Indonesia National Land Policies Framework

Indonesia
National L d Policies Framework
N ti l Land P li i F k

By: Dadang Solihin

Presented for Training Seminar on Land Use and Management
The International Center for Land Policy Studies and Training
Taoyuan,
Taoyuan, August 12, 2004
12

dadang-
dadang-solihin.blogspot.com 2

Dadang Solihin’s Profile
Dadang holds a MA degree (Economics), University of
Colorado, USA
Colorado USA. His post is Deputy Director for Information of
Spatial Planning and Land Use Management at Indonesian
National Development Planning Agency ( pp
p g g y (Bappenas). )

 Beside working as Assistant Professor at Graduate School of Asia-
Pacific Studies, Waseda University, Tokyo, Japan, he also active as
Associate Professor at University of Darma Persada, Jakarta, Indonesia.
 He got various training around the globe, included Developing Multimedia
Applications for Managers, Kuala Lumpur, Malaysia (2003); Applied Policy
Development Training, Vancouver, Canada (2002); Local Government
Administration Training Course Hiroshima Japan (2001); and Regional
Course, Hiroshima,
Development and Planning Training Course, Sapporo, Japan (1999). He
published more than five books regarding local autonomous.
 You can reach Dadang Solihin by email at dadangsol@yahoo.com or by his
mobile at +62812 932 2202


Contents
• Indonesia
• Current I
C t Issues
• Land Policy Framework
• The
Th NLPF
• The Purpose of Public Consultation
• Land Problems i I d
L d P bl in Indonesia
i
• Effort to Overcome the Problems
• The P li G id
Th Policy Guidance and A ti Pl of NLPF
d Action Plan f
• Recommendations from Public Consultation


• 17,500 islands d islets
17 500 i l d and i l t • Th five main i l d are:
The fi i islands
• Total land area 1.9 million square 1. Sumatra (0.474 m.sq.kms),
kilometers. 2. Java (0.132 m.sq.kms),
( q ),
• Population 234 893 453 (2003)
P l ti 234,893,453 3. Kalimantan (0.539 m.sq.kms),
• 60% of the population is concentrated on 4. Sulawesi (0.189 m.sq.kms),
the island of Java, which accounts for only 5. Papua (0.422.m.sq.kms).
6.8%
6 8% of the total land area of the country
country.
• population growth 1.98%
• The land area is generally covered by the
thick tropical rain forests
forests.

Current Iss es
C rrent Issues
• Parallel with economic and population growth, current issues related
to the land use management will become increasingly complex in
management,
the future.
• This is because development in the Indonesian economy is highly
p y g y
dependent upon the productivity of land resources.
• Furthermore, the condition of much of the country's land and natural
resources, with their role in sustaining all development, is becoming
more and more critical.
• It is now f
i feared th t predicted rates of economic and population
d that di t d t f i d l ti
growth in Indonesia may not be matched with the availability of the
land and natural resources required to sustain this g
q growth.


Land Polic Frame ork
Policy Framework
• Realizing that the land problems are a fundamental
problem, the Government sees the importance to
formulate a land policy framework which is likely to
become a guideline for all parties, the government, the
society, and private sector which have a concern in land
affairs.
ff i


The NLPF
• Right now the framework of a land policy which is named “National
Land Policies Framework (NLPF)” has been successfully drafted
and in the halfway through of a public consultation process.
• These activities are proposed to get a preference and public
response of the document of NLPF.
f th d t f NLPF
• From all those activities, it is likely to get inputs such as critics,
suggestions and land problems description in each region region.


The P
Th Purpose of Public Consultation
f P bli C lt ti

• Bring in NLPF to a wide society, especially to the parties those are
related to land affairs and land policy in the future.
• To get response, critics, suggestions and various land problems in
the fi ld local, regional and national – as i
th field – l l i l d ti l inputs f NLPF
t for
development before the policy framework is implemented in the form
of policy and concrete p g
p y program.


Land P bl
L d Problems in Indonesia
i I d i

1. Land conflicts and disputes.
2.
2 The concentration of Land ownership and
land tenure in the hands of a small group of
people.
people
3. The weak of legal guarantee over land.


1. Land Conflicts and Disp tes
1 Disputes
• These land disputes can involve various parties:
government institutions, people, and investors.
• The disputes can also take place in almost all sectors:
industries, tourism, mining, forestry, etc.


