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Agrarian

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Agrarian means land and other object related to land.

Indonesian agrarian law is generally provided by Law Number 5 of 1960 Regarding General Principle Regulation of Agrarian (“Agrarian Law”). The Agrarian Law acknowledges the existence of traditional law as basic of Indonesian agrarian law. Thus, it makes various agrarian law prevails in various area of Indonesia depending on its traditional law as long as not contrary to the Agrarian Law.

There are many types of land right which are ownership right, using right, right to build, right of exploitation, leasing right, and other derivative right thereto.

Ownership right is a long-lasting right to use of land and may only be possessed by individual of Indonesian citizen and certain government body or institution.

Using right is the right to use and exploit land which gives the authority and obligation specified in the decision to grant it by the authorized authority to grant it.

Right to Build is the right to build and own buildings on land that is not his own, with a maximum term of 30 years. At the request of the right-holder and bearing in mind the needs and condition of the buildings, the time period can be extended with a maximum period of 20 years.

Right to exploit is the right to cultivate land that is directly controlled by the State, for agricultural, fisheries or livestock business.

All the above-mentioned rights can be guaranteed for security of debt by encumbering Hak Tanggungan to the rights of land.

Our Lawyers have experiences handling various of agrarian matters such as certification of land right, land acquisition, drafting of various documents of land developing (housing, apartment, and other infrastructure) related, encumbering Tanggungan Right (Mortgage Right), execution of land security, and representing clients in land disputes at court.