issue; and d. recommendation to the Head of BPN RI. Article 41 (1) Decision on the extraordinary presentation shall constitute the final decision of SPN nl in the set tlement of land affairs cases or settlement of di vergent opinions between officials of BPN Rl. (2) Decision on the extraordinary presentation al ready legalized by the Head of BPN Rl shall be implemented by the said official. (3) The implementation of the decision as meant in paragraph (2), which is not executed promptly by the said official, after exceeding 30 (thirty) days CIS from tho date of the decision, may be taken over by the hierarchically higher official as fol lows: a. Kakanwil may take action to implement the decision not executed by Kakan; 42 Business News 8146/8·19-2011 GOVERNMENT REGULATIONS b. Deputy may take action to implement the deci sion not executed by Kakanwil or Kakan; c. the Head of BPN RI may take action to imple ment decision not executed by Deputy. (4) The official not executinq thp. decision as meant in paragraph (2) shall be subject to administrative sanctlon in accordance with the provision of leg islation. Article 42 (1) The data processing minutes as meant in Article 27 paragraph (1 J letter d shall constitute official document of BPN RI, which becomes an integral part of document of land affairs management and settlement. (2) The data processing minutes as meant In para graph (1) shall constitute summary of result of the land affairs case settlement as meant in Ar ticle 28 sampai dengan Article 41. (3) The data processing minutes shall be formulated by processor/team on the basis of commitment to truth, honesty and procedure so as to be account able legallv. (4) The data processing minutes shall be approved and signed by deputy of~i(:ials hierarchically. (5) Composition and substance of the data process ing minutes shall be adjusted to the data process ing minutes regulated in Regulation of the Head of BPN RI ruling document management, which contains among others: a. point of land affairs cases, covering typology, object, subject and position of case; b. supporting data from parties and other sourc es; c. description of land affairs case, covering chronolojjv.and settlement of land affairs cas es; d. analysis of land affairs cases, among others, legal basis, and judicial, physical and social analysis; e. conclusion in the form of resume, legal opin ion and recommendation; and f. legal statement. Artir.lp. 4:1 The data processing minutes already legalized by tl ie author ized official shalt constitute a basis of consideration for leaders in the issuance of decision on land affairs case settlement becoming responsibil itv of BPN RI. Article 44 (1) Monitoring and evaluation of land affairs case set tlement in the Office of BPN Rl and regions shall be coordinated uy Depu Ly. (2) Deputy in monitoring and evaluating the imple mentation may appoint a director by a decision. (3) Control over the assessment and settlement of land affairs cases in Regional Office of the Na tional Land Affairs Agency shall be coordinated by Kakanwil and executed by Kabid. Business News 8146/8·19·2011 43 GOVl:.RNMl:.N I REGULATIONS (4) Control Over the assessment and settlement of land affairs cases in Land Affairs Office shall be coordinated by Kakan and executed by Kasi. .Article <15 (1) The executive element of control over the assess ment and settlement of land affairs cases in BPN RI shall be executed by a land affairs case assess ment and settlement team consisting of adminis trative and operational sections. (2) The administrative section shall be assigned to: a. record, process and present data about land affairs cases; b. record activities of case settlement and op eration: c. prepare the trnplernentatlon and report on case presentation/mediation; d. manage monthly/annual report and semester/ year-end analysis. (3) The operational section shall be assigned to: a. supervise and control the settlement of land affairs cases; b. monitor and Avahll'ltA thA sAttlement of land affairs cases; c. submit lnlormauon about the pusition or case and result of the settlement of cases drawing attention; and d. conduct periodic data analysis and evaluation. Article 46 (1) The executive element of control over the assess ment and settlement of land affairs cases in the level of Regional Office of the National Land Af fairs Agency shall be Kabid. (2) The executive element of control over the assess ment and se ttlernerrt of land affairs cases in the level of land affairs office shall be Kasi. Part Three Settlement of Conflict Article 47 The provision ruling the settlement of dispute shall apply mutatis mutandis to the settlement of con flict. Article 48 (1) Land af Iair s cuuflicts shall be settled