Land Acquisition System
Here is some information you have to know about the land acquisition system! If what is available is land with Freehold Title, the landowner can give rights to other parties as new rights holders. The new rights that can be granted over the land are:
Change from Freehold Title to Building Rights Title or Right of Use or Cultivation Rights Title.
The process is carried out through buying and selling, relinquishing rights, or granting rights.
Stages of Making Land Certificates
1. Come to the Regional National Land Agency (Badan Pertanahan Nasional/BPN) Office
In the first stage, you come to the office of the National Land Agency in the area where the applicant lives. Then come to the service counter with the files that have been prepared. There you just fill out the registration form for making a land certificate and submit the applicant’s identity file. Then you go to the payment counter to pay the land survey and inspection fee.
2. Measurement Process
Then the National Land Agency officer will carry out the land measurement process, in this process, the applicant must be there to accompany. Then the process will continue with the issuance of a Decree, then proceed with the issuance of a Regional Office Decree and the issuance of the National Land Agency Decree of the Republic of Indonesia.
3. Payment of Registration of Rights Decree
Then you are required to pay for the registration of the Decree of Rights, after paying then you can get a land certificate.
Land Certificate Making Time
Actually, the time of making a land certificate in the land acquisition system depends on the area of the land and the type of land designation, for example:
38 days for:
- The agricultural land area of fewer than 2 hectares.
- The non-agricultural land area of less than 2,000 square meters.
57 days for:
- The agricultural land area of more than 2 hectares.
- The non-agricultural land of more than 2,000 square meters to 5000 square meters.
97 days for:
- The non-agricultural land area of more than 5,000 square meters.
Land/House Certificate Processing Cost
The cost of obtaining a land certificate in a land acquisition system actually depends on the location, designation, and land area.
Another fee that must be paid at the Office of the National Land Agency is the transfer fee for the certificate. The amount is the selling value of the land divided by 1,000, (land value (per square meter) x land area (square meter) / 1,000).
As an illustration, if the buyer of a land area of 1,000 square meters with a price per meter of Rp. 500,000, the fee for the transfer of the name of the land certificate at the Office of the National Land Agency is Rp. 500,000.
Spatial Information Checking (Informasi Tata Ruang/ITR)
In the interest of investment, by adjusting the business plan, an important step is knowing how to check the zoning or Spatial Information (Informasi Tata Ruang/ITR) that will be used as a place of business.
Spatial Information is land use planning, which is technically carried out through the division of internal designation areas for certain functions, such as residential functions, trade, industry, etc. So, spatial information will show the types of activities that can be carried out in a certain location.
Spatial Information is regulated in Act Number 26 the Year 2007 concerning Spatial Planning and in Government Regulation Number 8 the Year 2013 as a Reference for Spatial Planning Maps. Act Number 26 the Year 2007 states that the implementation of spatial planning aims to create a safe, comfortable, productive, and sustainable national space based on the Archipelago Insight and National Defence.
Spatial information must ensure the interests of various parties, and of course, it is directed according to the capabilities of the land, so that land use can be sustainable. Each region in Indonesia has its own rules regarding regional spatial planning, the spatial allocation can be checked through the Spatial Detailed Plan (Rencana Detail Tata Ruang/RDTR) and Zoning Regulations (Peraturan Zonasi/PZ) documents.
The requirements for checking spatial information (ITR) are:
- Fill out the form provided by the Spatial Information Office (Pelayanan Terpadu Satu Pintu/PTSP) according to the location of the land.
- Attach a copy of the Land Ownership Letter which information is requested (Land certificate).
- Attach a copy of the identity of the owner.
- Power of attorney (if authorized).
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Source: indo-ned consultancy Legal Team.
Disclaimer:
The information provided here is based on our long experience. The process or requirement may vary depending on the specific facts and conditions. Besides, the law and regulations in Indonesia subject to frequent changes. Please contact us as your consultant to get an up to date information and accurate advice. More Information click here and You can also follow our social media accounts to see the latest information posts. please click on the following links: Facebook, Instagram, Linkedin, and Twitter.