PRESIDENTIAL REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 36 YEAR 2005 REGARDING

Similar documents
PRESIDENTIAL REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 65 YEAR 2006 REGARDING

REGULATION OF HEAD OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 3 YEAR 2007 REGARDING

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA. NUMBER 38 of 2008 REGARDING

BY THE GRACE OF GOD ALMIGHTY MINISTER OF ENERGY AND MINERAL RESOURCES

A DECREE OF THE MINISTER OF FINANCE NUMBER 57/KMK.017/1996 CONCERNING APPRAISALS

DECISION OF MINISTER OF PUBLIC HOUSING NO. : 11/KPTS/1994 CONCERNING MANUAL FOR TRANSACTION OBLIGATION OF APARTMENT UNIT MINISTER OF PUBLIC HOUSING,

Government Emergency Ordinance No. 54/2006 on the regime of the concession contracts for public assets ( GEO No. 54/2006 );

Kingdom of Cambodia Nation Religion King

Decree on State Land Lease or Concession

TOWN OF REDCLIFF BYLAW NO. 1829/2016

PROCEDURE OF ISSUING INDUSTRIAL ESTATE PERMITS AND INDUSTRIAL ESTATE EXPANSION PERMITS

Republika e Kosovës Republika Kosovo - Republic of Kosovo Kuvendi - Skupština - Assembly

THE CORPORATION OF THE TOWNSHIPSHIP OF McNAB/BRAESIDE BY-LAW NO

Instruction As regards the implementation of decree on state-owned land approval for lease or concession

IIF: ENVIRONMENTAL AND SOCIAL SAFEGUARDS FRAMEWORK (ESSF) 1

REPUBLIC OF SOUTH AFRICA

Regulation Reform on Land Procurement for the Development of Public Interest

Planning Act. Chapter 1 General provisions. Passed In force from: In force until: Translation published:

HELLENIC REPUBLIC ASSET DEVELOPMENT FUND SA. 1 Kolokotroni & Stadiou Str., , Athens, Greece. Athens, May 13th, 2013

Treaty Claims Settlement Acts General Guideline

CIRCULAR On strategic environmental assessment, environmental impact assessment, and environmental protection plans (*)

LAW ON ALLOCATION OF LAND TO MONGOLIAN CITIZENS FOR OWNERSHIP

Minister s Function under the Public Works Act 1981

Revised translation by legal affairs Department CIB/CDC

Kazakhstan Decree on Mortgage of Immovable Property (adopted on 23 December 1995; entered into force on 1 January 1996) Important Disclaimer

LAW ON LICENSED APPRAISERS ON THE REAL ESTATE VALUE

Draft Condominium Law

CALL FOR BINDING BIDS TO PURCHASE CLAIMS

Valuation for Compulsory Land Acquisition for Public Use. Okky Danuza Indonesian Society of Appraisers (MAPPI)

Condominium Ownership Management Act

Pursuant to Article 88, item 3 of the Constitution of Montenegro, I hereby pass the DECREE PROMULGATING THE LAW ON STATE PROPERTY

Department of Defense INSTRUCTION

The Practice of Cooperation with Build, Operate & Transfer (BOT) Model in Indonesia

Farmland Law. (Pyidaungsu Hluttaw Law No.ll of 2012) (30th March, 2012) CHAPTER I. NAME, ENFORCEMENT AND DEFINITIONS

CALL FOR BIDS TO PURCHASE CLAIMS

LAND READJUSTMENT ACT B.E BHUMIBOL ADULYADEJ, REX., Given on the 11th day of December B.E. 2547, Being the 59th Year of the Present Reign.