cornpreheri sively by assessing the root of the issue, prevent ing impact of the conflict and settling the conflict. (2) Land affairs conflicts which are simple and easy to settle may be settled by referring to procedure for the settlement of land affairs cases. (3) Conflics having broad impacts shall be settled by planning and deadline adjusted to the encounter ing situation as well as developments during the settlement of conflicts. Article 49 /ll The ro ot of the conflicts shall be assessed by the method as meant in Article 21. (Z) Efforts to prevent land affairs conflict shall be among others: 44 Business News 814618·19·1011 GOVERNMENT REGULATIONS a. disciplining of land affairs administration re· lated to source of conflict; b. proactive action to prevent and handl conflict potentials; c. legal counseling and/or socialization of land af fairs program; d. fostering of public participation and commu nity empowerment; e. other preventive measures. (3) The preventive measures as meant in paragraph [2) shall aim at minimizing conflicts and prevent a bigger loss. (4l The activities preventing the conflicts from ex panding as meant in paragraph (3) shall be ex ecuted directly by apparatuses of BPN RI or in cooperation with law enforcement institutions. Part Four Handling of Case Article 50 (1) The handling of land affairs case shall cover legal proceedings in civil or state administration pro cess involving BPN RI as party and follow up to court decision on land affairs case. (2) The handling of case shall include activities to handle follow up or implement legally final court decision. (3) The handling of land affairs case in judicial pro cess shall include: a. receiving summon to hearing; b. preparing letter of assignment and power of attorney; c. preparing reply; d. preparing rebuttal; e. preparing evidences; f. preparing witness; g. local examination; h. conclusion; i. legal action: 1) appeal; 2) cassation; 3) judicial review; 4) rejoinder against court decision. (4) Legal action shall be taken against court decision in land affair cases wherein BPN RI is defeated. (5) The legal action as meant in paragraph (4) may be discontinued if BPN RI according to the exist ing data believes that legal action is not needed indeed, except the issue related to state/regional property. (6) In order to ascertain the discontinuation of the le gal action as meant in paragraph (5), BPN RI may convene extraordinary presentation: (7) The extraordinary presentation as meant in para graph (6) shall be done by BPN RI on the basis of a written request from Kakan/Kakanwil Or deci sion of Deputy. Article 51 (1) In the case of pa rues atIreeing to settle case al ready registered in the case administration/roll of the court by a peaceful way, the parties may lift Business News 8146/8-19-2011 45 GOVERNMENT REGULATIONS the case on the basis of act of reconciliation. (2) In the case of the parties agreeing to settle the ongoing case process by peaceful way, it shall be necessary to demand a reconciliation decision. (3) If BPN RI acts as party, the reconciliation may be executed in the event that: a. it is not related to state/regional property; b. it does not affect interest of BPN RI; C. it is approved by parties in dispute; d. it does not contain other issue or case related to the same subject or object; e. it secures written license from official issuing the decision becoming object of lawsuit by vir tue of authority. (4) In the case of BPN RI acting as the complained in state administration case wherein land title be comes object and if there is reconciliation involv ing DPN RI as the complained in relations to the status of legitimacy of decision of state admin istration official, approval of title holder shall be needed. Article 52 (1) Legal proceedings involving apparatuses of land affair offices shall be coordinated by Kakan and implemented by Kasi. 12) Legal proceedings involving apparatuses of Land Affairs Offices and/or Regional Offices of the Na tional Land Affairs Agency shall be coordinated by Kakanwil and implemented by Kabid. (3) Legal proceedings involving apparatuses of Land Affairs Office, Regional Office of the National Land Affairs Office and/or BPN RI shall be coordi nated by Deputy and implemented by the Director of Land Affairs Cases. Article 53 (1) If a case in the court does not involve BPN RI as party but the case is related to interest of BPN RI, the interesting parties may demand information from witness or special witness from BPN RI. (2) Any application for assistance of apparatuses of BPN RI to provide information of the witness or specialist witness as meant in paragraph (1), shall be submitted to Kakan, Kakanwil, or the Head of BPN RI. (3) Kakan. Kakanwil. or [)p.l1uty