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In July 2025, news spread widely that abandoned land in Indonesia could be confiscated by the state if left vacant for two years. This issue became a hot topic of discussion due to concerns from landowners, especially those who inherited land or owned property far from where they lived.
Don't panic, if you have untouched land assets, this can be avoided. Read more about the rules and characteristics of land that is categorised as abandoned.
Abandoned Land in Indonesia: Rules, Criteria, and How to Protect Your Property
The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) explains this clearly. They emphasise that the government has the authority to regulate abandoned community land as stipulated in Government Regulation No. 20 of 2021.
Quoted from various national media sources, the Director General of Land and Spatial Control and Regulation (Dirjen PPTR) of the Ministry of ATR/BPN, Jonahar, said that the land that can be regulated by the government can take several forms.
Therefore, not all vacant land is threatened with seizure by the state.
There are significant differences in the criteria applied for Certificates of Ownership (SHM), Certificates of Use for Business (HGU), and Certificates of Use for Buildings (HGB).
Jonahar explained, "For HGU, the land is cultivated in accordance with the initial proposal. For HGB, the land is developed in accordance with its intended use. For freehold land, the land cannot be controlled by other parties to avoid government regulations."
He also stated that the criteria for determining abandoned land is quite a difficult process.
What is Abandoned Land?
Based on Article 7 of Government Regulation Number 20 of 2021 concerning the control of areas and land, land with freehold rights can be considered abandoned land if it is deliberately left unused, unutilised, and unmaintained.
The following is the definition:
Abandoned areas are non-forest areas that do not yet have land rights and have obtained permits/concessions/business licences, which are deliberately not cultivated, used, and/or utilised.
Abandoned land is land with ownership rights, land with management rights, and land acquired based on land control, which is deliberately not cultivated, not used, not utilised, and/or not maintained.
Meanwhile, the definition of abandoned land in the PA Law is regulated in Article 27, which reads:
Land is abandoned if it is deliberately not used in accordance with its condition or the nature and purpose of its rights.
Thus, it can be stated that every holder of a licence/concession/business permit is obliged to seek, use and/or utilise the licence/concession/business permit and/or the area under their control. A similar obligation also applies to every holder of rights, management rights and basic control rights over land.
The purpose of this Government Regulation is to prevent land from remaining idle and unproductive, as well as to encourage owners to take responsibility for their property. There is also something called State Reserve Land/TCUN, which is land that has been designated as abandoned land and confirmed to be land directly controlled by the state.
Legal Framework for Abandoned Land
Government Regulation (PP) Number 20 of 2021
The government's authority to regulate abandoned land is based on Government Regulation (PP) Number 20 of 2021 concerning the Control of Abandoned Areas and Land. The PP states that the objects of abandoned land control include freehold land (SHM), building use rights (HGB), cultivation rights (HGU), right of use, management rights (HPL), and land acquired on the basis of control over the land.
HGU and HGB land can be considered abandoned if:
- It has not been utilised for two years since the right was issued.
- It is not used in accordance with the purpose stated in the initial right application.
Freehold land (SHM) has different criteria. Based on Article 7 of GR 20/2021, SHM can only be regulated if:
- Controlled by another party and has become a residential area.
- Controlled by another party for 20 consecutive years without any legal relationship with the owner.
- Failure to fulfil its social function.
The period of land abandonment for ownership rights is when it has not been used or utilised for 20 years. For other types of land, it is 2 years from the date of issuance of the rights.
How to Prevent Your Land from Being Declared Abandoned and Subject to Abandoned Area Control
The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency advises landowners to take active steps to show that the land is owned, maintained, and utilised.
Follow practical steps such as fencing, planting crops, and marking boundaries.
Land or houses that are left unused for a long period of time can be classified as abandoned land. Owners must:
- Rent out or develop the property.
- Use it for social or economic purposes.
- Avoid leaving it unused for years.
- Keep the certificate safe to prevent false claims.
- Replace lost certificates immediately.
- Install clear boundary markers such as fences to avoid disputes.
Conclusion: Regulation of Abandoned Areas and Land
The control of abandoned areas and land is carried out through a process of determination by the government after going through a comprehensive inventory stage.
Land that is proven to be unused according to its function will be included in the list of abandoned land objects, and can then be transferred to become land bank assets. This mechanism ensures that land is not left neglected, but is directed towards more productive and beneficial purposes for the wider community.
With the issuance of new rights, the land can be reused in accordance with spatial planning and public needs. The main principle is to ensure that its utilisation does not stop, so that each plot of land has a clear use.
If the owner fails to fulfil their obligations, the land can be taken by the state to be used as part of a more equitable and sustainable national development programme.
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