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Act No. 5 Of 1960

Original Language Title: Undang-Undang Nomor 5 Tahun 1960

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ADDITIONAL
STATE SHEET RI

No. 2043 (Explanation Of 2007 State Sheet Number 104)


EXPLANATION MEMORY
Above
THE DRAFT AGRARIAN BILL.

A. GENERAL EXPLANATION.


I. The Purpose Of The Agrarian Principle Act.
Within the State of the Republic of Indonesia, which is the fabric of the life of its people, including its economy, especially still being agrarian, earth, water and space, as the gift of the Almighty God has a very important function to build. a fair and prosperous society as we aspcitate.
In that current Agrarian law, which is supposed to be one of the most important tools to build such a fair and prosperous society, turns out to be even the opposite, in many ways it's an obstacle from the inside. It's the top of the line. It was due primarily:
a. Because of the current agrarian law, this is a part of the purpose and the joints of the colonial government, and others are influenced by it, as opposed to the interests of the people and the State of the Union. the construction of the universe in order to complete the national revolution now;
B. For as a result of the laws of the government, the agrarian law is of dualism, which is the rule of law by the law of the law, which is based on the laws of the West, which is based on the laws of the West, which is the law of the law. In addition to the difficulty of the nation's unity, it is not for the ideals of the unity of the Nation;
c. because for the native people of the colonial agrarian law it does not guarantee the certainty of the law.
Since then there is a need for a new agrarian law, which is to replace the current law, which is no longer dualist, which is simple and that guarantees legal certainty for all Indonesians.
The new agrarian law has to give the possibility of the functions of the earth, water and space as intended above, and must conform to the interests of the people and the State and fulfill its needs according to the demand of the age. In all the agrarian stuff. Other than that of the national agrarian law must embody the manifestation of the sacred azas, the State and the ideals of the Nation, namely the Almighty God, the humanity, the Nationalities, the Social Justice and the Social Justice and especially must be the the execution of the provisions of article 33 of the Basic Law and the Great Garoutline of the State of the Bow of the Republic of Indonesia on 17 August 1959 and affirmed in the Presidential Speech on 17 August. 1960.
In conjunction with all that, the new law is the joint and the provisions need to be drafted in the form of a law, which would be the basis for the drafting of other rules.
Indeed, the law is no different than any other law-which is a regulation made by the Government with the approval of the People's Representative Council-but given its nature as a fundamental rule for agrarian law. The new ones, the ones that are contained are the azas and the problems in the outline alone, and hence the Agrarian Pokok Act. It will be set up in various laws, regulations of the Government and other regulations. Thus, the sole purpose of the Agrarian Pokok Act is:
a. laying the foundations for the drafting of the national agrarian law, which will be a tool for bringing prosperity, happiness and justice to the State and the people, especially the peasantry, in the framework of a fair and prosperous society.
B. Put the basics down to hold unity and simplicity in the lawless law.
c. lay the foundations for providing legal certainty regarding the rights of the land to the people entirely.