nn hahalf nf thp. Head of BPN RI shall issue a letter of assignment to staff ur official tu pr ovide intorrnauon of witness or specialist witness. (4) Kakan in certain cases may submit application for information of witness or specialist witness to Kakanwil. (5) Kakanwil in certain cases may submit application for information of witness or specialist witness to the Head of BPN RJ. CHAPTER VII SETTLEMENT OF LAND AFFAIRS CASE Part One Settlement of Land Affairs Case to Execute Court Decision 46 Business News 814618-19-2011 GOVERNMENT REGULATIONS Execution of Court Decision Article 54 (1) BPN RI shall be obliged to execute legally fixed court decision unless otherwlse there is le\,Jitilllate reason to not execute the decision. (2) The legitimate reasons as meant in paragraph (1) shall be among others: a. other contravening decision on the object of decision; b. guarantee confiscation is being placed in the object of the decision; c. the object of the decision is becoming object of complaint in other case; d. other reasons regulated by legislation. Article 55 (1) The action to execute the legally fixed cour t deci sion may be in the form of: a. the implementation of the decision content wholly; b. the implementation of the decision content party; and/or c. only implementing order written firmly in the decision content. (2) The content of the legally fixed court decision in relations to the issuance, transfer and/or nullifica tion of land title shall be among others: a. order to nullify land title; b. declaring land title null/illegitime/not having legal power; c. declaring evidence invalid/not having legal power; d. order to record or cross in land affairs book; e. order to issue land title; and f. point potential to cause legal consequence of the issua nee, transfer or nullification of land title. Article 56 (1) The legal action of land affairs shall be Jn the form of the issuance, transfer and/or nullification of land title to execute the court decision shall be executed by a decision of the authorized of ficial. (2) The processing of data in the framework of the is suance of the decision as meant in paragraph (1) shall be executed following the receipy of court decision by BPN RI in the form of: a. official copy of the court decision legalized by the authorized official; b. certificate from the authorized official within the court, which certifies that the decision has secured legally fixed power (inkracht van gewijsde); and G. account of tilt: impler nentatiun of execut iun for decision on the case needing execution. Paraqraph 2 Legal Action of the Execution of Court Verdict Article 57 (1) The legally fixed court decision as meant in Ar ticle 54, Article 55 and Article 56 related to the issuance, transfer and/or nullification of land title shall be executed by officials/employees of BPN RI in no later than 2 (two) months following the receipt of copy of the court decision by official auhrorized to nulnrv. (2) In the case of the legally fixed court decision ex iotinq and the execution being predicted to cause broader land affairs cases or related to the inter est of the government, external presentation or extraordinary presentation featuring related par ties and/or institutions shall be organized before the court decision is executed. Business News 8/46/8-19-2011 47 GOVERNMENT REGULATIONS Article 58 (1) The Head of BPN RI shall issue decision on the transfer and/or nullification of land title to execute the legally fixed court decision. (2) The issuance of the decision as meant in para graph (1) may be delegated to Deputy or Kakan wi!. Article 59 (1) The issuance, transfer and/or nullification of land title to execute the legally fixed court decision shall be based on complaint/application of the in teresti ng party. (2) Any application for the issuance, transfer and/ or nullification of land title to execute the legally fixed court decision shall be submitted to Kakan or Kakanwil or the Head of BPN RI. (3) The application as meant in paragraph (1) shall be enclosed by: a. crmrt rlp.cisinn rlp.cirling thp. land affairs CilSP.; b. account of execution in the case of decision on case needing execution; c. other documents related to application for the nullification. (4) Account of execution to control/empty/give up land shall not be needed in application in the case of: a. the execution of decision of state administra non court; b. the land being already controlled by the ap plicant, proven by statement of the said per son, acknowledged by Chairman of Local RT/ RW/ Head of Sub-District/Head of Village or account of field examination from local iand affairs office. Article 60 (1) The handling of application for the issuance, transfer and/or nullification of land