The Minister for Agrarian Affairs and Spatial Planning has issued Regulation 17,* which sets out the procedures by which the Government may declare a plot of land “destroyed” and consequently, abolish all title rights to the land. Regulation 17 sets out the following criteria to classify land as “destroyed”, that the land:

• has changed from its original form due to natural events;
• can no longer be identified; and
• is dysfunctional and cannot be used properly.

Such land might be previously possessed under the Right to Manage title (Hak Pengelolaan), the Right to Cultivate title (Hak Guna Usaha), the Right to Build On title (Hak Guna Bangunan); and the Right to Use title (Hak Pakai). The right titles to any land declared “destroyed” in accordance with Regulation 17 will be void. The Land Office has responsibility for determining whether land is “destroyed”, and Regulation 17 sets out the processes and procedures for the Land Office’s investigation and subsequent decision.

The title holders will be given the opportunity to conduct the land reconstruction or reclamation so that they can utilize it. Provided that, such opportunity will not be given in circumstances where the Government intends to use the land for development in the public interest. In this case, the title holders will be entitled to receive compensation funds.

Minister of Agrarian Affairs and Spatial Planning/Head of the Indonesian Land Agency Regulation No. 17 of 2021 concerning the Procedures for the Determination of Destroyed Lands.