General Conditions of Sale

ENCROACHMENT AGREEMENT

Law on Expropriation

FIG/FAO International Seminar on State and Public Land Management

The Bill is called the Land Acquisition, Rehabilitation and Resettlement Act, 2011

GUIDANCE IFOR TECHNICAL LAND CONSIDERATIONS FOR THE ISSUANCE OF LOCATION PRTMITS,

Impact of amendment to Act No 330/1991 Coll. on exercising ownership rights

WHEREAS, on January 6, 2005, the Developer of Willow Creek subdivision filed Declaration of Covenants and Restrictions to govern the lots of Phase 4;

LAND LAW AND SURVEY REGULATION (SGHU 3313)

Scheme of Service. for. Housing Officers

SAMPLE ESCROW AGREEMENT APPLICATION SOFTWARE SOURCES CODE., (hereinafter Escrow Agent ) whose main office. is located at,, and,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COMMERCE, TEXAS:

THE KIAMBU COUNTY VALUATION AND RATING BILL, 2015 ARRANGEMENT OF CLAUSES PART I PRELIMINARY PART II ADMINISTRATION PART III- VALUATION

Legislative Brief The Land Acquisition, Rehabilitation and Resettlement Bill, 2011

On the Rights of Landowners to Compensation for Restrictions on Economic Activities in Specially Protected Nature Territories and Microreserves

2011 Farmland Bill. The Union Government of the Republic of the Union of Myanmar Farmland Law

Rural Development and Land Reform, Department of/ Landelike Ontwikkeling en Grondhervorming, Departement van

State of Palestine Decree Law No (6) of 2014 On Financial Leasing. President of the Palestinian National Authority

Townships and Division of Land Ordinance 11 of 1963 (OG 2487) came into force on date of publication: 28 June 1963

Current Law Legislation for Land Consolidation in Turkey

CROSSRAIL INFORMATION PAPER C10 - LAND DISPOSAL POLICY

Minerals and Mining (Compensation And Resettlement) Regulations, 2012 (L.I. 2175)

Land Cadastre Act. Chapter 1. Passed RT I 1994, 74, 1324 Entry into force (except 3 which entered into force on 1.01.

CHAPTER 106. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

NAIROBI CITY COUNTY GAZETTE SUPPLEMENT

LAW OF MONGOLIA ON MINERALS (REVISED) July 8, CHAPTER ONE General provisions

Mini-Thesis Siam University (International Master of Business Administration), Bangkok, Thailand 2015 CHAPTER IV

Resettlement Policy Framework

28E AGREEMENT FOR SCHOOL RESOURCE OFFICER PROGRAM BETWEEN THE COLLEGE COMMUNITY SCHOOL DISTRICT AND THE CITY OF CEDAR RAPIDS

THE GOVERNMENT. THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness. No. 84/2007/NĐ-CP. Hanoi, May 25, 2007

On Land Privatisation in Rural Areas

THE RULES FOR THE CERTIFICATES OF ORIGIN REGISTER

THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY BY-LAW 2016-

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED NOVEMBER 26, 2018

BOT Notification No (1 September 2017)-check

SUBSCRIPTION ESCROW AGREEMENT (PRIVATE PLACEMENT)

Government Gazette REPUBLIC OF SOUTH AFRICA

TITLE: ON THE PROTECTION OF ANTIQUITIES AND CULTURAL HERITAGE IN GENERAL.

Is The Amount of Compensation for Real Estate Expropriation Just? Current State and Proposals for Changes

CITY AND COUNTY OF BROOMFIELD SUBDIVISION IMPROVEMENT AGREEMENT FOR (PROPERTY NAME - ALL CAPS)

RECITALS. WHEREAS, the GMA requires counties to adopt county-wide planning policies in cooperation with cities within the County; and

TIMOR-LESTE EXPROPRIATIONS LEGAL FRAMEWORK APPROVED

ENACTMENT AND EXECUTION OF THE PRELIMINARY AGREEMENT BETWEEN NT VALDOS UAB AND KARALIENĖS MORTOS MOKYKLA UAB ON 11 SEPTEMBER 2015

INTERNATIONAL PERSONS LANDHOLDING CHAPTER 140 INTERNATIONAL PERSONS LANDHOLDING ARRANGEMENT OF SECTIONS

AMENDED AND RESTATED ARTICLES OF INCORPORATION OF LIBERTY PIPE LINE CO

TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT

CHAPTER I INTRODUCTION. Since The Basic Law of Agrarian Affairs was issued in 1960, the

