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PRESENTATION MATERIAL
REGARDING
LAND ACQUISITION

Table of Content:
A. THE DEFINITION OF RIGHT ON LAND.. 2
B. PROCEDURES TO AQUIRE LAND... 3
1. PROCEDURES TO OBTAIN TECHNICAL CONSIDERATION OF LAND.. 4
2. PROCEDURES TO OBTAIN LOCATION PERMIT.. 5
3. LAND ACQUISITON PROCEDURE (explained in subsequent documents (Microsoft Excel 2. Land_Acquisition_Procedures_Part_2)) . (Next doc.)
C. LIST OF REQUIRED DOCUMENTS TO ACQUIRE LANDS.. 7


























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A. THE DEFINITION OF RIGHT ON LAND

Based on Government Regulation No. 24 Year 1997 concerning Land Registration
Tanah Negara
Article 1 Point 3
Stated-owned Land or Land that directly controlled by State is land that have not owned by Right upon land
(in Indonesian: Tanah Negara atau tanah yang dikuasai langsung oleh Negara adalah tanah yang tidak dipunyai dengan sesuatu hak atas tanah)

Based on Law No. 05 Year 1960 concerning Basic Regulation on Agrarian Principle
Right of Cultivation
Article 28 (1)
A Right of Cultivation Use is a right to work on land directly controlled by the State for a period of time as referred to in Article 29 which for use by an agricultural,
fisheries or animal husbandry company
Note: This kind of right shall not used for mining business field
Right to Build
Article 35 (1)
Right to Build is a right to construct and possess buildings on land which is not ones own for a period of at most 30 years.

Article 35 (2)
Can be extended for at most 20 years
Right to Use
Article 41 (1)
A Right to Use is a right to use, and/or to collect produce from, land directly controlled by the State or land owned by another individual (tanah milik) which grants
authority and obligations as determined in the relevant right-granting decree by the official who is authorized to grant it or as determined in the agreement with the
owner of the land, where the agreement is not a land-lease agreement or land-exploitation agreement, given that everything is possible as long as it does not
contradict the spirit and provisions of this Law.
Article 41 (2)
a. For a definite term, or for as long as the land is used for a specific purpose
b. For free, for a certain payment, or for any kind of service
Mining Term
Article 8
On the basis of the States right of control referred to in Article 2, the acquisition of the natural resources which are contained in the earth, water, and airspace is to
be regulated

Elucidation of Article 8:
Since Article 4(2) provides that land rights entitle the holder only to the surface of the soil/earth, the powers generated from land rights do not affect the natural
resources found inside the earth, water, and airspace. Hence, the taking of such natural resources requires separate regulations. The said provision serves as a
basis for mining and other legislation



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B. PROCEDURES TO AQUIRE LAND
Legal Basis:
1. Law No. 05 Year 1960 concerning Basic Regulation on Agrarian Principle (Law No. 05 Year 1960)
2. Government Regulation No. 24 Year 1997 concerning Land Registration (PP No. 24 Year 1997)
3. Agrarian Minister of State Regulation/Head of The National Land Agency No. 02 Year 1993 concerning Procedures to Obtain Location Permit and Right of Land for
Company in order to Investment (PMNA No. 02/1993)
4. Agrarian Minister of State Regulation/Head of The National Land Agency No. 02 Year 1999 concerning Location Permit (PMNA No. 02/1999)
5. Agrarian Minister of State Regulation/Head of The National Land Agency No. 09 Year 1999 concerning Procedures of Granting and Cancelation of Right of State-owned
Land and management right (PMNA No. 09/1999)
6. Head of The National Land Agency Regulation No. 02 Year 2011 concerning Guidelines of Technical Consideration of Land in order to Obtain Location Permit, Location
Determination, and Land Use Change Permit (PMNA No.02/2011)




















1.
Technical Consideration of Land
(based on PMNA No.02/2011 )
2.
Location Permit
(based on PMNA No. 02/1993 & PMNA No.
02/1999)
3.
Acquring Land
Submit the application to the Head of BPN
through the Head of Land Office within land
area (based on PMNA No. 09/1999)
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1. PROCEDURES TO OBTAIN LAND TECHNICAL CONSIDERATION
Legal Basis:
Head of The National Land Agency Regulation No. 02 Year 2011 concerning Guidelines of Technical Consideration of Land in order to Obtain Location Permit, Location
Determination, and Land Use Change Permit (PMNA No.02/2011)




Required Documents to Submit
Application of Technical
Consideration of Land:
1. Application Form
2. Company Identity:
Business License
Deed of establishment
and amendment of
Article of Association
3. Sketch of applied location
4. Proposal of activity Plan
Land usage plan
The stage of
development plan
5. Foreign capital investment
approval
6. Principle License for State-
owned land
7. Statement Letter of Land
that has been acquired by
applicant or companies







