01 April 2020

Issuance of The Latest Regulation on Land Technical Analysis

Ministry of Agrarian Affairs and Spatial Planning has issued the latest Regulation No. 27 of 2019 in order to accelerate and improve the implementation of various technical analysis of land.

| Margaret Rose

The Government of the Republic of Indonesia, through its Minister of Agrarian Affairs and Spatial Planning, has issued the latest regulation regarding Technical Land Considerations, Regulation Number 27 of 2019 (“Regulation 27/2019”), which is an amendment to the previous Regulation Number 15 of 2018 (“Regulation 15/2018”) regarding the same. Regulation 27/2019 was issued in order to accelerate and improve the implementation of various technical analysis of land land which shall be conducted through the Online Single Submission (“OSS”) system.

Land Technical Analysis shall be granted with relation to the following events:

  1. An approval / rejection of a Location Permit;
  2. An affirmation of the status and recommendation of an accreted land (Tanah Timbul) authorization; or
  3. Change to the land utilization

The Regulation extends the scope of coverage of Technical Analysis of Land,  to include the following:

  1. Individuals;
  2. Non individuals, consisting the following entities:
  • Limited Liability Companies (Perseroan Terbatas);
  • Public Companies (Perusahaan Umum);
  • Regional Public Companies (Perusahaan Umum Daerah);
  • Other legal entities owned by the state;
  • Public Service Agencies (Badan Layanan Umum);
  • Broadcasting Institutions (Lembaga Penyiaran);
  • Business entities established by foundation;
  • Cooperatives (Koperasi);
  • Limited Partnerships (Commanditaire Vennootschap/CV);
  • Firms (Firma); and
  • Civil Partnerships (Persekutuan Perdata).

Further, the Regulation states that Technical Analysis of Land is not required upon the following conditions :

  1. In the event that the land of business location is in accordance with its allotment, based on the spatial design; or
  2. The requested location is within a strategic land program.

In comparison, the previous Regulation 25/2018 did not regulate this matter, resulting in all types of conditions to be subjected to Technical Land Considerations.

Technical Land Considerations are granted in several stages, as follows: Application, Site Visit, Data Analysis, Discussion, Compilation of Minutes and Land Mapping, and Issuance of the Considerations. The issued Considerations shall contain the following information :

  1. The Applicant’s identity;
  2. Number and date of the Technical Land Considerations;
  3. Business Identity Number (“NIB”) and date of the Location Permit issuance;
  4. Location and coverage area of the requested location;
  5. The approved or rejected covering area;
  6. Current Land utilization;
  7. Land UtilizationPlan;
  8. Land Utilization Terms and Condition; and
  9. Directives on land area fuction in accordance with the regional regulation regarding Spatial Plan.

 This regulation has been in force since 8 November, 2019.

More Newsletter

Indonesian Supreme Court, Attorney General and Ministry of Law and Human Right have signed a Cooperation Agreement to implement hearings through teleconference due to COVID-19.
Our Arbitration Series Newsletter this time delves into the Sub-Sector of Sports Arbitration in Indonesia. Read more about them herein below.
The new Indonesia-Singapore Bilateral Investment Treaty (“New BIT”) has entered into force. This New BIT replaces the 2005 Singapore-Indonesia BIT which expired on 20 June 2016.