Saturnino A. Pacubas - USAid
Saturnino A. Pacubas - USAid
Saturnino A. Pacubas - USAid
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and area and the name of the owner. And during the Japanese<br />
occupation the Japanese changed the name cadaster service into<br />
Land Registration Office.<br />
Indonesia proclaimed its independence in 1945 and on<br />
September 24, 1960, the Basic Agrarian Law (Act No. 5/60) was<br />
passed by the Government. Under this law the dualis'ic system<br />
of registration was abolished (western & adat) and only one<br />
basic law called "Undang-Undang Pokok Agraria" abbreviated as<br />
BAL was promulgated to govern land registration in Indonesia.<br />
Art. 19 of this law provides as follows:<br />
"(1) In order to guarantee legal security the Government<br />
shall conduct land registration throughout the territory<br />
of the Republic of Indonesia according to provisions laid<br />
down by Government Regulation.<br />
"(2) The registration mentioned in paragraph (1) of this<br />
article covers:<br />
a. The measuring, mapping and recording of land 7<br />
b. The registration of the rights on land and<br />
transfer of these rights;<br />
c. The issue of certificates of rights on land,<br />
which will be valid as a strong evidence.<br />
"(3) The registration of land shall be conducted, with<br />
due consideration to the condition of the State and the<br />
society, of the traffic and socio-economic needs as well<br />
as the possibility of its implementation according to the<br />
consideration of the Minister of Agrarian Affairs.<br />
"(4) The expenses related to the registration meant in<br />
paragraph (I) mentioned above shall be regulated by<br />
Government Regulations, with the provision that those who<br />
are without meant shall be exempted from those expenses."<br />
By way of implementation of the BAL, Government Regulation<br />
No. 10/1961 was introduced and took effect on March 23, 1961.<br />
However, it started to be enforced or implemented only on<br />
Septemb&er 24, 1961 in the islands of Java, Madura and Bali and<br />
gradually to the other regions of Indonesia from March 24,<br />
1962. This law provided for the procedures to be followed in<br />
all the activities involved in land registration, namely:<br />
(a) Surveying, Mapping and Recording of land;<br />
(b) Registration of rights on land and transfers of these<br />
rights; and<br />
(c) Issuance of certificate of rights on land.