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ACT 5-1960 fnHeader (); The text is not in the original format.
Back COUNTRY GAZETTE EXTRA RI No. 2043 (explanation of the 2007 State Gazette Number 104) MEMORY EXPLANATION for Bill STAPLES of AGRARIAN.
A. GENERAL EXPLANATION.
I. purpose of the Principal Agrarian legislation.
In the Republic of Indonesia, which is the arrangement of the lives of its people, including the perekonomiannya, especially the still agrarian era, Earth, water and space, as a gift of God has a very important function for building a just and prosperous society as we aspire to.
In the meantime the current Agrarian law, which was supposed to constitute one of the important tools for building a just and prosperous society, it turns out that even vice versa, is thus in many ways a barrier than the accomplishment of the goals above. It is caused mainly because: a. the current agrarian law was partly composed based on objectives and joint-or send it from the Government of colonies, and most others were influenced by him, and contrary to the interests of the people and the country in carrying out the construction of the universe in order to resolve this current national revolution;
b. because as a result of political-legal Government possessions were the agrarian law have dualism, i.e. with the introduction of the regulations of the customs law in addition to the rules of and based on the law of the West, which in addition to inflicting various masa'alah between the technologically difficult, nor is it in accordance with the ideals of unity of the nation;
c. because of the agrarian law of original Japanese rule does not guarantee legal certainty.
Relation to it then the need for a new national agrarian law, which would replace the current law, which no longer is both simple and dualism, which guarantees legal certainty for the entire people of Indonesia.
The new agrarian law was to give would likely achieve the functions of Earth, water and space as referred above and must be in accordance with the interests of the people and the Country as well as meet the requirements according to the demand of the times in all matter of agrarian. Other than that of the national agrarian law must embody the principle of the incarnation on the unit, the State and the nation's ideals, namely the divinity of the one true God, Humanitarian, nationality, Populist and social justice and in particular must be an implementation of the provisions in article 33 of the Constitution and major lines of on the bow of the countries listed in the Political Manifesto of the Republic of Indonesia on 17 August 1959 and asserted in the Speech of the President of 17 August 1960.
In relation to everything that the new law then joints and provisions need to be drawn up in the form of the underlying legislation, which would constitute the basis for the preparation of other regulations.
Even though the legislation has no difference with the formyl other laws-that is a rule that is created by the Government with the approval of the House of representatives-but given its nature as a rule will be the basis for a new agrarian law, then loaded in it is simply principle – the principle as well as problems in outline only and is therefore called the Principal Agrarian legislation. As for its implementation will be arranged in a variety of laws, Government regulations and other prevailing regulations. So it is in anyway the purpose of the legislation is a Staple of agrarian: a. laid the foundations for the preparation of the national agrarian law, which will be a great tool to bring prosperity, happiness and justice for the country and the people, especially farmers, people in the framework of a just and prosperous society.
b. put the basics to hold unity and simplicity in the law of the land.
c. laying the foundations to provide legal certainty regarding rights over the land for the people in total.
II. The foundations of the national agrarian law.
(1) basic First kenasionalan was laid in article 1 paragraph 1, which States that: "the whole area of Indonesia is the unity of the entire people of Indonesia tanah-air, which unite as a nation of Indonesia" and article 1 paragraph 2 which reads that: "the whole earth, water and space, including natural resources contained therein in the territory of the Republic of Indonesia as a gift of God, is the Earth , water and space nation Indonesia and is the national wealth ".
This means that Earth, water and space in the territory of the Republic of Indonesia that its independence championed by the Nations as a whole, be right anyway from the nation of Indonesia, so cannot solely be the rights of the owner only. Similarly the didaerah-daerah lands and Islands not samata-eye into a genuine people's rights from the region or the island in question only. By understanding the relationship thus nation Indonesia with the Earth, water and space-Indonesia relationship is a kind of customary rights who was appointed at the top levels, i.e. at a level about the whole area of the country.
