Mekanisme Pengadaan Tanah untuk Kepentingan Umum (PP 19/2021 jo. PP 39/2023)

Main ideas / lessons conveyed

• Legal basis & regulations: Land acquisition for public interest development is carried out under Government Regulation (PP) No. 19/2021, later updated by PP No. 39/2023.
• Core process structure: The mechanism is implemented through four main stages:
  1. Land acquisition planning
  2. Land acquisition preparation
  3. Land acquisition implementation
  4. Handover of land acquisition results
• Balanced purpose: The process aims to:
  • Ensure development aligns with spatial planning
  • Provide maximum community benefit
  • Provide legal certainty for land use
  • Ensure appropriate compensation and protection of community rights

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Detailed methodology / instruction-style outline (by stage)

1) Land Acquisition Planning

Objectives (3 key points)

• Ensure the development is consistent with established spatial plans.
• Ensure development provides maximum benefits to the community, giving land acquisition a clear legal basis and accountability.
• Produce a planning basis that is strong, complete, and measurable.

Key actors & flow

• The land-requiring agency prepares the procurement plan.
• The plan is submitted to the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency (ATR/BPN).
• After completion, the plan is determined by the head of the land-requiring agency, then submitted to the governor/regent/mayor according to authority.

Planning documents must cover (substantive content)

• Purpose and objectives of development aligned with spatial plan and national/regional priorities
• Location and area of required land
• Land status at the location
• Estimated time for development implementation
• Estimated value of land and compensation
• Activity budget plan
• Form of compensation according to community preferences

Feasibility studies included

• Socio-economic feasibility
• Location feasibility using regional maps
• Cost–benefit analysis
• Land value estimates
• Environmental and social impact analysis
• Additional studies: cultural, security, religious, and political conditions in the region

Validity and update

• Planning documents are valid for 2 years.
• If implementation has not started within 2 years, the document must be updated/reviewed to match real conditions and latest policy.

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2) Land Acquisition Preparation

Main objective

• Determine the construction/location and provide legal certainty regarding land to be used.

Location determination proposal

• The land-requiring agency submits a proposal to the governor including:
  • Planning documents
  • Location maps
  • Details of the land requirements

Preparation team formation

• After proposal completeness is assessed, the governor forms a preparation team composed of:
  • Applicant/land-requiring agency elements
  • Relevant provincial regional apparatus
  • Ministry of ATR/BPN
  • Regent/mayor
  • Other agencies if needed

Preparation team tasks

• Notify the community about the development plan at the location
• Conduct initial data collection to understand:
  • Subject/entitled parties
  • Land acquisition objects
• Conduct public consultations to obtain agreement and input
• Prepare and finalize determination of the construction location after consultation
• Announce the determined location for public interest development
• Perform other governor-assigned tasks relevant to implementation

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2A) Notification of Development Plan

Notification content includes

• Purpose and objectives
• Land location and area required
• Stages and estimated times of land acquisition
• Estimated time for construction implementation
• Other unnecessary/extra info excluded (“other information that is not necessary” mentioned)

Delivery methods

• By committee chair via:
  • Direct socialization
  • Face-to-face meetings
  • Indirect notification letters through print/electronic media

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2B) Initial Data Collection

Covers two main aspects

• Entitled parties
• Land acquisition objects

Examples of entitled parties mentioned

• Individuals, legal entities
• Social/religious bodies
• Central government, regional government, village government
• Land banks
• State-owned enterprises (SOEs), regionally-owned enterprises (ROEs)
• Village-owned enterprises
  • (all owning/controlling land per applicable legal provisions)

Purpose of initial list

• Produces a temporary list used for public consultation (not final).

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2C) Public Consultations

Who participates

• Authorized parties
• Property managers
• Property users
• Affected communities

Where conducted

• At the sub-district (IDESA) office or equivalent office/name
• Or another location agreed by the preparation team and authorized parties

What is explained

• Development purpose/objectives for public interest
• Stages and timeline
• Role of the appraiser in compensation value determination
• Potential incentives for entitled parties
• Objects assessed as compensation
• Acceptable compensation forms
• Rights and obligations of all parties

Outputs

• Results recorded in minutes of the development location agreement

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2D) Handling disagreement during consultation

• If land area ≤ 5 hectares: location determination application goes to regent/mayor.
• If objections arise:
  • Conduct re-consultation
  • If still rejected/objection persists:
    • The land-requiring agency reports objection to the governor via the preparation team.

