or looonesla - FAOfaolex.fao.org/docs/pdf/ins87049.pdfPreSidential Regulation No.36Year 2005,...
Transcript of or looonesla - FAOfaolex.fao.org/docs/pdf/ins87049.pdfPreSidential Regulation No.36Year 2005,...
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PROVISION FOR IMPLEMENTATION OF PRESIDENTIAL REGULATION NO. 36YEAR 2005CONCERNING LAND PROCUREMENT FOR CONSTRUCTION Of PUBUC INTERE~T AS
AMENDED BY PRESIDENTIAL REGULATION NO. 65YEAR 2006 CONCERNINGAMENDMENT TOPRESIDENTIAL REGULATION NO. 36 YEAR 2005 CONCERNING
LAND PROCUREMENT FOR CONSTRUCTION FOR PUBUC INTEREST
(Regulation of Head of National Land Affairs Agency of RI No.3 Year 2007, dated May 21, 2007)
WITHTHEBLESSING OFTHEONE AND ONLY GOD,
THE HEAD OFNATIONAL LAND AFFAIRS AGENCY OF
REPUBliC INDONESIA,
Considering:
That to implementthe provision InArticle2 and
Article 22ofPresidential Regulation No.36 Year 2005, con
cemlng Land PrOCurement ror PubliCInterest constructiOn
as amended byPresidential Regulation No.65 Year2006, it
is necessary to stipulated regulation of the Head of Na
tional Land Affairs Agency on provision for implementing
PreSidential Regulation No.36 Year 2005, concerning Land
Procurement for Public Interest COnstruction asamended
by Presidential Regulation No.65year 2006, concerning
Arn~ndmP,l'\t to Pr~idpntialR~ulationNo_36YAAr20ns,
concemi~ Land Procurement for implementation of Pub
licInterestCOnstruction;
In View of:
1. Law No.5 Y03r 1%0, concerning Regulation of Agro:r
ian Basic Prindpals (Statute Book of the Republic of
Indonesia Year1960No.104, Supplement to Statute
Book of theRepublic ofIndonesia No.2043);
2. Law No.51 Prp. Year 1960,concerning Prohibition from
uSing Land Wltrl pennltrrom the AuthohZed Person or
hiS/her proxy (Statute Book of the Republic of Indone
sia Year1960No.1SS, Supplementto Statute Book of
the Republic of Indonesia No.2106);
BUsiness News 1728/1U-24-20Qtl'
3. law No.20 Year 1961, concerning Revocation of Rights
to Land and Items Existing on It (Statute Bookof the
RepUblIC or looonesla Year1961NO.2l:R1, SUPf>lement
to statute Bookd theRepublic of Indonesia No.2324);
4. Law No.17 Year 2003 (lINNo. 6915JNI!lS$ .26.4-2&4
andso fotth), concerning State's Finance (Statute
Bookof the Republicof Indonesia Year 2003 NoA7,
Supplement tostatute Bookof theRepublic of Indone
sia No.4286);
5. law No.1Year2004 (BNNo. 7042pages 3A-19A
andso forth), concerning State Treasury (Statute
600k of the R~publlt: of Indonesia Year 2004 No.5,
Supplement to StatuteBookof the Republic of Indone
siaNo.435S);
6. Law No.32Year 2004 (BNNo.7r.83pages :lA-;t:lA
and so forth) concerning Regional Administration
(StatuteBookof the Republic of IndonesiaYear2004
No.l25,Supplement to Statute Book of the Republk: of
Indonesta No.tJ437) as amended by law No.8 Year
2005, concerning StipUlation of Government Regula
tion in Lieu of lllw No.3 Yeer 200S (BN No. 7218
pages 20A·2U4), concerning Amendment to Law
No.32Year2004,concerning Regional Administration
to become Law(statute Book of the Republicof Indo
nesia Year2005No.iOB, Supplementto Statute BOok
of theRepublic of IndonesiaNo.4548);
7. laW ., .••
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7. Law No.Z6 Year Z007 (BNNo. 7S99pages,lQA-3OA
..so fotth), oonceming Space Layout (statute Book
of theRepublicof lndonesjaYear2007I'l1o.68, SUpple
ment to 5tahJte Book of the Republic: of Indonesia
No.4725);
8. GovemmentRegulation No.40 Year 1996 (BNNo. 5679
pages .lSA-2OA andso forth) concerning Right to
MakeBusiness. Right to construct and Right to Use
Land (Statute Book of the Republic oflndonesia Year
1996 No.58, Supplement to Statute Book of the Re
public of Indonesia No.36ct3)i
9. Government Regulation Na.24 Year 1997 (BNNo. 6139
p;IgeS ~!JA-34Aand so k1I1h), concerning Land
RegistratIOn (Statute BookOfthe Repubflcof Indone
sia Year1997 No.2S, SUpplement to statuteBook of
the Republic ofIndonesia No.2171);
10. G>vemment Re!JulaOOn No.16Year 2004 (BNNo. }'JJJ
pages 2A~12A), concemmg land layout and Use
(Statute Bookof the Republic of Indonesia Year 2004
No.45,Supplement to StatuteBook: of the Republic of
II'Idonesia No.4385);
11. Presidential Regulation No.36 Year 2005 (BNNo. 721.9
pages2A-&4), concemmg land Procurement forPub
lic Interestconstructionas amended by Presidential
Regulation No.65 Year2006 (BN No. 7376 pageslSA-
ZOA),U!1K:e1 ning Amendment to Plesidential Regula
tion No.36 Year2005, concerning land Procurement
for PubJicInterest COnstruction;
12. Presidential Regulation No.IO Year2006,concerning
National land Agencyj
13. Presidential Decree No.34 Year2003 (BN liD. 6920
pages lA·2AJ, concerning National Policy on land
Affairs;
Business News 7728/10-2+2008
DEC} DES:
To stipulate:
REGULATION OFTHE HEADOF NATIONAL LANDAFFAIRS
AGENCY ON PROVISION TOIMPlEMENT PRESIDENTIAL
~F(:,lJ\ ATION. f',&(Y36 YEAR 'lOOe:;. <:nNC'£RNtNG I MIDPRO
CUREMENT FOR PUBLIC INTEREST CON-STRUCTION AS
AMENDED BY PRESIDENTIALREGULATION 0.65YEAR 2006,
CONCERNINGAMENDMENrlD fIRESIOOOIAlREQJtAllON
00.36YEAR 2005, CONCERNING LAND PROOJREMENTFOR
PUBtlC INTEREST CONSTRUCllON.
Q-1APTERI
GENERAL PROVISlON
Article 1
What is meant in this regulation by:
t. l;ovemlT'lf"nt age"CV shall he State Institutiorl,Oepart-
menl1 Non-<io'iemmental Institution, Provincial G0vern
mentor Regency/Municipality Government
2. Ownershallbeholderof right to land,and/or ownerof
building! and/orownerof plants,and/orownerof other
items related to the land.
3. Land Price Appraising Institution shallbeprofessional
andindependent institutionshavingexpertiseandca
pability in landpriceappraising.
.q. Land Price Apprai:)ing Team shall be 1I teem duly es~
tablished underDecIsion ofthe Regentimayor or Gov
emorfor laktll't'l Oil'lital City" S~i::\1 Rl'!gion to Bl'lpr.:tise
the landprice, ifthere is no Land PriceAppraising Insti
tute intheregency/rnunidpality concerned.