II. The fundamentals of the national agrarian law.
(1) First the foundation of the neutrality is laid in section 1 paragraph 1, which states, that: "The whole region of Indonesia is the unity of the land-the water of all the people of Indonesia, which are united as an Indonesian nation" and chapter 1 paragraph 2 of Indonesia. it reads that: " All the earth, water and space, including the wealth of nature contained within the territory of the Republic of Indonesia as the gift of the Almighty God, is the earth, water and space of the nation of Indonesia and is a wealth of national ".
This means that the Earth, water and space within the territory of the Republic of Indonesia, which is independent of the nation-as a whole, is the right of the Indonesian nation, so it is not solely the right of its owners. Likewise, the land of the land and the islands are not equal to the right of the people of the land or of the island. The people of Indonesia with the earth, the water and the space of Indonesia are some of the highest level of relationship rights, which is at the level of the whole country.
The relationship between the people and the earth, the water and the space of Indonesia, is the eternal relationship (chapter 1 verse 3). This means that as long as the people of Indonesia are united as Indonesians still exist and as long as the earth, water as well as the space of Indonesia is still there, under no circumstances is there any power that will be able to decide or Negate the relationship. Thus even though today the West Irian region, which is part of the earth, water and space of Indonesia is under the rule of the occupiers, on the basis of the provisions of this section of the passage according to the law remains the earth, the water and the Indonesia's space is also.
As for the relationship between the people and the earth, the water and the space are meaningless, that the property of the individual over the earth is no longer possible. Above has been put forward, that the relationship is a kind of relationship rights relationship, so it doesn't mean a relationship belongs to it. In order to the right of authority, there is a right of personal property. It may be confirmed that in the newly recognized agrarian law, the property of a person can be either alone or together with other people on the part of the earth of Indonesia (chapter 4 of yo section 20). In that it is only the surface of the earth, which is called the land, which one can be judged by.
In addition to the right of belonging to hereditary, strongest and full rights of land, the rights of the businesses, the rights of the buildings, rights, rent rights, and other rights shall be established by another Act (chapter 4 of yo). 16).
How the rights of such rights in relation to the nation's rights (and the State) will be deciphed in number 2 below.
(2) " Azas domein .. which is used as a basis rather than agrarian legislation derived from the Government of the colonies is not known in the new agrarian law.
Azas domein is contrary to the consciousness of the Indonesian people ' s laws and the azas of the independent and modern State.
In conjunction with this, the azas, which is expressed in various "domein statements", i.e., in chapter 1 Agrarisch Besluit (S. 1870-118), S. 1875-119a, S. 1874-94f, S. 1888-58 abandoned and the domein statements were revoked. Back.
The agrarian law of the foundation is based on the foundation, in which to achieve what is specified in section 33 of the Constitution of the Constitution of the Constitution does not need and it is not in its place, that the Indonesians or the State acts as the owner of the Constitution. Land. It is more appropriate that the State, as the organization of power from all the people, acts as the Sovereign's Body. From this angle it must be seen as to the meaning of the provisions in chapter 2 of 1 which states, "Earth, water and space, including the wealth of nature contained therein, at the highest level controlled by the State". In accordance with the base of this establishment above the word "controlled" in this chapter it is not "possessed", but it is the understanding, which authorizes the State, as the organization of the power of the Indonesian people, to the point of being a member of the country. highest level:
a. set up and host its use, use, inventory and development.
B. define and regulate the rights that can be cheted over (part of) the earth, water and space.
c. determining and regulating hukkum relations between the people and the laws of the laws concerning the earth, water and space.
Everything is with the purpose: to achieve the great prosperity of the people in the order of a fair and prosperous society (chapters 2 of 2 and 3).
As for, the power of the State that is intended is about all the earth, water and space, so it is good to be judged by one person or not. The power of the State about the land which is already in the hands of a man with a right is limited by the content of that right, it means until just how much power to power it is to use its right until it is the limits of the power of " the State. As for the contents of those rights as well as its supervising rights are stated in section 4 and subsequent chapters and the chapters in BAB II.
The power of the State of the land which is not infested with something of the right by someone or the other is more widespread and full. In order that they may be able to give such a land to a person or to the law, for the purpose of the right, for example, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, rights, Use or use it in the management of a Master's Body (Department, Office or Swatantra Area) to be used for the execution of their respective duties (section 2 paragraph 4). In this the power of the State of the land is little or much limited by the unity of the people of the law, as long as it is in fact that the right of the ulayat is still present, which will be further elaborated in number 3. on-down.
(3) Bertalian with the relationship between the nation and the earth and the water and power of the State as referred to in chapter 1 and 2 then in chapter 3 it is held provisions regarding the unity of the unity of the laws of the law, which is meant to be Put that right to a place that's natural in this adult country. Article 3 it determines, that: " The exercise of equal rights and similar rights of the customs-the customary law society, as long as the reality is still there, must be such that it corresponds to the national and state interests, which are in fact. based on the unity of the nation as well as not to be contrary to the laws and regulations of the other higher ".
This provision first comes to the recognition of the existence of the new agrarian rights in the new law. As for the judgment of the judges, they have not been formally recognized in the law, as they are in the works. The agrarian rule of the ulayat rights in the colonial era was often ignored. According to the law of the Code of Agrarian, which is the right of the law, as it is in fact, it is in fact that it is still in the right hand. The legal society is concerned. For example, in the gift of the right of the land (for the purpose of the use of the law), the law of the law. It will be heard from his earnings and will be given "recognitie", which he is entitled to accept as holding the rights of the ulayat.
But it is not lawful for you to do so, but it is not lawful for you to do so, but if it is lawful for you, it will be for the benefit of the living. It is not lawful for you to be able to do such a thing, and to carry out large and large, and to carry out large and undoing projects. It adds to the food and transportation of the population. The experience suggests that the construction of the areas itself is often hampered by the difficulty of the rights of the ulayat. This is what is the second base of the mind of the provisions of section 3 above. The importance of the legal society must be subject to the broader national and state interests and the rights of its implementation must conform to the wider interest of it. It cannot be justified, if in this adult country something the legal society still retains its content and the exercise of its right of authority, as if it irrespective of its relationship with society-the legal society and the Other areas in the state environment as a force. This attitude of light is contrary to the underlying azas listed in chapter 2 and in practice it will bring about the great effort of great efforts to achieve the prosperity of the people.