Governor study team

• Governor forms a study team with members including:
  • Provincial regional secretary (or appointed chair)
  • Head of regional office (secretary)
  • Regional development planning government affairs agency
  • Regional Office of the Ministry of Law and Human Rights
  • Regent/mayor or appointed member
  • Academics as members

Study team process

• Identifies reasons for objection
• Holds meetings/clarifications with objecting parties
• Recommends accept/reject

Governor decision

• Governor issues a letter accepting or rejecting objections:
  • If rejected: construction continues at that location
  • If accepted: agency must cancel the plan or move to another location

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2E) Construction Location Determination + Announcement

Issuance and map

• Determination issued by governor, accompanied by a location map
• Location map prepared by land-requiring agency
• Land-requiring agency coordinates with local ATR/BPN regional office
• Governor collaborates with land-requiring agencies to announce.

Announcement contents

• Decision number and date
• Development location map
• Purpose/objectives
• Location and area of land
• Estimated land acquisition time
• Estimated construction implementation time

Announcement channels

• Bulletin boards at village/sub-district offices, district/mayor offices, and/or construction site
• Publication media (print/electronic), considering efficiency, effectiveness, geography, human resources, etc.

Authority delegation

• Governor may delegate preparation authority to regent/mayor.

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3) Land Acquisition Implementation

Core objective (principles listed)

• Provide land for public interest development
• Ensure appropriate compensation to entitled parties
• Guarantee land rights release according to law
• Maintain a balance between development needs and community rights

Implementation team

• Head of ATR/BPN regional office becomes head of implementation team.
• Team includes officials from:
  • Regional office land procurement affairs
  • Head of land office at location
  • Provincial regional apparatus for land affairs
  • Sub-district head at location
  • Village head (or equivalent)

Implementation activities (main list)

1. Preparation for inventory and identification of entitled parties
2. Determine compensation value through deliberation on compensation form
3. Provide compensation in special circumstances when applicable
4. Deposit compensation in court when needed (e.g., disputes/objections)
5. Release land acquisition objects
6. Terminate legal relations between entitled party and land object, and document all data

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3A) Preparation for Implementation (request submission)

After location determination:

• Land-requiring agency requests implementation to the head of regional office.

Application must include

• Location determination decision
• Land acquisition planning documents
• Initial data on entitled parties and land objects
• Initial data on affected community
• Minutes of agreement
• Statement letters on:
  • Installation of land boundary markers
  • Availability of budget

Work preparation actions described

• Create implementation meeting agenda
• Create work plan and activity schedule
• Form necessary task forces and divide tasks
• Estimate technical obstacles
• Formulate strategies/solutions
• Implementation coordination steps
• Prepare administration
• Operational cost requirements and support costs
• Appoint appraisers (public/government)
• Prepare meeting outcome documents

Work plan must include

• Funding plan
• Time plan / schedule
• Personnel needs
• Materials/equipment needs
• Inventory and alternative solutions to inhibiting factors
• Monitoring system

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3B) Inventory and Identification

Notification

• Notify entitled parties, goods/services managers/users, and affected community via village head or direct notification.
• Receipt is proven electronically and/or through other media.

Task forces

• Task force A: physical data collection on land objects
• Task force B: legal data collection on land objects

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3C) Determination of Compensation Value + Form

• Determined by the land procurement team head, based on:
  • Nominative list
  • Land plot map

Appraiser assesses compensation per parcel including:

• Land
• Above-ground and underground space
• Buildings
• Plants
• Objects related to land
• Other assessable losses

Deliberation involves:

• Land procurement implementer
• Appraiser
• Land-requiring agency
• Entitled party

If entitled party cannot attend:

• Power of attorney may be granted to a permitted relative (up/down/sideways to second degree) or spouse (or entity representative per rules).

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3D) Provision of Compensation (forms and steps)

Compensation forms

• Money (in rupiah)
• Replacement land
• Resettlement
• Share ownership
• Other forms agreed by both parties (including combinations)

Validation before payment

• Compensation is implemented after validation by team head, checking:
  • Data completeness
  • Field maps
  • Names list of entitled parties
  • Conformity between entitled party list and deliberation outcomes for compensation form

Timing and conditions

• Payments are simultaneous with release of land rights.
• If payment cannot be made under certain conditions: payment may be postponed.