As for the relationship between people and the Earth, water and space that Indonesia is an eternal relationship (article 1 paragraph 3). This means that as long as the people of a United Indonesia as a nation of Indonesia is still there and as long as the Earth, water and space that Indonesia is still there, in a State that is however not something the powers that be may decide or negate the relationship. Thus even now this area of West Irian, which is part of the Earth, water and space Indonesia under occupiers, on the basis of the provisions of this chapter the section according to law is Earth, water and space nation Indonesia as well.
As for the relationship between people and the Earth, water and space does not mean, that individual property rights over (some of) the Earth is not possible anymore. Above have been addressed, that the relationship is a kind of relationship of customary rights, so it does not mean the relationship property. In the framework of customary rights of the known existence of individual property rights. Presumably it can be affirmed that in the new agrarian law known property that may belong to someone, either alone or together with others over a part of the Earth Indonesia (article 4 yo Chapter 20). Only the surface of the Earth, called a ground, which can be dihaki by someone.
In addition to property rights as rights from generation to generation, the strongest and terpenuh that can be allocated to people on the ground, held rights to the guna-usaha also use rights, buildings, rights of use, right of rental, and other rights established by law (article 4 yo 16).
How is the position of those rights in relation to the rights of the nation's (and the country) it will be described in number 2 below.
(2) "principle of domein.. used as the base rather than agrarian legislation that comes from the Government of the colonies are not well known in the new agrarian law.
Azas domein is contrary to people's awareness of law and the principle of Indonesia on independent and modern.
In relation to this principle, which is emphasized in a variety of "statement of domein", i.e. e.g. in article 1 Agrarisch Besluit (s. 1870-118), s. 1875-119a, s. 1874-1888, s. 94f-58 left and statements of it revoked.
The staple Act Agrarian based on establishment, that-to achieve what is determined in article 33 paragraph 3 of the Constitution do not need and is not relased in place, that the Indonesia or Countries acting as the landowner. Is more appropriate if the State, as the Organization of the powers of the people (nation) acts as the Agency's authority. From the point of this is to be seen the meaning of the provision in article 2 paragraph 1 stating that "Earth, water and space, including natural resources contained therein, on the highest levels controlled by the State". In accordance with the establishment of the base word "mastered" in this article is not "owned" means, but is the notion, which authorize the State, as the Organization of the powers of the nation of Indonesia, to at the highest levels: a. manage and organise the allocation, use, and maintenance supplies.
b. define and govern the rights that can be allocated to the top (part of) the Earth, water and space it.
c. determine and regulate relations between hukkum people and the deeds of the law regarding the Earth, water and space.
Everything with a purpose: to achieve the prosperity of the people of sebesar-besar in the framework of a just and prosperous society (article 2 paragraph 2 and 3).
As for the power of the State, which meant that about all of Earth, water and space, so it's good that it's been dihaki by someone or not. Power of the State on the ground that already belonged to people with something right is limited by the contents of it, meaning to how Countries give power to that has to exercise his right to where the limits of power "of the country. As for the content of the rights and the pembatasan-pembatasannya is expressed in article 4 and the subsequent articles as well as articles in chapter II.
State power over land that does not belong to with something right by someone or other party is more broad and full. With the goal that guided the country mentioned above can provide such land to a person or agency-law with something right according to the provisions and requirements, such as property rights, guna-usaha rights, rights to buildings or usage rights or give it to something in the management body of the Ruler (Department, Division, or Autonomous Region) to be used for implementation of each task (article 2 paragraph 4). In the meantime the State power over the lands, even a little or a lot bounded by customary rights of legal entities of the community, all according to the customary rights of the fact it's still there, where things will be elaborated further in the number 3 on the bottom.
(3) related to the relationship between people and the Earth as well as water and power of the State as referred to in article 1 and 2 and in article 3 held provisions on rights of customary law community entities, is going to put it in a place that is reasonably in the natural state today. Article 3 it specifies that: "the implementation of customary rights and rights that are similar to that of masya-rakat-society customary law, as long as according to the reality still exists, must be in such a manner to correspond to the national interests and the State, which is based on the unity of the nation and should not be contrary to the laws and other regulations of the higher".
