Strengthening Land Management Rights (Hak Pengelolaan - HPL)
📌 The government is reinforcing the concept of Land Management Rights (HPL), with specific regulation provided in the 2021 Government Regulation (PP), marking a significant improvement from previous scattered regulations.
🏢 Bank Tanah (Land Bank Agency) is now explicitly named as a subject entitled to hold HPL, in addition to central/local governments, BUMNs, and BUMDs.
🏘️ HPL can now be granted over customary law community land (tanah ulayat), signifying a concrete realization of the state's control right directed towards these communities.
⚖️ A critical new provision involves setting tariffs and mandatory annual fees by the Minister, aiming for uniformity and transparency, potentially preventing past disputes where HPL holders charged excessively high renewal rates (e.g., 36% of NJOP).

Changes to Land Rights (HGU, HGB, Hak Pakai)
📌 For the first time, Hak Guna Usaha (HGU) can be granted over land under HPL, based on the 2020 Omnibus Law, a significant conceptual shift.
🔗 HPL acquired using State or Regional Budget funds (APBN/APBD) are explicitly considered State Property (BMN) or Regional Property (BMD), subjecting cooperation agreements to relevant financial regulations (e.g., those from the Minister of Finance or Home Affairs).
🔄 Renewal (Perpanjangan) for HGU/HGB/Hak Pakai can now be requested before the right expires (not just within the last two years, as previously practiced), provided development/planting is complete (e.g., achieving SLF for residential buildings).

Apartments and Foreign Ownership (Satuan Rumah Susun - SRS)
📌 Foreign nationals can now own apartments (SRS) based on HGB or Hak Pakai, departing from the previous sole reliance on Hak Pakai under the UUPA.
📜 The concept of SRS relies on the principle of horizontal separation (pemisahan horizontal), although the document notes this is confusingly labeled in the explanation text instead of the main regulation norms.
🛂 Requirements for foreign ownership have been relaxed: the need for a stay permit (izin tinggal) is removed; possession of a passport (immigration document) is sufficient.
🏡 A notable omission is the removal of mandatory requirements for foreigners to leave Indonesia for less than one year and the removal of the inheritance restrictions linked to residency status.

New Regulations on Subsurface and Airspace Rights
📌 The regulation formally introduces Rights over Land Space (Ruang Atas Tanah - RAT) and Rights below Land Space (Ruang Bawah Tanah - RBT), both manageable through HPL, HGB, or Hak Pakai.
📏 A new hard limit for the depth of Shallow RBT (RBT Dangkal) is set at 30 meters unless specified otherwise in spatial planning, meaning anything deeper may not fall under the rights of the landowner.
🏗️ Acquiring rights for RAT/RBT requires development and functional use before applying for the right (HGB/Hak Pakai), contrasting with standard land rights where rights can be obtained before construction.

Electronic Registration and Administrative Clarity
📌 The system moves toward electronic land registration and documentation, confirming that electronic information constitutes valid legal evidence.
✍️ The capability to conduct electronic deed creation (pembuatan akta) is introduced, potentially eliminating the requirement for physical meetings with the PPAT and witnesses.
🗒️ Developers/interested parties can now formally request the registration of Pre-Sale Agreements (PPJB) and lease agreements in the general land register or on the certificate, adding transparency to off-plan sales.

Cancellation and Legal Certainty
📌 Cancellation of land rights due to administrative defects (cacat administrasi) is now strictly limited to five years from the certificate issuance, provided the right has not been transferred.
⚖️ If administrative defects lead to disputes exceeding the five-year window, cancellation must proceed through the judicial mechanism (peradilan), challenging the five-year limit set in PP 21/1997's Article 32.
🤝 The concept of a "good faith buyer" (pembeli beritikad baik) is emphasized in litigation, prioritizing procedural adherence, due diligence, and proper registration over strict adherence to administrative timeframes in court.

Key Points & Insights
➡️ Prioritization for Renewal: Former right holders receive priority when applying for renewal if the land is still actively being utilized and managed; physical control remains crucial in land law jurisprudence.
➡️ HGB/Hak Pakai to Freehold Conversion: HGB or Hak Pakai held by Indonesian citizens used for residential buildings, including shop houses (ruko/rukan), can now be converted to Freehold (Hak Milik), resolving long-standing ambiguities.
➡️ Exclusion of Old Claims: There is a clear emphasis on rejecting the use of former colonial land titles (e.g., *Eigendom Verponding*, *erfpacht*) as a basis for claiming ownership, reinforcing that post-UUPA rights are primary.

📸 Video summarized with SummaryTube.com on Dec 01, 2025, 19:37 UTC