Regulation of the Minister of Manpower and Transmigration No. 13/2014 on the Settlement of Transmigrant Land Title

THE SETTLEMENT OF TRANSMIGRANT LAND TITLE (Regulation of the Minister of Manpower and Transmigration Number 13 Year 2014 dated September 12, 2014) BY GRACE OF GOD THE ALMIGHTY 2. Law Number 32 Year 2004 on Regional Adminis THE MINISTER OF MANPOWER AND TRANSMIGRA- tration (Statute Book of the Republic of Indonesia TION OF THE REPUBLIC OF INDONESIA Considering: That in order to implement the provision in Article 30 paragraph (2), Article 31 paragraph (6), paragraph (7), and Article 32 paragraph (5) of Gov ernment Regulation Number 3 Year 2014 on the Im plemenation of Law Number 15 Year 1997 regarding Transmigration, as already amended by Law Number 29 Year 2009 concerning the Amendment to Law Number 15 Year 1997 regarding Transmigration, it is necessary to stipulate a ministerial regulation regard ing the settlement of transmigrant land title; In view of: 1. Law Number 15 Year 1997 on Transmigration (Statute Book of the Republic of Indonesia Year 1997 Number 37, Supplement to Statute Book of the Republic of Indonesia Number 3682) as al ready amended by Law Number 29 Year 2009 re garding the Amendment to Law Number 15 Year 1 997 on Transmigration (Statute Book of the Year 2004 Number 125, Supplement to Statute Book of the Republic of Indonesia Number 4437); 3. Government Regulation Number 38 Year 2007 on the Sharing of Public Administration Affairs between the Government, Provincial Administra tion and Regency/Municipal Administration (Stat ute Book of the Republic of Indonesia Year 2007 Number 82, Supplement to Statute Book of the Republic of Indonesia Number 4737); 4. Government Regulation Number 7 Year 2008 on Deconcentration and Seconding Task (Stat ute Book of the Republic of Indonesia Year 2008 Number 20, Supplement to Statute Book of the Republic of Indonesia Number 4816); 5. Government Regulation Number 3 Year 2014 on the Implementation of Law Number 15 Year 1997 regarding Transmigration as already amended by Law Number 29 Year 2009 regarding the Amend ment to Law Number 15 Year 1997 on Transmi gration (Statute Book of the Republic of Indone sia Year 2014 Number 9, Supplement to Statute Book of the Republic of Indonesia Number 5497); Republic of Indonesia Year 2009 Number 131, Supplement to Statute Book of the Republic of DECIDES: Indonesia Number 5050); 34 Business News 8676-8677/3-11-2015 To stipulate: THE REGULATION OF THE MINISTER OF MANPOW ER AND TRANSMIGRATION ON THE SETTLEMENT OF TRANSMIGRANT LAND TITLE. CHAPTER I GENERAL PROVISION Article 1 Referred to in this ministerial regulation as: 1. Transmigration Affairs shall be everything related to the implementation of transmigration. 2. Transmigration shall be voluntary migration of residents in order to enhance welfare and stay in transmigration area organized by the government. 3. Transmigrant shall be citizen of the Republic of Indonesia that migrates voluntarily to transmigra tion area. to residence and business place of transmigrant. 7. Management Right hereinafter called HPL shall be a controlling right from the state with the author ity to implement it being partly delegated to the holder of the right. 8. Proprietary Right to Transmigrant Land hereinaf ter called Proprietary Right shall be a right owned by transmigrant to land in the form of residence land and land of business place. 9. Certificate of Proprietary Right to Transmigrant Land hereinafter called Certificate of Proprietary Right shall be a letter constituting evidence of right to land owned by transmigrant in the form of residence land and business land. 10. Certificate of Land Sharing hereinafter abbrevi ated to SKBT shall be evidence of the sharing of land to transmigrant as the basis for the control ling and use of land for transmigrant. 4. Transmigration Area shall be a cultivation area 11. Physical Data shall be information about position, having function as resettlement and business border, and acreage of land, including information place of communities on one development sys about the existence of building or part of building tem in the form of transmigration development thereon. area or transmigration resettlement location. 12. Juridical Data shall be information about legal sta 5. Resettlement Unit hereinafter abbreviated to SP tus of land square. shall be a part of unit of resettlement area in the 13 As Built Drawing Map hereinafter called ABD Map form of a totality of resettlement or several reset- shall be a picture of working result or technical tlement areas as a totality with the accommodat- field resulting from the implementation of the ing capacity 300-500 (three hundred up to five work of preparation for resettlement area. hundred) families. 14. Sketch of Land Square shall be a sketch show 6. Transmigration Resettlement shall be a totality of ing position of land square with information about resettlement or part of resettlement unit designed north/south/west/east border. Business News 8676-8677/3-11-2015 35 15. Land Plot shall be a part of earth surface consti tuting a square having specified borders and al ready stipulated by the authorized official. 