UUPA English

8/14/2019 UUPA English

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BASIC AGRARIAN LAW

(UUPA)

Act No. 5 of 1960 re the Basic Proisio!sco!cer!i!" the #$!%a&e!ta's

of A"raria! Affairs

Translation/EditingFile Name : Land-594


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BASIC AGRARIAN LAW

(UNDANG-UNDANG POKOK AGRARIA UUPA)

AC* N+. 5 +# 1960 R, *-, BASIC PR+ISI+NS C+NC,RNING*-, #UN/A,N*ALS +# AGRARIAN A##AIRS

*hir% Pri!ti!"

*-, /IR,C*+RA*, G,N,RAL +# AGRARIAN A##AIRS+# *-, /,PAR*,N* +# -+, A##AIRS

1926



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AC* N+. 5 +# 1960R,

BASIC PR+ISI+NS C+NC,RNING*-, #UN/A,N*ALS +# AGRARIAN A##AIRS

*-, PR,SI/,N* +# *-, R,PUBLIC +# IN/+N,SIA

co!si%eri!"3

a. that in the State of the Republic of Indonesia, the structure of whose society andeconomy is primarily of agrarian nature, the bumi(soil), air(water), and ruangangkasa (airspace) --which are the gifts of the Only One God-- hae eryimportant functions in the deelopment of a !ust and prosperous society"

b. that the agrarian law which has remained effectie up to the present moment wasdeeloped partly on the basis of the purposes and principles of the colonial

goernment and partly out of the influences of the said goernment and is,therefore, in conflict with the people#s and State#s interests in the completion ofthe current national reolution and in the implementation of oerall deelopment"

c. that the said agrarian law is dualistic in nature, gien that adat(customary) law isalso effectie in addition to the former, which is based on western law"

d. that to the indigenous people, the colonial agrarian law does not guarantee anylegal certainty"

o4i!i!"3a. that in iew of what is described in the considerations aboe, it is deemed

necessary to establish a national agrarian law which is based on adatland law,

which is simple, and which guarantees legal certainty for all Indonesian people,without neglecting the elements which hinge on religious law"b. that the national agrarian law shall open up possibilities for the soil, water, and

airspace to carry out their functions as meant aboe, shall be consistent with theinterests of the Indonesian people, and shall fulfill on a timely basis the needse$isting in all agrarian-related matters"

c. that the national agrarian law shall bring into reality the spiritual principles of theState --namely %elief in the Only One God, &umanity, 'ationalism, emocracy,and Social ustice-- as well as the ideals of the 'ation as laid down in the*reamble of the +onstitution"

d. that the national agrarian law shall also proide for the implementation of the uly, *residential ecree, of the proisions contained in /rticle 00 of the+onstitution, and of the *olitical 1anifesto of the Republic of Indonesia, which--as asserted in the *resident#s 2 /ugust, 34 speech-- obliges the State toregulate land ownership and to manage land use so as to ensure that all lande$isting within the territory under the soereignty of the 'ation will be used,either on an indiidual basis or on a gotong royong(mutual help) basis, to bringabout the upmost prosperity for all the people"



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e. that in connection with all that has been described aboe, it is deemed necessaryto lay the necessary principles and to deelop new basic proisions in the form ofan act which shall sere as a foundation for the deelopment of the said nationalagrarian law"

4ai!" atte!tio! to3

the proposal of the *roisional Supreme /disory %oard of the Republic ofIndonesia 'o. 56pts5Sd5II534 on the Restructuring of 7and Rights and 7and8se"

eari!" i! &i!% 3

a. the uly *residential ecree"b. /rticle 00 of the +onstitution"c. *residential ecree 'o. of 34 (State Ga9ette 'o. 34-4), which declares

the *olitical 1anifesto of the Republic of Indonesia dated 2 /ugust as thestate#s policy guidelines, and *residential 1essage dated 2 /ugust 34"

d. /rticle in con!unction to /rticle :4 of the +onstitution"

a!% 7ith the a44roa' of the Gotong Royong (&$t$a' he'4) /PR -o$se of the

Peo4'e8s Re4rese!taties

R,S+L,S

to reoe 3

. Agrarische Wet (S. 1870-55) ;/grarian /ct (State Ga9ette 'o.