OiAPTERII
Pl.ANNING
Article 2
(1) Toobtain land for the public interestconstnJction, the
governmentagency that needs the Ianel shall prepare
proposal OIl the mnstruct10n planore (1) yearbefore,
specifying the:
a. purposes andobjectJves d the constructioni
b. location andsiteof the construction;
c. areaof landneeded;
d. sourced fundi
e. analySiSorenvlronmental feaSIbility for me CDflStn.JI:;
tionplan, lndudlng impactofthe construction and
the efforts of prevention andcontrol.
(2) Preparation d proposal for construction plan referred
to inparagraph (l), letterS band C, governmentagency
that needs such land mayasktorconsidelation of the
National Land Agency fAthe Republic of Indonesia.
ArtiCle 3
No proposal for ronstrudion plan referred to in
ArtkIe 2 shall be needed If the construction for publicin
terest is used for urgentpublicsafetyanddisaster treat-
ment fadlities.
CHAPTERID
DECISION OF LOCATION
Article 4
Based on the proposal for construction plan re
ferred to in Article 2, the government agency that needs
the Ia.nd shalt submitapplication for decislon ofthe loca
tion to the Regent/Mayor or Governor for area in Jakarta
capital Cityof Special Region with copy to the Head of
Land Affi:ii~ Office of the Regency/Municipality.
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Article5
(1) At receipt of the application roc decisiun of the Iocatiorl
referred to inArticle4, the Regent/Mayoror Governor
for area in Jakarta capital City Special Region shall
study the justification of theoonstruction plan from the
various aspects below:
a. space layout;
b. lancllayout and use;
c. social economy;
d. environmenti and
e. control, ownership, anduseof land.
(2) Thestudy onjustification of the constructfon plan re
ferred to In paragraph (1) shall be based on recom
mendation ofthe relevantagencyandLand Affairs OffIce
inthe Regency/Municipality.
(3) t3asedoo.tne \1!Q)Irmendation refetred to in paragn?Jph
(2), the RegentfMayor or GCwernor for areain Jakarta
capital Ut\'Special Region shan issue dedslonon the
Ioaition.
(4) ThecleclsiOn of location referred to In paragraph (3)
shall be submittEd tothegovernment agency that needs
the land with copy to the Land Affairs Office in the
Regency/Municipality andretevant agency.
-(5) DecisIOn oflocation referred to Inparagraph (3) shall
also~ as permit fur blond ~uis\tion fur the gov
ernmentagency that needs the land.
Article6
(1) Decision of the location referredto in ArtiCle 5, para
graph (3) 5hall be made for 0 term of:
a. one (1) year for land procurement that needs an
area of landup to 25(twenty-five) hectares;
b.two!!., .
b. two (2) years for landprocurement that needs an
area of landfrom 2S (twenty-five) up to 50 (fifty)
hectares·,c. three (3) yearsfor land procurement that needs an
area of land more than SO (fifty) hectares.
(2) Ifwithinthetermof thestipulated location referred to
in paragraph (1) landprocurement is not settledyet,
but has obtained at least 75% {seventy-five percent}
or the construction plan,the Regent/Mayor or Gover
nUl rur drea urJ<ski:Ula Cdpital Oly Spedal Region may
only Issue one (1) time extension for the stipulated
location for a term of one(1) yearat the longest.
Artide7
In theeventthat the recommendation referred to
in Artlde 5, paffigraph (2) does natju~with the existing
Site Plan of tile Area or space pfanning of the area or
municipality, but may not be carried out on the location
referred to in Article 2, paragraph (1), the Regent/Mayor
or Governor far area within Jakarta Capital City Special
Region suggesb other location for-oonstrucdon to the gov
ernmentagency thatneeds the land.
Article 8
AS Of receipt of the deoslon of tile iocanon, the
government agency that needs the landwithin 14 (four
teen) dayS shall be obliQed toannounce theconstruction
planfor publicInterest to the people, byorientation:
a. directly; and
b. indirectly, using printed media, electronic media, or
other media.
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Artide9
If the landlocation has been decided astheloca
tion forconstruct:k>n for pubJic interest, the thirdparty in
tending to obtainthe land at the location shall beobliged
to obtain written permit from the Regent/Mayor or Gover
norfor area withinJakarta capital City Special Region.
Article10
Nopermitto obtainthe landreferred to in Article
9 shall be requiral ir~ land is ubtdined rlUllI inht::lita~,
court judgment that has legal power and final or by in
struction of the law.
Article 11
(1) Application for decision of the site located in two (2)
regencies/municipalities or more than one (1) prov
inceshallbe submitted to the Governor.
(2) Application for decision of the site located in two (2)
provinces or more shall be submitted to the Head of
National Land Affairs Agency of theRepublic of Indo
nesia.
Article12
The procecIure for decision of the location, referred
to inArtIcle 4 throughArticle7 shall alsoapplytodecision
of the location that is underthe authorityof the Governor
and adjusted to meenVironment at provtnclalleVei.
Artide 13
Procedure for decision of the location referred to
in Article 4through Artide 7 shall alsoapplytodecision of
the location that is underthe authorityof Head of National
Land Affairs Agency ofthe RepublicofIndonesia.
CHAPlERIV
PROCEDURE.FOR LAND PROOJREMENT
Part One
j;or Land whichArea is more than one (1) hectare
Paragraph 1
Establishmentof Land ProcurementCOmmittee
Artidp 14
(1) Forprocurement of landfor public interest construc
tion referredto inArticle 5 of PresJdential Regulation
NO.36 Year 2005 asamended by Presidential Regula
tion No.65 Year 2006, land Procurement Committee
of the Regency/Municipality shall be established under
Decision of the Regent{Mayor or Governor for area
within Jakarta Capital City Special Region.
(2) Members of the Land Procurement Committee of the
Regency/Munidpality shall be the most nine (9) per
sons with structureasfOllows:
a. secretary of Region acting as Chairman and as
member;
b. Official from regional instrumentof Echelon II act
ing asVice Chairman and asmember;
c. Headof Land Affairs Office of Regency/Municipality
or official appointed as Secretary also acting as
member;3nd
d. Head of5ervice Office/Office/Agency of Regerq/
Municipality relating to the land procurement or
offidal appointed asmember.
(3) land Procurement Committee of Regency/Municipality
as referred to Inparagraph (1) shallrunctlonto:
a. prrMdedartflcationOJInformationtothepeople;
b.study and inventory the Iand,bulldtng, plants and
other items relatedto the land,whichtights will be
released or handedaver;
BusinessNewsm8/1o-2+2008
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c. study the legalstatusof the land wbich rightwill be
released or handed over;
d. announce the result of study and inventoryas re
ferred to in letters band Ci
e. receive the evaluatioll 1e>Ultor the kmd value, cmd/
or building, and/or plantsand/or other itemsrelat~
Ing to the land from the Institution or Land Value
Appraising Team and the offidal responsible for
appraising the buildingand/or plantsand/orother
Items relating to the land;
f. holddeliberationwith the ownerswhich rightswill
be released or handed;
g. decide the amount of loss compensation for the
landwhich right will be released or handed over;
h. wilrll:>C;cc; th~ rlF>liv~ry c1IMS cnmpl"nsatinn to thp
owners;
i. draw up Minutes of release or hand-overof right;
j. administer and documentaU documents on land
procurementanddeliverto thegovernment agency
that needs the landfrom the Land Affairs Office of
the Regenc.yfMunidpalityi and
k. submitany issue with consideration for settlement
of land procurement to the Regent/Mayor or the
Governor if the area is within Jakartacapital Oty
Special-Reglon if no consensus is reached by delib
erationto adopt resolution.
