19 January 2024

Q&A Land Regıster Informatıon - Indonesıa

Nusantara Legal Partnership


NLP is a boutique law firm located in Jakarta, Indonesia. Our firm concentrating on; (a) General Corporate, (b) Employment, (c) Foreign Direct Investment (FDI), (d) Commercial Litigation, (e) Pharmaceutical, (f) Merger and Acquisition, (g) Insurance, and (h) Information Technology. Our firm is composed of highly skilled lawyers with exceptional analytic skills and proven experiences in the legal sphere with the ability to cater clients’ needs of comprehensive legal solution. We possess the required experiences and rich knowledge in our respective practice areas. We are committed to advocate our clients' cause earnestly and supporting their outcomes.
In general, any information related to land registration information managed by the Ministry of Agrarian and Spatial Planning/ National Land Agency ...
Indonesia Real Estate and Construction
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1. How is it possible to access land register information in Indonesia?

In general, any information related to land registration information managed by the Ministry of Agrarian and Spatial Planning/ National Land Agency (Kementerian Agraria dan Tata Ruang/ Badan Pertanahan Nasional or "ATR/BPN") can be obtained through ATR/BPN websites. The land-related information could be accessed publicly through the following platforms:

A. Sentuh Tanahku: this is an official platform managed by ATR/BPN that can only be downloaded via Smartphone (i.e., Android and iOS). Sentuh Tanahku provides several features or services on land-related matters that the public can easily access, such as:

(i) land locations;

(ii) land plot details (i.e., land titles, total areas, etc.);

(iii) ATR/BPN information on land-related matters; and

(iv) land title certificate checks.

This useful application may support an individual or a company that intends to purchase a land. When conducting the land due-diligence, a prospective buyer may discover the necessary information on, for instance, its location and land plot details. The Sentuh Tanahku platform also provides information on land matters such as land title transfers, renewals, and revocation of mortgage rights.

B. BHUMI: As an alternative, the public may obtain land-related information through BHUMI website via a website managed by ATR/BPN.

Similar to Sentuh Tanahku, when the public chooses the specific land, BHUMI will provide land information including land locations and land plot details.

Although the above platforms are publicly accessible, these platforms above are only available in Indonesian language.

2. What property information is publicly available in Indonesia?

The information available includes those provided in the Sentuh Tanahku and BHUMI platforms.

3. Which property-related documents are available in Indonesia?

In Indonesia, land related documents are divided into different categories depending on the usage and type of land titles. Pursuant to Article 16 of Law No. 5 of 1960 on Agrarian Law ("Agrarian Law"), several types of land rights, ranging from Rights-of-Ownership to Rights-to-Manage, can be certified. For your ease of reading, the list of types of land-right certificates is elaborated below:

(i) Right-of-Ownership (Hak Milik or "HM"): This certificate is regarded as the strongest land title. It is granted only to Indonesian citizens and legal entities determined by the government. Although HM is not bound by time limits, HM can be transferred and inherited to other parties.

(ii) Right-to-Build (Hak Guna Bangunan or "HGB")

HGB is considered as the right to establish and have building(s) on a land plot. The land is not owned by the building owner. HGB can be granted for a period of 30 years, at the longest. It is eligible to Indonesian individuals, or companies domiciled and established under the laws of Indonesia.

(iii) Right-to-Cultivate ( Hak Guna Usaha or "HGU")

This certificate is given by the government to businesses to manage lands for business purposes. Lands that can have an HGU title include (i) state lands, and (ii) lands with Right-to-Manage title, with a maximum period of 85 years.

(iv) Flat-Unit Ownership ( Hak Milik atas Satuan Rumah Susun or HMSRS") HMSRS is an ownership of apartment units built on lands under HGB or Utilization Right. Ownership status only applies to the apartment unit purchased, apart from the shared facilities. The party who applies for HMSRS of an apartment unit is usually the developer. When the unit is sold, the HMSRS is transferred to, and recorded in the name of the buyer.

(v) Utilization Right (Sertifikat Hak Pakai)

Any utilization of HM (see point a above) would be considered a Utilization Right. Based on Article 52 paragraph (3) of Government Regulation No. 18 of 2021 on Land Management Right, Land Rights, Ownership Right over Condominium Units, and Land Registration ("GR 18/2021"), Utilization Right can be given to a person for a period of 30 years, which is extendable for 20 and another 30 years through the deed of utilization right on the HM land. A foreigner who wants to buy a land in Indonesia is permitted to own the land under a Utilization Right.

(vi) Rights-to-Manage Certificate (Sertifikat Hak Pengelolaan)

Rights-to-Manage is a land title that can only be granted to government institutions.

Please note that this title may not be assigned or transferred to another party, or used as debt collateral through mortgage rights.

4. What other property-related information is available in Indonesia?

The Ministry of Public Works and Housing (Kementerian Pekerjaan Umum dan Perumahan Rakyat or "PUPR") introduces a designated map that can be accessed publicly online via . On this website, public can access information on: (i) state-owned housing, (ii) state-owned flats, and (iii) state-owned special houses given to people with low-income status.

Prospective buyers need to consider the spatial zoning plan before acquiring any property in Indonesia because they need to disclose their proposed use of the lands to the government. For efficiency purposes, the use of a relevant land should conform with its designated zonation. The government wants to ensure that businesses or land-owners use their properties according to the existing national, regional, and district spatial zoning plans.

The public can also access information on the spatial zoning plan via Geographic Information System Tata Ruang ("GISTARU"), a website managed by ATR/BPN ( ). GISTARU website introduces the zoning map, a graphical representation of different zones within a geographic area in Indonesia. It displays various land use designations, including residential, commercial, industrial, or agricultural zones. Before acquiring land in Indonesia, businesses may determine whether the use of a prospective land aligns with the spatial zoning plans through GISTARU website (available only in Bahasa Indonesia).

5. Is it possible to obtain information on pending litigation concerning the property?

Information on pending litigation towards the land is not available online. To obtain such information, a prospective buyer can conduct searches and/or make in-person enquiries to (i) ATR/BPN, or (ii) the relevant district courts having jurisdiction on the relevant land and/or property.

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.

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