This provision first rises on the recognition of the existence of customary rights that in the new agrarian laws. As it known even according to the fact that there are customary rights and applicable as well as noted also in the decisions of the judges, has never officially recognized the right in the legislation, with the result that in implementing the agrarian regulations that customary rights in colonial era used to be often overlooked. In relation to customary rights he called in the Principal Agrarian legislation, which in fact means the recognition of rights, customary rights basically it will be noticed, all the rights according to the fact still exists on the Community law is concerned. For example, in granting something land rights (such as rights of guna-usaha) the law society bersangkuatan. before pendapatanya will be heard and will be given "recognitie", which indeed he was entitled to receive them as customary rights to hold it.
But otherwise it is not justifiable, if based on customary rights that the law society opposing the granting of the right guna-usaha that, while granting those rights the regions that really need for broader interests. Similarly, it is not justifiable if anything the law society based on rights of ulayatnya, for example, reject offhand opening forest massively and regularly to carry out large projects in the framework of the implementation of the plan of adding the results of food ingredients and the relocation of the residents. Experience shows, that the construction areas itself is often hampered due to customary rights regarding the difficulty gets. This is the base of second thoughts from the provisions of article 3 above. The benefit of something the Community law must be subject to the national and State interests and rights ulayatnya any implementation should be in line with the broader interests of it. It is not justifiable, if in the natural state is something the Community law still retains the contents and the exercise of ulayatnya ultimately, as if he is regardless of its relationship with the community on the Community-law and other areas in the State of the environment as a unity. Such a bright attitude is contrary to the basic principles set forth in article 2 and in practice will bring a result terhambatnya great efforts to achieve the prosperity of the people in total.
But as has been clear from the explanation above, this does not mean, that the interests of the Community law in question would not be noticed at all.
(4) the fourth Base was placed in article 6, namely that "all land rights have social functions".
This means that any land rights there at someone, it is not justified, that the soil that will be used (or not used) solely for his personal interests, especially if it cause any harm to the society. Land use must be adapted to the real situation and the nature rather than the right, to beneficial both for the welfare and happiness have it nor beneficial to society and the State.
But in the meantime these provisions does not mean, that the interests of individuals will be pushed at all by the public interest (public). The staple Act also pays attention to Agrarian interests of individuals.
Community interests and the interests of the individual must compensate each other, until in the end it will tercapailah purpose staple: prosperity, justice and happiness for the people of entirely (article 2 paragraph 3).
In relation to its social function, then is it reasonable that it should be maintained, in order to increase their strength and prevented the damage. The obligation of maintaining this land not only charged to the owner or holder of the rights in question, but rather be a burden anyway from everyone, legal or establishments that have a relationship with the land law (article 15). In carrying out this provision will be taken care of the interests of the economically weak party.
(5) in accordance with the principle of the nationality in article 1 then according to article 9 paragraph 1 clause 21 yo only citizens of Indonesia can have property rights over land, property rights can not belongs to foreigners and the transfer of property rights to foreigners is prohibited (article 26 paragraph 2). Foreigners can have a ground with a breadth of limited usage rights. So too are essentially legal agencies cannot have property rights (article 21 paragraph 2). As for consideration for (basically) prohibit the agencies have legal ownership rights over the land, is that legal agencies need not have property rights but other rights are enough, if only there were assurances that enough for that special keperluan-keperluannya (guna-usaha rights, use rights, buildings usage rights according to article 28, 35 and 41). Thus be prevented attempts to circumvent the provisions concerning the maximum limit of land that belonged to with property rights (article 17).
Although essentially legal agencies cannot have property rights over land, but given the society's purposes will be very closely related to the religious, social and understand its relationship to the economy, then he made an "escape-clause" that allows legal bodies have certain property rights. With the "escape-clause" is so suffice it later when there is a requirement for property rights would be something or kinds of legal entities was given dispensation by the Government, with the legal entity as pointing to the bodies of law can have ownership rights over the land (article 9 paragraph 2). Legal agencies engaged in social and religious courts designated in article 49 as the agencies that can have property rights over land, but all the land needed for his efforts in the field of social and religious it. In things that are not directly related to the field that they are considered as legal entities.