(4) The secretariat of the land Procurement committee
d the Regency/Munldpaflty shalldOmld!e at the Lancl
AffaIrs omce ofthe Regency/Municipality.
Attide15
(1) If tile land needed for coostruction for public interestis
bcalQ;l. in tno (2) regendes!l1lUflir.:fIBlties or more in
one(1)~, a LardProcuremert:camll'iUEe r:iPrai
inceshafl be estabftshed by Dedsion of the~.
(2) Members ........
(2) Members oftfle LandProcurement Committeeof the
Provin/Y rf'lferrf!!d to in p:'Iragraph (1) shall comprise
nine (9) personsat the mostwithJhe composition shown
below:
a. secretary of theRegion shallact asChairman and
asmember;
b. R~ionQI offioal of the Province appointed in the
same levelas Echelon UasViGe Chainnan andas
member;
c. Headof NarlOOlIf LandAffairsAgencyof Provincial
Region of offieiat· appointed as secretary and as
member; and
d. Head of service OffiCe/Office!Agency in the Prov
ince relating to implementation rAlandorocurement
or offICial appointed asmember.
(3) The land Procurement Committeeofthe Province re
ferredto in paragraph (1) shaU havethe duty to:
a. provideguidance, guideline and diredive for imple
mentation of land procurementin thetagenCylmu
niclpality;
b. coordinate In integratiOn the procurement Ofland
in the regency/muniCipality;
c. give L"Onsk:lt:ralion to UU:~ GuvernQr to make ~i-
sian forsettlement asto the natureand/oral110Uflt
of loss compensation as requested by Regent;!
Mayor; and
d. supervise and controlthe procurement of landin
theregern:yjmunlcipaUty.
(4)~ SE>netariat of the: land Procureme:nt Committe:e
oftheProvince.shail domicile at theOffICeof National
Land Affairs Agency of Provincial Region.
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Article 16
(1) If the land n~ed for construction for public interest
is located in two (2) provmces or more, a National
LandProcurementCommittee shall be estabJishedby
Dedsion of the Ministerof Home Affairs.
(2) Members of the National Land Procurement Commit
~ referT@(f to in paragrqph (1) "halJ .::ampt'ise nine
(9) persons at the most with the compositionasshown
below.
a. Secretary General of th~Department ofHome Af
fairs actingasChairman andasmember;
b. Echelon I offlOalof the Department of Public Worl<s
acting asVICe Chafnnan andasmember;
c. Echelon I official oftheDepartmentofNational Land
Affairs Agency of the RepUblic of Indonesia ap
pointedasSecretary andasmember;
d. Director ~eraljl\ssistantMinister/Deputy of
agency that is relatedto the land procurement as
member;
e. Governor or offldal appointed in the same level as
Echelon II asmember;and
f. RcgentiMayor of officiu1 appointed from Echelon n
levelas member.
(3) National LandProcurement COmmittee referred to in
pamgraph (1) shall mve the duty to:
a. provide guidance, guidelineand directive for Imple
mentation of fand procurement in the regency/mu
nicipality;
b. coordinate in integrationthe procurement of land
in !:he regency/municipality;
c. decide and/or stipulatea LandProcurement Com
mltb::eofRegency/Municipality to Ci:lnY out the task.
for land procurement in the respectiye regencyl
munidpalilyj
d.give.•.. ,
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PROVISION FOR IMPLEMENTATION OF PRESIDENTIAL REGULATION N0.36 YEAR 2005CONCERNING LAND PROCUREMENT FOR CONSTRUcnON OF PUBLICINTEREST AS
AMENDED BY PRESIDENTIAL REGULATION NO.65 YEAR 2006 CONCERNINGAMENDMENT TO PRESIDENTIAL REGULATION NO.36 YEAR 2005 CONCERNING
LAND PROCUREMENT FORCONSTRUmON fOR PUBUC INTEREST(Regulation of Head of National Land Affairs Agency of RI No.3 Year 2007, dated May 21, 2007)
(Continued from Business News No. 772.8 pages 14A-20A)
Paragraph 3
Identification and InventoryArticle20
(1) If the construction plan is accepted by the people as
referredto in Article 19, paragraph (3), letter a, the
Land Procurement Committee of the Regency/Munici
pality shall conduct identification and inventory on the
control, useandownership of the landand/or build
ingsand/or plantsand/or other items relating to the
land.
(2) The identification and inventory referred to in para
graph(1), shallcoverall activitieson:
Ct. designated borders;
b. measunng the plotof landand/or building;c. mapping of the plot of landand/or building andcir
cumference ofthe bordersof the plotof land;
d. stipulation of borders of the plot of land and/orbuilding;
e. data administration on the use and utilization of
the land;
f. status administration on the landand/or building;
g. data on the control and ownership of landand/or
building and/orplants;h. data on evidence of control anJ1 ownership of land
and/orbuilding and/orplants;and
l, othersdeemed necessary.
Article21
(1) Failure to conduct identification inventoryof the object
effectively by the Land Procurement Committee of the
Regent/Munidpality, work unitsmaybeestablished to
assist the dutyof the Land Procurement Committee of
the Regency/Munidpality.
BUSiness News 7731{1 0-31-2008
(Z) The work units referred to in paragraph (1) shall be
established and stipulated by the Land Procurement
Committee of theRegency/MunidpaHty.
(3) The resultof identification and inventory conducted by
the work units referred to in paragraph (1) shall con
stitutethe responsibility of the land Procurement COm
mitteeof the Regency/Munidpality.
Article22
If the identification and inventory referred to in
Article 20,paragraph (2) are conducted by the work units
referred to in Article 21, paragraph (1), selection of the
work unitshall be based on justification of expertise of the
work unit members and the dutYto be conducted.
Article 23
(1) Theresultof identification anti inventory referred to in
Article 20, paragraph (2), lettersband cshall be stlpu
late<:! in a tonm of Map of the Plot of Land.
(2) Theresultof identifICation andinventory referred to in
Artide20,paragraph (2), letter e through letterh,shall
bestipulatedin a form of a Ust that contains:
a. nameof the Holderof Rightto Land;
b. statusof Land and its document;
c. areaof the land;
d. ownership and/orland Control and/orbuilding and/
or pJants and/or other items relating to the Land;
e. useandutilizationof the Land;
f. imposition of Rightto the Landi and
g. other infonnation.
(J)Jhe........
(3) The land Procurement Committee of the Regency!
Municipality shall announce the Map of Plotof land
and Ust referred to in paragraphs (1) and(2) at the
Village Office and Land Affairs Agency Office of the
Regency/Munidpality,in website for seven (7) days
the mass media in at least two (2) times issues in
order to giveopportunityto all parties concerned to
file for objectkm.
(4) In the presence of objection, the Land Procurement
Committee of the Regency/Municipality shall mvestt
gateandassess the objection, and if:
a. theobjection isaccountable, the Land Procurement
C..ommittee of the Regenev/Munidoality shall make
properamendment/correction;
b. the objection isnotaccountable, then the land Pro
curemsnt CornmittPe of th~ Rpgenc:y/Municipality
mayproceed processing the landprocurement.