title ce rtificate to exec ute the court decision sha II be executed In accordance with phases of the handling of land uffoir s CQSCS, namely: a. examination of documents of application/rec ommendation about nullification; b. analysis and processing of court decision data; c. field inspection if necessary; d. internal/external and mediation presentation; e. extraordinary presentation in the badly need ed case; f. formulation of minutes of data processing; and g. making decision on the settlement of case. (2) Officials already taking land affairs legal action in the framework of executing court decision shall be obliged to report promptly to the Head of BPN RI. nnrl nntify the antion tn t ha applicn nt and r e lated pa rty t. (3) Officials of BPN RI may reject complaint/applica tion not complying with the requirements by no tifying it to the applicant along with reason and consideration thereof. Article 60 Lu b e L;urILiIlU~U (R) 48 BUSiness News 814618·19·2011 1$.>1 'iilrtJ);I,.qiClII'j'i[tllt' MANAGEMENT OF LAND AFFAIRS ISSUE ASSESSMENT AND SETTLEMENT (Regulation of the Head of the National Land Affairs Agency of the Republic of Indonesia Number 3 Year 2011 dated February 4, 2011) [Continued from Business News No. 8146 pages 28-48] Part Two Out-of-Court Settlement of Larid Af teire Ce se Paragraph 1 Legal Action of Land Affairs Against Decision/Letter Contai ning Admi nistra tion La w M ista ke Article 61 The out-of-court settlement of land affairs may be in the form of administrative legal action of land affairs, covering: a. nullification of land title because of mistake in ad ministration law; b. recording in land certificate and/or book as well as other general lists: and c. issuance of other land affairs administrative letter or de cis ion be c eus e c;f mistake ill e drninistrat.ori law in the issuance. Article 62 (1) Land title certificate containing legal mistake ad ministratively shall be nullified or secure order to record change in the maintenance of land registra tion data in accordance with leqislation. (2) The administratively legal mistake as meant in paragraph {1) shall be among others: a. procedural mistake in the stipulation and/or registration of land title: 42 BusJIlessNews 8/-',9/6-26-2J1 f GOVERNMENT REGULATIONS b. procedural mistake in the registration of trans fer of right and/or alternate certificate; c. procedural mistake in the registration of affir mation and/or recognition of right to ex-com munal land; d. procedural mistake in the measuring, mapping and/or calculation of size; e. overlapping right or land title certificate; f. mistake in subject and/or object of right; and g. other mistake in the application of legislation. Article 63 The administrative legal action of land affairs i'lgi'linst larid title r.ertific8te containing legal mistake administratively shall be executed by: a. issuing decision UJ I nullitica Liun; and/or b. recording the maintenance of land registration data. Paragraf 2 Administrative Legal Action of Land Affairs Against Decision/Letter Containing Legal Mistake Administratively Article 64 (1) Application/recommendation about administrative lega! action of land affairs against land title certifi cate containing legal mistake administratively may be submitted by the interesting party/applicant or thei r proxy. (2) The application/recommendation as meant in paragraph (1) shall be submitted to Head of Land Affairs Office or Regional Office of the National Land Affairs Agency or BPN RI. (3) The application/recommendi'ltion as rneant in p ara graph (1l shall be enclosed by supporting data, among others: a. land title certificate containing legal mistake administra tively; b. result of data processing proving the adminis trative legal mi sta ke; c. copy of court decision or judge consideration in imposing the decision substantially declaring the document used in the issuance of land title certificate invalid and/or fake; d. other documents supporting reasons for the nullification application. Article 65 The interesting party as meant in Article 64 paragraph (1) shall be: a. apparatuses of BPN Rl ascertaining that the il legitimate data and/or documents of the issuance of land title related to substance and/or issuance thereof; b. apparatuses of BPN RI having proof of adminis trotivc prcc edure l mistake in the issuance of land title certificate; and c. parties affected by the issuance of legally invalid land title certificate. Article 66 (1) Administrative legal action of land affairs against 43 OVERNMENT EGULATIONS land title certificate containing [egal mistake ad ministratively shall be executed by the authorized official in no later 6 (six) months after the admin istrative legal mistake is ascertained, unless other