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Replacement land

• Provided by land-requiring agency or state/regional/village property manager/user.
• If replacement land is for public purposes, it can follow public-interest land acquisition stages.
• Release of rights can occur even if replacement land is not available first; replacement funds are deposited in the bank until replacement land is ready.
• When replacement land becomes available: it is handed over.

Resettlement

• Based on written request from implementation team head.
• Land for relocation obtained via sale/other legal means.
• If relocation is part of public interest development: follow applicable acquisition stages.
• If not: new settlement is provided in entitled party’s name and rights release occurs simultaneously with compensation (not waiting for completion).
• If settlement not completed: funds deposited; once completed: settlement handed over.

Share ownership

• Entitled party becomes shareholder in a state-owned enterprise (public company) or authorized entity for public interest infrastructure.
• Based on agreement between entitled party and business entity.
• Implemented simultaneously with release of rights per regulations.

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3E) Compensation in special circumstances

Special circumstances prioritized

• Natural disasters
• Medical treatment
• Education costs
• Debt payments
• Carrying out religious duties
• Other urgent circumstances

Application

• Land-requiring agencies can apply when special circumstances occur (example given: whereabouts of entitled party unknown).

Deposit to District Court

• If compensation form/amount rejected or land is disputed:
  • Deposit in District Court
  • District court issues deposit report
  • Entitled party can collect with cover letter from team head (for non-resolved disputes)

If disputes or legal restrictions

• Wait for court decision/peace agreement.
• If confiscated/used as collateral: wait for revocation/approval.
• Provide proof of ownership to BPN/land office if rejection continues.
• Land eviction: may be carried out through a court decision for development continuity.

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3F) Release of land acquisition object & termination of legal relations

Release procedure

• Entitled party releases rights to the state, in presence of Head of the Land Office.
• Documented in minutes of release.

Documents prepared/required

• Release/transfer rights statement (manual or electronic)
• Proof of ownership/control
• Receipt of release of rights
• Date/initials/stamps
• Entitled party signs:
  • Release of rights statement
  • Letter of absolute responsibility
  • Minutes of release of rights
  • Copy of identity (or attorney identity)

Legal relationship termination

• Once compensation provided or deposited, or release completed:
  • legal relationship ends by law
• Land Office:
  • records deletion of rights in land book and registration lists
  • notifies relevant parties

When ownership still disputed

• Compensation deposited in District Court
• Team head notifies disputing parties about revocation and termination.

Additional cases mentioned

• Land confiscated by authorized official + compensation deposited in District Court:
  • team head notifies the confiscating official and rights holder
• Land used as collateral at a bank:
  • team head reports release to bank/related parties
  • notifies debt guarantee holder and concerned parties
  • may also notify village/sub-district officials for unregistered land
• If entitled party does not relinquish rights:
  • report of relinquishment without signature
  • Land Office announces revocation based on minutes, records deletion, and informs village/sub-district office for administrative book updates.

Documentation and archiving

• Implementers collect/group/process/store land acquisition data.
• Data stored and archived by Head of local Land Office.

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4) Handover of Land Acquisition Results

Handover process

• After release of rights:
  • head of procurement team hands over results to the land-requiring agency:
    • land plots
    • all supporting documents
• Handover evidenced by signing minutes of handover.
• Large areas may be handed over in stages, each with separate minutes.

After receiving

• Land-requiring agency must certify the land so ownership status becomes legally valid.
• When all results are handed over and handover report signed, implementer responsibilities end.

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Speakers / sources featured (explicitly mentioned)

Government Regulations (sources)

• Government Regulation No. 19/2021
• Government Regulation No. 39/2023

Institutions / roles mentioned

• Ministry of Agrarian Affairs and Spatial Planning (ATR)
• National Land Agency (BPN)
• Governor
• Regent/Major (bupati/walikota)
• Head of the land-requiring agency
• Head of the ATR/BPN Regional Office (also head of implementation team)
• Land Office Head
• Sub-district head (camat)
• Village head (lurah/kepala desa or equivalent)
• Preparation team / study team members (including provincial regional secretary, regional planning affairs agency officials, Ministry of Law and Human Rights regional office head, academics)
• Appraisers (general/public appraiser and government appraiser)
• District Court (pengadilan negeri)

No individual human speakers (names) are provided in the subtitles.