(5) If the objection referred to in paragraph (4) relates to
dispute of ownership, and/or control/use of the land
and/or building and/or plantsand/or other itemsre
lating to the land, the Land Procurement Committee of
the Regenq/MuoiclpDiity take DJI efforts for settlement
bydeliberation.
(6) If nosettlement is reached bydeliberation referred to
in pardg rClIJl I (5), the Lend Procurement Committee: of
the Regency/Municipality may suggest to all parties
concerned to settle throughthe court and record the
diSpute or case Inthe Map of Land andList referred to
in paragraphs (1) and (2).
(7) Afterrecording the disputeor case referred to in para
graph (6), the tanc Procurement committee of the
Regency/MunidpaHty shall proceed processing the land
procurement.
Article24
Atexpiryof the term of announcement referred to
inArtide23,paragraph (3), the Map andListreferred to in
Article23, paragraphs (1) and (2) shall be ratified by all
members of the LandProcurement Committee of the Re
gency/Municipality andacknowledged bytheHead efland
Business News 7731/10-31-2008
23A
Affairs Office of the RegenCY/MuniCipality, the Head-of Vil
lageand Head of Sub-District, and/or officials related to
thebuildings and/or plants.
Paragraph 4
Appointment of Institution/Land Value
Assessment Team
Article25
(1) The Land Procurement Committee of the Reqencv/
Municipality shall appointLand Value Appraising Insti
tution asdecided bythe Regent/Mayor or Governor if
th~ area i5 within Jakarta Capi~l City Special Region
to appraise the landvalue.
(2) The land Value Appraising Institution referred to in
peraqrapn (1) shall be hIstitution that has obtained li
cense from the National Land Affairs Agency of the
Republic of Indonesia.
Article26
(1) If in the regency/municipality or the surrounding re
gency/munidpality concerned no land Value Apprais
ing Institution exists as referred to in Article 25, the
Regent/Mayot orGovernorfor area within Jakarta Capi
tal aty Special Region shall establish Land Value As
sessment Team.
(2) Members ofthe Land Value Assessment Team referred
to in paragraph (1) shallconsist of:
a. elements of agency in charge of buildings and/or
plants;
b. elementsof central govemmentagency in charge
of Natiomilland Affairs;
c. elements of agency ln charge of lflnd and BuHding
Tax Services;
d. experts or persons experienced as landvalueap
praiser;
e. academics that are ableto appraise the land value
and/or buildings and/or plantsand/orother items
relatedto the land.
(;}) Members •....
(3) Members of the Land Value AssessmentTearn referred
to in paragraph (2), if needed, maybeadded from the
elements of People's OWn-lnitiative Institution.
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Committee of the Regency/Municipality for use asthe ba
sis of deliberation betweenthe government agency that
needs the land and the owners.
Paragraph 5
Assessment
Article27
The value of landaffected byconstruetiOqIor pub
lic interest shall be assessed by the Land Value Assess
mentInstitution or the Land Value Assessment Team.
Article28
(1) Thl:' value of land shall hE' <l<;<;es:';pd hy thp I ;:mrlValue
Assessment Tearn, if no Land Value Assessment Insti
tution referred to in Article26 isavailable.
(2) The land Value ~sessmentTeam referred to in para
graph (1) shall assess the valueof the landbased on
the Tax Object Sale Value (NJOP) or the real/actual
value with due obscrvoncc of the NJOPfor the current
year, andmay alsorefer to variables below:
a. siteand location of land;
b. status ofthe land;
c. land allocation;
d. justification onthe use of landwith theexistingarea
space layout plan or area space IJldllflirlY 1)1 city
plan;
e. available facilities andinfrastructure; and
f. other factors that attect the valueof the land.
Artide 29
Thevalueof buildings and/or plantsand/orother
itemsrelated to the landshallbeassessed by the Head of
Service Office/Office/Agency in the Regency/Municipality
in charge of building and/or plantsand/or other items re
lated to the land, in accordance with the standard value
stipulated in the statutoryregulation.
Article30
The result of assessment referred to in Article 28
andArticle 29 shall be handedoverto the LandProcurement
Paragraph 6
Deliberation
Artide31
(1) The Land Procurement Committee of the Regency/
Municipality shall decidethe place anddate of delib
eration by inviting the govcmment.agcncy thet needs
the land andthe ownersfor deliberation on:
a. the construction for public interestplan at the Ioca
t1on;and
b. the natureand/or amountof loss compensation.
(2) The i1witation referred to paragraph (1) musthave been
received by the government agency thatneeds the land
andthe ownersin three (3) daysat the latestprior to
the dateof the deliberation.
(3) Thenature of deliberation and/oramountof loss com
pensation shallbebased on;
a. agreement of the parties;
b. resultof the assessment referred to in Article 30;
and
c. deadline for settlement of the construction project .
Article32
(1) In principle deliberation shall be held directly and
jointlybetween the govemmentagency that needs the
land with the owners that havebeen registered in the
ratified Map and Li5t as referred to in Article 21.
(2) Deliberation shall be chaired by the Chairman of the
Land Procurement Committee of theRegencv/Munid
parity.
(3) If the Chairman of Land Procurement Committee of
the Regency/Municipality referred to in paragraph (2)
is absent, deliberation shall be chak'ed by the Vice
Chainnan.
(4) If the landand/or building, and/or plants and/orother
items related to the I and needed for the construction;
Business News 7731/10-31-2008 a. is •.ft· ...
a. isthe object ofdisputeat the court, then delibera
tion shallbeheldwith the litigating parties;
b. isjoint rightto ownership, deliberation shall be held
with all holdersof rights;
c. is bequeathed property, deliberationshallbe held
with theparties as governed in the statutory regu
lationconcerning bequeathed property.
Article 33
(1) If the total number of owners makes it impossible to
hold upfront deliberotion, jOintly end effectively, delib
eration maybeheld in phases.
(2) If duringthe upfront andjoint deliberation referredto
in Artide 32, paragraph (1) or phases as referredto in
paragraph(1) the owners are unable to attend, they
may represent other persons byvirtue of the Power of
Attorney drawn up by notary or privately drawn up
acknowledged by the Village Chief or official with
eouivalentlevel theretu and the Chiefof Suh-Distrkt.
(3) Theattorneyreferredto in paragraph (2), on behalfof
the grantor of power shall have the power to make
decision to submit proposel, opinion, desire, end to
acreptor reject the nature and/oramountof loss com
pensation, asexplicitlyset forth in the Powerof Attor
ney.
(4) To protect the owners, the attomey referred to in para
graph(3) maybegranted the poweronlyfrom one{1)
person.
Article34
Deliberation on the planfor constructon for public
interest at the location referredto in Artide 31, paragraph
(1), letter a shall be deemed to have reached consensus if
at least75% (seventy-five percent)of:
a. the areaof landneeded for construction hasbeen ob
tained; or
b. alltheowners have agreed tothe nature and/oramount
of losscompensation.
Business News7731/10-31-2008
25A
Article 35
(1) If in the deliberation for construction of publicinterest
at the location the total numberof ownersis less than
75% (seventy-percent), the land Procurement COm
mitteeof the RegencyjMunidpality shall propose to the
government agency that needs the land to move to
another location.
