LEGALITY OF LAND IN INDONESIA

How to avoid all the risks that arise at the beginning before doing the buying and selling of land / houses in Indonesia 

INTRODUCTION

Introduce before I was a legal consultant from the Law Office "Iwan CN & Partners' office on Jl. Petemon II/144-A Surabaya engaged in legal consulting services. I would like to channel the science and knowledge that I have had to the general public especially the middle class who need legal services particularly around the field of Land, therefore, through this blog site www.iwancn-legalconsultant.blogspot.com please for anyone who wants can ask provide commentary and God willing I will answer through this blog. For those of you who wish to consult in person (not open to the public), it can be asked via my personal email iwannugraha10@gmail.com or BB PIN 7D23975B or directly via HP. 081331057673 (just outside of working hours except Saturday & Sunday) , but because of the personal nature of course there is the cost of its own.

Each of you would want to own a house or land that can be used as a residence or for future investment, right? Yes it is clear who does not want to have their own home with many amenities inside as cars, home appliances and others, in addition to the current land investment is also still much in demand by the public for the price of land has increased every year for sure so many people are rushing gathering and want to buy land just to invest or to sell back a few years later with the advantage that almost two (2) times.

Do you think the land purchase as easy as buying and selling of goods in general? Oh no, it's not as easy as boss hehehe ... because it is here we must be extra careful every time they perform a transaction on the ground objects because many cases after we bought the land we want in the future turns out there are people who claim or demand that the land we have also bought hers even with the evidence of land ownership is more perfect than the evidence of ownership of land that we have. Now hit the stone tablets deh!!! I do not scare you, instead we want to help you in order to avoid buying a house / land dispute which turned out later of course limited by the knowledge and experiences we've had so far.

As you all know that not all of the lands in Indonesia are already certified, there are many whose status is not yet certified as girik, Letter C, D Petok, Letter Ijo (only in Surabaya), customary land and so forth. Therefore, the letter was the diversity of forms of land in Indonesia, then we have to be careful, especially in making transactions on lands that have not been certified. In addition there are many more we encounter other problems, for example in the community to land inheritance, how to keep the future heirs of the inheritance of land not fight each other even some extreme cases among heirs could kill one another in order to obtain inherited land really ... very, very unfortunate if it happens to a family environment around us.

TIPS TO BUY LAND

A. Land Non-Certificate

Petok D

If you are going to buy the land for example certificate of non Petok D, Letter C, etc. then the first thing you check is bringing his D Petok letter to the office vending village / local district to check whether the seller is registered in the name of a great book / holding the soil in The village office. If his name is not listed then the letter D Petok arguably false.

Actually Petok D alone is not proof of legal ownership of the land, just as proof that the holder has to pay taxes on the land. Therefore, the power law is very weak when compared with the Certificate so I suggested to shift the evidence right from the seller to the buyer not only in the form of a receipt or sale of securities under the hand but made a Sale and Purchase Agreements (AJB) via local PPAT, this is because for later Certificates can be administered to the BPN.

Letters Ijo

Ijo letter is just a lease agreement between the tenant with the Surabaya City Government with a certain time period and can be extended as long as the land is not used by the City Government of Surabaya. Ijo letter is only found in Surabaya alone and there is no outside Surabaya.

B. Land Certificate

Certificate of Ownership

For the first time the land certificate that you check the original certificate is to bring together seller to the local BPN office for dilalkukan "clean check", the result of net checks usually the BPN will provide stamp with the words "have been checking in BPN" along with the date penegecekan page sheet transition in the certificate or issue a Certificate of Land Ownership (SKKT). Meaning itself is clean check to determine whether the data in the certificate together with the existing data in the BPN, if still the same (evidenced by a stamp or SKKT above) then the certificate safe means dual ownership does not occur or is in dispute with the other party.

Certificate Broking

To ground the HGB first time that you check is the validity period of the HGB is already expired or not. The validity period SHGB itself is 30 years extendable another 20 years according No. BAL. 5 Th 1960 Article 35 paragraph 1 & 2.

PAY ATTENTION !

It should be noted also, would buy the land if either Petok D or Certificate of Ownership for use as a residence / business / office / business then first check whether the status of the land in a letter written paddy land / farm or garden soil. If it still says paddy land / farm then had to take care of the land use change permit local BPN first so that the land can be used as a residence / business / office / business etc.. 

To prove that the certificate has been carried out land use change permission / drying of agricultural land to garden soil so you can check on the measurement certificate if the certificate page. If the writing is still farmland or rice is not yet done it but if written permission soil drying yard then means it's done drying license or usually on page sheet transition in the certificate it says that the status of the land BPN has turned into dry land / yard.  

To be continue..