LAND ACQUISITION AND RESETTLEMENT POLICY FRAMEWORK (LARPF)

Vietnam Land Administration - the Past, Recent and for the Future

ECONOMY, JOBS AND FAIR WORK COMMITTEE AGENDA. 4th Meeting, 2018 (Session 5) Tuesday 30 January 2018

the goods shall be the items and/or services stated in the purchase order by the Buyer,

BEING A BYLAW OF THE CITY OF CALGARY RESPECTING CONNECTIONS TO CITY UTILITY SYSTEMS

ARTICLES CLASSIFICATION

ON IMMOVABLE PROPERTY REGISTRATION. Pursuant to Articles 78 and 83 paragraph 1 of the Constitution, on proposal by the Council of Ministers,

IN GENERAL ASSEMBLY JANUARY SESSION, A.D A N A C T RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND MANAGEMENT CORPORATION

Basic Q&A on the Magna Carta for Homeowners and Homeowners Association

LAW ON FINANCIAL LEASING I GENERAL PROVISIONS

DEED OF SETTLEMENT SCHEDULE: LEGISLATIVE MATTERS

Companies Act 2006 COMPANY HAVING A SHARE CAPITAL. Memorandum of Association of. PM SPV [XX] Limited

Location of Provisions in Ch. 160A and Ch. 153A in Proposed Ch. 160D

DECREE GENERAL PROVISIONS DETAILED REGULATIONS ON COMPENSATION, SUPPORT, AND RESETTLEMENT UPON LAND EXPROPRIATION BY THE STATE

CITY COUNCIL TRANSMITTAL

Adopted by the State Duma on June 26, 2002 Endorsed by the Council of Federation on July 10, Chapter I. General Provisions

Bosnia and Herzegovina Framework Pledge Law

Transcription:

PRESIDENTIAL REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 36 YEAR 2005 REGARDING LAND PROCUREMENT FOR THE IMPLEMENTATION OF THE DEVELOPMENT FOR PUBLIC INTEREST BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA Considering : a. whereas to the increase in development of public interest which requires land, the procurement thereof needs to be carried out speedily and transparently by consistently consider the principles of honor towards the legal rights on land; b. whereas procurement of land for the implementation of development for public interest as stipulated in Presidential Decree Number 55 of 1993 is no longer suitable as legal foundation in the frame of implementation of the development for public interest; c. whereas based on considerations in letters a and b, it is deemed necessary to establish Presidential Regulation regarding Land Procurement For Implementation of the Development For Public Interest; In view of : 1. Article 4 paragraph (1) of the 1945 Constitutional of the Republic of Indonesia; 2. Law Number 5 of 1960 regarding Basic Regulation on Agrarian Principles (State Gazette of the Republic of Indonesia of 1960 Number 104, Supplement of State Gazette of the Republic of Indonesia Number 2043); 3. Law Number 51 Prp. of 1960 regarding Prohibition to Use Land Without Permission from Rightful Owner or Owner s Proxy (State Gazette of the Republic of Indonesia of 1960 Number 158, Supplement of State Gazette of the Republic of Indonesia Number 2106); 4. Law Number 20 of 1961 regarding Revocation of Rights Over Land and the Goods Above the Land (State Gazette of the Republic of Indonesia of 1961 Number 283, Supplement of State Gazette of the Republic of Indonesia Number 2324);

5. Law Number 24 of 1992 regarding Spatial Structuring (State Gazette of the Republic of Indonesia of 1992 Number 115, Supplement of State Gazette of the Republic of Indonesia Number 3501); HAS DECIDED To establish : PRESIDENTIAL REGULATION REGARDING LAND PROCUREMENT FOR THE IMPLEMENTATION OF DEVELOPMENT FOR PUBLIC INTEREST. CHAPTER I GENERAL PROVISIONS Article 1 The following expressions used in this Presidential Regulation shall have the following meaning: 1. Central government hereinafter referred to as the Government means the President of the Republic of Indonesia who holds power over government of the State of the Republic of Indonesia as referred to in the 1945 Constitutional of the Republic of Indonesia. 2. Regional government means Governor, Chief of District (Bupati), or Mayor and regional apparatus as elements of regional government administration. 3. Land procurement means every activity to procure land by method of providing indemnification to those disposing or assigning land, building, plants and objects related to land or by revocation of rights over land. 4. Regional Spatial Plan means the result of regional spatial planning. 5. Public interest means the interests of the majority of the people. 6. Disposal or assignment of rights over land means any activities of divestment of legal relationship between holders of rights over land and the land under their control by providing indemnification on the basis of deliberation. 7. Parties disposing or assigning land, building and other objects related to land means individuals, legal entities, institutions, business units with rights over land and/or buildings as well as plants on such land. 8. Right over land means right on a plot of land as stipulated in Law Number 5 of 1960 regarding Basic Regulation on Agrarian Principles.

