A land certificate is a document as proof of a title to real property that is considered as strong evidence to prove the legitimacy of the right of ownership, right of management, waqf land, strata title, or security title. In the event that the land certificate is lost or damaged, it is possible to issue a replacement land certificate as stipulated in the Government Regulation Number 24 of 1997 on Land Registration (”GR on Land Registration“).
Conditions for the Issuance of a Replacement Certificate
The issuance of a new certificate is possible if the following conditions are met:1
- Lost certificate;
- Damaged certificate;
- The certificate still uses an expired blank certificate;
- The original certificate was not delivered to the auction buyer in an execution auction.
The issuance of a replacement certificate is submitted through an application, which can only be submitted by a party whose name is listed as the title holder in the land book registration or by another party who is the recipient of the land title according to the Land Deed Official (PPAT) deed or quotation from the minutes of the auction, or by their attorney.2
In the event that the title holder or the recipient of the title has passed away, the heirs may submit an application for the issuance of a replacement certificate by submitting a letter of proof as the heirs.3 What is meant by “letter of proof as the heirs” refers to the Deed of Inheritance Right (Akta Keterangan Hak Mewaris), Court Decree on Determination of Heirs (Surat Penetapan Ahli Waris), or Statement Letter of Heirs (Surat Keterangan Ahli Waris).4
Steps of Application for the Issuance of a Replacement Certificate:
- An application for the issuance of a replacement certificate for a lost certificate must be submitted along with an affidavit under oath confirming the loss of the relevant land certificate. The oath is taken before the Head of the Land Office or a designated officer.
- The issuance of a replacement certificate for a lost certificate is preceded by an announcement declaring that “a replacement certificate will be issued” in one of the local daily newspapers at the applicant’s cost.
- A new certificate is issued if, within 30 (thirty) days of the date of the announcement, no one objects to the plan for the issuance of the replacement certificate or if objections are raised but, according to the opinion of the Head of the Land Office the objection is without merit.
- However, if the objection is considered to have merit by the Head of the Land Office, the issuance of a replacement certificate is rejected.
- If a replacement certificate is requested due to a damaged certificate or the renewal of a blank certificate, the original certificate must be retained and destroyed.
Following the issuance of the replacement land certificate, the Head of the Land Office, at the applicant’s cost, announces the issuance of the replacement certificate and the invalidity of the old certificate in one of the local daily newspapers.
Application Requirements and Processing Time
Regulation of the Head of BPN RI Number 1 of 2010 on Service Standards and Arrangements of Land Management (Head of BPN Regulation 1/2010) in Appendix II determines the processing time for the issuance of a replacement land certificate:
- 40 (forty) working days for replacement due to lost;
- 19 (nineteen) working days for replacement due to damage; dan
- 19 (nineteen) working days for replacement due to expired blank certificates.
Appendix II of Head of BPN Regulation 1/2010 also states the following documents as prerequisites for submitting a replacement certificate application:
- The application form that has been filled out and signed over a stamp duty by the applicant or his attorney;
- Power of Attorney if authorized;
- Photocopy of the applicant’s identity documents (Identity Card, Family Card) and power of attorney (if authorized), which has been verified with the original documents by the counter clerk;
- Photocopy of Deed of Establishment and Validation of Legal Entity which has been verified with the original documents by the counter clerk (for legal entities);
- Original certificate (for replacement due to damage or expired blanks);
- Photocopy of certificate (if available);
- An affidavit under oath from the titleholder or the party responsible for the loss (for the replacement of a lost certificate);
- Loss statement letter from the local police (for the replacement of a lost certificate).
Avaya Ruzha Avicenna