wise there is legitimate reason for suspending the implementation. (2) The legitimate reason for suspending or rejecting the execution of the administrative legal action of land affairs as meant in paragraph (1) shall be among others: a. the would be nullified letter is being blocked, confi scated by the authorized official (conser vatoir beslag-CB); h t he I,mn to which administrative legal action is requested constitutes land becoming object of case ill the c our t ; c. nullification is predicted to trigger social un rest/mass conflict. (3) The object of case in the court as meant in para graph (2) letter b shall be as follows: a. there are mutually contravening court deci sions related to the status of land and/or own ership status of the land; b. certain parties raise objection to legal action of land affairs to be taken against the land and for the purpose, ownership or legitimacy of land title certificate becoming the case has been complained in the court and a decision approving the objection has been issued; c. there is other court decision on parties not raising objection and not related to applicant of legal action of land affairs but the court de cision is related to status of land and/or own ership status of land to which administrative legal action is sto be filed. (4} The suspendion or rejection of legal action of land affairs because of administratively legal mistak shall be reported by Kakan or Kakanwil to the Head of BPN RI in no later than 3 (throe) months after the administrative legal mistake is ascer tained, accompanied by explanation about reason for inability to execute the nullification because of administrative legal mistake. Article 67 (1) The handling of application for legal action of land affairs against land title ce rtificate containing legal mistake administratively shall pass the handling phases as meant in Article 27. (2) The certificate of lar-d title containing adminis trative legal mistake and having the title not yet transferred shall be handled through the following processes: a. examination by Local BPN Office as meant in Article 27 up to the phase of formulation of dota proccssing minutes in no lot cr thon 3 (three) months after the application is re ceived; b. in the case of data processing minutes con cluding that there is administrative legal mis take potential to nullify land title certificate, Kakan submits recommendation about the 44 nullification of land title certificate to the au thorized official as meant in Article 73. c. the authorized official as meant in letter b handles the case through the phases as meant in Article 27 up to the formulation of data processing minutes in no later than 3 (three) months after receiving the recommendation as meant in letter b to stipulate legal action of land affairs in the form of: 1) nullification of land title certificate contain ing legal mistake administratively; 2) stipulation of the recording in land affairs book and other general list; 3) rejection of recommendation about the nul lification. d . in thp. r.rlSP. of t he rluthori7p.rl official as rnaarit in Article 73 being unable to make a decision, it's sugge::;ted to organize extraor dina ry pr e sentation to deteremine whether the certifi cate containing legal mistake administratively is revocable or not; e. subsequently action is taken in accordance with decision of extraordinary presentation; f. in the case of lawsuit being filed to the court with the court decision fortifying the adminis trative legal mistake, BPN Rl does not submit appeal or cassation and executes directly the court decision. (3) Land title certificate containing legal mistake ad ministratively, which has been transferred to other party, shall be settled as follows: a. recording in land affairs book and other general list that the certificate contains legal mistake administratively in accordance with result of data processing minutes; b. recording in land affairs book that certificate containing legal mistake administratively may not be transfcrrc d anymorc oa long a3 the found administrative legal mistake has not been rectified; c. extraordinary presentation is organized to de termine whether the certificate containing le gal mistake administratively may be revocable by decision on: 1) nullification of certificate without waiting for court decision; ?) nullificat ion of cp.rtifir.MP. aftar sp.cllring Ip. gaily fixed court decision. d. hi tile Gase of ar iv lawsuit beilltlg filed to the court with the court decision fortifying the administrative legal mistake, BPN Rl does not submit appeal or cassation and executes di rectlt the court decision in the form of the nul lification of certificate containing legal mistake admin istratively. Article 68 (1) Legal action of land af f airn aqainct land title eer tificate issued by Kakan. which contains legal mis take administratively shall be handled through the following procedures: a. examination by local land affairs office through News 51-:9,/8-26-2011 M·Vf';Jttt4;II'ti:@il!