How to Change the Name of Land whose Previous Owner Dies in Indonesia?

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Pilot Cities Implementing Electronic Land Certificates in Indonesia", "What Are The Advantages of Electronic Land Certificates?", you may read also "How to Check Land Certificates Validity in Indonesia By Online" and on this occasion we will discuss about 'How to Change the Name of Land whose Previous Owner Dies in Indonesia?'.

Land is a property asset that has a fairly high value and will increase over time. Therefore, many people start buying land before building a residence so that it can become an investment tool in the future. You should discuss the process of buying land as soon as possible with the previous owner so that you can change the name of the land owner to your name so that you don't have problems in the future. However, what if you want to buy land for a house but haven't had time to change the name because the previous land owner has died? The following is how to change the name of a land certificate if the previous owner has died.[1]

Transfer of land rights in conditions like this can be submitted to ATR/BPN and registered in accordance with Article 42 of Government Regulation no. 24 of 1997 concerning Land Registration regarding the Transfer of Rights due to Inheritance by preparing complete files in the form of documents and application requirements.[2]

Documents required include a certificate of the rights concerned, a death certificate of the person whose name is recorded as the holder of the rights, and a letter of proof as an heir. If you are the only beneficiary of the inheritance, then registration of the transfer of rights is carried out based on a letter of proof of being the heir.[3]

However, if you are not the only recipient of the inheritance or more than one, then you need a certificate of heirship and a deed of distribution of inheritance. A Certificate of Inheritance (Proof of Heirship) and a Deed of Distribution of Inheritance to have legal force are made before an Authorized Official, and a Determination Application can also be submitted to the Religious Court or District Court (according to the religion of the Heir and Heir).[4]

There are times when land that has been traded is not immediately transferred to the name of the certificate and is only taken care of when the original owner has passed away. In such cases, the process of changing the name is carried out in stages. The first stage is transferring the name to the heirs. Next, the land certificate which has been reversed becomes the name of the heir, then the name is reversed again to be in the name of the buyer.[5] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Cara Balik Nama Tanah yang Pemilik Sebelumnya Meninggal Dunia", www.detik.com., tim detikcom - detikProperti, Senin, 02 Sep 2024, Diakses pada tanggal 10 September 2024, Link: https://www.detik.com/properti/kepemilikan-rumah/d-7519842/cara-balik-nama-tanah-yang-pemilik-sebelumnya-meninggal-dunia

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

Pilot Cities Implementing Electronic Land Certificates in Indonesia

  

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "How to Register and/or Change a Conventional Land Certificate to an Electronic Land Certificate?", "What Are The Advantages of Electronic Land Certificates?", you may read also "How to Check Land Certificates Validity in Indonesia By Online" and on this occasion we will discuss about 'Pilot Cities Implementing Electronic Land Certificates in Indonesia'.

Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Hadi Tjahjanto, said that the latest developments regarding the electronic land certificate policy are ongoing. He explained that development of the program continues to be carried out, and as many as 13 districts/cities that have been declared 'complete' are a priority to fully implement electronic land certificates. This statement was delivered by Hadi at the Sheraton Grand Jakarta Gandaria City Hotel on Wednesday (10/1/2024).[1]

The following are a number of cities in Indonesia that have achieved the 'complete' title:[2]

1. Denpasar City, Bali.
2. Madiun City, East Java.
3. Bontang City, East Kalimantan.
4. Tegal City, Central Java.
5. Surakarta City, Central Java.
6. Yogyakarta City, Yogyakarta Special Region.
7. Central Jakarta Administrative City, DKI Jakarta.
8. Badung Regency, Bali.
9. North Jakarta Administrative City, DKI Jakarta.
10. West Jakarta Administrative City, DKI Jakarta.
11. Bogor City, West Java.
12. Metro City, Lampung.
13. Balikpapan City, East Kalimantan.

And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Sertifikat Tanah Elektronik adalah: Definisi, Keunggulan dan Cara Buat", www.bfi.co.id., Admin BFI, 25 March 2024, Diakses pada tanggal 29 Agustus 2024, Link: https://www.bfi.co.id/id/blog/sertifikat-tanah-elektronik-adalah 

2. Ibid.

How to Register and/or Change a Conventional Land Certificate to an Electronic Land Certificate?

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "What Are The Advantages of Electronic Land Certificates?", "This Is What Will Happen If Your Land Use Rights Expire", you may read also "How to Check Land Certificates Validity in Indonesia By Online" and on this occasion we will discuss about 'How to Register and/or Change a Conventional Land Certificate to an Electronic Land Certificate?'.

Indonesia citizen now no longer need to worry if they experience land-related problems. The government, through the Ministry of ATR/BPN, has issued regulations for electronic land certificates as stated in the Regulation of the Minister of ATR/Head of BPN Number 1 of 2021 concerning electronic certificates.[1]

What are the procedures for registering and changing a conventional land certificate to an electronic one (el-certificate)?