16. Regional Apparatus Working Unit hereinafter called Regency/Municipal SKPD shall be a work ing unit executing public administration affairs in the field of transmigration within a regency/city. 17. Land Square shall be a part of earth surface con stituting an unit of square with specified borders. 18. Licensed Surveyor shall be a person having skill in the field of measuring and mapping that has secure certificate from the National Land Affairs Agency. 19. Minister shall be the Minister of Manpower and Transmigration. Article 2 (1) The minister shall be responsible for the settle ment of transmigrant land title. (2) The settlement of the land title as meant in para graph (1) shall be done by the government and/ or regional government on the basis of the decon centration and seconding task principle. (3) The settlement of the land title as meant in para graph (1) shall be done in HPL land. b. procedure for the sharing of land; c. the granting of certificate of the sharing of land; and d. procedure for the settlement of certificate of pro prietary right. CHAPTER II MEASURING AND INSTALLING OF BORDER SIGN OF LAND SQUARE Article 4 (1) The would-be shared land square shall be mea sured and installed by border sign of land square by Regency/Municipal SKPD in coordination with local land affairs office. (2) In executing the measuring and installing of bor der sign of land square as meant in paragraph (1), Regency/Municipal SKPD may appoint licensed surveyor or profession institution in the field of the measuring and mapping affairs. Article 5 (1) The measuring and installing of border sign of land square as meant in Article 4 paragraph (1) shall start form the preparation of map of work plan for the sharing of land. 'St (2) The map of work plan for the sharing of land as meant in paragraph (1) shall be made on the basis of ABD map. (3) The measuring of and square shall be done by terrestrial method fulfilling the technical norm of 4 1 square; the measuring and mapping. Business News 86768677I3- 11 -2015 Article 3 The scope of regulation in this ministerial reg ulation shall cover: a. measuring and installing of border sign of land (4) Land square already measured shall be given border sign in every corner of land border and if necessary, border sign may be supplemented in certain points along the line of the land square. (5) Every land square already given border sign shall be given plot number and subsequently written down into map of plan for the sharing of land. (6) The map of plan for the sharing of land as meant in paragraph (5) shall be stipulated by Head of Regency/Municipal SKPD. (7) Map of the plan for the sharing of land as meant in paragraph (6) shall become a basis for the shar ing of transmigrant land. Article 6 Procedures for the sharing and installing of border sign of land square as meant in Article 4 and Article 5 shall be contained in Attachment I, consti tuting an integral part of this regulation. CHAPTER III PROCEDURE FOR THE SHARING OF LAND Article 7 (1) Land square already given border sign and plot number shall be shared to: a. transmigrant; b. local resident moving to new resettlement as part of SP Pugar and securing treatment as transmigrant; and c. local resident living permanently in resettle ment as transmigrant. (2) The transmigrant and local resident as meant in paragraph (1) shall reserve a right to secure land square after they are placed and staying in trans migration resettlement as well as stipulated on the basis of decision of regent/mayor of the des tination region. (3) The land square as meant in paragraph (1) shall be in the form of land for the need of: a. residence and business; or b. residence. (4) Head of Regency/Municipal SKPD shall act for and on behalf of regent/mayor to execute the sharing of land square as meant in paragraph (1) by a drawing method. (5) The sharing of the land as meant in paragraph (4) shall be written down into account signed by the said transmigrant and head of Regency/Municipal SKPD. (6) Format of the account of the sharing of land as meant in paragraph (5) shall be contained in At tachment ll constituting an integral part of this ministerial regulation. CHAPTER IV THE GRANTING OF CERTIFICATE OF THE SHARING OF LAND Article 8 (1) The minister shall assign regent/mayor to issue SKBT. . ment as part of SP Pugar and securing treat- (2) SKBT shall be granted in no later than 6 (six) i Business News 8676-8677/3-11-2015 37 months as from the placement of the transmi grant as meant in Article 7 paragraph (2). (3) SKBT as meant in paragraph (1) shall contain at least: a. name of family head; b. resident identity number of the head of fam ily; c. place and date of birth of the head of family; d. address/block/number of house/location; e. occupation; f. region of origin of transmigration; g. designation of plot; h. Number of plot of land square; i. acreage of plot according to designation; j. border of plot; and k. sketch of plot. (4) Format of SKBT as meant in paragraph (1) shall be contained in Attachment III constituting an in