EPS 17: MENGENAL HAK ATAS TANAH - HAK PAKAI

Summary

In this video, Ismail Marzuki explains the concept of 'Hak Pakai' (Right of Use) in Indonesia. Hak Pakai allows individuals or entities to use land controlled by the state or private landowners without it being considered a lease or land management agreement. He details who can hold this right, including Indonesian citizens, legal entities, foreign nationals, and international organizations. The video also discusses the duration of Hak Pakai, which can be up to 70 years under specific conditions, and outlines when it may be revoked, such as expiration, voluntary relinquishment, or legal noncompliance. The information is concise and aimed at increasing awareness about land rights in Indonesia.

Takeaways

• 😀 'Hak Pakai' refers to the right to use and/or collect the benefits from land controlled by the state or owned by others, not a lease or land management agreement.
• 😀 The duration of 'Hak Pakai' is not fixed by law, but it can be up to 70 years according to the Investment Law (2007), with an initial period of 45 years and an extension of 25 years.
• 😀 Individuals, legal entities, and foreign entities with representation in Indonesia can possess 'Hak Pakai'.
• 😀 The types of land eligible for 'Hak Pakai' include state-owned land, land under management rights, and land with ownership rights.
• 😀 'Hak Pakai' may end when the granted period expires, when revoked by authorities, or when voluntarily relinquished by the holder.
• 😀 It can also be terminated if the land is needed for public interest, if abandoned, or if destroyed.
• 😀 'Hak Pakai' for foreigners can be revoked if they no longer reside in Indonesia.
• 😀 Legal entities, including foreign ones with representation in Indonesia, are eligible for 'Hak Pakai'.
• 😀 Government agencies, non-departmental institutions, and religious or social organizations can also hold 'Hak Pakai'.
• 😀 The holder of 'Hak Pakai' must comply with legal conditions, such as maintaining residence in Indonesia if foreign.
• 😀 The concept of 'Hak Pakai' serves as a form of land usage right that aligns with Indonesia's legal framework, ensuring land use can be extended for specific purposes under certain conditions.

Q & A

What does 'Hak Pakai' mean in Indonesia?

Hak Pakai refers to the right to use and/or collect the results from land controlled by the state or owned by others, but it is not a lease agreement or land cultivation contract.

What is the duration of the 'Hak Pakai' right?

The duration of Hak Pakai is not explicitly stated in the Agrarian Law of 1960. However, under the Investment Law of 2007, it can be granted for up to 70 years: 45 years initially, with a 25-year extension possible.

Who is eligible to hold the 'Hak Pakai' right?

Eligible holders include Indonesian citizens (individuals or entities), legal bodies established by Indonesian law, government departments, religious and social organizations, foreigners residing in Indonesia, foreign legal entities with representation in Indonesia, and foreign diplomatic or international organizations.

What types of land can be granted 'Hak Pakai'?

Hak Pakai can be granted on state land, land with management rights, and private ownership land.

How is the 'Hak Pakai' right different from a lease agreement?

'Hak Pakai' is not a lease agreement. It is a right to use or benefit from the land, not a rental arrangement or a land cultivation agreement.

What happens when the 'Hak Pakai' term ends?

The right of use ends when the term expires, when it is canceled by an authorized official, voluntarily relinquished by the holder, revoked for public interest, abandoned, if the land is destroyed, or when the conditions for eligibility are no longer met.

Can the 'Hak Pakai' right be extended?

Yes, the 'Hak Pakai' right can be extended after the initial 45-year period for an additional 25 years, as per the regulations in the Investment Law of 2007.

Who can cancel or revoke the 'Hak Pakai' right?

The 'Hak Pakai' right can be canceled or revoked by an authorized official for reasons such as public interest or failure to meet specific conditions.

How does 'Hak Pakai' affect foreign entities in Indonesia?

Foreign entities can hold 'Hak Pakai' if they have a presence in Indonesia, such as a legal representative or business operations. However, they must comply with the eligibility conditions, such as being based in Indonesia or having a local representative.

What is the relationship between 'Hak Pakai' and land ownership?

'Hak Pakai' is a right granted to use or benefit from land, but it does not transfer ownership of the land. The land may belong to the state, private individuals, or legal entities, but the right holder can only use or benefit from it within the granted terms.