Background
On 9 August 2017, Minister of Agrarian Affairs and Spatial Planning/head of the National Land Agency issued the Ministerial regulation of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of Republic Indonesia Number 13 of 2017 on Blockage and Seizure Procedures (“Ministerial Agrarian Regulation 13/2017”).
This Ministerial Agrarian Regulation 13/2017 is issued in the framework of the orderly administration of land in connection with blockage records, seizure or the recording disputes and cases concerning land rights, and the necessity of the maintenance activities of land registration data in the form of recording on land book and measurement letter. This Ministerial Agrarian Regulation 13/2017 was also issued to organize scattered procedures, unify them and to comply with dynamics of the society development.
Application for Blockage Recording
The blockage recording is carried out on the land rights over (i) legal acts, or (ii) legal events, or (iii) land disputes or conflicts. Recording of blockage is filed for:
- in the framework of legal protection to the land interests for which the blockage is requested; and
- At most 1 (one) time by 1 (one) applicant on 1 (one) object of the same land.
Maintenance activities of land registration data cannot be carried out for the land rights which its land book contain blockage records.
Subject of the applicant
The application of blockage recording may be filed by:
- individual;
- legal entity; or
- law enforcer.
In the application of blockage recording must include the clear reason and the willingness to be examined upon request.
Application by Individual or Legal Entity
Individual or legal entity applying for the blockage recording must have legal relation with the land for which the petition is requested.
Applicant who has legal relationship, consists of:
- land owner,
- The parties in an agreement either in notarial or not in notarial or joint property ownership, not in marriage;
- Heirs or joint property ownership in marriage;
- The parties to an agreement, either in notarial or privately, based on proxy; or
- Bank, in case of notarial deed by the parties;
Submission of blockage by individuals or legal entities, includes:
- the application form, containing statement regarding approval that the blockage record is deleted when the time period expires;
- the copy of applicant identity or his proxy, and the original of proxy if authorized;
- the copy of the deed establishment of legal entity;
- A description of the name of the rights holder, the rights type, the number, the area and the location of the land for which the blockage is requested;
- Proof of payment of non-tax state revenue related to blockage records;
- Proof legal relationship between applicant and the land, such as:
- lawsuit letter and a court register number or suspension by the State Administrative Court, in terms of blockage application is accompanied by a lawsuit in court;
- marriage certificate/marriage book, family card, or court judgment with regard to divorce or inheritance, in terms of a blockage application on joint property disputes in marriage and/or inheritance; and
- court judgment with regard to debts or deed of sale and purchase agreement, deed of loan, deed of exchange which has been legalized by authorized official, in terms of blockage application on legal action.
- Other requirements in accordance with the law and regulations.
Application by Law Enforcer
Law enforcer may file the blockage recording for the investigation and prosecution of criminal cases. The requirements for blockage submission by law enforcer, includes:
- application form;
- warrant letter of investigation;
- request letter of blockage from law enforcer agencies accompanied by the reasons for the blockage with a clear statement as for:
- the name of rights holder;
- type and number of rights; and
- the area and location of land, or
- Other requirements in accordance with the law and regulations.
Acceptance Application and Verification
Submission for application of blockage recording is filed through the local land office counter accompanied by the complete documents of such requirements.
If the documents are complete, the counter officer will convey to the applicant that the requirement documents are complete, and requesting for the applicant to pay fees in accordance with the laws and regulations including the cost for performing the assessment and recording. A receipt will be delivered to the applicant. The assesment and recording process will be conducted in 3 days since the application letter is completely accepted.
Assessment
The complete application shall have to be delivered to the official who has duty in the dispute, conflict and affair to be assesed. Blockage recording application towards the partially registered land rights may only be performed after the location of land and the land boundary being applied for blockage are known.
If based on the assessment result the application for blockage recording is accepted, then the result of the assessment shall be delivered to the Head of the Land Office.
Blockage Recording Procedures
The Head of Land Office or the designated official conducts the blockage recording in terms of application for recording is accepted based on the assessment result. If the application is rejected, the Head of the Land Office will notify the applicant and/or the parties concerned in writing through official letter accompanied by reasons of the rejection.
Blockage recording can be done manually or electronically. The blockage recording is carried out on the land book and the measurement letter concerned. Blockage recording at least contains information about time (hours, minutes and seconds) and date of recording, the subject of the application, and reason of the application.