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?. %oo@ Awo of the +iil +ode of the Republic of Indonesia insofar as it pertains tosoil, water, and the natural resources contained therein, to the e$clusion of the

proisions concerning hypothee%(mortgage) which are still effectie at the timethis act comes into effect"

a!% to sti4$'ate 3

AC* R, BASIC PR+ISI+NS C+NC,RNING *-, #UN/A,N*ALS +#AGRARIAN A##AIRS.

#IRS*

C-AP*,R I*-, #UN/A,N*ALS AN/ *-, BASIC PR+ISI+NS

Artic'e 1

() Ahe entire territory of Indonesia is the totality of the motherland of the wholeIndonesian people, who are united as the Indonesian nation.

(:) /ll the earth, water, and airspace, including the natural resources containedtherein, which e$ist within the territory of the Republic of Indonesia as gifts fromthe Only One God, are the Indonesian nation#s earth, water, and airspace andconstitute the nation#s wealth.

(0) Ahe relationship of the Indonesian nation to the earth, water, and airspacereferred to in paragraph (:) of this article is eternal.

(?) Bhat is meant by earth includes not only the surface of earth but also the masse$isting thereunder and the mass e$isting under the water.

() Bhat is meant by water includes not only the water found inland but also thewater e$isting in the seas within the territory of Indonesia.(3) Bhat is meant by airspace is the space oer the soil and water as meant in

paragraphs (?) and () of this article.

Artic'e :

() On the basis of the proisions contained in /rticle 00 paragraph 0 of the+onstitution and of the matters referred to in /rticle of this /ct, the earth,water, and airspace, including the natural resources contained therein, are at thehighest hierarchical leel controlled by the State in its capacity as the whole

people#s organisation of powers.(:) Ahe State#s right of control as referred to in paragraph () of this /rticle confersthe authorityCa. to regulate and administer the allocation, use, supply, and maintenance of

the earth, water, and airspace"

TranslationFile Name : Land-594

0


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b. to determine and regulate legal relationships between people and the earth,water, and airspace"

c. to determine and regulate legal relationships among people as well as legalacts concerning the earth, water, and airspace.

(0) Ahe powers which are deried from the State#s right of control as referred to in

paragraph (:) of this article shall be used to achiee the utmost prosperity --interms of democracy, welfare, and freedom for the society and legal State ofIndonesia which is independent, soereign, !ust, and prosperous.

(?) Ahe authority to implement the State#s right of control referred to aboe can bedelegated, as reDuired, and proided that it is not contrary to the nationalinterest, to /utonomous Regions and to adat-law communities by way of aGoernment Regulation..

Artic'e ;

In iew of the proisions contained in /rticles and :, the implementation of the

'layat rights and other similar rights of adat-law communities --as long as suchcommunities in reality still e$ist-- must be such that it is consistent with the nationalinterest and the State#s interest and shall not contradict the laws and regulations ofhigher leels.

Artic'e ery indiidual and corporate body which holds a right to agricultural land is in

principle obliged to actiely till the land or wor@ on it themseles while aoidingany methods of human e$ploitation.(:) Ahe implementation of the proision contained in paragraph () of this article is

to be regulated further by way of legislation.(0) >$emptions from the principle as meant in paragraph () is to be regulated by

way of legislation.

Artic'e 11

() 7egal relationships between people, including bodies corporate, and the earth,water, and airspace and the authorities deried therefrom are to be regulated so

as to achiee the purpose referred to in paragraph (0) of /rticle : and thate$cessie control of other people#s lies and occupations is preented.(:) ifferences in social conditions and the legal needs of societal groupsshall, whereer necessary, be ta@en into account by proiding guaranteed protectionfor the interests of the economically wea@er groups, proided that this isnot contraryto the national interest.