2. Land Ownership and L d Tenure
2 L dO hi d Land T
• Concentrated in the hands of a small group of people.
• In rural areas this concentration of land tenure can be seen from the results
of the 1993 agricultural censuses:
- 69% of agricultural land was under the control of 16% of rural
households
- 31% of agricultural land is controlled by small and landless farmers,
which contribute to 84% of rural households.
- the average size of land tenure of agricultural household’s is decrease
g g
from 1.05 hectare in 1983 to 0.74 hectare in 1993
- is predicted to be falling sharply in agriculture census in 2003.
• The concentration of land ownership and land holding in urban areas can be
o nership rban
seen through the increasing number of poor groups who get marginalized
and even have lost their land for the various interest of the development.
• This is related to the urban planning that does not give enough access for the
poor people group to share the benefit of land use conversion.


3. Th Weak of Legal Guarantee Over Land
3 The W k f L lG t O L d

• The lack of protection of people’s rights over land, especially the
poor group
group.
• In the last couple of years there have been processes of land
takeover, including the ulayat land controlled by a certain indigenous
, g y y g
group, or various needs without sufficient protection.
• During the economic crisis, the occupation of land that had been
registered of provided its rights occurred in both rural and urban
areas.
• Such
S h condition at l t gives rise t poverty th t i accompanied with
diti t last i i to t that is i d ith
social and political turbulence in the society.


Sources of Land Problems
S f L d P bl

1. Existing legislation is not conductive for the resolution of land
problems.
bl
2. Lack of effective and efficient land institutions.
3. Suboptimal implementation of l d registration.
3 S b ti l i l t ti f land i t ti
4. Uncontrolled land use planning.
5. Weak f l d b
5 W k of land based i f
d information.
ti
6. Insufficient mechanism exists for land conflict and dispute
resolution.
resolution
7. Weak of land asset distribution system.
8.
8 Insufficient protection of people’s rights over land
people s land.
9. Limited access of the people to the just land ownership and tenure.


Effort t O
Eff t to Overcome the Problems
th P bl
• Formulate a National Land Policy Framework in order to provide
guidance for all parties: the government, the people as well as the
private/commercial sectors.
• The objective of this land policy is the realization of prosperity for
people as mandated b
l d t d by:
– Article 33 Constitution 1945,
– B i A
Basic Agrarian L
i Law (UUPA 1960)
1960),
– Decree of People Consultative Assembly No. IX/2001 as a result
of justice, transparent participatory and accountable land and
justice transparent,
other natural resources management.


Principles of NLPF
1. Land is the
1 L d i th asset of th I d
t f the Indonesia nation, and i a b i capital f
i ti d is basic it l for
development to achieve the just prosperous society.
2. Land policies are based on the consistent efforts to implement the mandate
of Article 33 Paragraph 3 Constitution 1945 namely: “…land, water space
1945, land water,
and the natural resources contained within are controlled by the State for
the maximum benefits of the people…”
3.
3 Land policies are established as the foundation for the implementation of
development’s programs in the attempt to accelerate economic recovery
which is focused on poverty abolishment, development of welfare economic
system, development of national economic stability and environment
preservation.
ti
4. Land policies are the foundation and guidance for all sector development
directly or indirectly relates to land.
5. Land policies are built on the basis of participation of all elements of society
f f f
as an effort to realize the principle of good governance in land
management.
6.
6 Land policies are based on the effort to implement the Decree of People
Consultative Assembly No.IX/2001 on the Reform of Agrarian and Natural
Resources Management.
7.
7 Land policies are guideline for the government to implement a just land
management. dadang-solihin.blogspot.com 16

The Policy G
Guidance and Action Plan of NLPF
f

1. Reform of Legislation Pertaining Land.
2. Development of Land Institution.
3. Development of Land Registration Management and Its
Acceleration.
A l ti
4. Development of Land Use Planning.
5. Development of Land-b
5 D l t f Land-based I f
L d d Information S t
ti System.
6. Land Disputes Resolution.
7. Development of L d T
7 D l t f Land Taxation S t
ti System.
8. Protection for People’s Rights Over Land.
9. Increase Access To Land.
9 I A T L d


1. R f
1 Reform of Legislation Pertaining Land
f L i l ti P t i i L d

1. Refers to the efforts to develop and determine the principal law
which will be the umbrella for other sectored legislations;
g ;
2. Synchronization of all land related legislations;
3. Revise all laws that are substantially considered to be insufficient
y
but principally in agreement with the principle contained within
Article 33 paragraph 3 Constitution 1945, the Decree of People
Consultative A
C lt ti Assembly N IX/2001 on A
bl No. Agrarian and N t l
i d Natural
Resources Reform and other higher laws; and
4.
4 Integrate implementation and enforcement of various regulations
and land laws for all parties.