But as it has been clear from the above description, this does not mean, that the interests of the legal society concerned will not be noticed at all.
(4) The fourth base is placed in section 6, i.e. that "All rights to the land have a social function".
This means that the right to the land which is on a person is not justified, that it should be used (or not used) solely for its personal benefit, especially if it poses a loss to it. Society. The use of the land must be adapted to its state and its nature rather than its right, until it is beneficial for both the welfare and happiness that it has and is beneficial to the people and the State.
But in that provision it does not mean that individuals ' interests will be pushed back at all by the common interest (society). The Agrarian bill is concerned with individual interests.
The interests of the people and the interests of the individual must counterbalance, to the end, the underlying purpose: prosperity, justice and happiness for the people entirely (chapter 2 verse 3).
It is true that the land should be kept in good hands, so that it may increase its fertility and be prevented from the damage. The duty of keeping this land is not only charged to its owner or its rights holder, but rather a burden on any person, legal or agency that has a legal relationship with that land (article 15). In carrying out these provisions would be noticed by the interests of the weak economically weak firights.
(5) In accordance with the azas of the nationality in chapter 1, according to article 9 yo article 21 paragraph 1 only Indonesian citizens alone may have rights to the land, property rights cannot be held by foreigners and transfer of property rights to the people of the country. Foreigners are forbidden (article 26 paragraph 2). Foreigners can have land with limited use rights. Likewise, the bodies of the law cannot be entitled to property (article 21 paragraph 2). As for the law of the law, it is not lawful for you to have a right to be given to the law. Its special needs (the rights of use, the rights of the buildings, the right of use according to section 28, 35 and 41). Thus it can be prevented by attempts to avoid the provisions of the maximum extent of the land that belongs to the property (section 17).
While the laws of the law cannot possess the property of the land, but given the need for a society that is closely related to the religious, social and economic relations, then there is a way. "escape-clause" which allows certain legal bodies to have property rights. With this "escape-clause", it is sufficient that there is a need for a right to be entitled to something or manner of law given by the Government, by designating it as a legal entity that can be entitled to a legal entity. property rights to the land (article 21 paragraph 2). Legal bodies engaged in social and religious courts were appointed in section 49 as bodies that could have possession of the land, but as long as the land was necessary for its efforts in the social and religious sphere. In those things that are not directly related to that field they are considered to be ordinary legal entities.
(6) Then in conjunction with the azas of the nationality above is determined in chapter 9 verse 2, that: " All citizens of Indonesia both men and women have the same opportunity to acquire something right to the land. as well as for benefits and results, both for both oneself and the family ".
In this case, there is a need for a weak citizen to be protected against a powerful nation-state whose economic position is held. Thus, in section 26 paragraph 1 is determined, that: "Sell, exchange, ensign, grant with will and other works intended to move the property and its supervision are governed by the Rules of the Government". This is what will be a tool to protect the weak factions that are meant to be.
In that relationship can be appointed to the provisions contained in section 11 paragraph 1, which intends to prevent the occurrence of life and other people's work beyond the limits in the areas of the agrarian endeavour. Contrary to humanity's social justice azas. All joint ventures in an agrarian field must be based on common interests in the framework of national works (section 12 paragraph 1) and the Government is obliged to prevent individual organizations and businesses within the agrarian field. which is a private monopoly (section 13 paragraph 2).
It is not only a private effort, but also the government's monopoly efforts must be prevented from not harming the people. Therefore, the Government of the Monopoly can only be held with the invite-invite (section 13 paragraph 3).
(7) In chapters 10 verses 1 and 2 are formulated an azas in which this adult is being the basis of change-changes in the structure of the land almost all over the world, i.e., the state of the state that has been/is hosting what is called A "landreform" or "agrarian reform" is that, "The land of the farm should be worked or cultivated by its own owners".
In order to allow this motto to be realized the need for other provisions is to be held. For example, there needs to be a provision about the broad minimum limits of land that the peasantry should have, in order for him to earn enough income for himself and his family (chapter 13 yo section 17). There is also a provision of the maximum extent of land that is allowed to be entitled to property (chapter 17), in order to be prevented from the fall of the land in the hands of certain classes. In this relationship, chapter 7 contains an important azas, namely that the possession and control of the land beyond the limit is not held, as such is detriing to the common interest. And the seed and the seed of the earth, and the seed, and the seed, and the seed, and the seed, and the seed, and the seed, and the seed, and the seed, and the seed, the seed, and the seed, and the seed, other people.
In that way, given the order of our agricultural society, as it is now, the future will still need to open the possibility of the use of agricultural land by people who are not their owners, for example. Rent, share, pawn, et cetera. But all these other rules, which are to prevent the laws of the law which are the oppression of the strongmen (chapters 24, 41 and 53). For example, for example, the use of the land on the basis of rent, and the covenant of the law, and the covenant, and so on it shall not be given to the consent of the self-interested parties on the basis of the freefight, but the ruler shall give. The provisions of his ways and terms, in order to fulfill the judgment of justice and preventable blackmail ways ("exploitation de l-' homme par l' homme"). As a mitsal can be put to terms in the 1960 Act No. 2 of the "Agreement for the Results" (L.N. 1960-2).
The provisions of article 10 of this paragraph are azas, whose implementation still requires further arrangement (paragraph 2).
In the circumstances of our requirements as this is now the rule of execution, it may still be necessary to open up the possibility of being compensated. For example, a civil servant for his old days ' supply had a land of one or two acres and was unable to make his own work, but would have to be possible to continue to own the land. As long as it can be passed on to others to be carried out with a lease agreement, a result and so on. But after he did not work again, for example after his retirement, the land had to be carried out on a peacup of his own. (verse 3).
(8) Finally to achieve what the ideals of the nation and the State are above in the agrarian field, there needs to be a plan ("planning") Regarding the purpose, use and supplies of the earth, water and space for various living interests of the people and the State: The General Plan ("National planning") which encompasses all of Indonesia, which is then detailed into the plans. special ("planning regional") of each region (section 14). The use of land can be carried out on a regular basis until it can bring great benefits to the State and the people.