tegral part of this ministerial regulation. Article 9 (1) SKBT shall be made in triplicate, consisting of one original exemplar and two copy exemplars. (2) The original SKBT as meant in paragraph (1) shall be granted to the transmigrant as meant in Article 8 paragraph (1). (3) Copy of SKBT as meant in paragraph (1) shall be come the completeness of document for the ap plication for certificate of proprietary right and file saved in Regency/Municipal SKPD. Article 10 (1) SKBT may be nullified if the transmigrant: a. resigns from transmigrate; b. abandons land of residence and business place in the adjustment period; c. transfers SKBT to other party. (2) The nullification of SKBT as meant in paragraph (1) shall be done by regent/mayor. (3) The nullified SKBT as meant in paragraph (1) may be transferred to alternate transmigrant in accor dance with the provision of legislation. Article 11 Regency/Municipal SKPD shall be obliged to document the whole results of the granting of SKBT covering: a. map of work plan for the sharing of land; b. measuring map and the sharing of plot; c. document containing data about result of the measuring of land square; d. book of information about the sharing of land, in the form of a list containing information about transmigrant securing right to use land in accor dance with SKBT; e. document of the implementation of activity in the form of photo of documentation of the whole ac tivities of the issuance of SKBT; and f. decision on stipulation of transmigrant. CHAPTER V .1! PROCEDURE FOR THE SETTLEMENT OF CERTIFI Business News 8676-867713-11-2015 CATE OF PROPIETARY RIGHT Article 12 (1) Regency/Municipal SKPD shall prepare process for the application for propietary right, namely: a. inventorying of SKBT; and b. verification of SKBT with holder of SKBT. (2) The inventorying of SKBT as meant in paragraph (1) letter a shall be done to ascertain the quantity of the existing SKBT and the quantity of transmi grant already stipulated by regent/mayor. (3) The verification of SKBT with the holders of SKBT as meant in paragraph (1) letter b shall be done to ascertain the conformance of personal data about holders of SKBT and the data as con tained in SKBT. (4) In the case of SKBT as meant in paragraph (3) not matching the data about the holders of SKBT, the application for land title shall not be processed. mayor of region of destination. b. information about physical data about result of the sharing of land, which is drawn in a map with scale 1:5.000; and c. copy of HPL certificate already legalized by the authorized official. CHAPTER VI MONITORING AND EVALUATION Article 14 (1) Governor as representative of the government shall monitor and evaluate in the framework of implementing policy and activity of the settlement of transmigrant land title in regency/city. (2) The monitoring and evaluation as meant in para graph (1) shall be applied periodically to SKPD ex ecuting the policy and activity of the settlement of transmigrant land title. Article 13 (1) Regency/Municipal SKPD shall submit proposal for the certification of certificate of transmigrant land title to Regency/Municipal Land Affairs Of fice on the basis of SKBT already verified. (2) The proposal as meant in paragraph (1) shall be accompanied by the following documents: a. information about applicant; 1. copy of identity of applicant (KTP); 2. copy of family card; and 3. decision on stipulation of transmigrant CHAPTER VII REPORTING Article 15 (1) Regent/Mayor shall be obliged to submit annual report to governor on the implementation of the policy and activity of the settlement of transmi grant land title. (2) Governor shall be obliged to submit annual report to the Minister on the implementation of policy and activity of the settlement of transmigrant land title. and alternate transmigrant by regent/ (3) The reporting as meant in paragraph (1) and \ Business News 8676-8677/3-11-2015 1 39 paragraph (2) shall be done in accordance with legislation. CHAPTER VIII FUNDING Article 16 The funding of the settlement of transmigrant land title shall come from the State Budget of Rev enue and Expenditure. CHAPTER IX FOSTERING AND SUPERVISION Article 17 (1) The minister shall foster and supervise the imple mentation of the policy and the settlement of transmigrant land title to provincial government. (2) Governor shall foster and supervise the fostering and supervision over the implementation of policy and the settlement of transmigrant land title to regency/municipal government. CHAPTER X CONCLUSION Article 18 The regulation shall come into force as from the date of promulgation. For public cognizance, the regulation shall be promulgated by placing it in State Gazette of the Re public of Indonesia. Stipulated in Jakarta On September 12, 2014 THE MINISTER OF MANPOWER AND TRANSMIGRA TION OF THE REPUBLIC OF INDONESIA sgd. Drs. H. A. MUHAIMIN ISKANDAR, M.Si Promulgated in Jakarta On September 12, 2014 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2014 NUMBER 1298 Editor's note: Due to technical reason, the attachment is not pub lished. (R) 40 1 Business News 8676-8677 /3-1 -2015