(2) If the constructioncannot be moved toanother loca
tion as specified the cntena rererred to in Article 39,
the Land Procurement Committee of the Regency/Mu
nicipalityshall proceedprocessing the land procure
ment
Article 36
The landownersthat have not agreed yet to the
natureand/or amountof losscompensation andthe total
numberis 25% (twenty-five percent)of the total number
of owners/area of land, the Land Procurement COmmittee
of the Regency/Municipality shallendeavor re-deliberation
until agreementhas been reached on the nature and/or
amountof losscompensation.
Article 37
(1) Deliberation to decide the nature and/or amount of
losscompensation shallbe heldwithina periodof 120
(one hundred twenty) calendar days effective as of
the dateof the invitation for the first deliberation with
respect to the locationfor construction that cannotbe
movedto anotherlocation whichcriteria isasset forthin Article39.
(2) If the location for construction cannot be moved by
means of space layout, the construction pJan that has
obtained approval of the communityas referred to in
Article 19,paragraph (3), letter andagreement on the
location for construction hasreached 75%(seventy-fivepercent) as referred to in Article 34, and the period
referred to in paragraph (1) hasexpired,the govern
mentagency that needs the landshall makeloss com
pensetlon paymentto the ownersand Minutes of Pay
mentof LossCompensation or Minutes of Offerfor loss
Compensation Payme,nt thereof shall be drawnup.
(3) If........
(3) If the owners still reject the paymentof loss compen
sation or refused to acceptthe offer for paymentof
loss compensation, after 120 (one hundred twenty)
days has elapsed the land Procurement Committee of
the Regency/Municipality shall draw up Minutes on
Payment of Loss Compensation.
(4) If the owners referred to in paragraph (3) stilt reject,
then based on the Minutes referredto in paragraphs
(2) and (3), the LandProcurement Committee of the
Regency/Municipality shall instruct the government
agency that needs the landto place in CUstody the loss
compensation moneyat the district court whichjuris
diction covers the location of the landfor the construe
tion.
Article38
TheLand Procurement Committee of the Regency/
Municipality shall draw up Minutes of Result of Dellbera
tion on the Location for Construttion for Public Interest
andDecide the Nature and/or Amountof Loss Comoensation signed byall members of the Land Procurement Corn
mittee of the R'?5JenCY/Munidpality, thegovernment ageilC)l
that n~Ms the land and the ownsrs.
Paragraph 7
Unmovable Location of Construction
Article39
Thelocation isunmovable bymeans of space lay
out technice I reeson for construction for public Interest to
anotherplace or location asreferred to in Article19,para
graph (4), letter b, Article 35, paragraph (2) and Article
37, pCUcl'yrcllJh (1), if;
a. based on historical, climatologist, geographically, geo
logically andtopograph lea lIyaspectis notavailable in
Other location;
b. moved to anotherlocation shall impose sacrifice, loss,
andgreaterexpenses or moresubstantial expenses;
c. the construction planis verymuchoeeoec aname l0
cation constitutes the best location compared toother
location or no other location isavailable; and/or
Business News 7731/10-31-2008
26A
d. not in such location may inflict disasterthat threatens
the securityandsafetyof the peopleat large.
Paragraph 8
Dedslon of land Procurement COmmittee of
the Regency/Municipality
Article40
(1) Based on the Minutes referred to in Article37, para
graphs (2) and (3) and Articfe 38, the Land Procure
mentCommittee of the Regency/Municipality shall is
suedecision on the natureand/oramountof loss com
pensation and Nominative Listof Loss Compensation
Payment.
(2) The Nominative Ust shall statethe names of the own
ers, the rights released or assigned, the areaof Iandl
bUilding, the total numberofplants, the natureand/or
amountof loss compensation received, the natureand
amount of loss compensation placed in custody, sig
natures of the owners and Project Management of the
qovernment eoencvj:hatneeds the land, andthe Land
Procurement COmmittee of the Regency/Municipality
as witnesses.
(3) The landProcurement Committee ofthe Regency/Mu
nicipalityshall submitthe decision referred to in para
graph (1) to the governmentagencythat needs the
land, with oopy to thp RP!Jent/M::lyor or Govemor if the
area is located within JakartaCapital CitySpecial Re
gion and the Head of Land Affairs Office of the Re
gency/Municipality.
(4) If the land required for construction belongs to the
governmentagency, decision on the stipulation of the
natureand/or amount of loss compensation shall be
made based onthe procedure asgoverned inthestatu
tory regulation on StateTreasury.
Artide 41
(1) Owners who object to the decision on the stipulated
nature alllJ{ur dll \Cluntof loss ccxnpen50tion tssued by
the Land Procurement Committee ofthe Regency/Mu
nicipalityreferredto in Article40, paragraph (1), may
file ..•.•
file objection to.theRegentjMayoror Governor or Min
lsterof HomeAffairsaccording to their respective au
thoritY supported by explanation on the causes and
reasons of objection within 14(fourteen) days.
(2) The Regent/mayor according to their respective au
thority shall make dpc~ionon ~ttlement of the objec
tion by the ownersreferred to inparagraph(1) within
30 (thirty) days.
(3) The Governor based on his euthority 3holl make deci
sion on theobjection c:L the owners reterred to in para
graph (1) in the landprocurement for public interest
within Jakarta capital City Specfal Regron or land pro
curementin two (2) or more regencies/municipalities
in one (1) province within 30 (thirty) days at the latest.
(4) The Minister of Home Affairs according tohisauthority
shall makedecision on settlementof the owners' ob
jection referred to in paragraph (1) if the land pro
QJrement for construction for pubHe interest in two (2)
or moreproyinres within30 (thirty) days at thelatest.
(5) The Regent/Mayor or Governor or Minister of HorneAffairsaccording to their respective authority prior to
makingdecision on settlementon the nature and/or
amountof IMS compensationmay request for consid
erationor opinion/desire of:
a. the ownersor their attorneys that file the objec-
tion;
b. the Land Procurement Committee of the Regency/
Municipality; and/or
c. government agency thallJt::eds Uldl'dnU.
(6) Decision of the Regent/Mayor or Governor or Minister
of Home Affairs that approved or amended the nature
and/or amountof loss compensation shall be submit
ted to the ownersthat file the objection, the govern
ment agency that needsthe land, and the land Pro
curement Committee of the Regency/Municipality.
(7) Decision of the Regent/Mayor or Governor or Minister
of Home Affairs referredto in paragraph (6) shall be
valid asthe basis for paymentof losscompensation to
the ownersthat file the objection.
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27A
Artide42
If the effort for settlement taken by the Regent!
Mayor or Governor or Minister OfHome Affairs isstill unac
ceptable to the ownersand the locationfor the construc
tion cannot be moved,the Regent/Mayor or Governor or
Minister of HomeAffairsaccording to their respective au
thority shall submit proposal for settlement by revoking
the rightsto landbased on law NO.20 Year 1961 concern
ingRevocation of RiQhts to land andItems ExistinQ on the
land.
Paragraph 9
Payment of LossCompensation
Article43
(1) The riQhtful partips to rPrpive 10<;<; mmpen<;ation ;m"~
a. the holders of rights to the landor therighlful par
ties inaccordance with the statutoryregulation; or
b. supervisor of bequeathed property.
(2) If the landbears the right to useor right to buildbuild
ing on the land bearing the right to ownership or the
land bearing the right to manage, the rightful person
to the loss compensation shallbe the holderof right toownership or holderof the rightto manage.