2. Development of L d Institution
2 D l t f Land I tit ti

1. Leads to the determination of the authority in land affairs among
the sectors and levels of government;
2. Determine land institutional structure in accordance with the
authorities;
th iti
3. Strengthen land institutions according to their respective tasks and
functions;
4. Improve the quality of human resources as the implementers of
land management at various levels of g
g government in its effort to
ensure the effectiveness of the service provided for the public as
put forward by the principles of local autonomy implementation.


3. Development of Land Registration
p g
Management and Its Acceleration
1. Refers to the development of an effective and efficient land
registration system as an effort to ensure the legal guarantees and
protections for land right holders;
2. Develop an integrated and comprehensive land-based information
p g p
system to support the acceleration process of land registration and
land taxation system;
3. Make land registration compulsory for all types of land rights and
undertake data recording in relation to the land rights; and
4. Organize l d registration i f t t
4 O i land i t ti infrastructure i order t i
in d to improve th
the
quality of land accessibility service to the public.


4. Development of L d Use Planning
4 D l t f Land U Pl i
1. Leads to the development of a comprehensive mechanism of land
use planning in accordance with the characteristics and the
capacity of the environment by applying good governance
principles (transparent, participatory and accountable) from the
national regional until the local level;
2. Implement transparent land use planning based on the needs of
the people, the g
p p , government and p
private/commercial institutions;
;
3. Build control mechanism over the implementation of land use
planning which includes other concerned parties effectively;
4. Develop permit mechanism in order to increase utility and affectivity
in land use management.


5. D
5 Development of L d-b
l t f Land based I f
Land- d Information System
ti S t

1. Leads to the determination and development of land-based
information system for every level of government and institution;
2.
2 Determine and develop regulations for data exchange and
information access, data changes pertaining to updating, editing
and information presentation;
3.
3 Develop a technical coordination model for exchange and
utilization of data from all institution associated with land which is
able to collect, store, and utilize land information for achievement
of efficiency and effectiveness of information service for all
parties;
4. Develop technical coordination mechanism for the exchange and
utilization of data from the different institutions that collect,
collect
store/possess, and use land-based information for efficiency and
effectiveness of information service for all parties;
5.
5 Develop l d i f
D l land information system which i supported b
ti t hi h is t d by
information technology, computerized ad communication system
as well as reliable human resources.

6.
6 Land Disp tes Resolution
Disputes Resol tion
1. Refers to the efforts to comprehensively resolve land
disputes;
2. Establish mechanism and institutional resolutions to
land disputes as an effort to eliminate social turbulence
due to the disputes; and
3.
3 Prioritize dispute resolution for structural cases which
can cause tremendous social, economic and political
impacts.
impacts


7. Development of L d Taxation System
7 D l t f Land T ti S t

1. Leads to the development of a land taxation system
used as one of the instruments for just land asset
distribution;
2.
2 Apply a mechanism of income distribution whose
source is land taxation undertaken to achieve effective
monitoring of land ownership land tenure and land
ownership,
utilization;
3.
3 Provide incentives to push maximum land use and
disincentives on excessive land tenure which does not
result in maximum benefits
benefits.


8. Protection f P
8 P t ti for People’s Rights Over Land
l ’ Ri ht O L d

1. Leads to the recognition of all kinds of rights over land
already in hand, both as an individual, a social group
(ulayat/communal), certain legal institution as well as
other government institutions in accordance with the
g
existing legislations;
2.
2 Provide a legal guarantee over institutional relational
patterns in land tenure.


9.
9 Increase Access to Land
1. Refers to the efforts to provide just access for all people, especially
the poor groups, to secure land tenure and land ownership as the
source of life by undertaking land reform as defined in Decree of
People Consultative Assembly (MPR) No. IX/2001 and other
legislation on land reform;
2. Connect land reform activities to other developmental activities as
an effort to overcome poverty in both rural as well as urban areas;
p y ;
3. Empower the poor groups that receive land resulting from land
reform and other people in general through programs undertaken
by departments or other related governmental institutions.


Recommendations
from Public Consultation
1. Re-evaluation and review of the land reform concept, including to
review the definition of land reform,
,
2. Reform of the law and regulations which will be fundamental for the
implementation of land reform,
3. Develop a land reform ad-hoc court,
4. Resolution of land reform problems comprehensively and quickly.
5. Revitalization of the implementation of land reform in the broad way:
– In rural areas, to support food security and other activities
– in urban areas, to support land availability for the community
resettlement, especially urban poor people and other weak
groups of people and also t other urban activities
f l d l to th b ti iti


Thank you

www.dadangsolihin.com 28

Indonesia National Land Policies Framework

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