Changes on the Procedure of Rights Received from SIPPT Holders towards the Local Government of Jakarta

Background

Governor of DKI Jakarta has enacted a Regulation of Governor No. 228 of 2016 on Amendment to Decision of Governor Number 41 of 2001 on Procedure of Rights Received from SIPPT Holders to the Local Government of Jakarta (“Regulation No.228/2016”).

Regulation No. 228/2016 changes few regulations and mechanism of the fulfillment of obligations of SIPPT holders and/or IPPT stipulated under Decision of Governor No. 41 of 2001, with the purpose to increase the speed of fulfillment of obligations by holders of SIPPT and/or IPPT.

Distribution of SIPPT

Every SIPPT and or IPPT that is issued, is to be distributed to Bureau of City Planning and Environment, Mayors and City Planning Division at the latest 14 days since it is issued.

The implementation of fulfillment of responsibility stipulated in SIPPT and/or IPPT is contained in (a) an agreement signed by the Governor of DKI Jakarta or appointed official and holder of SIPPT, or (b) other documents stipulated by the Governor of DKI Jakarta, complemented with information regarding city plan and letter stating covenants by holders of SIPPT.

Delivery of Obligations

The delivery of obligations is made based on report over physical and technical research result by Control and Supervision Team of Regional Development (“TP3W”), through the result of physical research document. TP3W reports the result of physical and technical research to the mayor to be followed up with the Minutes of Handover (“BAST”), in the form of notarial that at least contains the volume, quality, and value of obligations.

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In addition, mayor/regent reports BAST to the Governor of DKI Jakarta through Head of BPKAD at the latest 1 month since BAST’s publication and copied to the Assistant of Development and Environment.

TP3W Job Description

TP3W is created through a decision from mayor with the following job description:

  1. do physical research on the field;
  2. do evaluation on obligation fulfillment of infrastructure, facilities and common utilities per-asset group as follows:
  3. For the delivery in the form of land, it is based on NJOP of the prevailing year;
  4. For the construction of building/land/park/channel/and other constructions in accordance with approved budget plan (RAB) by the related working units (SKPD/UKPD) or valuation result by governmental or public appraiser as determined by the government and paid by holders of SIPPT and/or IPPT.
  1. prepare the result of physical and technical research
  2. prepare BAST.

Job Description of BPKAD

Based on Minutes of Hand Over, job of BPKAD is:

  1. take notes on the responsibility of fasos fasum/ infrastructure facilities and common utilities that is state owned
  2. Publish and distribute Decision on Determination of Usage Status to linked SKPD

Certification of Land

If the land that is delivered is not certificated and/or its certificate is not registered under the name of the local government, then its certifications is conducted by (a) BPKAD, for land that is not determined as regional-owned asset; and/orand/or (b) SKPD/UKPD, for land that has been determined as regional-owned asset.

The cost of certification is the liability of SIPPT and/or IPPT Holders.

Bryna Budiman