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The Various Kind of Hak Pakai To Land in Indonesia

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The Hak Pakai (right of usage over land) and duration consists of:

A. Hak Pakai (right of usage over land) of government land which cannot be transferr to another party. Based on article 45 section 3 PP No. 40/1996 can only be given to:
1. Department, government agency Non Department, and Local government
2. Representative of Foreign state and representative of International Organization.
3. Religious Organization and social organization.
The right of property is given for the duration of is not defined the duration ( depend on requirement).

B. The Hak Pakai (right of usage over land) to government land which can be transfer and has an economic value. Given for the duration of maximum 25 years and extendable for the duration of maximum 20 years. ( article 45 section 1 PP No. 40/1996).

After finished from the duration, The latest owner must submit Pembaharuan Hak Pakai (the renewal of the right of property) on the same land ( article 45 section 2 PP No. 40/1996).

C. The Hak Pakai (right of usage over land) above land (of) Primary rights, such as Hak Milik or Hak Guna Bangunan (Right to Build). Given for the duration of maximum 25 years and cannot be lengthened, but have to renewed ( article 49 section 1 & 2 PP NO. 40/1996)

D. The Hak Pakai (Right to use) above land (of) HAK PENGELOLAAN

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