(6) Then in conjunction with the principle of the nationality above are specified in article 9 paragraph 2, that: "every citizen of Indonesia both men and women have equal opportunities to acquire something land rights as well as for the benefit and the result, either for themselves or their families."
In the meantime need protection for the citizen and the weak against their fellow equal citizens yet a strong economic position. Then in article 26 paragraph 1 specified that: "selling, exchanging, penghibahan, gift with wills and other deeds which are intended to move the property rights as well as the pengawasannya is set up with government regulations". This provision shall constitute a tool for protecting the weak divisions meant it.
In that connection may be appointed on the provisions contained in article 11 paragraph 1, which are intended to prevent the occurrence of mastery over the life and work of others that exceed the limits in areas where agrarian business terms contrary to the principles of social justice that is inhumane. All joint ventures in the field of agrarian should be based upon shared interests in order to kepen tingan-national (article 12 paragraph 1) and the Government's obligation to prevent the existence of organizations and individual efforts in the field of agrarian interests of private monopolies (article 13 paragraph 2).
Not only private businesses, but also the efforts of the Government which is the monopoly should be prevented not to harm the people of lot. Therefore the efforts of the Government which is a monopoly can only be held with the law (article 13 paragraph 3).
(7) in article 10 paragraph 1 and 2 are formulated a principle which in nowadays is becoming a basic rather than changes in the structure of land almost all over the world, namely dinegara-negara that have been/are organizing the so-called "landreform" or "agrarian reform" i.e., that "arable land should be done or kept in active by the owner himself."
In order for this motto can be realized so that the need for other provisions. For example, there needs to be a provision regarding the minimum land area that should be owned by the farmers, in order to earn enough to live a life worthy of himself and his family (article 13 article 17 yo). Also need to have provisions on maximum land area can be reserved with property rights (article 17), in order to be prevented in the hands of the land tertumpuknya-only certain groups. In this connection article 7 contains an important principle, namely that the ownership and control of land which exceeds the limit are not dipekenankan, because it is detrimental to the public interest. Finally the provisions that need to be coupled with granting credit, seeds and other aid-assistance with terms that are lightweight, so its owner will not be forced to work in another field, with mastery of the land ceded to others.
In the meantime will remember the order of our agricultural communities as this is now presumably a while to come still need opened the possibility of the use of agricultural land by people who are not the owner, e.g. in rent, share results, pawn and others. But everything other regulations, i.e. to prevent the legal relations which are silemah by the Suppression-strong (article 24, 41 and 53). So for example the use of the land lease, the agreement on the basis of the results, pawn and so it should not be submitted on consent of the parties concerned on the basis of its own "freefight", but the ruler will give the provisions about the ways and syarat-syaratnya, in order to meet the considerations of fairness and prevented ways blackmail ("exploitation de l ' homme par l'homme"). As mitsal can be expressed in the provisions of the Act No. 2 of 1960 concerning the "agreement for the results" (L.N. 1960-2).
The provisions of article 10 paragraph 1 of these is a principle, which still requires further arrangements (paragraph 2).
In the circumstances the order msyarakat us as this now then the regulation implementing that later may still need to open the possibility of holding of the dispensation. For example a pegawai-negeri which has hari-tuanya land supplies for one to two hectares and in relation to his job impossible can be employed in own presumably should be possible to continue to own the land. During such land should be handed over to other people to be organised with the lease agreement, for the results and so on. But after he was no longer working after retirement, for example, the land must be earned himself was active. (verse 3).
(8) finally to achieve what became the nation's ideals and the country above in the field of agrarian, the need for a plan ("plan") concerning the allocation, use and supply of Earth, water and space for the various interests of the living of the people and the State: the public Plan ("National planning") which covers the entire territory of Indonesia, which was later broken out into special plans ("regional planning") from each region (article 14). With the planning, land use can be done in a regular and guided up to the maximum benefits that it can bring to the country and the people.
III. Basics to hold the unity and simplicity of the law.
The basics to achieve those goals seem clear in the provisions contained in chapter II.