Acceptance and
Verification
Application
Documents
Payment of Service
Charge
Land Survey
The research process,
data processing and
issuance of Technical
Consideration of
Land
Submission of Land
Use Consideration to
Applicant and
Governor
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2. PROCEDURES TO OBTAIN LOCATION PERMIT

Based on:
1. Agrarian Minister of State Regulation/Head of The National Land Agency No. 02 Year 1993 concerning Procedures to Obtain Location Permit and Right of Land for
Company in order to Investment (PMNA No. 02/1993)
2. Agrarian Minister of State Regulation/Head of The National Land Agency No. 02 Year 1999 concerning Location Permit (PMNA No. 02/1999)



Shall attach:
a. Notification approval from
President for PMA Company (Article
2 PMNA No. 02/1993)
b. Technical consideration of Land Use
(Article 6 (1) PMNA No. 02/1999)
c. Copied to: Regional head office,
Capital investment Coordinating
Board, Regional Development
Planning Agency Stage II (Article 2
PMNA No. 02/1993)

Shall issued by:
Head of Land Office (Article 3 (1)
PMNA No. 02/1993)
Copied to: regent/municipality
mayor, Regional head office, Capital
investment Coordinating Board,
Regional Development Planning
Agency Stage II (Article 2 (3) PMNA
No. 02/1993)
Shall issues the Head of Land Office
Decree upon the Location Permit
Application by no later than 12
working days from the acceptance of
complete application (Article 3 (2)
PMNA No. 02/1993)

Shall be submitted by no later than 10
working days before the validity period of
Location Permit expired, and also the
reason of extension (Article 4 PMNA No.
02/1993)
Head of land office shall issues the
Decree of Location Permit extension
no later than 10 working days from
the acceptance of the complete
Extension Application (Article 4
PMNA No. 02/1993)
Copied to: regent/municipality
mayor, Regional head office, Capital
investment Coordinating Board,
Regional Development Planning
Agency Stage II (Article 4 PMNA No.
02/1993)
Based on Location Permit, Company
allowed starting the Land
Acquisition (Article 3 (4) PMNA No.
02/1993)

Location Permit granted for 12
month and shall only extended for
once for 12 month (Article 3 (5)
PMNA No. 02/1993)
Location Permit Period for Total
Area more than 50 Ha shall be valid
for 3 Years (Article 5 (1) PMNA No.

Submit Application
to Head of Land
Office
Head of Land Office
Decree upon the
Location Permit
Submit Application
to extent
Decree of Location
Permit extension
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02/1999)

Holder of Location Permit shall
report to periodically every 3
month to the Head of Land Office
regarding the land acquisition that
has been obtained based on
Location Permit and the
implementation function of such
land (Article 9 PMNA No. 02/1999)

Decree of Location Permit shall be
signed by Regent/municipality
mayor (Article 6 PMNA No. 02/1999)

The material consideration for
Decree of Location Permit shall be
arrange by Head of Land Office
(Article 6 PMNA No. 02/1999)
Further provision shall be
determined by Regent/municipality
mayor (Article 7 PMNA No.
02/1999)



























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C. LIST OF REQUIRED DOCUMENTS TO ACQUIRE LANDS

List of Required Documents to Acquire Lands
No. Documents Remarks Status
1 Location Permit Issued by Head of Land Office and if the Regional
Government determined its own regulation than shall
be issued and sign by Regent/Municipality Mayor
(Article 7 PMNA No. 02/1999)

List of Required Documents to Obtain Location Permit
Legal Basis:
PMNA No. 02/1993
PMNA No. 02/1999
1 Application to Head of Land Office, and shall attach: Form of Application, Attach 1
a. Notification approval from President for foreign
investment Company / Foreign capital
investment approval

b. Sketch of Land that Applied
c. Project plan proposal
d. Information of Current Usage
e. Form of Application
Legal Basis:
PMNA No.02/2011
2 Technical Consideration of Land:
Minutes of Land Use Consideration
Maps of Land Use Consideration
Includes term and condition of Land Use and Issued by Head of Land Office
Required Documents to Submit Application of
Technical Consideration of Land:

a. Application Form
b. Company Identity:
Business License
Deed of establishment and amendment of
Article of Association

c. Sketch of applied location
d. Proposal of activity Plan
Land usage plan
The stage of development plan

e. Foreign capital investment approval
f. Principle License for State-owned land
g. Statement Letter of Land that has been acquired
by applicant or companies