LAND CERTIFICATE ADMINISTRATIVE PROCESS

Category: Conveyancing Services
Written by Riska Destriyanti on 04/11/2022
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

When you acquire a property, you must register your name on the land certificate as proof of ownership. The same applies when you inherit properties. In your land certificate, there is also a validity period, and you need to extend them before it expires. When a foreign individual buys a property in Indonesia, the buyer must check if the land title deed can be converted to leasehold before acquisition. These situations require you to process land certification administrative issues at the Land Authority Office.

WHAT IS LAND CERTIFICATION?

Land certificates are strong evidence and provide legal certainty and protection for land rights holders. Certificates of land rights, management rights, waqf land, ownership rights to flats, and mortgage rights have been recorded in the relevant land book. Thus, the certificate is proof of rights that apply as strong evidence.

 

The government issues land certificates in the context of carrying out land registration following statutory provisions. A certificate of land rights proves that a person or legal entity has rights over a certain plot of land.

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TYPES OF LAND RIGHTS IN INDONESIA

The land rights in Indonesia are as follows :

  1. Freehold Estate
    Freehold Estate is hereditary, and the strongest and fullest land rights people can have. This right can be transferred to another party.

  2. Right of Building
    Right of Building is the right to construct and own a building on land not owned by another person. The right of building can be granted for a maximum period of 30 years and can be extended for a maximum of 20 years.

  3. Right of Use
    Right of Use is the right to use or collect proceeds from land directly controlled by the state or land owned by other people. The right of use can be granted for a maximum period of 25 years and can be extended for a maximum of 20 years.

  4. Right to Cultivate
    Right to Cultivate is the right to cultivate land directly controlled by the state and to carry out businesses such as fisheries, agriculture, or animal husbandry. Cultivation rights can be granted for a maximum period of 25 years for individuals and a maximum of 35 years for companies.

  5. Lease Rights
    Lease Rights are a person's or legal entity's right to use land belonging to another person for building purposes by paying the owner a certain amount of rent.

  6. The Right to Collect Forest Products and Land Clearing Rights
    The Right to Collect Forest Products and Land Clearing Rights is the right to utilize the resources in the forest and the right to use and open the forest areas for all Indonesian citizens.

WHY DO YOU NEED A LAND CERTIFICATE?

A land rights certificate proves that a person or a legal entity has a right to a particular plot of land. If you own a land, the land must be registered with the local land office so that the land has proof of ownership and the owner’s name is listed in the certificate.

A certificate is a powerful means of proof. If it is not proven otherwise, the physical and juridical data contained therein must be accepted as actual data. The physical and juridical data listed in the certificate book must match the data listed in the land book and measurement results concerned because the data is taken from the land book and measurement results.

HOW TO OBTAIN A LAND CERTIFICATE?

To get a certificate for the land we own, we must do land registration. Land registration is a series of continuous activities carried out by the government to collect, process, record, present, and maintain physical and juridical data in the form of maps and lists regarding land parcels and apartment units. This activity also includes issuing certificates as proof of ownership on land parcels that already have certain rights and rights that burden them.

Land registration is held to obtain legal certainty. This land registration was held to meet the needs of the community and the government. With the implementation of land registration, it is hoped that a person can feel safe and there will be no interference with the rights they rights.

Land registration is not only for land that does not yet have a certificate but also applies to land that already has a certificate. If we transfer land rights by way of buying and selling or grants, then we must register the land to be reversed into the name of the buyer/grant recipient.

Land registration can be done at the land office where the land is located. For example, the land we own is in West Jakarta, so we must register the land at the West Jakarta land office. The land registration mechanism includes the following processes:

  1. Submission of applications/registration of land rights through counters;
  2. Examination of the completeness of the application/registration file by the counter staff;
  3. Issuance of a receipt for the application/registration file by the counter staff;
  4. Payment by the applicant/registrant;
  5. Issuance of proof of payment and proof of registration and payment by officers;
  6. The land registration process starts from measurement, announcement, bookkeeping, and issuance of certificates; and
  7. Collection of certificates by the applicant/registrant.

Certificate holders can come to the land office with the following documents:

  1. Identity of the land owner;
  2. Sale Purchase Deed / Grant Deed / another deed of transfer;
  3. Land documents such as Girik, Certificate (if the land has been registered before); and
  4. PBB.

If all documents are complete, the land owner can apply for land registration according to the registration mechanism at the local land office.

By doing this land registration, it is hoped that landowners feel safe in having rights over their land and avoid disputes due to land status. Few landowners have lost their land because they neglected to register it.

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HOW CAN WE HELP

Registration of the land we own is very important because the land we own can be our primary need, such as a place to live or a place of business. So, if we buy or get a gift or grant in the form of land, we must register the land at the local land office.

We can help you make a land certificate that you own, both for changing the land owner’s name, registering new rights, etc. Arranging for land certificates is one of the best services we can provide to you because we have competent consultants in the land sector.

FAQs

There are many benefits that we get if we have a certificate on the land that we own, namely:

  1. The land that you own has legal force and is protected by law so that irresponsible people cannot trade your land;
  2. Avoiding disputes with other parties over the status of land ownership; and
  3. Avoid losing the land you already own.

The certificate registration process takes approximately 30 working days. This process depends on what application you are submitting. It will take longer if you are applying for the issuance of a certificate for the first time or applying for a new one because you lost it.

You must immediately register your land so that no other party registers your land first.

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