In article 6 of the Minister of ATR/Head of BPN Regulation Number 1 of 2021 concerning Electronic Certificates, it is explained that there are two categories of issuing electronic land certificates, namely, first-time land registration for land that has not been registered, and changing physical certificates to electronic ones.[2]

A. Terms and methods for registering electronic land certificates

This rule applies to land that has not been registered. These activities include collecting and processing physical data, proving rights and recording them, issuing certificates and presenting them, plus storing general lists and documents using an electronic system.[3]

1. Collection and processing of physical data in the form of electronic documents in the form of: (a). Measurment drawing; (b). Land map or space map; (c). Measurment letter, apartment unit plan drawing, or room measurment letter; (d). Other documents resulting from the collection and processing of physical data
2. Land whose boundaries have been determined in systematic or sporadic registration is given a land plot identification number.
3. Proving the right to land ownership with written evidence in the form of: (a). Electronic documents issued through an electronic system, and/or (b). Documents that undergo media transfer become electronic documents
4. Collection and research of juridical data in several electronic documents, namely: (a). Land whose rights have been determined or have waqf land status will be registered via an electronic system and an e-certificate will be issued; (b). The right holder or nazhir will receive an e-certificate and access to it.

B. Terms and methods for changing electronic land certificates

Changing to an electronic certificate can only be done on plots of land that have been registered and issued a Certificate of Land Rights, management rights, ownership rights to apartment units or waqf land.[4]

1. Replacement services are carried out through requests for land registration data maintenance services.
2. Replacement can be made if the physical and legal data in the land book and certificate match those in the electronic system.
3. If it is not match or appropriate, the Head of the Land Office will validate it using rights holder, physical and juridical data.
4. Changing to an electronic land certificate or e-certificate involves changing the land book, measurement letter, and/or apartment unit plan drawing into an electronic document.
5. Next, the replacement of the e-certificate is recorded in the land book, measurement letter, and/or apartment unit plan drawing.
6. The Head of the Land Office will withdraw the certificate to be combined with the land book and stored as a certificate at the Land Office.
7. All manuscripts will undergo media transfer (scanning) and be stored in a database.

And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Cara Daftar dan Ganti Sertipikat Tanah Elektronik", indonesiabaik.id., Redaktur: Andrean W. Finaka, Riset : Yuli Nurhanisah, Desain : Abdurrahman Naufal,  Diakses pada tanggal 29 Agustus 2024, Link: https://indonesiabaik.id/infografis/cara-daftar-dan-ganti-sertipikat-tanah-elektronik 

2. Ibid.

3. Ibid.

4. Ibid.

What Are The Advantages of Electronic Land Certificates?

  

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "What is an Electronic Land Certificate?", "How to Check Land Certificates Validity in Indonesia By Online", you may read also "This Is What Will Happen If Your Land Use Rights Expire" and on this occasion we will discuss about 'What Are The Advantages of Electronic Land Certificates?'.

Electronic land certificates offer a number of significant advantages in various aspects. Some of these include:[1]

1. Publishing Time Efficiency. Electronic land certificates provide advantages in terms of efficiency in issuance time. The certificate issuance process is faster and more efficient, reducing the waiting time usually associated with producing physical documents. This can speed up the property transaction process and provide direct benefits to certificate holders.
2. Easy Defense Administration Process. Another advantage of electronic land certificates lies in the ease of the administration process, especially related to sale and purchase transactions and mortgage rights. With an electronic format, the administration process becomes smoother, reducing the hassle often associated with physical documents. This can help property owners, interested parties, and related agencies process documents more efficiently.
3. Minimizing the Risk of Fake Certificates and Duplication. Electronic land certificates also provide additional security by minimizing the risks associated with fake certificates and duplication. The electronic format allows the adoption of more advanced security technologies, such as digital signatures and data encryption. This can provide stronger protection against attempts to forge certificates, thereby increasing confidence in property transactions and the validity of land ownership documents.

And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Sertifikat Tanah Elektronik adalah: Definisi, Keunggulan dan Cara Buat", www.bfi.co.id, Admin BFI, 25 March 2024, Diakses pada tanggal 24 Agustus 2024, Link: https://www.bfi.co.id/id/blog/sertifikat-tanah-elektronik-adalah 

What is an Electronic Land Certificate?

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "How to Check Land Certificates Validity in Indonesia By Online", "This Is What Will Happen If Your Land Use Rights Expire", you may read also "Now, Foreign Citizens Can Buy Property in Indonesia With Just a Passport" and on this occasion we will discuss about 'What is an Electronic Land Certificate?'.

What is an Electronic Certificate?

