Hak Pakai — Hak Pakai / Right of Use

A registered right to use and build on land for a stated term. A foreign natural person may hold it, which makes it the only registered title a foreign Holder can reach.

Where it appears

hak sewa deed Part 12.1 — Track F, the upgrade route — and land rights agreement §3. leasehold agreement Pasal 6 carries the same route for the Fedorov lease.

The term

30 years, extendable by 20 and renewable by 30, under PP 18/2021 Pasal 52(1). Each cycle is granted by the land office, never by a deed between parties.

Why it matters

It is the difference between a contractual position and a registered one. hak sewa binds only the parties and never appears on the certificate; a Hak Pakai is entered at BPN and survives a sale of the estate. The cost is that it depends on the holder's immigration standing — PP 18/2021 Pasal 50 gives one year to transfer once eligibility lapses, after which the right falls away by operation of law.

A Hak Pakai cannot be carved straight out of the Estate's HGB: Pasal 51(1) lists State land, hak milik land and Hak Pengelolaan as the land that may carry it, so the route runs through pemecahan of the plot and pelepasan of the HGB over it first.

Part of the pack's vocabulary.