-il(·'t~1 the phases as meant in Article 27 up to the phase of formulation of data processing min utes; b. processing of application documents by local lund o ff ciro office through the ph acos as meant in Article 27 up to the formulatyion of data processing minutes; c. sending recommendation about legal action of land affairs from Kakan to Kakanwil, accom panied by document of the handling of cases and data processing minutes in no later than 3 (three) months following the receipt of applica tion for nullificatio n from applicant; d. processing document of recommendation and data processing minutes in Kanwil to decide whether legal action of land affairs may be ex ecuted in no later than 3 (three) months fol lowing the receipt of recommendation from Kakan through the phases as meant in Article 27. e. issuing decision of Kakanwil in the form of: 1) decision on the nullification of spoiled land title; 2i order to land affa ir office to record it in land 3i notification to land affairs office that the Clpplicdtioll!rt:CUllllllelll.ldliull rnav nul be ap proved. f. in the case of Kakanwil being not yet able to decide because something, consideration may be sought from deputy, by enclosing docu ments of handling of case and data process ing minutes in no later than 3 (three) months following th receipt of recommendation from Kakan; g. Deputy processes case handling document and data processing minutes from regional office of the National Land Affairs Agency and grants answer in the form of: 1) affirmation that nullification or recording is executed promptly; 2) notification to head of regional office of the National Land Affairs Agency and Land Af fairs Office that the application/recommen dation may not be approved; 3) acquisition of the nullification of land title certificate and/or recording by the appoint ed official. (2) Kakanwil or Deputy shall report result of the legal action of land affairs as meant in paragraph (1) to the Head of BPN RI. Article 69 The handling of application for the nullifica tion/rectification of land title certificate issued by the Head of BPN RI or Kakanwil that contains administra tive legal mistake shall be done through the following procedures: a. examination by Regional Office of the National Land Affairs Agency through the phases as meant in Article 27 up to the phase of formulation of data process g minutes; 46 GOVERNMENT REGULATIONS b. sendinq recommendation about the legal action of land affairs from Kakanwil to BPN RI by enclos ing case handling documents and data processing minutes in no later than 3 (three) months follow Ing the receipt of the application for nullification from applicant; c. processing recommendation documents and data processing minutes in BPN RI to determine wheth er the legal action of land affairs may be taken or not in no later than 3 (three) months following the receipt of receommendation from Kakanwil through the phases as meant in Article 27; d. issuing decision in the form of: 1) decision on the nullification of spoiled land title; LJ order to land affairs office to record It land af fairs book and other general lists; or 3) notification to regional office of the National Land Affairs Agency that the application/rec ommendation may not be approved. e. before issuing the decision as meant in letter d , Deputy may seek directive from the Head of BPN RI by submitting minutes of data processing in no later than 3 (three) months following the receipt of recommendation from I<akanwil. Article 70 The handling of application for taking legal ac tion of land affairs against land title certificate iss ued by the State Minister of Agrarian Affairs/Head of the National Land Affairs Agency or the Minister of Home Affairs, Head of BPN RI or official of BPN, containing administrative legal mistake sh;J1l he clone through the following procedures: a. sending recommendation about legdl ac uon or land affairs from Kakan or Kakanwil to the Head of BPN RI by enclosing case handling documents and data processing minutes in no ;Iater than 3 (three) months following the receipt of application for the nullification from applicant; b. processing documents of recommendation and data processinq minutes in Deputy to decide whether legal action of land affairs may be taken or not in no later than 3 (three) months following the receipt of recommendation from Kak anwit. c. submitting recommendation from Deputy to the head of BPN RI in the form of: 1) recommendation