HUKUM AGRARIA SESI 5

Summary

This session discusses the fundamentals of national land law, focusing on primary land rights. It covers ownership rights, the strongest and most complete right to land, as outlined in Indonesia's Land Law, emphasizing aspects like inheritance, transfer, and legal implications such as mortgages. The video also explains various other land rights, including rights to build (HGB), rights to use (HGU), and the right to use land (hak pakai), all of which can be transferred, used as collateral, and must be registered with the Land Office. The presentation concludes by noting that these rights are typically utilized for business and investment purposes.

Takeaways

• 😀 The national land law in Indonesia covers several types of land rights, including individual and personal rights over land.
• 😀 Ownership rights (Hak Milik) are the strongest and most complete rights a person can have over land, regulated under articles 20-25 of the law.
• 😀 Hak Milik is only granted to Indonesian citizens, though it can be transferred through inheritance or legal transactions such as buying and selling.
• 😀 Ownership rights can be encumbered, for example, through a mortgage for debt repayment or by being donated for religious or social purposes.
• 😀 Hak Milik must be registered with the Land Office to serve as legal proof of ownership.
• 😀 Hak Guna Bangunan (Building Rights) allows the construction and ownership of buildings on land that is not owned, for a maximum period of 30 years, extendable up to 80 years under certain conditions.
• 😀 Hak Guna Bangunan can be granted to both Indonesian citizens and legal entities (e.g., corporations).
• 😀 Hak Guna Usaha (Business Rights) pertains to agricultural and business use of land, with a validity period of up to 95 years in some cases for investment purposes.
• 😀 Hak Pakai (Usage Rights) allows the use of another's land for specific purposes, such as business or agriculture, and can be granted for up to 70 years in certain conditions.
• 😀 All land rights mentioned (Hak Milik, Hak Guna Bangunan, Hak Guna Usaha, and Hak Pakai) must be registered at the Land Office for certification, which serves as strong legal evidence.
• 😀 These rights are not transferable via leasing of the land itself, but buildings erected on these lands can be leased for business or other purposes.

Q & A

What is 'Hak Milik' (Right of Ownership) in Indonesian land law?

Hak Milik is the strongest and most complete form of land ownership in Indonesia, regulated under Articles 20-25 of the Land Act. It can only be granted to Indonesian citizens and can be transferred through inheritance or legal transactions such as sale or purchase.

Who is eligible to hold 'Hak Milik'?

Only Indonesian citizens are eligible to hold 'Hak Milik', although certain legal entities like state-owned banks or religious institutions may also be granted this right under specific conditions as outlined in the law.

Can 'Hak Milik' be transferred to others?

'Hak Milik' can be transferred legally, such as through inheritance or sale. It may also be encumbered with new rights, like 'Hak Guna Bangunan' (HGB) or 'Hak Guna Usaha' (HGU), or used as collateral for debt repayment.

What is 'Hak Guna Bangunan' and its duration?

Hak Guna Bangunan grants the right to construct and own buildings on land not owned by the individual. This right is valid for a maximum of 30 years, extendable for another 20 years if necessary, and in some cases, it can be granted for up to 80 years.

Who can hold 'Hak Guna Bangunan'?

'Hak Guna Bangunan' can be granted to both Indonesian citizens and legal entities (e.g., banks, social organizations). Unlike 'Hak Milik', this right is not restricted to only Indonesian citizens.

What happens when the term of 'Hak Guna Bangunan' expires?

The right to use 'Hak Guna Bangunan' ends when the term expires, or it may be terminated earlier if certain conditions, such as public interest or abandonment, are met. It can also be revoked by the government for public use.

What is 'Hak Guna Usaha' and its intended use?

Hak Guna Usaha grants the right to use land for agricultural purposes, including plantations and livestock farming. It is valid for 25 years, extendable for another 25 years and renewable for up to 95 years, mainly for investment in agriculture.

Who is eligible to hold 'Hak Guna Usaha'?

'Hak Guna Usaha' can only be granted to Indonesian citizens or legal entities in Indonesia. Similar to 'Hak Guna Bangunan', it has a specific set of legal criteria for eligibility.

What is the difference between 'Hak Guna Bangunan' and 'Hak Guna Usaha'?

The main difference is that 'Hak Guna Bangunan' allows the construction and ownership of buildings on land not owned by the holder, while 'Hak Guna Usaha' is primarily for agricultural use, including plantations and livestock farming.

Can 'Hak Pakai' be granted to foreigners?

Yes, 'Hak Pakai' can be granted to foreign nationals who are residents in Indonesia, foreign legal entities with a representative office in Indonesia, and other specific entities such as foreign diplomatic missions and social organizations.