STATE LAND is land that is controlled directly by the state and is not attached to any Land Rights, is not waqf land, is not ulayat land and/or is not a State/Regional Property asset [PP No. 19/2021] & [ATR/BPN Ministerial Regulation No. 19/2021].
Based on this definition, waqf land, customary land and/or State/Regional Property are not state land. This means that state land is land that is completely free from all rights on it.
In the context of land acquisition, the definition of state land is very important, because parties who control state land in good faith have the right to receive compensation [PP 19/2021 Article 18 (2) (f), Article 24 and ATR/BPN Ministerial Decree No. . 19/2021, Article 46 (2) (f)]
If the land acquisition concerns state (free) land as defined above, but it turns out that someone controls the state land with good ethics, then compensation must be given.
In land procurement involving state land, sometimes there is a misunderstanding in implementing PP 62/2018 so that only social impacts are handled. Indeed, in PP 62/2018 there is a definition of state land, but the context is that state land (not free) such as land used by railways, still has an owner, namely PT Kereta Api, so only social impact management is implemented according to PP 62/2018. If land acquisition concerns free state land, according to the author it must refer to [PP 19/2021 Article 18 (2) (f), Article 24 and ATR/BPN Ministerial Regulation No. 19/2021, Article 46 (2) (f)].
The following is a more detailed explanation regarding controlling state land with good ethics as explained in PP 19/2021 Article 18 (2) (f), Article 24 and ATR/BPN Ministerial Regulation No 19/2021, Article 52:
Parties who control State Land in good faith include individuals, legal entities, social entities, religious bodies, Central Government, Regional Government, village governments, Land Banks, state-owned enterprises, regional-owned enterprises and village-owned enterprises who owns or controls the Land Acquisition Object in accordance with the provisions of statutory regulations.
Control of State Land is proven by means of evidence, in the form of: (1) certificate of Land Rights that has expired; (2) the term of the right as long as it is still used and exploited by the former right holder; (3) permit to cultivate/open land; (4) letter of appointment/purchase of replacement land plot; or (5) other evidence that is equivalent to other proof of control.
In the event that control of State Land cannot be proven as above (1 to 5) but is controlled physically and on it there are fields, gardens, growing crops, former growing crops, permanent/non-permanent buildings, proof of control includes:
(a). a statement of physical control of the land plot of the person concerned, known by a person who can be trusted and witnessed by at least 2 (two) witnesses from the local community who do not have a family relationship with the person concerned up to the second degree, either in vertical or horizontal kinship, which declare: (1) the person concerned is truly the owner or controls the plot of land; (2) the plot of land is actually controlled by the person concerned continuously/uninterruptedly accompanied by a history of acquisition, land control and clear boundaries; and (3) the person concerned is fully responsible civilly and criminally; and
(b). a certificate from the village head/lurah or other name stating that there is no dispute over the land with other parties and does not serve as collateral for debts and receivables.
Proof of control of (a) and (b) above is considered as permission from the authorized official.
Published by :
Rimun Wibowo
Chairman & Senior Principal of Social Safeguards at LPM EQUATOR | The Indonesia NLCs [Networks of Learning Centers for Environmental & Social Standard]