about nullification of land title certificate containing administrative legal mistake; 2) recommendation about the recording In land affairs book and other general lists; or 3) notification to Regional Office of the National Land Affeirs Agency and lurid dffair5 office that the application/recommendation may not be approced. d. issuing decision by the Head of BPN RI on legal ac tion of land affairs against the administrative legal mistake or letter of rejection that the application may not be approved. Business News 8149/8-26-2011 47 Paragraph 3 Principle of Legal Action of Land Affairs against Decision/Letter Containing Administrative Legal Mistake Article 71 (1) In the case of one land plot having several over lapping land title cerufica tes. BPN RI shall toke legal action of land affairs in the form of the nul lification and/or issuance of land title certificate so that the land plot has only one legitime land title certificate. (2) The administrative legal mistake potential to make a land title certificate illegitime shall be fortified by evidence in the form of: a. legally fixed court decision; and/or b. result of examination proving administrative le gal mistake; and/or c. information from investiqator about document or information falsification crime in the issu aric e, transfer or nullification of land title cor tificate; and/or d. other letters showing administrative mistake. Paragraph 4 Criteria and Model of Settlement Article 72 Land affairs cases handled by BPN shall be declared settled with the settlement criteria as fol lows: a. Criteria One {K 1) in the form of the issuance of notification about the settlement of land affai rs cases and notification to all parties in dispute; b. Criteria Two (K 2) in the form of the issuance of decision about the granting of land title, nuJlifi cation of land title certific at e . rer.ording in land affairs book, or other legal actions in accordance with notification about the settlement of land af fairs case; c. Criteria Three (K 3) in the form of notification about the settlement of land affairs cases, which is followed up by mediation by BPN up to recon ciliation agreement or other agreement approved by the pa rties; d. Criteria Four (K 4) in the form of notification about the settlement of land affairs cases principally certifying that the settlement of land affairs case would pass legal proceedings in the court, be cause of the absence of agreement to reconcile; e. Criteria Five {K 51 in the form of notification about the settlement of land affairs cases certifying that the settlement of la nd affairs cases already han dled is not authority of BPN and opening opportu nity for the settlement of the ca ses through other institutions. CHAPTER VIII .. to be continued {RI 48 Business News Sl·f9!3-~'6'·20t I MANAGEMENT OF LAND AFFAIRS ISSUE ASSESSMENT AND SETTLEMENT (Regulation of the Head of the National Land Affairs Agency of the Republic of Indonesia Number 3 Year 2011 dated February 4, 2011) [Continued from Business News No. 8149 pages 42-48] CHAPTER VIII AUTHORITY TO NULLIFY LAND TITLE AND REGISTRATION OF LAND TITLE RESULTING FROM CONVERSION Part One General Article 73 thority of the Head of BPN RI to deputy shall be stipulated by a decision of the Head of BPN RI. (4} Procedure for delegating authority of the Head of BPN RI to Kakanwil shal be in accordance with the provision as meant in Article 74. (1) The termination of legal relations or nullification of Part Two land title or nullification of land registration data Authority of Kakanwil shall be executed by the Head of BPN RI. Article 74 {2) The execution of the task as meant in paragraph Kakanwil shall be authorized to nullify (1) may be delegated to Deputy and Kakanwil. a. decision on the granting of land title issued by Ka (3) Procedure and mechanism of the delegation of au- kan, which contains legal mistake administratively i3us!nFS5 New:j d! ',;U/ 9-.1-2C: f in the issuance thereof; b. decision on the granting of land title with the au thority to issue being delegated to Kakan and Ka kanwil. to execute legallY fixed court decision; c. strata title of unit of flat to execute legally fixed court decision; d. registration of land title resulting from the affirma tion/recognition of right containing legal mistake administratively in the issuance and/or executing legally fixed court decision: and e. recording of judicial/physical data in the mainte nance of land registration data as the continuation of the settlement of land affairs cases. Article 75 Kakanwil shall act on behalf of the Head of BPN RI in the issuance of decision on nullification as meant in Article 74. Article 76 Kakanwrl shall report the delegation of au thority as meant in Article 74 to the