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Artic'e 1:

() /ll !oint enterprises in the area of agrarian affairs are to be based on the commoninterest within the framewor@ of the national interest and are to be underta@en inthe form of cooperaties or other methods ofgotong royong(mutual help).

(:) Ahe state can, in cooperation with other parties, underta@e enterprises in the areaof agrarian affairs.

Artic'e 1;

() Ahe Goernment shall see@ to regulate enterprises in agrarian affairs in such away that these enterprises can improe the people#s production and prosperity asmeant in /rticle : paragraph (0) and ensure a standard of liing which measuresup with human dignity for eery Indonesian citi9en and his5her family.

(:) Ahe Goernment shall preent any enterprises of priate-monopolistic nature byorgani9ations and indiiduals in the area of agrarian affairs.

(0) /ny monopolistic enterprises by the Goernment in the area of agrarian affairscan only be implemented by way of an act.

(?) Ahe Goernment shall see@ to adance social certainty and security, including thefield of labor affairs, through enterprises in agrarian affairs.

Artic'e 1 WA*,R> AN/ AIRSPAC,

AN/LAN/ R,GIS*RA*I+N

Sectio! I3Ge!era' Proisio!s

Artic'e 16

() Ahe rights on land as meant in paragraph () of /rticle ? are as followsCa. ha% $ili%(right of ownership),

b. ha% g'na-'saha(right of cultiation),c. ha% g'na-/ang'nan(right of use of structures),d. ha% pa%ai(right of use),e. ha% sea(right of lease),f. ha% $e$/'%a tanah(right to clear land),g. ha% $e$'ng't-hasil-h'tan(right to collect forest produce), andh. rights other than those mentioned aboe which shall be stipulated by way of

an act and rights of proisional nature which are mentioned in /rticle 0.

(:) Ahe rights to water and airspace as meant in paragraph (0) of /rticle ? are asfollowsCa. ha% g'na-air(right of use of water)"

b. ha% pe$eliharaan dan penang%apan i%an(right to cultiate and catch fish)"and

c. ha% g'na-r'ang-ang%asa(right of use of airspace).

Artic'e 12

() In iew of the proisions contained in /rticle 2, the ob!ectie referred to in

paragraph 0 of /rticle : shall be achieed by regulating the ma$imum and5orminimum limits on the area of land which can be held by a family or a corporatebody under one of the rights mentioned in /rticle 3.

(:) Ahe ma$imum limits referred to in paragraph of this article shall be stipulatedby way of legislation in the near future.

(0) 7ands in e$cess of the limits referred to in paragraph (:) of this article shall beta@en by the Goernment with compensation proided and shall subseDuently beredistributed to the people who need land in accordance with the proisions of aGoernment Regulation.


2


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(?) Ahe achieement of the minimum limits referred to in paragraph of this article,which shall be stipulated by way of legislation, shall be implemented in a stagedmanner.

Artic'e 1=

In the interests of the public as well as of the nation and of the state and in thecollectie interests of the people, land rights can be reo@ed by proiding appropriatecompensation and in accordance with the procedure which is to be stipulated by wayof an /ct.

Sectio! II3 La!% Re"istratio!

Artic'e 19

() Ao guarantee legal certainty, the Goernment is to implement land registration

throughout the whole territory of the Republic of Indonesia in accordance withproisions which are to be stipulated by way of a Goernment Regulation.

(:) Ahe registration referred to in paragraph of this /rticle includes the followingCa. the sureying, mapping, and recording of land in a boo@"

b. registration of rights on land and of transfers of the said rights" andc. granting documentary instruments of eidence of right, which shall sere as

strong instruments of eidence.(0) 7and registration is to be implemented by ta@ing into account the condition of

the State and of the society, the needs for socio-economic moements, and thepossibility of implementing it, according to the 1inister of /grarian /ffairs#considerations.

