Validity of Land Rights Determination Decisions Issued Beyond the Scope of Delegated Authority within the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN)

Abstract

A land rights determination decision issued by an official beyond the limits of delegated authority raises legal issues concerning the validity of the decision and legal protection for the rights holder who has relied upon it. This issue is significant because Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2025, as amended by Regulation Number 9 of 2025, distributes authority for determining land rights among the Minister, Director General, Head of Regional Office, and Head of Land Office based on the type of right, legal subject, land area, and other specified circumstances. Such distribution makes the competence of the issuing official an essential element in determining the validity of a land administration decision. This research applies normative legal research using statutory and conceptual approaches. The results indicate that the delegation of authority within the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency is carried out through delegation or subdelegation within predetermined limits. Officials receiving delegated authority are required to exercise it within those limits. A decision issued beyond such authority contains a defect of competence and may provide grounds for annulment or other administrative action under administrative law. Nevertheless, the settlement of such decisions must also consider legal protection, legal certainty, and the position of parties who acquired rights in good faith. Strengthening supervision over delegated authority and verifying official competence before the issuance of land rights decisions are therefore necessary to prevent legally defective land administration decisions.