Head of BPN RI at the end of every month. CHAPTER IX LEGAL AID AND PROTECTION Parr Onf' Legal Aid Article 77 (1) Legal aid shall be provided in the interest of BPN RI or active or retired apparatuses of BPN RI, Re gional Office of Land Affairs Agency and/or Land Affairs Office encountering legal issues. (2) The legal aid shall include: a. leq al advocacy in leqal oroceedinqs aqainst criminal, civil or state administration cases for the big family of BPN covering employees of BPN, retired employees/officials of BPN and families of employees of i::H-'N encountering le gal issues; b. legal assessment related to interest of BPN; c. legal assessment of consequence of actions taken by officials or employees of BPN. Article 78 Legal advocacy for the big family of BPN shall include: a. legal aid in legal proceedings against criminal case, Ilmong others: 1) assistance in preparing legal opinion; 2) advocacy in interrogation in the examination level; 3) advocacy In interrogation In the investigation level; 4) advocacy during lcourt hearing. b. legal aid in legal proceedings against civil/state ad ministration cases, among others: 1) assistance in preparing power of attorney; 2) assistance in preparing litigation; 3) assistance in preparing legal oprnion: 46 Business News 81S0/j·S-2rJ 11 4) advocacy during court hearing. Part Two Legal Protection Article 80 {1) Making decision to take legal action of land at Article 79 (1) Legal aid shall be provided by a legal aid team con sistine of employees/officials of BPN from work ing units of deputies, Legal and Public Relations Affairs Center of BPN RI, Regional Office of the National Land Affairo Agency and/or Land Affairs Office. (2) The execution ot legal aid task shall be completed by letter of assignment from the authorized offi cial. fairs rr , 'rm of the issuance, transfer and nul provision shall constitute task and obligation of employees or officials of BPN, (3) Any mistake in the handling of land affairs case attributed to negligence of employee or official of BPN shall constitute admlrustrative violation liable to administrative sanction. Article 81 (1) All consequences attributed to legal actions of employees or otticiats of i:jPN in the framework ot handling land affairs dispute, conflict and cases governed in this regulation, which have been ex ecuted in accordance with the effective procedure that trigger problems, such as civil, state adminis tration lawsuit, or report on crime against employ ees or officials of BPN shall become responsibility of BPN. (2) Employees or officials of BPN already executing lification of land titlc certificate, recording/cross ing in land affairs book and/or other general lists as well as other legal actions to execute legally fixed court decision Shall constitute legal action which shall be executed by the authorized official of BPN. (2) Making decision to take legal action of land affairs in the form of the issuance, transfer and nullifi cation of land title certificate, recording/crossing in lanrl ~dfair<; hook C1nrl/or other general lists as well as other legal actions in the framework of Irdnu\\lI1d \'dnu dl lairs C'dSBS in accordance wiln tne tasks in accordance with the effective procedures in this regulation and encountering legal issues shall secure legal aid and protection from BPN, Article 82 The costs needed to execute tasks and ac tivities as well as provide legal aid regulated in this regulation shall be charged with the Completing List of Budget Realization (DIPA) of the said working unit. CHAPTER X iRAN'5il\ONAL F'RO'V\'5\QN 47 Article 83 With the enforcement of this regulation, land affairs which remain in the course of handling and settlement shall be handled and settled further on the basis of this regulation. CHAPTER XI CONCLUSION Article 84 With the enforcement of this regulation: 1. Regulation of the State Minister for Agrarian Af fairs/Head of the National Land Affairs Agency Number 3 Year 1999 on Delegation of Authority to Issue and Nullify Right to State Land; 2. The provisions of Regulation of the State Minister lor Ayraridrl Al Iairs/Heau or the Ndtiorli:ll Lar id Ar~ fairs Agency Number 9 Year 1999 on Procedures for Granting and Nullifying Right to State Land and Management Right, in so far as regulating proce dures for nullifying right to state land contraven ing this regulation; ::l. [Jecrp.p. nf t he He ad nf t he National I C1nn Affairs Agency of the Republic of Indonesia Number 34 Year 2007 on Technical Directives for Handling and Settling Land Affairs Issues; and 4. Other provisions contravening this regulation shall be revoked and declared null and void. Article 85 The 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 attachment is not pub lished. (R) 48