Video summary
Mekanisme Pengadaan Tanah untuk Kepentingan Umum (PP 19/2021 jo. PP 39/2023)
Main summary
Key takeaways
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:
- Land acquisition planning
- Land acquisition preparation
- Land acquisition implementation
- 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
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.
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
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
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).
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
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
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.
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)
- Preparation for inventory and identification of entitled parties
- Determine compensation value through deliberation on compensation form
- Provide compensation in special circumstances when applicable
- Deposit compensation in court when needed (e.g., disputes/objections)
- Release land acquisition objects
- Terminate legal relations between entitled party and land object, and document all data
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
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
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).
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.
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.
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.
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.
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
- head of procurement team hands over results to the land-requiring agency:
- 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.
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.
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