Agrarian Law – 2016
Universitas Gadjah Mada
Various Types of Land Rights in Indonesia
Definitions:
1. Right to Cultivate: contains the authority to use land for agricultural businesses in a broad
sense (food agriculture, plantations, animal husbandry, and aquaculture).
2. Right to Build: contains the authority to use land as a place to build buildings (residential,
office, industrial, and road buildings).
3. Right of Use: contains the authority to use land for agricultural business activities and as
a place to construct buildings (combination of cultivation rights and building rights).
Characteristic:
All three have the same properties and characteristics of the general properties and
characteristics of Property Rights:
1. Could be transferred and transferred (switch: automatic transfer of ownership rights
based on law inheritance) (transferred: transfer of ownership rights because there is
something that is intended by law buying and selling and grants);
2. Including land rights that must be registered (must be provided with evidence in the form
of a certificate);
3. All three can be used as collateral for debt with encumbrances with mortgage rights;
Parties who can own:
for Right to Cultivate and Right to Build:
1. Could be owned by an individual with the status of an Indonesian citizen (not necessarily
single, so it can be owned by an individual with dual citizenship);
2. Could be owned by an Indonesian legal entity (legal entity established under Indonesian
law);
for Right Use:
1. Individual Indonesian citizens;
Page 1 of 4
Universitas Gadjah Mada
Various Types of Land Rights in Indonesia
Definitions:
1. Right to Cultivate: contains the authority to use land for agricultural businesses in a broad
sense (food agriculture, plantations, animal husbandry, and aquaculture).
2. Right to Build: contains the authority to use land as a place to build buildings (residential,
office, industrial, and road buildings).
3. Right of Use: contains the authority to use land for agricultural business activities and as
a place to construct buildings (combination of cultivation rights and building rights).
Characteristic:
All three have the same properties and characteristics of the general properties and
characteristics of Property Rights:
1. Could be transferred and transferred (switch: automatic transfer of ownership rights
based on law inheritance) (transferred: transfer of ownership rights because there is
something that is intended by law buying and selling and grants);
2. Including land rights that must be registered (must be provided with evidence in the form
of a certificate);
3. All three can be used as collateral for debt with encumbrances with mortgage rights;
Parties who can own:
for Right to Cultivate and Right to Build:
1. Could be owned by an individual with the status of an Indonesian citizen (not necessarily
single, so it can be owned by an individual with dual citizenship);
2. Could be owned by an Indonesian legal entity (legal entity established under Indonesian
law);
for Right Use:
1. Individual Indonesian citizens;
Page 1 of 4