(1) as already explained above, agrarian law now has the nature of "dualism" and the difference between the rights of land according to customary laws and land rights according to the laws of the West, who berpokok on the provisions of book II of the book law civil law Indonesia. Principal Agrarian legislation intended to eliminate dualism that and consciously intending to hold a unity of the law, in accordance with the wishes of the people as a nation and in accordance with the interests of the economy.
By itself the new agrarian law must comply with the law rather than consciousness. Therefore, the people of Indonesia largely subject to customary law, then the new agrarian law will be based on the provisions of customary law, as the original law, which refined and adapted to the interests of society in the country and in relation to the international world, as well as tailored to the Indonesia socialism. Understandably then, as customary law in its growth is inseparable from political influence and also the community and the community kapitalistis colonial a feudal self-governing.
(2) In organizing a unity of law Principal Agrarian law does not turn a blind eye toward the distinction still in a State of the community and the purposes of the law of the people's groups. In relation to that specified in article 11 paragraph 2, that: "the differences in the State of the community and the people's keprluan the law where necessary and not contrary to the national interests of note". That is a difference that is based upon the folk for example differences in the purposes of the law of the people's city and rural people, also the people that the economy is strong and the people the weak economy. Then the specified in paragraph 2 the next, that guaranteed the protection of the interests of the economically weak.
(3) with the hapusnya differences between the legal traditions and the laws of the West in the field of agrarian law, then the intent to achieve, the simplicity of the law can be terselenggarakan anyway.
As has been explained above, in addition to property rights as rights from generation to generation, the strongest and terpenuh that can be allocated to people on the ground, the new agrarian laws on anyway to know his rights over land, according to customary law as mentioned in article 4 paragraph 1 letter d up to g. now to fulfill the purposes that have been felt in the society we have now held two new rights , that is the right guna-usaha (to corporate agriculture, fishery and animal husbandry) and use rights-buildings (in order to set up/above ground buildings have others) article 16 paragraph 1 letter b and c).
As for the rights that existed at the start the enactment of this legislation will all be dikonvensi to become one of the new rights according to the laws of agrarian subject matter.
IV. The basics to have legal certainty.
Efforts towards towards the certainty of land rights turned out to be from the provisions of the clauses governing the registration of land. Article 23, 32 and 38, addressed to the holder of the rights in question, with a view to obtaining certainty about its rights to it. Whereas article 19 addressed to Governments as an instruction, so that throughout the territory of Indonesia held land registry that is "rechts-cadastral", meaning that aims to ensure legal certainty.
As for registration it will be held with the given on interest as well as the State of the Country and society, socio-economic and traffic purposes its possibilities in the field of personnel and equipment. Therefore it will be dikota-kota to its precedence has slowly increased in the cadastral territory of the country.
In accordance with its goal of IE will provide legal certainty so that registration is obligatory for the holder of the rights in question, with a view to obtaining certainty about its rights to it. Whereas article 19 addressed to Governments as an instruction; Indonesia was held throughout the country in order for the registration of land is "rechts-cadastral", meaning that aims to ensure legal certainty.
As for registration it will be held with the given on interest as well as the State of the Country and society, socio-economic and traffic purposes its possibilities in the field of personnel and equipment. Therefore gradually increased on the cadastral wilahah covers the entire country.
In accordance with its goal of IE will provide legal certainty so that registration is obligatory for the holder of the rights in question. If it is not required then the holding of land registry, which would require a lot of light, power tools and the cost of it, there will be no meaning at all.
B. EXPLANATION OF THE ARTICLE FOR THE SAKE OF THE ARTICLE.
Article 1 had already been explained in the Overview (II number 1). In the Principal Agrarian legislation held difference between understanding.
the Earth "and" land ", as formulated in article 1 paragraph 3 and article 4 paragraph 1. The definition of "land" is the surface of the Earth.
The expansion of the notion of "Earth" and "water" with a space is concerned with the advancement of technique nowadays and its possibilities in the times to come.
Article 2 had already been outlined in the Overview (II number 2).
The provisions in paragraph 4 is concerned with the principles of economy and medebewind in local governance.
By their nature and the agrarian question in azasnya is the task of the Central Government (article 33 paragraph 3 of the Constitution). Thus pelimpahan the authority to administer the rights of Countries over land it is the medebewind. Everything will be conducted according to the requirements and of course should not be contrary to the national interest. Authority in the field of agrarian can be a source of finance for the region.