III. The basics of holding unity and the simplicity of the law.
The basics of achieving such goals are evident in the provisions contained in Chapter II.
(1) As it has been explained above the agrarian law now it has the nature of "dualism" and holds the distinction between the rights of the land according to the laws of customs and the rights of the land according to the western laws, which are subject to the provisions of Book II. Civil Code of the Indonesian Civil Code. The Principal Agrarian Act intended to eliminate the dualism and to consciously hold the unity of the law, in accordance with the wishes of the people as a one and as well as the interests of the economy.
By itself the new agrarian law had to fit the legal consciousness rather than the people of many. Since the people of Indonesia are mostly subject to customary law, the new agrarian law will be based on the provisions of the customary law, as the original law, which is refined and adapted to the interests of the people of Indonesia. The people in the country are modern and in relation to the international world, as well as being adapted to Indonesian socialism. As it was accepted, the customary law in its growth was not in spite of the political clout and colonial society that was capitalistically and the feudal swapraja society.
(2) In organizing the unity of the law, the Pokok Agrarian Act did not close the eyes to the still the difference in the state of society and the legal purposes of the peoples. Since it is determined in chapter 11 verse 2, it is: "The difference in the state of society and the prejudicial of the people's class laws where necessary and not contrary to the national interest is noticed". The distinction is based on the common people, for example, the difference in the laws of the people of the city and the people of the village, as well as the people whose economies are strong and the people who are weak in their economy. It is then determined in the next verse, that it is guaranteed protection against the interests of the weak economic group.
(3) With the hapless distinction between its laws and the western laws in the field of agrarian law, then the intent to achieve, the simplicity of the law in its nature will be organized anyway.
As it has been explained above, in addition to the right of belonging to the hereditary, most powerful and most powerful right of the land, the new agrarian law knows the rights of the land, according to the customary law as the so-called " in section 16 paragraph 1 of the letter d up to g. As for the sake of fulfilling the needs of our society, it is now held in two new rights, namely the right of use (for agricultural companies, fishing and livestock) and the right of the buildings (to establish a building on people's land). any other) section 16 paragraph 1 of the letter b and c).
As for the rights that existed on the start of the Act, all of them would be made to the convention to be one of the new rights under the Agrarian Code.