9. Land Procurement Committee means a committee formed to assist in Land Procurement for the implementation of development for public interest. 10. Deliberation means any activities, which include the process of listening to each other, providing and accepting opinions, as well as intention to achieve mutual agreement on the form and amount of indemnification and other issues related to the activities of land procurement through voluntary and equal basis between the parties who own land, building, plants and other objects related to land and the parties needing the land. 11. Damages means repayment of losses of both physical or non-physical nature caused by land procurement to owners of land, building, plants and/or other objects related to land that could provide better standard of living compare to level of social economy prior to land procurement. 12. Appraisal Institutions/Teams means any professional and independent institutional/teams to determine value/price of land to be used as basis to reach mutual consensus on the amount/range of indemnification. CHAPTER II LAND PROCUREMENT Article 2 (1) Land procurement for the implementation of development for public interest by the Government or Regional Government is conducted in the following manner: a. release or assigning right over land; or b. revocation of right over land. (2) Land procurement other than for the implementation of development for public interest by the Government or Regional Government shall be done by method of sale purchase, exchange or other method voluntary and mutually agreed upon by the relevant parties. Article 3 1) The disposal or assignment of right over land as referred to in Article 2 paragraph (1) shall be conducted based on the principle of honor towards right on land. 2) The revocation of right over land as referred to in Article 2 letter b shall be conducted based on provisions of Law Number 20 of 1961 regarding Revocation of Rights over Land And Any Objects Thereon. Article 4

(1) Procurement and the plan for the fulfillment of necessity of land needed for the implementation of development for public interest may only be carried out if it is based on the Regional Spatial Plan that has already been determined beforehand. (2) For regions that have not determined their Regional Spatial Plan, the land procurement as referred to in paragraph (1) shall be based on regional spatial or city plan that has already exist. (3) If the land has been determined as location for implementation of the development for public interest is based on letter of decision on determination of location decided by the District Head/Mayor or Governor, then for those who wish to conduct purchase of such land, must first have written approval from the District Head/Mayor or Governor in accordance with their authorities. Article 5 Development for public interest carried out by the Government or Regional Government shall cover: a. public roads, toll roads, train tracks (on land, above land or underground), drinking water/fresh water pipelining, waste disposal and sanitation; b. reservoirs, dams, irrigation and other water construction development; c. general hospitals and community health centers; d. sea ports, airports, railway stations and terminals; e. religious facilities; f. education or schools; g. general markets; h. public cemetery facilities; i. public safety facilities; j. postal and telecommunications; k. sports facilities; l. radio broadcasting station, television stations and their supporting facilities; m. Government offices, regional government offices, foreign country representatives, United Nations, and/or international institutions under United Nations; n. facilities for the Indonesian National Armed Forces and the Indonesian Police in accordance with their principal duties and functions; o. community institutionalization and prisons; p. simple flats/apartments; q. landfills; r. natural reserves and cultural reserves; s. park architecture; t. social orphanages; u. generators, transmitters, electric power distribution. CHAPTER III COMMITTEE, DELIBERATIONS TOWARDS A CONSENSUS