(?) Ahe fees pertaining to the land registration referred to in paragraph () shall beregulated by way of a Goernment Regulation with a proision e$empting thefinancially incapable from the said fees.

Sectio! III3Hak Milik(Ri"ht of +7!ershi4)

Artic'e :0

() /a% $ili%(right of ownership) is the inheritable right, the strongest and fullestright on land which one can hold, sub!ect to the proision contained in /rticle 3.

(:) /a% $ili%can change hands and be transferred to other parties.

Artic'e :1

() Only Indonesian citi9ens can hae a ha% $ili%.(:) Ahe Goernment is to determine which corporate bodies can hae a ha% $ili%

and the conditions thereof.



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(0) / foreigner who, following the entry into force of this /ct, acDuires a ha% $ili%by way of inheritance without a will or by way of !oint ownership of propertyresulting from marriage and an Indonesian citi9en holding a ha% $ili% who,following the entry into force of this /ct, loses Indonesian citi9enship is obligedto relinDuish that right within one year following the date the ha% $ili% is

acDuired in the case of the former or following the date upon which Indonesianciti9enship is lost in the case of the latter. If following the e$piry of the said timr

periods, the right is not relinDuished, then the siad right is nullified for the sa@e oflaw and the land falls to the State with the proiso that the rights of other partieswhich encumber the lands remain in e$istence.

(?) /s long as one with Indonesian citi9enship concurrently holds foreign citi9enship,he5she cannot hae land with the status of a ha% $ili%, and to him5her the

proision as meant in paragraph 0 of this article shall apply.

Artic'e ::

() Ahe creation of a ha% $ili% according to adat law is to be regulated in aGoernment Regulation.

(:) In addition to the method as meant in paragraph () of this article, a ha% $ili%can come into e$istence by way of Ca. a determination of the Goernment in accordance with the manner and

conditions stipulated in a Goernment Regulation, andb. the proisions of an act.

Artic'e :;

() / ha% $ili%, eery transfer affecting a ha% $ili%, the nullification of a ha% $ili%,

and the encumbering of a ha% $ili%with other rights must be registered inaccordance with the proisions referred to in /rticle .(:) Ahe registration referred to in paragraph () shall sere as a strong instrument of

eidence concerning the nullification of a ha% $ili%and concerning the alidity ofthe transfers and encumbrances affecting the said right.

Artic'e :$patriates are prohibited from haing a ha% $ili%;/rticle :3(:)=.>$patriates can only hae a ha% pa%ai (right of use) to land of limited dimensions.Similarly, corporate bodies basically cannot hae a right of ownership ;/rticle :(:)= onthe consideration that that corporate bodies do not need to hae a right of ownership butanother right will do for them as long as it is eDuipped with an adeDuate guarantee for thefulfillment of their specific reDuirements (e.g. ha% g'na-'saha, ha% g'na-/ang'nan, orha% pa%ai according to /rticles :


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corporate body in Duestion as one eligible for a ha@ mili@ to land ;/rticle :(:)=.+orporate bodies dealing in social and religious affairs are designated as ones that canhae a ha% $ili%to land (/rticle ?), but they can hae it only for as long as the land isused to support their actiity in social and religious affairs. In matters that are notdirectly related to social and religious affairs, they are to be considered ordinarycorporate bodies.