Chapter 3 is a "customary rights and similar rights that" is what the customary law in the library called "beschikkingsrecht". CF. the General Explanation (II number 3).
Article 4 already described in the Overview (II number 1).
Article 5 the affirmation, that the common law basis of the new agrarian law. CF. Overview (III number 1).
Article 6 not only property but all rights to the land had a social function. This has been outlined in the Overview (II number 4).
Article 7 principle of reaffirming the ban "groot-grondbezit" as described in the Overview (II number 7). The question of the limitation it's set further in article 17. Against this principle there are no exception.
Article 8 because according to the provisions in article 4 paragraph 2 of the rights over the land it's only giving rights to the surface of the Earth, then the authority-the authority deriving therefrom is not about wealth-wealth of nature that is contained in the body of the Earth, water and space. Therefore then taking wealth meant that requires its own settings. These terms constitute the base for the mining legislation and others.
Article 9 paragraph 1 described in this Overview (II number 5).
The provision in paragraph 2 is the result rather than the provision in article 1 paragraph 1 and 2.
Article 10 is already explained in the Overview (II number 7). The words "on azasnya" pointing at the possibility of holding exemptions as mentioned as such in the Public Explanation of it. But the exemptions that need to be regulated in the legal regulations (compare article explanation of the use of the property by its owner is not still possible by article 24, but it is limited and will be arranged.
Article 11 this article contains the principle that the protection of economically weak against the strong. The economically weak, it could be a citizen of a foreign original. And vice versa. See General Description (III number 2).
Article 12 the provisions in paragraph 1 corresponding to the provisions of article 11 paragraph 1.
The form of a joint venture in accordance with this provision is a form of cooperative and other royong forms. The provision in paragraph 2 gives the possibility of holding a "joint effort" between the State and the private sector in the field of agrarian. What is meant by "the other party" that is local government, private entrepreneurs are national or private capitalization with "domestic capital progresip.
Article 13 para 1, 2 and 3.
Already explained in the Overview (II number 6).
The provisions in paragraph 4 is the implementation of the principle of social justice rather than inhumane in agrarian areas.
Article 14 this article regulates the question of the preparation planning, allocation and use of Earth, water and space as expressed in the general explanation (II number 8). Given the pattern of economy of the country will in the future where the industry and mining will have an important role, in addition to planning for agriculture to note, also a need for industry and mining (paragraph 1 letter d and e).
The planning was not only intended to provide land for farming, animal husbandry, fisheries, industry and mining, but it is also intended to advance it. The passage of the local government regulations must be carried out in the framework of public plans created by the Central Government and in accordance with the discretion of the Centre.
Article 15 already described in the Overview ((II number 4). Compulsory land maintained properly, that is to be kept according to the ways that customarily carried out in the area in question, in accordance with the instructions of the Office-Office concerned.
Article 16 this article is the implementation of the provisions in article 4. In accordance with the principles laid out in article 5, that the National land law was based on customary law, then the determination of rights over land and water in this chapter is based also upon the systematic of customary law. In the meantime efforts use rights and rights to buildings held to meet the needs of modern society today. May need to be defined, that business is not a right to erfpacht from the book of the law of civil law. -Building use rights not privileges opstal. Erfpacht institutions and opstal removed with dicabutnya the provisions of Book II of the book law of civil law.
In the meantime the customary rights which is contrary to the provisions of this Act (article 7 and 10), but in relation to the circumstances of the community now can not be eliminated given the temporary nature and will be regulated (para 1 letter h yo. Article 53).
Article 17 the provisions of article this is an implementation of what is specified in article 7. Determination of the maximum breadth, limits would be done in a short time with the prevailing regulations. The lands which is the excess of the maximum limit shall not be confiscated but will be taken by the Government with the replace-losses. These lands will be dibagibagikan to the people who need it. Damages to the former owner of the above mentioned on azasnya are to be paid by those who acquire part of the land. But because they generally cannot afford to pay the price of land within a short time, then the credit will be provided by the Government and other efforts, former owner of the pre not too long waiting for money-loss meant it.