(3) The loss compensation for buik::lings ond/or plantsand/
or other itemS relatingto the landbearing the right to
useor land bearingthe right to usebuilding granted
on the land with right to owne~hipor lelllU Witll UI~
right to manage shall be granted to the owner of the
buildingand/or plants and/or other items relating to
me tano,
Article 44
(1) Based ondecision on thenatureand/oramountof lOSS
compensation referredto in Article40, paragraph (1)
or Article 41, paragraphs (6) and (7), the LandPro
curement Committee of Regency/Municipality shall in
struct the govemmentagency that needs the landto
make paymentof loss compensation tothe rightful party
to theloss compensation referred to in Article 43within
a periOd of:
a.. Wfthin......
a. within 60 (Sixty)days at the latest asof tile date
the decision ismade if the nature of loss compen
sation i~ in th~ futm ofmon~;or
b. as agreed upon by the ownersandthe government
agencythat needs the land if the loss compensa
tion is in the form oth~thanmoney_
(2] If the loss compensation is granted in the form of
moneyas referred to in paragr:aph (1), letter a, the
land Pl'tlOJrement Committee of the Regency/Munici
pality shall invite the rightful parties to the loss com
pensation to receivethe Joss compensation in accor
dance with what has been agreed upon, at specified
the time andat theplace.
(3) The invitation to receive the loss compensation money
referredto in paragraph (2) must have been receiv@d
by the rightful partywithin three (3) days at the latest
prior to the dateof paymentof loss compensation.
Artide45
The loss compensation in the form other than
money as referred to in Article 44, paragraph (1); letter b
shall be granted in the tonn of:
a. landand/or buildingas replacement or re-residential,
as desired by the owncl"'5 and agreed upon by the gov
ernmentagency that needs the land;
b. The landand/or buildingand/or otherfacilities having
the value of at least equivalent with the bequeathed
propertybeingreleased, for bequeathed property;
c. Recognition in the form of constructionfor publicfa
cilities or other form that are useful for the welfare of
the local community, for customaryland; or
d. In accordance with decision 'Of the authorized offICials
for lend beklnging to the government Qgency or re
gionalgovernment.
Artide16
(1) Loss compensation in thefann of money, shall be paid
directlyby the governmentageocy that needs thelandto the parties concerned as referred to in Artide ~3,
witnessed bythe Land Procurement Committee of the
Regency/Municipality.
Business News 7731/10-31-2008
28A
(2) Ifthe party havingthe right to 105S compensation au
thorizesother person, a Powerof Attorneyto receive
such log; compem;ation "hall·be drawn up in notary
deed witnessed by two (2) witnesses or for remote
area the powerofattorney shall be drawn up in writ
iog and acknowledged by the Village Chief or the same
IeveJ thereofand the Sub-District Chief.
(3) To protectthe interest of the rightfulparty to loss corn
pen5ation, the authorized person may only reccive
poweronly fur one (1) personhavingthe right to loss
compensation.
Artide47
(1) After receiving the invitation referred to in Article44,
paragraph (2), If the party tldving Ull~ riyhL to~ com
pensation isabsent, the Land Procurement Committee
of Regency/Municipality shall re-invite the party con
cerned to receive payment or loss compensation at
stipulatedtime.
(2) If the partyhaving the right to losscompensation after
having beenappropriately invited tor three (3) times
but is still absent, it shall beodeemed to havenoobjec
tion to the loss compensation asagreedupon.
(3) In the case of such absence of the rightful person re
ferred to in paragraph (2) is due to sickness, natural
disaster, or by force situation, then the government
agency thatneeds the landtogetherwiththe land Pro
curement COmmittee of Regency/Municipality shall de
liverthe losscompensation directlytothe place where
the ownersarestaying.
Paragraph 10
Depositing Loss Compensation
Artide48
(1) The Land Procurement Committee of Regency/Munid
palityshall instructthegovemmentagency that needs
the land for deposit the losscompensation moneyat
the districtcourt whichjurisdictioncovers the location
of the landfor construction if:
a.eXistence. • . ~ ...
a. existence of the rightful person to the 1055 com
pensation referred to in Article 43, paragraph (1)
is unknown;
b. theland,building, plants and/orother itemsinvolv
ing the land are objects of a case at the court
wherebyno court judgment having flnal power is
made yet;
c. it is still in dispute by the owners and no settle
mentagreementfrom the parties is reached yet;
d. the land, building, plants and/orother itemsinvolv
ingthe landare placed undersequestration bvthe
competent authority.
(2) To depositthe loss compensation moneyreferred to
in paragraph (1) and Article 37, paragraph (4), the
government agency that needs that landshall submit
application fordecision to theChairman ofDistrict Court
wfnrh jOrlsdldlbTl rb\fpro:; thp location of thp land for
construction.
(3) AppTfcation R>r dedsronfor deposit as referred to in
pa~apl'l{2~, dWlcomplQtQ:
a. tire name-I(}( die- rightft:d..per.;oo to the loss com
pensatioo 'Whomthe-JOSS'('£)J1~J)6!Dliation is depositad;
b. invitation to receive payment of Joss oompensation
referred min Article44J paragraDh (2); and
c. correspondences:
1) Minutes of Delivery of loss Compensation re
ferred to in Article 37, paragraph (2) or para
graph (3);
1) Minute!. ofthe-ResultofDeKberatfon on the lo
cation of Construction for Public interest and
DlG6101lonW1eNatlJl.'e attd,A11lllllIl1tof,Losscom
pieDSI!ltlon referred'to inArtide 38..
3) Dedsionof the RegefltfMayQf or Governor or
MW'>t@r of Home Affairs referred to in Article
41, paragraphs (2), (31 (4) and (7);
4) Remarks andlegal reason for depos1ting tbe loss
compensation; and
5) Othercorrespondences relatingto the deposit
ofloss compensation.
Business News 7731/10-31-2008
29A
Paragraph 11
Release of Right
Article49
Simultaneously with paymentand receiptof loss
compensation in the form of moneyas.referred to in Ar
ticle 44, paragraph (1), letter a:
a. the government agency that needs the landshallpre
pare form of receipt ofpayment of loss compensation;
b. the rightful party to losscompensation shall prepare
statement letterof release/acquittal of the rightto land
or deliveryof the land and/or buildingand/or plants
and/or other itemsthat involve the land;
c. the Land Procurement Committee of Regency/Munici
pality shall draw upMinutes of Payment of loss Com
pensation and Rel~se of Rightto Land or Delivery of
land.
Article50
(1) If the loss compensation in the formotherthan money,then ifthe rightful parties to loss compensation have
signed the agreementreferred to in Article44, para
graph(1), letter band Artide 45, shall be followed by
signing of statement letter of release/acquittal of the
right to land or delivery of the land and/or building
and/orplantsand/orother items relating to the landin
the interestof the governmentagency that needs the
land.
(2) If the that is needed for construction for public interest
is bequeathed property, then the right to the land in
the interestof the new govemmentagency that needs
the land maybereleased/acquittal afterobtaining writ
tenapproval of thecompetent OfI'idals or Institution in
accordance with the provisions inthe statutoryregula
tion concerning bequeath.
Att-fdQ 51
(1) Atprepaoogtne stiltellnent letter of release/acquittal
of the right to land ordelivery of land, the rightfulpartyI'D loss com,aensation.shall be obliged to deliver the
orjginaldocumentto the Land procurementCommit
tee of Regency/Municipality, in the form of:
1k certificate " . .,~
a. certifICate of right to landand/or original document
of ownership and control of the land;
b. other deedsof legalacts relating to the landcon
cerned;
c. other deeds relatingto the landconcerned;
d. StatementLetter acknowledged by the local Vil
lageChiefor mstJu»ent of the samelevelstating
that the landletaled to In lettera isthe true own
ershipof the part¥ concerned.