The writing of blockage recording shall be recorded at:
- land books, in the recording colomn of Registration Right of Transfer, Other Encumbrance and Recording; and
- measurement letter, on the drawing sheets of the measurement letter that is still available.
Blockage recording is legalized with the signing by the official who conducts the recording with affixing to the stamp of the Land Office.
Time Period of Blockage
Blockage record by individuals or legal entities is valid for a period of 30 (thirty) calendar days since the date of the blockage recording. That time period may be extended by court order in form of a verdict or determination. Meanwihle, blockage records by law enforcer is valid until the termination of a criminal case under investigation and prosecution, or until the removal of blockage by the investigator concerned.
Removal of Blockage Records
The blockage record by individual or legal entities expires, if:
- the period of the blockage expires and is not renewed;
- the revocation by party who applied for the recording before the expiration of blockage period;
- the removal of blockage by Head of Land Office before the expiration of blockage period; or
- court order in the form of a verdict or determination,
If the period of blockage is extended by court order, then the blockage record may only be removed if there is court order in the form of verdict or determination.
The blockage record by law enforcer expires, if:
- investigation and prosecution is discontinued; or
- The investigator files for the removal of blockage record.
Recording of Blockage on the Ministry’s Initiatives
The Head of the Land Office may also conduct blockage recording based on (i) ministerial orders (ii) Head of National Land Agency Regional Office or (iii) consideration in urgent circumstances.
The blockage recording on Ministerial order or the Head of National Land Agency Regional Office is carried out to
- settlement of land issues that has strategic and national impact, in which blockage record is valid until such land issues is solved; or
- control of abandoned land, in accordance with the provisions of law and regulations, in which blockage record is valid until the follow up of proposed determination of the abandoned land.
As for consideration of blockage recording in urgent circumstances is the existence of diputes or conflict of land or protection on the government asset. The blockage recording with the urgent reason must obtain the consideration from the Provincial Head of the land office.
Seizure Recoding
Recording of seizure is performed on land rights in the framework of the interest of dispute in court or investigation. The seizure recording is filed at most 1 (one) time by 1 (one) applicant on 1 (one) object of the same land.
Land rights that is in confiscated state cannot be transferred and/or charged by a mortgage. Land rights that occur in confiscated state may be in roya, extended and/or updated by notifying to the Chairman of Court, the litigants and / or investigators.
Recording of seizure includes:
- seizure recording of case on land rights that being the object of the case in court;
- seizure recording of criminal in the framework of investigation; and
- seizure recording based on forced letter on land rights which becomes the object of tax debt.
The application of recording criminal seizure is filed by the investigator/law enforcer by enclosing:
- permit letter of chairman of local district court, in accordance with the place of crime;
- warrant letter of seizure signed by the investigator;
- court determination; and/or
- other requirements in accordance with the provisions of law and regulations.
Recording of seizure based on forced letter is filed by the tax bailiff by enclosing order letter to implement seizure from an authorized agency.
Submission of seizure recording application is filed through the local Land Office counter accompanied by the completeness documents of such requirements. If the requirements of the application are complete, the counter officer shall convey to the applicant that the requirements are complete and the applicant is asked to pay fees to carry out the recording.
Head of Land Office may refuse to perform the seizure recording if determination and/or the court judgment regarding seizure does not elaborate on the subject of rights, type of rights, number of rights, size and object location of rights clearly. Head of Land Office shall implement the seizure recording within period of maximum 3 (three) working days since application letter is completely accepted.
Other Provisions of Seizure Recording
Seizure cannot be done on the land rights that:
- is State/Local-owned Property (BMN/BMD);
- is charged with motrgage rights, can be recorded as equal seizure; or
- has been seized for a case or being a case object with a mortgage, can be recorded as equal seizure by the district court. This equal seizure record is to protect other interested parties.
Seizure does not prevent the extension and renewal of land right. The extension or renewal of such rights is notified in writing to the Chairman of Court, which provides an explanation that the extemsion or renewal process does not remove the records of such case.
Seizure shall bind the plaintiff and the defendant, and shall be valid until a final and binding decision which one of its decision states that the lawsuit is declined or unacceptable or concerning the removal of seizure or the determination of the removal of seizure. Seizure of criminal is valid until the case has been resolved.
Seizure based on forced letter is valid until:
- The taxpayer has paid the tax collection fees and tax debt;
- Based on court judgment; or
- The decision of the tax dispute settlement body or otherwise stipulated by the competent minister or the regional head.
Muhamad Gufron
