Land Right Types According To Agrarian Law in Indonesia
Based On Article 16 juncto article 4 ( sentence 1) Undang-Undang No. 5/1960 about Pokok-Pokok Agraria ( hereinafter to be referred to as: “UUPA”), Rights to land consists of:
I. PRIMARY RIGHTS, that is rights that is directly given by the Country (government) to each right owner to land intended, consists of:
a. Hak Milik (Right of Ownership)
b. Hak Guna Usaha (HGU) or Right of tenure by long lease
c. Hak Guna Bangunan (HGB) or Right to Build
d. Hak Pakai (right to use)
II. Secondary Rights, that is rights bearing from agreement between land owners with the right owner, consists of:
a. Hak Sewa (Leasehold)
b. Hak Membuka Tanah (Exploitation)
c. Hak Memungut Hasil Hutan (Rights Collects Result Of Forest)
d. Other rights of which is not included in above mentioned rights, which will be specified with act or jurisdiction and rights that is in character while that is Mortgage (In Indonesia now called as “Hak Tanggungan”: based on Act No. 4/1996)
2. land right SUBJECT having the character of PRIMER, consists of:
a. Hak Milik (Right of Ownership) based on article 21 of UUPA:
-Indonesia Citizen ( WNI)
-Indonesia Legal Entity/Company what specified by Peraturan Pemerintah
b. Hak Guna Usaha (Rigth Of Tenure By Long Lease)
based on article 30 section 1 of UUPA), can be owned by:
-Indonesia Citizen (WNI)
-Indonesia Legal Entity/Company building according to Indonesia law and domiciles in Indonesia
c. Hak Guna Bangunan (right to build) based on article 36 section 1 UUPA can be owned by:
-Indonesian citizen (WNI),
-Indonesia Legal Entity/Company incorporate/build according to Indonesia law and domiciles in Indonesia
d. Hak Pakai (right to use) based on article 42 of UUPA
juncto article 39 PP No. 40/1996, can be owned by:
-Indonesia Citizen ( WNI)
-Foreigners who domiciles in Indonesia in certain times
-Foreign company that establish/incorporate under the Indonesian Law
-Foreign Company that having its representative in Indonesia
-Department, Governmental Agency Non Department and Local government
-Social and religious organizations
-Representative of Foreign state and representative of Internasional organization
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