(2) IfnooriQinal documentreferredID In paragraoh (1) is
not available or is lost, the rightful party to loss com
pensation shallbe obrtged to attach:
3. Statement Letter from the local Police; ;;lf1d/or
b. Minutes of drawn up underOath prepared before
the headof land Affairs Agency of Regency/Mu
nicipalitytor regiStered land; and/or
c. StatementLetter stating that the land belongs to
theparties and is not being in dispute as acknowl
edged by the local Village Chief or other instru
ment of the samelevel.
(3) The rightful parties to loss compensation shallbe re
sponsible for all losses and legal claims against the
dooJmentauthentldtyas IeferTecI to in paragraphs (1)
and (2).
Article52
tsased onStatement Letterof release/acqUittal of
the right to land or deliVery of the land referred to in Ar
ticle- 49, Artide 50 and/or Judgmentof District Court as
referred to in Article48:
a. the Head of Land AffairsOfficeof Regency/Municipal
ity shall record the retease andacquittalof right to the
landbeingreleased or delivered in the land book,cer
tificate, and general registerof other registrations of
land;
b. if the land being delivered is not bearing certificate
yet, the original documents of the land concerned
shall be recordeduy the Headortano Affairs ornce
Business News 7731/10-31-2008
30A
of Regency/Municipality stating that the right to the
land nasbeen delivered to or released for rewrdlng In
the land Register;
c. if the land being delivered is not bearing certificate
yet, this shallbe recorded in the administration books
of the Village Chief office by stating: "the right to
the land concerned has been delivered to the Gov
ernment/Regional Governmentfor Construction for
Public Interest".
Paragraph 12
Costs
Artide 53
(1) All fees for land procurementshallbe charged to the
governmentagency that needs the land consisting of:
a. land measuring and mapping;
b. paymentof losscompensation tothe owners;
c. National ancl/or Provindal and/or Regency/Munici
pality land ProcurementCommittee;
d. Land Value Assessment InstitUtion/Team;
e. Administration of the right to landup tothe issue of
certifiCate;
f. Def>Osit of losscompensation if needed;
g. Separation from the remaining portion otthe own
ers'land;
h. In the context: of management, coordination, con
sultation, evaluation, supervision andsettlementof
issues; and
I, others as required In support Of the duty of Na
tional,Provincial and/or Regency/Municipality land
Procurement Committee.
(2) The amount of LandProcurement Committeefee re
ferredto in paragraph(1), letterc, based on the pro
vision d"ipulalP.d by the Minister of Rnance referred to
inArticle 7Aof Presidential Regulation No.36 Year 2005
as amended by Presidential Regulation No.65 Year
2006.
PartTwo ....
PartTwo
For land with Area less than
one (1) hectare (small scale)
Artide54
Landfor~fu,-pllblici~whicha~
is less than one(1) hectare, shallbe procured directly by
sateandpurmase, trade, orothermeans agreed upon by
the parties withotJt assistanoe of land Proa.lrement Com
mitteeof Regency/Municipality or with assistance of land
Procurement committee of Regency/Municipality.
Artide 55
Direct.procurement of land referred to in Art:ide
54 shallamducte:l according to the statusof landto be
released or deJivered tothegovernment agency tnetneeds
the land.
Artide56
(1) If the land being released bears certificate, then re
leased/ar;quitt31 of right to landshaD be ronducted by
the holder of right to the land by issuing statement
letter of release/i'!01uittal of right to tile land in th~
interestcKthegovemmentagencythat needs the land,
andthe~agerx.yoonremed shall gmnt loss
oompensation to the holder of right to the 'and.
(2) The reteaseJacquittaI of right to land referred to in
paragraph (1) shall be implemented by the parties
before the Head of Land Affairs Agency of Regency!
Munidpality, or the Land Deed Officials, or the Sub
DistrictOliefactingas the Land DeedOffICials.
(3) Grant: ctloss compensation by the government agency
that needs tile land to the holders of rights to land
which right to land has been released/8Clluittai based
on dellbeJation asreferred eo in AItide 59.
ArticIeS7
(1) If the landbeingcletivered to the govemmentagency
bearsnocertificate yet, then deliveryof the landshall
he p.xeclIted by the land owners against statementof
Business Newsn31/10-31-2008
JiA
deliveryof ownership of land in the interest of tire
governmentagency that needs the land,and the gov
ernmentageocy concerned shallgrant loss compen
sationto the landowners.
(2) Delivery of landreferred to in paragraph (1) shall bf>
executed by the partiesbeforethe Head of Land Af
fairs Agency tJ Regency/Municipality.
(3) Grant of los<; com~nXltion by government~cy that
needs the land to the land owners that have deliVered
their land shaN beconducted by deliberation as re
ferred to in Article 59.
Article58
(1) If the holder of right to land or the rightful party based
on the statutoryregulation isdifferentfromthe owner
cl the bUilding and/orownerof theplants and/orowner
ofthe other items illVOlvifig the land, then t.hI:! loss UJIll
pensation by the government agency that needs the
landshall be grantedto the holderof right or the right
ful party based on the statutory regulatiOn, and/or me
ownerof the building and/or ownerof the plants and/
or owner rt the plants andjor owner of the other itemsbeingreleased to the government agency concerned.
(2) Decision of the natureand/oramountof loss compen
sationfor thebuilding andlor pfants and/orother items
involving the land Shall be made by deliberation be
tween the governmentagency thatneeds theland and
the ownerconcerned andshall be gUided by the provi
sion in the statutory regulation that governs the price
standard concerned.
Artide59
(1) The nature and/or amount of loss compensation for
direct landprocurement shaltbe decided by delibera
tion between thegovernmentagency that needs the
land and the owner.
0.) The deliberation referred to in paraqraph r1) maybe
guided by the NJOP or the real/actual valuewith due
observance of thecurrentyearNJOP around the loca
tion.
Article 60 ..•..
Article 60
If the li:lnd procurement referred to in Artide 54
uses assistance of the Land Procurement Committee of
Regency/Munidpality, thelandshall be procured by means
of the land procurement as governed in Chapter IV Part
Oneof this Regulation.
CHAPTER V
lAND PROCUREMENT OTHERn-1AN
FOR CONSTRUCTION FOR PUBUC INTEREST
Article 61
(l) Procurement of land other than for construction for
public interest as referred to in Article 2, paragraph
(2), in conjunction with Article22ofPresidential Regu
lation No.36 Year 2005 as; amended by Presidential
Regulation No.6S Year2006, such as procurement of
landfor construction in the interestof the government
i:lgency, owned by the government or regional govern
ment, shall be conducted directlyby sale andpurchase,
trade,or other means asagreedupon bythe parties.
(L) it the procurement of land referred to in paragraph
(1) is not using assistance of the Land Procurement
Committee of Regency/Municipality, then the proce
durethereofshall alsoapplythe provision in Article 55
throughArticle59.
(3) If the procurement of land referred to in paragraph
(1) uses assistance of the Land Procurement Commit
teeof Regency/Municipality, then procurement of the
land thereofshallusethe procedure for procurement
of land as governed in Chapter IV Part One of this
Regulation.
