Prevention Of Land Cases Regulation

July 15, 2024

In the year 2020, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (the “Minister”) issued a regulation on the land cases management and settlement. Due to the high number of land cases that tend to occur repeatedly, it is necessary to have a legal instrument that prevents the occurrence of these cases, particularly cases relating to ownership and utilization of land. On April 3, 2024, the Minister issued the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation Number 15 of 2024 on the Prevention of Land Cases (the “Minister Reg. 15/2024”).

We set out below key provisions under the Minister Reg. 15/2024 in this Newsflash.

♦ Stages of Case Prevention

Article 2 of Minister Reg. 15/2024 stipulates that case prevention is divided into the following stages:

1. Case identification
  Case identification is conducted to determine the causes of cases, whether originating from internal factors (such as the lack of order of land administration, human resources within the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, Regional Land Offices or Land Offices, or non-integrated information systems), as well as external factors (such as criminal acts in the land sector, document discrepancies, or insufficient public knowledge of land laws).The case identification also involves conducting an inventory and compiling the results of case identification. The inventory involves the following activities:
  1. 1. Collecting data: collecting cases handled and resolved in the case management information system within the Ministry;
    2. Collecting issues: gathering information from mass media sources;
    3. Collecting academic research findings: gathering data and/or information from normative and/or empirical research related to case data;
    4. Collecting regulations: gathering laws and regulations related to the case data; and/or
    5. Collecting data/information from stakeholders and the public.

The results of the case identification are compiled into a report detailing inventory findings, relevant parties handling the case, inferred impacts, a summary of findings, and conclusions.

1. Assessment of identification results
  Article 14 of the Minister Reg. 15/2024 stipulates that the assessment of case identification results involves evaluating cases based on (i) urgency, (ii) seriousness, (iii) developments, (iv) complexity, and/or (v) resulting losses. The assessment of case identification results is carried out by analyzing causal factors according to case anatomy and typology and formulating the root issues.The assessment of case identification results is also documented in a report.
2. Formulation of Recommendations
  Article 16 of the Minister Reg. 15/2024 provides that the formulation of recommendations is based on the case identification report. The recommendations include regulatory analysis, policy strategies, cooperation among institutions strategies, and a case prevention work plan. The recommendations are made in a report and signed by the Director General.

♦ Case Prevention Strategies

Article 17 of the Minister Reg. 15/2024 stipulates that the case prevention strategies are implemented by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, Regional Land Office, and Land Office and formulated in the annual working plan. These strategies involve activities such as improving the quality of human resources, enhancing information systems, reviewing regulations, socialization, and/or coordinating and collaboration.

♦ Monitoring and Evaluation

Article 19 of the Minister Reg. 15/2024 stipulates that the monitoring and evaluation are conducted against the implementation of the recommendations as outlined above. Monitoring and evaluation are conducted periodically by the Directorate General at least once a year and the Regional Land Office at least twice a year. The results of the monitoring and evaluation are documented in a report and submitted to the Minister. If any recommendations have not been implemented, the Directorate General will report to the inspectorate general for further investigation.

AKSET

Please contact Inka Kirana (ikirana@aksetlaw.com), M. Raehan A. Fadila (mfadila@aksetlaw.com) or Arthur Basa Okuli Nainggolan (anainggolan@aksetlaw.com) for further information.

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