IV. The basics for holding legal certainty.
An effort led to the certainty of the right of the land was revealed from the provisions of the provisions of the provisions of the registration of the land. Articles 23, 32 and 38, are addressed to the holders of the rights concerned, with the intent that they obtain certainty about the rights of it. Article 19 is addressed to the Government as an instruction, in order for the entire region of Indonesia to be called "rechts-kadaster" land registration, meaning that it guarantees legal certainty.
As for the registration, it will be held in view of the interests and state of the State and the community, the economic and economic needs of the economy and its possibilities in the area of personnel and equipment. Therefore, it would take place in cities to be slow to increase on cadasters covering the entire country.
This shall be the law of the incumbent, and Allah is the All-All-All-All-All-All-One-One-One (of the). Article 19 is addressed to the Government as an instruction; in order for the entire region of Indonesia to be called "rechts-kadaster" land registration, it means that it guarantees legal certainty.
As for the registration, it will be held in view of the interests and state of the State and the community, the economic and economic needs of the economy and its possibilities in the area of personnel and equipment. Therefore, the slow laun increases with the cadaster that includes the entire country's wilahah.
In accordance with its purpose is to provide legal certainty then the registration is mandatory for the holders of the rights concerned. If it is not required then the registration of the land, the light will require a lot of power, the device and the cost of it, would have no meaning at all.