The establishment of minimum limit does not mean that people who have land, less of it would be forced to give up their land. Determination of the minimum threshold was first intended to prevent sectarianism-hemispheres ("versplintering") the soil further. In addition, efforts will be held for example: opening a massive land, resettlement outside Java and industrialization, so that the minimum limit that can be achieved gradually. The definition of "family" is the husband, the wife and her children are yet mating and become their dependants and whose number ranges from about 7 people. Both men and women can become heads of families.
Article 18 this article constitutes a guarantee for the people about their rights over the land. Disenfranchisement is possible, but it is bound by the terms, for example, must be accompanied by the giving of change-loss.
Article 19 Land Registration will be held in a way that is simple and easy to understand as well as run by the people concerned (see General Description IV).
Article 20 this article mentioned traits than property rights which differentiate it from other rights. Property rights is hk "strongest and terpenuh" which can be allocated to people on the ground.
The granting of this trait does not mean, that it is an absolute right, and can't be bothered-Jolt "as the rights according to the original understanding eigendom. Such properties will light contrary to the nature of the laws of the indigenous peoples and social functions of each of the rights. The words "terpenuh" strongest and it intends to distinguish it with use rights-usha, the buildings use rights, usage rights and others, i.e. to indicate, that among the rights over the land which can be allocated to those rights that are "miliklah ter" (meaning: most)-strong and terpenuh.
Chapter 21 verses 1 and 2 is described in the Overview (II number 5).
In paragraph 3 only called 2 How to obtain property rights because other ways are prohibited by article 26 paragraph 2. As for the ways that diserbut in this verse is a means of acquiring rights without doing a positive action that is deliberately aimed at the onset of the transition of it.
Already selayaknyalah presumably that as long as people allow themselves a citizen in addition to Indonesian citizenship having the citizenship of other countries, in terms of landholdings, he distinguished citizen of Indonesia's other dri.
Section 22 as an example of how the occurrence of property according to customary law is groundbreaking. The ways it will be arranged so that things did not happen to the detriment of the public interest and the State.
Article 23 are already described in the Overview (figure IV).
Article 24 as an exception from the principle contained in article 10.
The shape of the relationship between owners and tenants/users are for example: rent, for results, wear or use rights-buildings.
Article 25 the encumbered property rights these dependants remain at the hands of their owners. Land owners may also need money (for a while) mortgaged their land according to the provisions of article 53. In this case the land was then switched on pawn holders.
Article 26 the provisions in paragraph 1 already described in the Overview (II number 6) with the aim of protecting the economically weak party. The staple Act in this distinction no longer held among native citizens and not original, but between the economically strong and weak. A strong party it could be a genuine citizen or not original. What is being referred to in paragraph 2 is the result rather than the provision in article 21 regarding who could not own land.
Article 27 Land diterlantarkan if deliberately not used in accordance with the circumstances or the nature and purpose than the right.
Article 28 of these rights is the right to cultivate land that was not his own to corporate agriculture, fishery and animal husbandry. The difference is that the usage rights with rights to this effort can only be granted for the purposes above it and the ground is at least 5 hectares.
Unlike the usage rights then the right guna-usaha can switch and transferred to the other party and may be encumbered with a right of tanggunan. Nor did guna-usaha rights can be given to foreigners, are to the legal bodies of foreign capitalization is only possible with the restrictions mentioned in article 55.
In order to encourage the use and land concessions made are not good, because in such a case the right guna-usahanya can be revoked (article 34).
Article 29 according to the nature and purpose of the rights guna-usaha is right that time limited validity period. Period of 25 or 35 years with the possibility of extending to 25 years is seen already long enough for the purposes of the business of plants are long-lived. Determination of jangka-waktu 35 years for example given at the plant kelapasawit.
Article 30 the right guna-usaha can not belongs to the stranger. Legal entities can have the right of it, is merely a legal bodies: the national progressip, whether or not genuine. For the legal bodies of the foreign capital in the right guna-usaha just opened up chances to be given if it is required by the legislation governing the national development plans of the universe (article 55).
