Prepared by: Advocate RIKHARDUS IKUN, S.H., M.H., C.MSP., C.NSP., C.LFS., C.CPr. Director, LAW FIRM JAMES RICHARD AND PARTNERS Chairperson, Bali Regional Board, PERADI UTAMA


I. Legal Issue

What is the legal status of land designated in housing-planning or spatial-planning documents as public facilities or public infrastructure, facilities, and utilities (prasarana, sarana, dan utilitas umum—PSU), where a land title certificate is subsequently issued in the name of a particular party, particularly if the issuance is suspected of having involved false statements or documents?


II. Legal Opinion

1. Designation as public facilities/PSU must be distinguished from land title status

Law No. 1 of 2011 on Housing and Settlement Areas governs the provision of public infrastructure, facilities, and utilities in housing development. In assessing a parcel of land, it is necessary to distinguish between:

  1. the designation of the land in planning documents or an approved site plan;
  2. the status and history of the land title;
  3. the developer’s obligation to provide and hand over the PSU; and
  4. evidence of the handover or transfer of title to the Regional Government or another authorized party.

Accordingly, identifying a parcel as public facilities/PSU in a site plan or housing document is important evidence of its intended use. However, that designation does not necessarily, by itself, establish that title to the land has transferred to the Regional Government. This must be assessed together with any handover documents, title history, land-registration records, and applicable regional regulations.

2. A land title certificate is strong evidence, but it may be rebutted

Under Article 32 paragraph (1) of Government Regulation No. 24 of 1997 on Land Registration, a land title certificate constitutes strong evidence of the physical and legal data stated in it, insofar as that data is consistent with the measurement certificate and land register. However, this evidentiary strength does not make a certificate immune from review or cancellation where there is evidence that the data or issuance process was flawed.

If a certificate is suspected of having been issued on the basis of incorrect physical or legal data—for example, forged documents, false statements, or manipulated boundaries—an interested party may request an examination of the land history and issuance process. The handling and resolution of land cases are regulated, among other instruments, by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 21 of 2020.

Accordingly, a certificate cannot be declared “illegal” solely because the parcel is identified as public facilities in a particular document. Any such allegation must be examined in light of the evidence, land history, registration procedure, and applicable law.

3. The appropriate resolution depends on the substance of the dispute

Where there is suspected criminal conduct, such as forgery or the use of forged documents, an interested party may consider filing a report with the Police. The determination of whether a criminal offense occurred and who is responsible must be based on the facts and available evidence; filing a report does not, by itself, establish any party’s guilt.

The dispute may also be brought before the courts. The appropriate court depends on the subject matter and substance of the dispute, including:

  • The State Administrative Court (Pengadilan Tata Usaha Negara—PTUN), where the issue concerns the legality of an administrative decision or action relating to land administration, subject to the court’s jurisdiction and the applicable filing deadline; and/or
  • The District Court (Pengadilan Negeri), where the principal issue concerns ownership, an unlawful act, or a civil-law relationship relating to the land.

The appropriate course of action should be determined after reviewing the documents and the full chronology of events. In some circumstances, administrative resolution through the Land Office may also be available, but it does not always replace the need for a court judgment.


III. Possible Legal Steps

  1. Collect documents relating to the land’s designation and status, including:
  • the approved site plan;
  • housing-development permits and other licensing documents;
  • maps or measurement documents;
  • evidence of PSU handover, if any;
  • Regional Government documents concerning the status or management of the land; and
  • title-history documents and evidence of physical possession.
  1. Request an examination of the land history and certificate-issuance process from the Land Office, including a review of the physical and legal data. Access to particular documents may be subject to rules governing access to and confidentiality of land records.
  2. Submit a complaint or request for the handling of a land case to the Land Office/National Land Agency, together with supporting preliminary evidence and a clear chronology.
  3. Request a written explanation from the Regional Government concerning the land’s designation and management status and, where relevant, evidence that the parcel was handed over as PSU.
  4. Consider filing a report with the Police if there is preliminary evidence of forgery, the use of forged documents, or another suspected criminal offense.
  5. Consider filing a civil lawsuit and/or a claim before the State Administrative Court, after confirming the subject matter of the claim, the proper parties, the legal grounds, and the applicable filing deadline.


IV. Conclusion

A land title certificate issued for land designated as public facilities/PSU does not automatically become invalid solely because of that designation. Conversely, the existence of a certificate does not preclude an investigation where there is evidence that it was issued on the basis of incorrect information or through an improper process.

The matter must be assessed by examining the planning documents, title history, land-registration process, and—where applicable—evidence that the PSU was handed over to the Regional Government. If evidence of a violation is found, the matter may be pursued through administrative, civil, State Administrative Court, and/or criminal channels, depending on the nature of the issue and the available evidence.

Note: This opinion provides a general analysis based on the information supplied and does not replace a review of the original documents, the complete chronology of events, or any applicable regional regulations.