B. EXPLANATION OF THE SECTION BY SECTION.

Section 1
It has been described in the General Explanation (II figure 1). In the Pokok Agrarian Act, the difference between notions.
earth "and" land ", as formulated in section 1 paragraph 3 and section 4 paragraph 1. The "land" is the surface of the Earth.
The expansion of the "earth" and "water" sense of understanding with space is concerned with the advancement of this adult thehnik and its possibilities in the future future.

Section 2
Already described in the General Description (II figure 2).
The provisions in verse 4 are concerned with economic azas and medebewind in the holding of regional governments.
The agrarian thing is in his nature and on azes is the duty of the Central Government (article 33 paragraph 3 of the Basic Law). Thus, the power to exercise authority over the land was to be medebewind. Everything will be held according to its needs and already goods are certainly not to be contrary to national interests. The authority in the agrarian field can be a financial source for that area.

Section 3
The "right of authority and equal rights" is what is in the library of the customary law called "beschikkingsrecht". Next look at the General Description (II figure 3).

Section 4
Already described in the General Description (II figure 1).

Section 5
Affirmation, that customary law was made the basis of the new agrarian law. Next look at the General Description (III figure 1).

Section 6
Not only belongs to the property but all rights to the land have a social function. This has been described in the General Description (II figure 4).

Section 7
Azas who confirmed his dissolution "groot-grondbezit" as described in the Common Explanation (II number 7). The limitation of these restrictions is further set up in section 17. Against this azas there is no exception.

Section 8
Do you not see the wealth of the earth in the earth, and that it is not in the heavens and the earth? Space. Therefore, the intended use of wealth requires its own arrangement. These provisions are the base for mining and other legislation-others.

Section 9
Verse 1 has been described in the General Description (II figure 5).
The provisions in paragraph 2 are the result of the provisions in section 1 paragraph 1 and 2.

Section 10
It has been described in the Common Explanation (II figures 7). The words "on the azuits" point to the possibility of the exclusion of exceptions as being referred to in the General Explanation. But those exceptions need to be set up in the rules of the invitation (Compare the explanation of the use of the land owned section by not the owner is still possible by section 24, but it is restricted and will be arranged.

Section 11
This article incorporates the principle of protection to a weak-economic group against the strong. Such a weak economic group could be native to foreign descent. So did the opposite. View the General Description (III figure 2).

Section 12
The provisions in paragraph 1 are concerned with the provisions in section 11 paragraph 1.
Forms of joint effort that conform to these provisions are cooperative forms and other kinds of gotong-royong forms. The provisions of verse 2 give the possibility of a "joint effort" between the State and Private in the agrarian field. In question, the "other firights" is the local government, private or private businessmen with a "domestic capital" progresip.

Section 13
Verses 1, 2 and 3.
It is already described in the General Description (II figure 6).
The provisions in verse 4 are the implementation of the human-pericable social justice azas in the agrarian field.

Section 14
This article regulates the planning of supplies, the disservice and use of the earth, water and space as it has been put forward in the general explanation (II figure 8). In light of the country's economy, industry and mining will have an important role, and in addition to planning for agriculture, the need for industry and mining (1 letter d). and e).
The planning was not only intended to provide land for agriculture, livestock, fishing, industry and mining, but also aimed at masking it. The passage of the Regional Government regulations must be carried out in the framework of a general plan created by the Central Government and in accordance with the Central wisdom.

Section 15
It has been described in the Common Explanation ((II figure 4). The land is well-preserved, which is maintained according to the ways prevalent in the area concerned, in accordance with the directions of the Office of the Office concerned.

Section 16
This section is the implementation of the provisions of the provisions in section 4. In accordance with the azas laid out in section 5, that the National Law of the Law is based on customary law, then the determination of the rights to the land and the water in this section is based on the systematics of the customary law. In this case, the right to work and the right-to-be-building is held to meet the needs of this adult society. It should be asserted, that the rights to the attempt were not the erfpacht rights of the Book of the Civil Code. The right of the buildings is not an opinstalled right. The institution erfpacht and the opinstaller are abolished with the release of provisions in the Book to the II of the Code of Civil Law.
In it the customary rights of its nature are contrary to the provisions of this Act (chapters 7 and 10), but in conjunction with the current state of society it cannot be abolished in temporary nature and will be governed (verse 1 of the letter h) Yo. section 53).