(3) Still in connection with the principle of nationality as meant aboe, it is proided in/rticle (:) that Hevery Indonesian citi4en2 /e it $ale or e$ale2 shall have e='alopport'nities to ac='ire a land right and to o/tain /eneits and yields thereo2 either

or hi$sel>hersel or or his>her a$ily.1eanwhile, it is necessary to proide protection for economically wea@ groups againsteconomically strong citi9ens. In iew of this, /rticle :3() stipulates that Hthe

sale>p'rchase2 e9change2 granting2 conveyance ith a ill2 conveyance 'nder adat(c'sto$s)2 and other acts hich are intended to transer a ha% $ili% and ho tooversee s'ch acts shall /e reg'lated /y ay o a ?overn$ent +eg'lation . It is this

proision that will sere as an instrument to protect economically wea@ groups as meantaboe.In this connection, it may also be necessary to note the proisions of /rticle (), which

are aimed at preenting the occurrence of e$cessie control of other people#s liing and!obs in agrarian-related business lines because such control contradicts the principle ofhumanity-based social !ustice. /ll !oint enterprises in the area of agrarian affairs should

be based on common interests which are consistent with national interests ;/rticle:()=, and the Goernment is reDuired to preent the e$istence of any enterprises of

priate-monopolistic nature by organi9ations or indiiduals in the area of agrarian affairs;/rticle 0(:)=. &oweer, it is not only monopolistic enterprises by the *riate sector

but also monopolistic enterprises by the Goernment which are to be preented so thatthe people will not be disadantaged. Aherefore, any monopolistic enterprises by theGoernment in the area of agrarian affairs can be organi9ed only by way of an act;/rticle 0(0)=.

(2) In /rticle 4() and (:), a principle is formulated which currently seres as a basis for

changes that are ta@ing place in the structure of land affairs nearly throughout the world,especially in countries which hae been administering what is called Hland reform orHagrarian reform, and the principle is that Hagricultural land shall be tilled or wor@edupon by the owner himself.Ao ensure the achieement of this principle, certain proisions hae to be made aailable.One is a proision concerning the minimum limits on land ownership by a farmer inorder that he can earn enough income to enable him and his family to lead a decent life(/rticle 0 in con!unction to /rticle 2). /nother one is a proision concerning thema$imum limits on land that can be possessed under a ha% $ili%(/rticle 2) in orderthat the accumulation of land in the hand of strong groups. In this connection, /rticle 2states a ery important principleC that e$cessie land ownership and possession shall beforbidden because that harms public interests. Einally, the principle stated in /rticle

4() and (:) should be accompanied with a proision concerning the proision of credit,seeds, and other forms of assistance under soft conditions so that the land owner will notfind himself compelled to transfer the possession of his land to another party and to wor@in another wal@ of life.1eanwhile, in iew of the current structure of our agricultural community, it isnecessary --at least for the time being-- to @eep opportunities open for the use ofagricultural land by parties other than the owners by way of sea (lease), /agi-hasil(output sharing),gadai(pledge5pawn5security), and others. &oweer, all this should beadministered in line with other legal proisions and regulations so as to preentoppression5e$ploitation of the wea@ by the strong (/rticles :?, ?, and 0). Ahus, theuse of land by way of lease, output sharing, gadai, and the li@es should not be left toagreements made by interested parties on the basis of the principle of Hfree fight, but the

authorities shall ma@e proisions concerning the procedures and conditions so as to fulfillthe principle of !ustice and to preent He9ploitation de l


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illustration, the proisions in /ct 'o. : of 34 re HOutput Sharing /greements (StateGa9ette 'o. : of 34) can be referred to in this regard.Ahe proisions of /rticle 4() constitute a principle of which the implementationreDuires further regulations (paragraph :). In our current social structure, regulationsconcerning the implementation of the principle should gie room for dispensations. /san illustration, a ciil serant who has one hectare or so of land to proide for him when

he is already old and, due to his current !ob, cannot wor@ on the land on his own shouldbe allowed to @eep haing the land. In the meantime, he should be allowed to hand oerthe land to another person for the latter to wor@ upon on the basis of a lease, outputsharing, or another agreement but, when he is no longer in the ciil serice as a result of,for e$ample, retirement, he should actiely wor@ upon the land on his own (paragraph 0).

