If you have idle land: Developer’s strategy to avoid state seizure

by Daniel Perez - News Editor
0 comments


Jakarta

Housing developers have their own way of managing land where houses have not yet been built. This is to avoid land being considered idle so that it is not categorized as abandoned land that can be taken by the state.

Housing developers usually have land banks or land banks that will be used to build housing. Because everything is not directly converted into housing, developers usually work together with the surrounding community to maintain, utilize and maintain it.

General Chair of the Indonesian Housing and Settlement Developers Association (Apersi) Junaidi Abdilah said that generally land that has not been used for housing will be used as arable land for growing vegetables.


SCROLL TO CONTINUE WITH CONTENT

“This means that local people are welcome to cultivate the land until the land is used by the developers,” he said detikcomMonday (9/2/2026).

Regarding the latest regulations issued by the government regarding abandoned land as stated in PP Number 48 of 2025, Junaidi believes that this was done to provide certainty to the community. However, it must be clear what the categorization of abandoned land is.

“The status of abandoned land (must) really be in an acceptable category. Don’t just let it be used by unscrupulous people in the field,” he said.

According to him, the public has the right to know what kind of land can be categorized as abandoned land. This is to avoid abuse of abandoned land status that occurs in the field.

In PP 48 of 2025 article 1, it is explained that abandoned land is entitled land, Management Rights land, as well as land obtained based on the basis of Land Control which is intentionally not cultivated, not used, not exploited, and/or not maintained.

In article 6 of the regulation, several abandoned land objects are stated that can be subject to control by the state, namely land ownership rights, building use rights (HGB), business use rights (HGU), use rights, management rights, as well as land obtained on the basis of land control.

For freehold land, control can only be carried out under certain conditions, namely if the land is deliberately not used until:

– Dominated by the community and become the territory of the village
– Continuously controlled by another party for 20 years without any legal relationship
– The social function of land rights is not fulfilled

Meanwhile, HGB, use rights and management rights can become objects of enforcement if they are deliberately not sought or maintained no later than two years after the rights are issued.

The same thing applies to HGU and land obtained based on the Land Tenure Basis, if it has not been utilized for a minimum of two years since the right was issued or created.

These abandoned land objects include large areas such as mining, plantations, industry, tourism, to large-scale residential areas and other areas whose use is based on permits or concessions.

Land that will not be taken by the state

Even though it seems strict, this PP also provides exceptions. Article 7 states that several land statuses will not be subject to control, including:

– Land Management Rights of customary law communities
– Land Management Rights that become Land Bank Assets
– Land Management Rights of the Batam Concession Agency
– Nusantara Capital Authority (IKN) Management Rights Land

Apart from that, land that has been certified and is used according to its intended purpose will also not be taken by the state.

(Apr/das)

date:2026-02-09 23:45:00

Related Posts

Leave a Comment