Section 17
The provisions of this section are the execution of what is specified in section 7. The definition, the maximum extent shall be done in a short time with the rules of the invitation. The land which is the excess of the maximum limit will not be confiscated, but it will be taken by the Government with losses. These lands will be largely distributed to the people who need it. The damages to the former owners above shall be paid for by those who acquire the land. But they shall not be able to pay the price of the land in a short time, so the government shall be given credit, and other efforts, that the former owners may not be too long to wait for the money which is in the land. intended that.
The minimum limit does not mean that the people who have, less than that, will be forced to release the land. The minimum limit designation is first intended to prevent cleavage ("versplintering") Further ground. In addition, there will be efforts for example: transmigration, large-scale opening of land outside of Java and industrialization, to allow the minimum limit to be achieved gradually. He said, " The family is a husband, and his wife and his children are unmarried and the date is seven. Both men and women can be the head of the family.

Section 18
This article is a guarantee to the people regarding his rights to the land. The revocation of the right is possible, but bound by the terms, for example must be accompanied by granting of proper damages.

Section 19
This land registration will be held in a simple and easily understandable manner as well as run by the people concerned (See the General Description IV).

Section 20
In this chapter it is mentioned traits rather than property rights that distinguish it from other rights. Property rights are hk that is "strongest and full" that people can chew on the ground.
The granting of this property is meaningless, that the right is an absolute, indefinite and undisputed right " as the rights of the eigendom according to its original use. It is the nature of the law and the social functions of every right. The words "strongest and full" mean to distinguish it from the right of guna-usha, the right of the buildings, the right of use and the other, that is to point out, that among the rights of the land that the right person belongs to is "ter". (it means: most)-strong and fully full.

Section 21
Verses 1 and 2 are already described in the Common Explanation (II figure 5).
Do you not believe that you are in the way of God, and you are not the one to whom you do not have the right to do so? the transition of that right.
It is always clear that as long as the citizens of the citizens allow themselves in addition to their Indonesian citizenship, in terms of possession of the land he is distinguished from other Indonesian citizens.

Section 22
For example, the right to belong to the customary law is the opening of the land. Those ways will be set out in order not to happen things that harms the common interests and the State.

Section 23
It is already described in the General Description (figure IV).

Section 24
As an exception to the azas loaded in section 10.
Forms of relationships between the owner and the wearer are for example: rent, yield, wear or right-building rights.

Section 25
The property of this property remains in the hands of its owner. The owners of the land that require money can also (temporarily) mortgaged the land according to the provisions of article 53. In this case then the ground moves on the pawnholder.

Section 26
The provisions in verse 1 are already described in the General Description (II figure 6) with the aim of protecting the weak economically weak firights. In the Pokok Act, the difference is no longer between the original and the original, but the economically powerful and the weak. Such a powerful fihak could be an original or unoriginal citizen. What is called in paragraph 2 is the result of the provisions in section 21 of who cannot have the land.

Section 27
Land is delivered if it is intentionally not used in accordance with its circumstances or nature and purpose rather than its right.

Section 28
This right is a special right to work on land that is not his own use for agricultural companies, fishing and livestock. The difference is that the right to this endeavor can only be given for the purpose above it and over the land that is least 5 hectares wide.
The right to use, the right of use, can be changed and transferred to other firights and may be encumbered with the rights of the dependents. The right of use cannot be granted to foreigners, being to foreign-capital legal bodies only possible with the restrictions mentioned in section 55.
To encourage the use and enterprise of the land to be done unwell, because in that case the rights of their efforts can be revoked (section 34).

Section 29
According to the nature and purpose of the purpose of business is the right that the time expires is limited. The 25-or 35-year term with the possibility of extending the 25-year-old was viewed as long enough for the purposes of the company of the long-lived plants. The 35-year-old designation for example is given the pasterawite plant.

Section 30
The rights of the businesses cannot be outplayed by strangers. Legal entities that can have that right, are only national-modal legal bodies that are progressives, both native and not original. For foreign-modal law bodies the rights of the businesses are only possible to be granted if it is necessary by the Act governing the construction of the national plan (section 55).
Article 31 s/d 34.
Does not require an explanation.
Regarding the provisions in section 32 is already described in the General Explanation (figure IV).

