On August 3rd, 2015 Minister of Agraria Affairs and Spatial Layout/Head of the National Land issued the Circular Letter Number 11/SE/VIII/2015 concerning acceleration process to grant or extend the land rights ("Circular Letter No. 11/2015"). Intention and purpose of the Circular Letter No. 11/2015 are to enhance the land services and provide the legal certainty of granting acceleration or extension of land rights, either for the land that is considered as an asset of government/state-owned enterprises/regional government-owned enterprises, or land that is owned by the citizens.
The provision of acceleration process for granting or extending land rights as set out in Circular Letter No. 11/2014 are aimed to give guidelines towards applications of land rights, either for land which does not have any issue, or land which has problematic issue on its object/physical or juridical data.
Acceleration process towards application on registration of land rights for the first time
The acceleration process for registration of land rights for the first time, comprises:
- for the lands which does not have any issue on its object/physical or juridical data (clear and clean) should be processed and resolved immediately;
- in case there is an issue on the land's object/physical or juridical data, application of the land rights may be processed in the area where there is no issue, whereas the partial area of land that is currently having an issue shall be solved immediately by parties who are involved, and also for the official who provides the land services are required to actively facilitate the handling of settlement land problems as referred ; and
- third party's objection or request for blockage by third party shall be based on strong evidences which directly related to the land which is requested for registration.
Acceleration process towards application for the extension of land rights
For extension application of land rights :
- In case there is an objection/exception from the third party about extension of the rights, therefore the objection does not preclude extension process of the concerned rights; and
- Extension process of land rights can only be terminated if any court decision which has permanent legal force (inkracht van gewijsde) which obstructs extension of the rights process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.