Article62
If in the procurement of landreferred to in Artide
61 noagreement isreached on the natureand/or amount
of losscompensation, the governmentagency that needs
the landshall lookfor other location.
Businc--"s News 7731/10~31-2008
32A
CHAPTER VI
ADMINSITRATION OF RIGHTTO LAND
Article63
(1) In the contextof procurementof landasgoverned in
Chapter IVandArticle61,the Land Procurement Com
mittee of Regency/Municipality shall exercise documen
tation of the land procurementfor each plot of land,
consisting of:
a. proposal on construction plan;
b. resolution on decision of the location;
c. map of the plot of land, List of Land Owners, and
List of Buildings OWnership and/or plantsand/or
other itemslnvolvinq the land;
d. announcement of the map of plot of land, list of
holders of right to the landor the rightful parties in
accordance with the statutory regulatioll, and Ii~t
of Buildings Owners and/or plants and/or other
items involVing the land;
e. decision on the nature end/or-amount of loss com
pensation andListof NominativeLoss Compensa
tion Payment;
f. Invitationletters tor dellbelCltion;
g. Minutes on the resultof Deliberation on the Loca
tion of Construction;
h. Proofof payment and receipt of loss compensa
tion;
l, Proofof depositof loss compensation money at the
DistrictCOurt;
j. Statementof release/delivery of the right to land;
k. Minutes of Loss Compensation Payment;
I. Documents of ownership,control, useand utiliza
tion of landinvolvingthe land; and
m. Otherrelated documents.
(2) TheLand Procurement Committee of Regency/Munio
pality shall prepare Minutes ofLand Procurement Implementation by attachinq the documents reFPrrf>d to in
paragraph (1), anddeliver to:
a. thegovernmentagency that needs the land, in the
form oforiginol document;
b the ".
b. the Land AffairsOfficeof Regency/Municipality, in
the form of record of the original document legal
ized by the rompetent authority;
C. the masteragency that needs the landin the form
of record of the originaldocument legalized by thecompetent authority;
d. the Regent/Mayor or Governor for land within the
Jakarta Capital City Special Region inthe fonn of
recordof original document legalized by the com
petent authority.
Artide64
The Governmentagency that needs the land shall
be responsible for:
a. securityand shall maintain the document file on the
landprocurement; and
b. control, safeguard, and maintain the landthat has beenobtained/paid its loss compensation.
33A
Q-lAPTERVIT
IMPLEMENTATION OFPHYSICAL CONSTRUCTION
Article 67
(1) Physical construction on the locationobtained by the
government agency tMr rtf"Pd<; the land, shaH cam
rnence after release/delivery of the right to landand/
or deliveryof the bUilding and/ordeliveryofthe plants
referred to in Artide 49 and ArbCIe 50, or the lOSS
compensation moneylefell ed to inArticle 48 hasbeen
deposited.
(2) If the loss compensation to the rightful partiesto the
loss compensation is deposited at the District COurt,
the Reg6ntjMayor orGovemor for aA!a located within
the Jakarta capital CitySpecial Region shallissuede
cision to carryonthe physical construction.
Article65
(1) Minutes of Payment of Loss COmpensation and Min
utes of the Result of Deliberation on the Location of
rlln~1Ctkvl:'lnri T'lPdo:;inn on thl:> Nature ;uvijnr Amount
of Loss Compensation shallalsoapplyasgrantof con
trol from the holderof right to land to the government
agency that naeds the land to release/deliver the right
to land or deliver the land to be the land under the
State directcontrol.
(2) Appliootion for the right to the State land referred to
in paragraph (1) latershall be submitted with the right
to the land that may be granted to the government
agency that needsthe 1lJnd.
ArtJde66
The application tor righllu Idnd rderreLI to in Ar~
tide 65,paragraph(2), shall be submittedbythe govern
ment agency that needs the land to the Head of Land At·
fairs Agencyot Kegency/MunlopalJty to process the right
to land in accordance with the provision in the statutory
regulation.
~News_ml/1O--31-2008
Q-fAPTERVUI
EVALUATION AND SUPERVISION
Article68
(1) The Head of Land Affairs Agency OfficeeX Regencyl
MwIk.if.Jdlity she'" pruvide tedmil:af guidm1ce on the lelnd
procurementin its area.
(2) The Head of LandAffairs Agency Officeof Regencyl
Municipality shallsubmitreportonthe procurement of
land in its areato the Head of National Provincial Land
Af'f.::Iiro; Agency Of'fic£! mch quarter in the currentyear.
(3) The Head of National Provindal Land Affairs Agency
Office shallprepare reporton the procurementof land
in its area to tile Head OfNatfOnal Land Atrairs Agency
of the Republic of Indonesia each semester in the OJr
rent year.
Artide69
The Head of National ProvincialLand Afu:lirs Asynry
Offic:e shall guide, manage, provide technical guidance and
evatuate the procurement of land in itSarea.
DlAPJERJX •••••
CHAPTER IX
TRANSmONAl PROVISION
Artide70
If no provision on the fee for land procurement
dulY stlpUIated roy me MinISter of Finance Is not avallClble
yet as referred to in Article 7Aof Presidential Regulation
No.36 Year2005 as amended by Presidential Regulation
No.65Year2006, chargeortee:a. the Land Procurement Committee shall be gUided by
the provision inthe statutory regulation;
b. the LandValue Assessment Institution shall be gUided
by theprovision in the statutory regulation onassess
t1Ient service;c. the Land Value Assessment Teamshall beguidedby
the provts.ion Inthe statutory regulatlor..
Article 71
(1) Procurement of landfor construction for public inter
est as referred to in Artide 5 of Presidential Regula
tion No.36Year2005 implemented prior to Presiden
tial Regulation No.65 Year2006 comes to force shan
remain be governed bV the old regulation.
(~) Procurement of land referred to in paragraph (1) that
has not obtained agreement on the nature and/or
amount of loss compensatiOn may proceed in accor
dancewith this regulation.
34A
(2) Anyissue arisingafter expiry oftne land procurement
shallnot hamperthe phvsicaIconstruction referred to
in Article67.
(3) The natureand follow-up action for settlementof the
issue referred to in paragraph (2) shall be in accor
dance withthe content of judgmentof settlement.
Article 73
settlement of control or useof land without per
mit from the rightful parties or their attorneys, shall be
9oV'~med ba!'Pd O('lthP provision ill law No.51 Prp. Year
1960 concerning Prohibition from Using the Land Without
Pennit from the RightfulParties or their Attorneys.
Artide 74
With this regulation comes into force, Regulation
of the State Minister of Agrarian J\ffairs/Head of National
Land AffairsAgency No.1 Year1994, concerning Provision
on the Implementationof Presidential Decree No.55Year
1993, concernlnq Procurement of lnnd for Construction
for Public Interest, is herebydeclared nullandvoid.
Article 75
This Regulation shall take effect on the
date it is stipulated.
CHAPTER X
nOSING PROVISION
Article 72
(') ThE" duty and respom;ibility of the land Procurement
Committee of Regency/Municipality shallexpireafter
delivery of the document to thegovemment agency
that needs; the land referrPd to in Artfcle 63, para...
graph {2}.
Business New~ 7731/10-31-2008
Stipu~tedinJakarta
OnMay21, ZOO7
HEAD OF NATIONAL LAND AFFAIRS AGENCY
OFl'HEREPUBUC OFINDONESIA
Sgd.
JOYO WINOTO, Ph.D.
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