Article 31 s/d 34.
Does not require an explanation.
Regarding the provision in article 32 are already described in the Overview (figure IV).
Article 35 Different with guna-usaha then use rights-not building on agricultural land. Therefore, in addition to land directly controlled by the State can also be given on land belonging to someone.
Article 36 the explanation is the same as article 30.
Article 37 s/d 40. Does not require an explanation. As to what is specified in article 38 are already described in the Overview (figure IV).
Article 41 and 42 usage rights is a "set of understandings" on the rights of known in the law of land with different names, all of which with a little difference in relation to the State of sedaerah, in the area anyway authorize who has as mentioned in this article. In order to simplify the effort as expressed in the General Description, then those rights in the new agrarian law referred to by one name only.
For building the Embassy in foreign countries can be given also by the usage rights because these rights can apply for land used for it. People and foreign legal bodies can be given the right to share, because this right only gave limited authority.
Article 43 does not require explanation.
Article 44 and 45. Therefore, the right of rental is the right that has the special properties it is called. Lease rights are only provided for the buildings in relation to the provisions of article 10 paragraph 1. Agricultural land lease rights only had temporary nature (article 16 yo. 53). The State is not able to rent land, because the State is not the owner of the land.
Article 46 Right open land and forest products was picking up the rights in customary law pertaining to the ground.
These rights need to be regulated with a government regulation in the interest of the wider public rather than the interests of the people or Community law is concerned.
Article 47 water-use rights and rights of maintenance and fishing is about the water that was not on the ground of his own. If on the water that is above ground of his own then the things that are included in the content rather than ownership rights over the land.
Water-use rights is the right to obtain water from a river, channel or a spring that is outside his own land then the things that are included in the content rather than ownership rights over the land.
Water-use rights is the right to obtain water from a river, channel or the fountain outside his property, for example for the purpose of irrigating the land, households and others. For it is then often necessary that water needs to be drained (imported) through other people's land and water are not needed often needs to be streamed (dumped) through the land of another people.
Such persons must not hinder the owner of land to bring forth and dump the water through the soil above each.
Article 48 Right to space-space-held considering the advancement of technique nowadays and its possibilities in the future.
Article 49 for the doubts and doubt this article gives firmness, that the problems concerned with religious and other sacred purposes purposes in the new agrarian law will get attention as it should. The relationship also with the provisions of article 5 and article 14 paragraph 1 hurub b.
Article 50 and 51.
As a consequence, that in this legislation only loaded the basics of the new agrarian law.
Article 52 to ensure the best possible implementation rather than regulations and actions that constitute the implementation of Agrarian Staple Act required the existence of criminal sanctions as specified in this article.
Article 53 was already described in the explanation of article 16.
Article 54 Article is held in relation to the provision in article 21 and 26. Someone who has stated deny citizenship R.R.C. but on the start date of the enactment of this legislation have not yet got the endorsement will be affected by the conversion provision Article I article II paragraph 3, paragraph 2 and article VIII. But after the passage of that refusal he then open the possibility for him to gain land rights as a nation of Indonesia. It applies also to people mentioned in the article 12 Government Regulation No. 8 of 1959, that previously obtained an endorsement from the authorized agencies.
Article 55 are already described in the explanation of article 30.
Paragraph 1 concerning foreign capital now already exists, being paragraph 2 refers to the foreign capital. As has been affirmed in article 30 of the granting of new rights according to paragraph 2, this is only possible if it is required by the laws of the universe national development planning.
Second: the rights that exist now according to the provisions of this conversion they became new rights according to the laws of agrarian subject matter.
Guna-usaha rights and rights to buildings mentioned in article I, II, III, IV and V takes place with the General conditions laid down in the regulations referred to in article 50 paragraph 2 and special conditions corresponding to the State of the soil and as mentioned in the deed of the right in that conversion, all does not conflict with the new rules.
Third: Changes the order of the Government of the village needs to be held to ensure the best possible implementation of the agrarian law overhaul on-according to this law. The Government is implementing the village will have a very important role.
Fourth: this provision intends to abolish rights still feudal in nature and not in accordance with the provisions of this Act.
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