Bali Exception Legal Services

Land & Customary Rights Advisory

We provide comprehensive legal advisory on land ownership and customary (adat) land rights in Indonesia. Our service covers land status verification, usage and transfer of rights, dispute assessment, and compliance with both national land law and applicable adat practices, ensuring legal certainty and risk mitigation for your investment.

This legal service provides assistance in engaging and negotiating with local customary (traditional) authorities to obtain the necessary approvals for a project or activity. The service includes identifying relevant customary stakeholders, advising on applicable customary laws, norms, and decision-making structures, and ensuring that all engagement is conducted respectfully and in accordance with local traditions.

Legal support covers the preparation of negotiation strategies, representation or accompaniment during meetings with customary leaders, and facilitation of discussions to reach mutually acceptable agreements. The service also involves documenting agreements, ensuring clarity of rights and obligations, and aligning customary approvals with applicable national laws and regulatory requirements. The objective is to secure valid customary consent while minimizing legal, social, and operational risks for the client.

Scope of Advisory includes:

  • Analysis of land ownership and land rights (Hak Milik, HGB, Hak Pakai, Hak Guna Usaha, leasehold)
  • Identification and assessment of customary (adat) land claims and community rights
  • Advisory on land transfers, releases, and conversions of rights
  • Risk assessment for overlapping claims or undocumented customary interests
  • Legal strategy and documentation support in land-related disputes
  • Coordination with notaries, BPN, and relevant local stakeholders (banjar, desa, etc) where required

Why this matters:

Land in Indonesia may be subject to customary (adat) rights that are not always recorded in formal land registries. Failure to properly assess these rights can lead to disputes, project delays, loss of investment, or cancellation of permits. Our advisory ensures your land acquisition or use is legally secure, socially compliant, and aligned with Indonesian regulations and local practices.

Timeline: ⏱️ 7–10 working days (depending on land complexity and adat involvement)

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