Abandoned Land, What are the Legal Consequences?

“In the event of a land is determined as abandoned land, then the legal right to the land and the change in ownership status will be submitted to the state, therefore the aforementioned will be under the control and/or ownership by the state.”

Land must be beneficial for the community, unfortunately many land rights holders do not properly use their rights. Eventually the land became abandoned. When the land was considered to be an abandoned land, the State will take over the land.

The provision of land acquisition by the State is stipulated in Government Regulation Number 11 of 2010 regarding Issuance and Utilization of Abandoned Land (“PP No. 11/2010”). In addition, there is also the Regulation of the Head of the National Land Agency 9 of 2011 regarding Amendments to the Regulation of the Head of the National Land Agency Number 4 of 2010 regarding Procedures for Abandoned Land (“Perka BPN No. 4 of 2010 in conjuction with Perka BPN No. 9 of 2011”).

Definition of Abandoned Land

An Abandoned land is a land that has been granted rights by the State in the form of Ownership Rights, Business Use Rights, Building Use Rights, Use Rights, and Management Rights, or the basis for control of land in which the land is not cultivated, not used, or not utilized according to the circumstances or nature and purpose of the granting of the rights or the basis of the control of ownership.

Land Objects that can be Defined as Abandoned Land

The State, through the National Land Agency (BPN), issued the designation of a land to be deemed as an abandoned land. There are several land objects that can be given the status of an abandoned land, including:

Land that has been granted rights by the State in the form of ownership rights, business use rights, building rights, use rights, and management rights, or the basis for control of land that is not cultivated, not used, or not utilized in accordance with the circumstances or the nature and purpose of the granting of rights or the basis of their mastery (PP No. 11/2010).Land that has land rights in the form of ownership rights, business rights, building rights, use rights, or management rights are declared abandoned if the land is not cultivated, not used, or not utilized according to the condition or nature and purpose of the rights.

Land not yet Submitted for Application of the Right to a Basis for Control of Land.

Land that has not been submitted for an application for land rights or does not have a clear legal basis based on the provisions of the applicable law can be determined as abandoned land. Land as immovable property, proof of ownership or authority is based on land rights in Ownership Rights, Business Use Rights, Building Use Rights, Use Rights, and Management Rights and Land that has obtained the basis of control from the competent authority. Therefore, if the land does not have or has not been submitted for the application of the basic right to the land, the land shall be determined as abandoned land.

Legal Consequences of the Determination of A Land as Abandoned Land

In the event of a land is determined as abandoned land, the legal consequence will be the legal termination of land rights and the change in ownership status will be submitted to the state, therefore the land will be under the control and/or ownership by the state. The Head of BPN will issued the Decision on Determination of Abandoned Land based on the proposal of the Head of the Regional Office. Decision on Determination of Abandoned Land by the Head of BPN affects the land that has been cultivated/utilized/used.

The holder of land rights whose land is determined as abandoned land must vacant the land from the objects above it. The provision is regulated under Article 23 paragraph (1) Perka BPN No.4/2010 in conjunction with Perka BPN No.9/2011. However, if the Right Holder does not carry out their obligations, the object will no longer be their property and will automatically under the control of the State.

For information, State owned land that previously has the status of abandoned land is utilized for the benefit of the community and the State through:

1. agrarian reform;
2. country strategic programs; and
3. other state reserves.

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