Land Bill, Property Rights Are Revoked If Land Is Not Used

Land Bill, Property Rights Are Revoked If Land Is Not Used

Jakarta, CNN Indonesia - The Government and the House of Representatives plan to implement strict rules in the land sector. The regulation will be stated in the new Land Law.

In the draft Bill on Land that they are currently examining, tightening is done by implementing the revocation of land rights of someone who is not utilized.

Quoting the draft of the Land Bill, a person's right to land may be revoked by the government if the right-holder does not use, use or control the land.
Article 22 Paragraph 1 states that ownership rights that are not controlled, used, and utilized by the holders of their rights, and are used by other parties in good faith can cause the ownership rights to be erased and the land to become land which is directly controlled by the state.
In more detail, someone's property will be lost if the land has been controlled, used, or used by another party for 20 years. In addition, those who control the land can also submit applications for land rights directly to the government.

However, this only applies if the ownership rights are not in the name of the government. Therefore, all property rights recorded as state assets will be exempted from the regulation.

Known, the right of ownership is one type of land rights granted by the government. Some parties who can get ownership rights are Indonesian citizens and certain legal entities.
The intended legal entities include banks established by the state, cooperatives, religious bodies appointed by the Minister of Agrarian Affairs and Spatial Planning (ATR). After obtaining recommendations from the minister in charge of religious affairs, and social bodies appointed by the Minister of ATR in accordance recommendation from the minister in charge of social affairs.

Meanwhile, the HGU will be given to Indonesian citizens and legal entities to run agricultural, plantation, livestock, fishery and salting business activities. Individuals will be given a term of 25 years and a business entity of 35 years.

After the time period expires, each HGU owner can submit a one-time extension to the government. Individuals can extend up to 25 years and business entities 35 years.
In addition, the Minister of ATR also has the right to provide an extension of the maximum HGU term of 20 years. However, the government will consider several things, such as plant age, type of investment, and investment attractiveness.

Then, the same as property rights and HGU, HGB is also given to Indonesian citizens and certain business entities. The government will only provide HGB for a period of 30 years and be extended once for a period of 20 years.

Just like HGU, the ATR Minister can also provide an extension period of no more than 20 years. This is by considering the age of construction, type of investment, and investment attractiveness.
Furthermore, the right to use rules are detailed into two, namely given a certain period of time and as long as the building is used.

In this case, the right to use a certain period of time will be given to Indonesian citizens, foreign nationals residing in Indonesia, Indonesian legal entities, and foreign legal entities that have representative offices in Indonesia.

Meanwhile, the right to use during use will be given to government agencies and regional governments, representatives of foreign countries and international institutions, as well as religious or social bodies.

ATR / BPN Minister Sofyan Djalil some time ago stated that the Land Bill was made to supplement the Basic Agrarian Law (UUPA) No. 5 of 1960. (aud / lav)

https://www.cnnindonesia.com/ekonomi/20190924103147-92-433300/ruu-pertanahan-hak-milik-dicabut-jika-tanah-tak-dipakai