AND INDEMNIFICATION Part One Land Procurement Committee Article 6 (1) Land procurement for public interest in district/city regions shall be conducted under assistance of the district/ city land procurement established by the District Head/Mayor. (2) The Land Procurement Committee for the Province of Special Territory of Capital Jakarta is established by Governor. (3) Land procurement located in two regions of district/city or more will be conducted under assistance of land procurement committees of province established by Governor. (4) Land procurement located in two regions of provinces or more will be conducted under assistance of land procurement committee established by the Minister of Home Affairs consisting of Government elements as well as elements from the related Regional Governments. (5) Composition of membership of land procurement committee as referred to in paragraphs (1), (2) and (3) shall consist of elements of apparatus from the relevant regions. Article 7 The duties of the land procurement committee are as follows: a. to conduct research and inventory of land, buildings, plantations and other objects related to land, which rights will be released or assigned; b. to conduct research on legal status of land, which rights will be released or assigned and the supporting documents thereof; c. to appraise and propose the amount of damages upon land, which rights will be released or assigned; d. to provide explanation or guidance to communities affected by the development plan and/or holders of rights on land concerning the plan and purpose of such land procurement in the form of public consultation either through direct dialogues, print media or electronic media for the information of all communities, which will be affected by the development plan and/or holder of rights on land.

e. to conduct deliberations with holders of rights over land and Government instances and/or regional governments that require the land in the frame of determining the form and/or amount of damages; f. to witness the implementation of damages payment to holders of rights over land, building, plantation and other objects related to land; g. to draw minutes of disposal and transfer of right over land; h. to administer and documenting all files of land procurement and hand over to the competent parties. Part Two Deliberation Article 8 (1) Land procurement for the implementation of development for public interest shall be conducted through deliberation in the frame of achieving mutual agreement on: a. implementation of development for public interest in such location; b. form and amount of damages; (2) Deliberation shall be conducted at the place determined in invitation letter. Article 9 (1) Deliberation shall be conducted directly between holders of rights over land, building, plantation and other objects related to land jointly with land procurement committee and Government or regional government instances that require the land. (2) In the event the number of holders of rights of land makes impossible to hold an effective deliberation, then the deliberation as referred to in paragraph (1) shall be conducted by land procurement committee and Government or regional government instances that require the land with representatives appointed by and among holders of rights over land, who shall simultaneously act as their proxies. (3) The appointment of representatives or proxies of holders of rights as referred to in paragraph (2) must be done in writing, with sufficient stamp duty under acknowledgement of the Village Chief/Lurah or a letter of appointment/proxy drawn up before an authorized official. (4) The deliberation as referred to in paragraphs (1) and (2) shall be led by the head of land procurement committee.

Article 10 (1) In the event the development activities for public interest cannot technically be assigned or moved spatially to another place or location, then the deliberation will be conducted within a period of a maximum of 90 calendar days effective from the date of the first invitation. (2) If after the deliberation as referred to in paragraph (1) fails to achieve any mutual consensus, the land procurement committee will determine the form and amount of damages as referred to in article 13 and deposit in trust the damages money with the district court whose jurisdiction covers the relevant land location. (3) If there occurs a dispute on ownership after determination of damages as referred to in paragraph (2), the committee will deposit in trust the damages money with the district court whose jurisdiction covers the relevant land location. Article 11 If in the deliberation, a mutual agreement is reached between holders of rights over land, the Government and/or regional government instances that require the land, the land procurement committee will issue a decision concerning the form and amount of damages in accordance with such mutual agreement. Part Three Damages Article 12 The damages in the frame of land procurement shall be provided for: a. rights over land; b. buildings; c. plantation; d. other objects related to land. Article 13 (1) The form of damages may be in the form of: a. money; and/or b. substitute land; and/or c. resettlement. (2) In the event holders of rights over land do not want the form of damages as referred to in paragraph (1), then compensation can be given in the form of capital equity (shares) in accordance with the provisions of statutory regulations.