Section 35
Different from the rights of the businesses, the rights of the buildings did not hit agricultural land. Therefore in addition to the land controlled directly by the State can also be given over a person ' s land.

Section 36
The explanation is the same as section 30.

Article 37 is/d 40.
Doesn't require an explanation. Regarding what is specified in section 38 is already described in the General Explanation (figure IV).

Sections 41 and 42
The right to wear is a "set of understanding" of the rights known in the law of the land by various names, all with little differences in conjunction with the state of the area, at the point of authoring authority to those of the other. have as mentioned in this section. In the framework of simplification efforts as expressed in the General Description, these rights in the new agrarian law are called by one name only.
For the embassy buildings of the Foreign Countries can be granted the right of use, since this right can be valid as long as the land is used for it. The people and foreign legal bodies can be given the rights, as this right only authorizes a limited authority.

Section 43
Does not require an explanation.

Articles 44 and 45.
Because the right of rent is a proprietary right that has special properties, it is called itself. The right of rent is only reserved for buildings in conjunction with the provisions of article 10 paragraph 1. The lease rights of the farm only have a temporary property (section 16 yo. Fifty-three. The state cannot lease the land, because the State is not a landowner.

Section 46
The right to open the land and the right to collect forest results is the rights in the customary law that concern the land.
These rights need to be set up with Government Regulation in the general interest of
more broadly than the interests of the person or the legal public concerned.

Section 47
The right to use-water and the right of maintenance and fishing is about water that is not above its own land. If the water is on its own land then it is included in the content rather than the property rights of the land.
The right to be entitled to water is the right to obtain water from the river, the channel or the spring that is outside of its own land then that is included in the content rather than the property rights of the land.
It is the right to obtain water from the rivers, channels, or springs that are outside of its property, for example, for the purpose of watering the land, the household and so on. So often the water is necessary to flow through the land of other people and the water that is not necessary is often necessary to flow it through another person's land.
Those people should not be able to block the landowner to produce and dispose of the water just through their own land.

Section 48
The right to use-space is held in light of the progress of this adult technique and its possibilities being later.

Section 49
In order to dispel doubt and confusion, this passage gives firmness, that the questions concerned with the worship and other sacred purposes in the new agrarian law will receive attention as they should. The relationship is also provided with the provisions in section 5 and section 14 of 1 hurub b.
Sections 50 and 51.
As a contingency, that in this law is only contained in the law only of the new agrarian law.

Section 52
In order to ensure a good execution rather than the rules and actions that are the implementation of the Agrarian Pokok Act, the term is required to be a criminal sangsi as defined in this section.

Section 53
Already described in the explanation section 16.

Section 54
This section is held in conjunction with provisions in sections 21 and 26. A person who has declared denied the citizenship of R.R.C. but on the effective date of this Act has not been granted the passage of the conversion of chapter I verse 3, chapter II of paragraph 2 and section VIII. However, following the passage of the rejection he was open to the possibility of acquiring the rights to the land as a single Indonesian citizen. It applies also to the people mentioned in section 12 of the Government Regulation No. 20 of 1959, i.e. previously obtained attestations of the authority of the authorities.

Section 55
It is already described in the explanation of article 30.
Verse 1 of the present foreign capital, as verse 2 points to a new foreign capital. As it has been affirmed in the explanation of article 30 of the new right according to paragraph 2 it is only possible that it is required by the National Development Act of the planning.
Second: The rights that exist today according to the terms of this conversion are all to be new rights under the Agrarian Pokok Act.
The rights of the businesses and the rights of the buildings referred to in section I, II, III, IV and V take place with the general terms set forth in the Ordinance referred to in section 50 paragraph 2 and the special terms concerned with the circumstances. His land and as mentioned in the deed of his rights in that conversion, as long as it does not conflict with its new rule.
Third: The change in the governance of the village needs to be held to guarantee the good implementation of-on an overhaul of agrarian law according to this Act. The village government will be the executor of a very important role.
Fourth: These provisions mean to abolish the rights that are still feudal and do not comply with the provisions of this law.