Through Government
Regulation No. 20 of 2021 concerning the Regulation of Abandoned Areas and Land (“PP 20/2021”), the Government regulates land that has been left unused. The aim is to ensure that land is used fairly, productively, and continues to fulfill its social function. GR 20/2021 is a form of synchronization with the Job Creation Law and an improvement on previous regulations. GR 20/2021 provides clearer regulations on the stages of evaluation, warning, and determination of abandoned land to make the process more effective, as well as encouraging the optimization of land use by the state.
What is Abandoned Land?
Abandoned land is defined as land rights, land management rights, and land acquired based on land consolidation, which is intentionally not cultivated, not used, not utilized, and/or not maintained by the rights holder or the party controlling it, as regulated in GR 20/2021.
Objects of Abandoned Land
Article 5 of Government Regulation No. 20 of 2021 sets out the criteria for abandoned land, which includes registered or unregistered land that is intentionally not cultivated, used, utilized, and/or maintained. Such objects include land rights consisting of Freehold Rights, Building Use Rights (HGB), Business Use Rights (HGU), Usage Rights, Management Rights, and land acquired based on land control.
Land that meets the criteria for abandoned land under Article 7 of Government Regulation No. 20 of 2021:
- reehold land with the following conditions:
- not used, utilized, or maintained intentionally,
- controlled by the community as a settlement,
- controlled by another party for 20 years without legal basis,
- failing to fulfill its social function, for example, land is considered neglected if the owner or manager allows it to be abandoned, fails to prevent it from being controlled by another party, or allows it to cause environmental damage and disasters.
- HGB, Right of Use, and Right of Management land that has not been used or maintained for 2 years since the right was issued.
- HGU land that has not been utilized within 2 years since the right was granted.
- Land that is directly controlled (not yet certified) if it has not been used for 2 years since it was controlled.
Stages of Abandoned Land Regulation
Before issuing abandoned land objects, the government will carry out the following stages (Article 22 of Government Regulation 20/2021):
- Valuation
The evaluation of abandoned land includes examining documents, plans, and land use conditions, as well as notifying the owner. This process takes 180 days. If the land remains unused, a warning will be issued. If there are no elements of abandonment, the land will be removed from the list of abandoned land.
- Abandoned Land Warning
If the land is proven to be abandoned, the landowner will be issued three written warnings within a period of 90 days for the first warning, 45 days for the second warning, and 30 days for the third warning.
- Designation of Abandoned Land
If the landowner fails to respond to the third written warning, the Regional Office Head will propose the designation of the land as abandoned to the Minister within a maximum of 30 working days.
Exceptions to Abandoned Land
Article 5 (1) of Government Regulation No. 20 of 2021 explains the objects that do not include the element of “intentionality,” and are therefore exempted as abandoned land:
- that is the subject of a court case,
- land designated for conversion in accordance with laws and regulations,
- land designated for conversion in accordance with laws and regulations,
- force majeure.
As for land under management rights that are exempted as abandoned land objects as listed in Article 8 of Government Regulation No. 20 of 2021, these include land under the management rights of customary law communities and land under management rights that are assets of the Land Bank.
Conclusion
Abandoned land is land that has never been utilized in accordance with the provisions of Government Regulation No. 20 of 2021. Land that has not been used for two years has the potential to become abandoned land. However, this provision does not apply to land with ownership rights, as such land has special conditions and cannot be directly categorized as abandoned land.
Legal Basis
Government Regulation No. 20 of 2021
Authors:
Salma Ariana Taruna, S.H.
Eva Rutnauli Sinaga
Editor :
Muhammad Arief Ramadhan, S.H.