Guidelines for the Granting of Land Rights in Areas of Water and Land
Circular of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Office No. HT.03/757/VI/2022 of 2022 on Implementing Guidelines for the Granting of Land Rights in Areas of Water and Land
Enforcement Date: 3 June 2022
- The Circular outlines the following procedure for the issuance of land rights over areas of water and land: 1) The Land Office will identify plots of land within the relevant areas and classify them as either land that should be utilized for community purposes or land that should be utilized for other purposes; 2) The results of this identification process will then be reported to the Minister of Marine Affairs and Fisheries (“Minister”); 3) Based upon reported locations, the Minister will then issue licenses that recommend the issuance of land rights and that will remain applicable for a period of 30 calendar days after the date upon which the Minister receives reported identification data; 4) Based upon licenses issued by the Minister, the Land Office will then issue Right to Build (Hak Guna Bangunan/HGB) or Right to Use land rights for certain durations.
- Upon completion of the above-described process, the Head of the Land Office will then record the following information in the Land Book and on the relevant Land-Rights Certificates: 1) Utilization of land for housing, public or social facilities, and/or other supporting facilities; 2) Prohibition on the transfer of the land rights to any parties outside of local/customary/traditional communities; 3) Prohibition on conversion into Ownership Rights; and 4) Any reclamation work that is completed in the future must be undertaken in accordance with licenses issued by the relevant agencies.
- It should also be noted that in terms of land that is located within the areas of Wakatobi and South Sulawesi specifically, the Head of the Land Office may directly issue Right-to-Build or Right-to-Use land rights without the need to complete any licensing processes through the Minister, as elaborated upon above.
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