(


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society, the new agrarian law has created two new land rights, and they are ha% g'na-'saha (right to cultiate, i.e. a right intended for companies dealing in agriculture,fishery, and animal husbandry) and ha% g'na-/ang'nan(right of use of structures, i.e. aright enabling one to build5hae a building on someone else#s land) ;/rticle 3()(b) and(e)=./s for the rights which are already in e$istence at the time the new agrarian law (88*/)

comes into effect, all of them will be conerted to any of the new rights stipulated in thislaw.

I. Basis for esta'ishi!" 'e"a' certai!t

Ahat this law see@s to proide legal certainty concerning land rights is eident from theproisions in it which regulates land registration. /rticles :0, 0:, 0< are meant for land-right holdersand intended to enable them to obtain legal certainty concerning their rights.On the other hand, /rticle is meant to be an instruction for the ?overn$ent that landregistration in the nature of Hrechts-%adaster (legal cadastre) be administered throughoutIndonesia in order to proideg'aranteed legal certainty.Ahe registration will be implemented by ta@ing into account the interests and condition of the

State and the people, the needs for socio-economic moements, and the possibilities open interms of personnel and eDuipment. In iew of this, the cadastre will be implemented first incities and subseDuently, on a gradual basis, throughout Indonesia.In line with its purpose, namely to proide legal certainty, the registration is compulsory foreery land-right holder. Otherwise, the implementation of land registration --which obiouslyreDuires manpower, eguipment, and money in high Duantities-- would be meaningless at all.

B. ,LUCI/A*I+N +# AR*ICL, B AR*ICL,

Artic'e 1

>lucidation has been gien in General >lucidation ;II (point )=. 88*/ ma@es a distinction inmeaning between H/'$i (soil, earth) and Htanah (land) as found in /rticle (0) and /rticle?(). Bhat is meant by tanah(land) is the surface of the soil.Ahe concept of Hsoil and Hwater has been broadened to include the airspace in iew of thecurrent technical adancements and of the future possibilities.

Artic'e :

>lucidation has been gien in General >lucidation ;II (point :)=Ahe proision of paragraph (?) concerns the principles of autonomy and $ede/eind (co-goerning" au$iliary assignment) in the implementation of regional administration. /grarian

affairs are by nature and in principle the duty of the +entral Goernment ;/rticle 00(0) of the? +onstitution=. Ahus, the delegation of authority oer the implementation of the State#sright of control to land is a form of $ede/eind. /ll will be implemented as reDuired and inways which should not contradict national interests. /uthority oer agrarian affairs can

proide a source of income for the region in Duestion.

Artic'e ;

Bhat is meant by Hha% 'layat and other similar rights is what in the literature on adat(customs) is referred to as H/eschi%%ingsrecht. Eor further elucidation, see General>lucidation ;II point (0)=.

Artic'e lucidation is gien in General >lucidation ;II point ()=.

Artic'e 5

Ahis article asserts that adat law is used as a foundation for the new agrarian law. Eor further

elucidation, see General >lucidation ;III point ()=.

Artic'e 6

'ot only ha% $ili% (right of ownership) has social functions" all land rights do. Ahis iselaborated on in General >lucidation ;II point (?)=.

Artic'e 2

Ahis article confirms the principle which bans e$cessie land ownership and possession as hasbeen elaborated on in General >lucidation ;II point (2)=. /s for the limitations, they areregulated in /rticle 2. Ahe said principle @nows no e$ceptions.

Artic'e =

Since /rticle ?(:) proides that land rights entitle the holder only to the surface of thesoil5earth, the powers generated from land rights do not affect the natural resources foundinside the earth, water, and airspace. &ence, the ta@ing of such natural resources reDuiresseparate regulations. Ahe said proision seres as a basis for mining and other legislation.

Artic'e 9

6aragraph (1) has been elaborated on in General >lucidation ;II point ()=. Ahe proision ofparagraph (:) results from the proisions of /rticle () and (:).

