The problem of lost land (tanah musnah) is seen an obstacle to infrastructure development in Indonesia. Several project developments, such as the Atlantis Toll Road and the Semarang-Demak Toll Road, were forced to postpone due to the issue of lost land. To address this issue, President Joko Widodo stipulates Presidential Regulation No. 52/2022 on Managing Community Social Impacts on Land Identified as Destroyed Land in the Framework of Development in the Public Interest.
Definition of Tanah Musnah
Tanah musnah refers to land that has changed from its original form due to natural events, which causes the land no longer functioning, being used and utilized properly. The status of lost land is declared after proper land identification in accordance with the provisions of laws and regulations related to the procedures and decisions of lost land.
If the land is declared as lost land, the holders of the land rights, both registered and unregistered, will receive government assistance funds, or what is largely known as dana kerohiman.
Requirements of Recipients of Dana Kerohiman
Article 4 Presidential Regulation No. 52/2022 sets requirements for the recipients of government assistance funds or dana kerohiman, namely:
- land rights holders, who do not have priority rights to undertake reconstruction or reclamation of their land because it will be used for development for the public interest
- in the event that the subject is an individual, he or she must have an identity or demographic information validated by the local sub-district or authorized agency
- in the event that the subject is a legal entity, it must have a deed of establishment of a legal entity legalized by the ministry of law and human rights
- have proof of control, ownership, use and/or utilization of plots of lands, both registered or unregistered.
The Disbursement Process of Dana Kerohiman
After the notification is distributed, the task force will validate the eligible party to receive dana kerohiman. The task force will also validate the land identified as tanah musnah for development/construction on behalf of public interest. The results of the validation are recorded in the list of eligible parties to receive dana kerohiman
The list of parties who are entitled to receive dana kerohiman is submitted to the task force leader and announced at the kelurahan/village office or other equivalent name. If the eligible party to receive dana kerohiman objected to the list, they may file an objection to the task force leader within 5 days after the announcement.
After the announcement, the task force will calculate the amount of the dana kerohiman. Then, the dana kerohiman is given to the eligible party in the form of rupiah currency through banking transactions. If they receive the dana kerohiman, the task force will collect, classify, process and store the data of the Management of Community Social Impact.
Kekuatan Pembuktian Akta Otentik Sebagai Dasar Dilakukannya Peralihan Hak Atas Tanah
Procedure for the Issuance of Land Certificate from a Village Head