Electronic certificates are land certificates in digital form as part of the ATR/BPN Ministry's innovation in services related to certificates.[1] The definition of an electronic certificate is any form of thing that contains and is contained in an electronic certificate and is reinforced by a signature in electronic form, especially showing data and identity as well as legal subject status for the parties thereto, which in this case is held by the party authorized to carry out the implementation, namely parties or legal entities who are experts in validating and auditing electronic certificate data.[2]

Legal Basis for Electronic Land Certificates

The legal basis for electronic certificates, in particular, is Law No. 11 of 2021 concerning Electronic Transaction Information (ITE). Another legal basis is the Minister of Land Regulation concerning "Certificates", namely ATR/BPN Ministerial Regulation No. 1 of 2021 concerning Land Registration.[3]

Purposes of Making an Electronic Land Certificate

The implementation of electronic land certificates is carried out in stages, from assets of State-Owned Bodies, Regional-Owned Bodies, State-Owned Enterprises, legal entities, houses of worship, 12 to 13 complete districts/cities, then throughout Indonesia. The purpose of an electronic land certificate is that it is important for the public to have it due to the following things:[4]

1. Reduces the Risk of Loss and Damage. The main purpose of using electronic land certificates is to reduce risks that may arise due to loss, theft, or damage that can be caused by disasters, fires, and other threats. By using electronic format, the security and integrity of information related to land ownership can be more effectively maintained.
2. Easy to manage data. The implementation of electronic land certificates also aims to facilitate data management. With electronic processing, land-related data can be processed more efficiently, save costs, and increase the level of data confidentiality and security. In this way, the accuracy and availability of land ownership information can be better maintained.

And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Pertanyaan yang sering diajukan tentang Sertipikat Elektronik", kot-mataram.atrbpn.go.id., Diakses pada tanggal 8 Agustus 2024, Link: https://kot-mataram.atrbpn.go.id/menu/detail/27537/pertanyaan-yang-sering-diajukan-tentang-sertipikat-elektronik

2. "Sertifikat Tanah Elektronik adalah: Definisi, Keunggulan dan Cara Buat", www.bfi.co.id., 25 March 2024, Admin BFI, Diakses pada tanggal 8 Agustus 2024, Link: https://www.bfi.co.id/id/blog/sertifikat-tanah-elektronik-adalah

3. Ibid.

4. Ibid.

How to Check Land Certificates Validity in Indonesia By Online

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Indonesian Religious Organizations Granted Permit to Manage Mines", "How To Buy Land In Indonesia?", you may read also "Principles of Buying Land in Indonesia" and on this occasion we will discuss about 'How to Check Land Certificates Validity in Indonesia By Online'.

A land certificate is an official document issued by the National Land Agency (BPN) as proof of ownership of land. As proof of rights, people need to check the validity of a land certificate to find out whether it is genuine or fake. This aims to avoid attempts to falsify this important document by irresponsible individuals. The current way to check land certificates is no longer having to go and queue at the Land Office. This is because the Ministry of Agrarian Affairs and Spatial Planning (ATR)/BPN has provided two methods for checking land files online and its free.[1]

How to Check Land Certificates By Online?

The public can check the authenticity of land certificates via the official website www.atrbpn.go.id by following these steps:[2]

• Open the site www.atrbpn.go.id; 
• Click the "Publication" menu at the top of the site page;
• Select the "Service" menu;
• Click the "File checking" menu; 
• Or you can also directly click the link: www.atrbpn.go.id/ jasa/pengecekan-berkas;
• Enter information in the form of office name, file number, and year. 
• Type in the available captcha number, then click "Search File". 

Next, the system will automatically display land certificate data according to the information that has been entered.

How to Check The Land Certificate Number?

For information, the land certificate number consists of 14 special digits which contain a code to indicate the location and status of land ownership. For example, a land certificate with number 10.15.22.05.3.01234, whose code meaning includes:[3]

• The first two digits (10) are the provincial code number; 
• The second two digits (15) are the district/city code number; 
• The third two digits (22) are the sub-district code number; 
• The fourth two digits (05) are the sub-district/village code number; 
• The next one digit (3) is the code or identification number for property rights; and 
• The last five digits (01234) are a unique code that indicates land ownership rights.

The location of the land certificate number can be seen at the bottom of this important document. This number has been assigned in accordance with a special order issued by the Ministry of ATR/BPN. Meanwhile, the number listed under the 'Garuda' logo is the rights number or number on the Ownership Rights Certificate (SHM) and Building Use Rights Certificate (SHGB).[4] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "2 Cara Cek Sertifikat Tanah secara Online untuk Tahu Asli atau Palsu", www.kompas.com., 22/07/2024, Diva Lufiana Putri, Inten Esti Pratiwi, Diakses pada tanggal 24 Juli 2024, Link: https://www.kompas.com/tren/read/2024/07/22/103000965/2-cara-cek-sertifikat-tanah-secara-online-untuk-tahu-asli-atau-palsu

2. Ibid.

3. Ibid.

4. Ibid.