Artic'e 10

>lucidation is gien in General >lucidation ;II point (2)=. Ahe phrase Hin principle refers tothe li@elihood of e$ceptions being made as illustrated in the General >lucidation. &oweer,such e$ceptions need to be regulated by way of legislation (see the elucidation on /rticle 2 forcomparison). Ahe use of land by a party other than its owner is allowed for by /rticle :?, butsuch use is sub!ect to limitations and is to be regulated.

Artic'e 11

Ahis article carries the principle of the economically wea@ haing to be protected against the

economically strong. Ahe economically wea@ can be natie Indonesian citi9ens and those offoreign origin, and the reerse is also true. See General >lucidation ;III point (:)=.

Artic'e 1:

Ahe proision of paragraph () is related to that of /rticle (). Ahe types of !ointenterprises which are consistent with this proision are cooperaties and other forms of gotongroyong(mutual assistance). Ahe proision of paragraph (:) allows for the creation of H!ointenterprises between the State and the priate sector in the area of agrarian affairs. Bhat ismeant by Hother parties is regional goernments, priate businessmen with national capital,and priate companies with Hdomestic capital which are progressie.

Artic'e 1;


04


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>lucidation on paragraphs (), (:), and (0) is gien in General >lucidation ;II point (3)=. Aheproision of paragraph (?) concerns the implementation of the principle of humanity-driensocial !ustice in the area of agrarian affairs.

Artic'e 1lucidation ;II point (


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Bhat is meant by H%el'arga (family) is the husband, wife, and their unmarried children whoare still their dependents, all of whom total around seen (2) persons. >ither a man or awoman can be head of the family.

Artic'e 1=

Ahis article constitutes a guarantee for the people concerning their land rights. /lthough rightreocation is possible, it is sub!ect to certain conditions, e.g. that it should be accompaniedwith some decent indemnity.

Artic'e 19

Such land registration will be administered in simple, easy-to-understand ways andimplemented by the releant people (see General >lucidation IF).

Artic'e :0

Ahis article mentions the characteristics of ha% $ili% (right of ownership) which ma@e it

different from other rights. a% $ili%is the Hstrongest and fullest right which one can hae toland. &oweer, thatha% $ili%hae such characteristics does not mean that it is a land rightwhich is Habsolute, unlimited, and indefeasible li@e the right of eigendo$ (i.e. right ofownership under western law) in its true sense. Ahese characteristics (Habsolute, unlimited,and indefeasible) is eidently contradictory to adat law and to the principle that eery landright has social functions. Ahe word Hstrongest and fullest is used to distinguish the right (i.e.ha% $ili%) from ha% g'na-'saha(right to cultiate) and ha% g'na-/ang'nan(right of use ofstructures), ha% pa%ai(right of use), and other rights. It seres to show that amongst the rightswhich one can hae to land, it isha% $ili%which is the strongest and fullest.

Artic'e :1

*aragraphs () and (:) are elaborated on in General >lucidation ;II point ()=. In paragraph(0), only two ways are mentioned of acDuiring a ha% $ili%, gien that other ways are forbidden

by /rticle :3(:). /s for the methods of acDuiring a ha% $ili%mentioned this paragraph, theyare ways of obtaining a right without ta@ing a positie act which is purposefully aimed atma@ing the right in Duestion transfer. It is only appropriate, therefore, that for as long asIndonesian citi9ens concurrently holds foreign citi9enship, they should be treated differentlyfrom other Indonesian citi9ens in terms of land ownership.

Artic'e ::

One e$ample of how a ha% $ili%comes into e$istence under adat law is land clearance. Bays

of acDuiring a ha% $ili%under adat law will be regulated so as to preent the occurrence ofthings which disadantage the interests of the public and the State.

Artic'e :;

>lucidation is gien in General >lucidation (point IF).

Artic'e :

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