Article 14 Damages for plots of land with ulayat rights shall be provided in the form of public facilities construction or other forms which benefit the local communities. Article 15 (1) The basis of calculation for the amount of indemnification refers to: a. Tax Object Sell Value or actual/real value with due consideration to the same of current year based on the stipulation of the Land Price Appraisal Institution/Team appointed by the committee; b. the appraised sell value of the building by the regional apparatus responsible for the building sector; c. the appraised plantation sales value by the regional apparatus responsible for the agriculture sector. (2) In the context of determining the basic calculation of damages, the Land Price Appraisal Institution/Team is determined by the Chief of District/Mayor of Governor for the Province of Special Territory of Capital Jakarta. Article 16 (1) Damages shall be paid directly to: a. holders of rights over land or those with rights pursuant to statutory regulations; or b. nadzir for wakaf land. (2) In the event that the land, building, plantation or objects related to land jointly owned by several individuals, while one or several individuals as holders of rights over land cannot be determined, then the damages shall become the right of such undetermined individuals to be deposited in trust with the district court whose jurisdiction covers the related land location. Article 17 (1) Holders of rights over land who are not accept the decision of the land procurement committee may submit objections to the Chief of District/Mayor or Governor of Minister of Home Affairs in accordance with authority accompanied by explanation on the reasons and grounds for such objections. (2) The Chief of District/Mayor or Governor of Minister of Home Affairs in accordance with his authority shall endeavor towards the settlement related to the form and amount of damages with due consideration to the opinions and intention of holders or rights over land or their proxies.

(3) After hearing and studying opinions and intention of holders of rights over land and considerations of the land procurement committee, the Chief of District/ Mayor or Governor or Minister of Home Affairs in accordance with his authority may issue a decision to strengthen or amend the decision of the land procurement team concerning the form and/or amount of damages to be awarded. Article 18 (1) If the efforts to settlement carried out by the Chief of District/Mayor or Governor of Minister of Home Affairs cannot still be accepted by holders of rights over land and the said location of development cannot be moved, then the Chief of District/ Mayor or Governor of Minister of Home Affairs in accordance with his authority will submit proposal for settlement by revoking rights over land based on Law Number 20 of 1961 regarding Revocation of Rights over Land and the Objects Thereon. (2) The proposal for settlement as referred to in paragraph (1) shall be submitted by the Chief of District/Mayor/Governor/ Minister of Home Affairs in accordance with his authority to the Head of the National Land Agency (BPN) with copies to minister of the instance requiring the land and the Minister of Laws and Human Rights. (3) Upon accepting the proposal for settlement as referred to in paragraphs (1) and (2), the Head of the National Land Agency will consult with ministers of the instance requiring the land and the Minister of Laws and Human Rights. (4) The request to do the revocation of rights over land as mentioned above will be submitted to the President by Head of the National Land Agency signed by the minister of the instance requiring the land and the Minister of Laws and Human Rights. Article 19 Upon the land being worked out without the permission from the entitled parties or their proxies, settlement will be carried out based on Law Number 51 Prp. of 1960 regarding Prohibition to Use Land Without Permission From the Entitled Parties or Their Proxies. CHAPTER IV SMALL SCALE LAND PROCUREMENT Article 20 Implementation of the development for public interest requiring land with surface area of no less than 1 (one) hectare can be carried out directly by the government instance requiring such land with holders of rights over land through sale purchase or exchange or other methods mutually agreed upon by both parties.

CHAPTER V TRANSITIONAL PROVISIONS Article 21 By the enactment of this Presidential Regulation, the implementing regulations of Presidential Decree Number 55 of 1993 regarding Land Procurement For Implementation of Development For Public Interest remain in force as long as not in contradiction to this Presidential Regulation. CHAPTER VI CLOSING PROVISIONS Article 22 Further provisions on the procedures and operating system of land procurement for implementation of development for public interest shall be stipulated by Regulations of the Head of the National Land Agency. Article 23 At the time when this Presidential Regulation becomes effective, the Presidential Decree Number 55 of 1993 regarding Land Procurement for Implementation of Development For Public Interest is hereby revoked and declared as no longer valid. Article 24 This Presidential Regulation shall commence to be effective from its date of establishment. Established in Jakarta Dated 3 May 2005 PRESIDENT OF THE REPUBLIC OF INDONESIA signed DR. H. SUSILO BAMBANG YUDHOYONO This copy is in accordance with its original Deputy Cabinet Secretary Laws and Legislations Sector