Procedure for Determination of Destroyed Land

The Destroyed Land is a land that has changed from its original form due to natural events and cannot be identified anymore, so that it cannot be functioned, used, and utilized properly¹. The procedure for determining a land as Destroyed Land, refers to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the Land Agency Number 17 of 2021 on Procedures for Determination of Destroyed Land.

• Location Determination
  Determination of Destroyed Land is carried out based on the results of monitoring and evaluation activities or information or notification from the central government, regional government, communities or other parties.²
  Determination of Destroyed Land is completed with the map’s location and initial data. As for the initial data at least consists of:³

  1. the name of right holder;
  2. type and number of rights;
  3. measuring letter number;
  4. land plot’s number identification;
  5. village/urban village and subdistrict where the land is located;
  6. surface area;
  7. use of utilization of land;

• Formation of Destroyed Land Research Team
  After determining the location of the plot of land identified as Destroyed Land, the Head of the Land Office establishes a Destroyed Land Research Team through a Decree.⁴ The tenure of the Destroyed land Research Team is for a maximum of 90 (ninety) days from the date of the Decree for the Establishment of the Destroyed Land Research Team.⁵

• Socialization
  Socialization is carried out to notify all holders of Right of Management and/or Land Rights or other parties who have an interest in land plot that is identified as Destroyed Land, which is carried out for at least 1 (one) time at the village/urban village office where the land is located or other specified place.⁶

• Identification, Inventory, and Assessment
  The Destroyed Land Research Team performs the identification and inventory of land plot that is identified as Destroyed Land by performing the site inspection, consists of:⁷

  1. type of rights;
  2. written evidence of land ownership in the form of certificates, other rights or basic control over land;
  3. land ownership/control;
  4. land use/utilization;
  5. current land condition;
  6. the area of land indicated as destroyed land;The Destroyed Land Research Team subsequently made a minute that contains the results of the examination as well as the legal basis for the abolition of Right of Management and/or Land Rights because it was considered as Destroyed Land which was then submitted to the Head of the Land Office.⁸
• Announcement
  After receiving the minutes from the Destroyed Land Research Team, the Head of the Land Office announces the plot of land considered as Destroyed Land in writing and openly at the village/urban village office where the land is located, the Land Office, or through the Ministry’s website. ⁹

  Announcements are made for 14 (fourteen) calendar days. During the announcement period, the holder of Right of Management and/or Land Rights is required to make a statement that they will carry out reconstruction or reclamation, otherwise the land plot will be determined as Destroyed Land.

• Implementation of Reconstruction or Reclamation if the Land Owner Declares to Carry out Reconstruction and/or Reclamation

  In the event that the holder of Right of Management and/or Land Rights gives a statement that they will carry out reconstruction or reclamation, a maximum period of 1 (one) year will be given¹⁰. If within a period of 1 (one) year the holder of Right of Management and/or Land Rights, those right holders do not undertake reconstruction or reclamation, the land plot will be determined as Destroyed Land.¹¹

• The Decree of Destroyed Land Determination
  Determination of Destroyed Land and the abolition of Right of Management and/or Land Rights are contained in the form of a Decree which will be submitted to the right holder.¹²

Mohamad Fajar Hasiolan

1. Article 1 paragraph 12 of Government Regulation No. 18 of 2021 on Right of Management, Land Right, Condominium Unit, and Land Registration
2. Article 4 paragraph (1) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
3. Article 4 paragraph (2) and paragraph (3) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
4. Article 5 paragraph (1) jo. Article 4 paragraph (2) and paragraph (3) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
5. Article 6 paragraph (2) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
6. Article 7 paragraph (2) and paragraph (3) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
7. Article 8 paragraph (2) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
8. Article 10 paragraph (2) jo. Article 12 paragraph (1) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
9. Article 11 paragraph (1) jo. Article 12 paragraph (1) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
10. Article 14 paragraph (1) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
11. Article 14 parahraph (3) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land
12. Article 16 paragraph (5) and paragraph (6) of Minister of Agrarian Affair and Spatial Planning/Head of Land Agency No. 17 of 2021 on Procedures for Determination of Destroyed Land