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Saturnino A. Pacubas - USAid

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- 6 ­<br />

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.

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