Indonesia National Land Policies Framework


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

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Indonesia National Land Policies Framework

  1. 1. Indonesia National Land Policies Framework By: Dadang Solihin Presented for Training Seminar on Land Use and Management The International Center for Land Policy Studies and Training Taoyuan, August 12, 2004
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  3. 3. Contents <ul><li>Indonesia </li></ul><ul><li>Current Issues </li></ul><ul><li>Land Policy Framework </li></ul><ul><li>The NLPF </li></ul><ul><li>The Purpose of Public Consultation </li></ul><ul><li>Land Problems in Indonesia </li></ul><ul><li>Effort to Overcome the Problems </li></ul><ul><li>The Policy Guidance and Action Plan of NLPF </li></ul><ul><li>Recommendations from Public Consultation </li></ul>
  4. 4. <ul><li>17,500 islands and islets </li></ul><ul><li>Total land area 1.9 million square kilometers. </li></ul><ul><li>Population 234,893,453 (2003) </li></ul><ul><li>60% of the population is concentrated on the island of Java, which accounts for only 6.8% of the total land area of the country. </li></ul><ul><li>population growth 1.98% </li></ul><ul><li>The land area is generally covered by the thick tropical rain forests. </li></ul> <ul><li>Sumatra (0.474 m.sq.kms), </li></ul><ul><li>Java (0.132 m.sq.kms), </li></ul><ul><li>Kalimantan (0.539 m.sq.kms), </li></ul><ul><li>Sulawesi (0.189 m.sq.kms), </li></ul><ul><li>Papua (0.422.m.sq.kms). </li></ul><ul><li>The five main islands are: </li></ul>
  5. 5. Current Issues <ul><li>Parallel with economic and population growth, current issues related to the land use management, will become increasingly complex in the future. </li></ul><ul><li>This is because development in the Indonesian economy is highly dependent upon the productivity of land resources. </li></ul><ul><li>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. </li></ul><ul><li>It is now feared that predicted rates of economic and population growth in Indonesia may not be matched with the availability of the land and natural resources required to sustain this growth. </li></ul>
  6. 6. Land Policy Framework <ul><li>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. </li></ul>
  7. 7. The NLPF <ul><li>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. </li></ul><ul><li>These activities are proposed to get a preference and public response of the document of NLPF. </li></ul><ul><li>From all those activities, it is likely to get inputs such as critics, suggestions and land problems description in each region. </li></ul>
  8. 8. The Purpose of Public Consultation <ul><li>Bring in NLPF to a wide society, especially to the parties those are related to land affairs and land policy in the future. </li></ul><ul><li>To get response, critics, suggestions and various land problems in the field – local, regional and national – as inputs for NLPF development before the policy framework is implemented in the form of policy and concrete program. </li></ul>
  9. 9. Land Problems in Indonesia <ul><li>Land conflicts and disputes. </li></ul><ul><li>The concentration of Land ownership and land tenure in the hands of a small group of people. </li></ul><ul><li>The weak of legal guarantee over land. </li></ul>
  10. 10. 1. Land Conflicts and Disputes <ul><li>These land disputes can involve various parties: government institutions, people, and investors. </li></ul><ul><li>The disputes can also take place in almost all sectors: industries, tourism, mining, forestry, etc. </li></ul>
  11. 11. 2. Land Ownership and Land Tenure <ul><li>Concentrated in the hands of a small group of people. </li></ul><ul><li>In rural areas this concentration of land tenure can be seen from the results of the 1993 agricultural censuses: </li></ul> <ul><li>The concentration of land ownership and land holding in urban areas can be seen through the increasing number of poor groups who get marginalized and even have lost their land for the various interest of the development. </li></ul><ul><li>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. </li></ul><ul><li>69% of agricultural land was under the control of 16% of rural households </li></ul><ul><li>31% of agricultural land is controlled by small and landless farmers, which contribute to 84% of rural households. </li></ul><ul><li>the average size of land tenure of agricultural household’s is decrease from 1.05 hectare in 1983 to 0.74 hectare in 1993 </li></ul><ul><li>is predicted to be falling sharply in agriculture census in 2003. </li></ul>
  12. 12. 3. The Weak of Legal Guarantee Over Land <ul><li>The lack of protection of people’s rights over land, especially the poor group. </li></ul><ul><li>In the last couple of years there have been processes of land takeover, including the ulayat land controlled by a certain indigenous group, or various needs without sufficient protection. </li></ul><ul><li>During the economic crisis, the occupation of land that had been registered of provided its rights occurred in both rural and urban areas. </li></ul><ul><li>Such condition at last gives rise to poverty that is accompanied with social and political turbulence in the society. </li></ul>
  13. 13. Sources of Land Problems <ul><li>Existing legislation is not conductive for the resolution of land problems. </li></ul><ul><li>Lack of effective and efficient land institutions. </li></ul><ul><li>Suboptimal implementation of land registration. </li></ul><ul><li>Uncontrolled land use planning. </li></ul><ul><li>Weak of land based information. </li></ul><ul><li>Insufficient mechanism exists for land conflict and dispute resolution. </li></ul><ul><li>Weak of land asset distribution system. </li></ul><ul><li>Insufficient protection of people’s rights over land. </li></ul><ul><li>Limited access of the people to the just land ownership and tenure. </li></ul>
  14. 14. Effort to Overcome the Problems <ul><li>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. </li></ul><ul><li>The objective of this land policy is the realization of prosperity for people as mandated by: </li></ul><ul><ul><li>Article 33 Constitution 1945, </li></ul></ul><ul><ul><li>Basic Agrarian Law (UUPA 1960), </li></ul></ul><ul><ul><li>Decree of People Consultative Assembly No. IX/2001 as a result of justice, transparent, participatory and accountable land and other natural resources management. </li></ul></ul>
  15. 15. Principles of NLPF <ul><li>Land is the asset of the Indonesia nation, and is a basic capital for development to achieve the just prosperous society. </li></ul><ul><li>Land policies are based on the consistent efforts to implement the mandate of Article 33 Paragraph 3 Constitution 1945, namely: “…land, water, space and the natural resources contained within are controlled by the State for the maximum benefits of the people…” </li></ul><ul><li>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. </li></ul><ul><li>Land policies are the foundation and guidance for all sector development directly or indirectly relates to land. </li></ul><ul><li>Land policies are built on the basis of participation of all elements of society as an effort to realize the principle of good governance in land management. </li></ul><ul><li>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. </li></ul><ul><li>Land policies are guideline for the government to implement a just land management. </li></ul>
  16. 16. The Policy Guidance and Action Plan of NLPF <ul><li>Reform of Legislation Pertaining Land. </li></ul><ul><li>Development of Land Institution. </li></ul><ul><li>Development of Land Registration Management and Its Acceleration. </li></ul><ul><li>Development of Land Use Planning. </li></ul><ul><li>Development of Land-based Information System. </li></ul><ul><li>Land Disputes Resolution. </li></ul><ul><li>Development of Land Taxation System. </li></ul><ul><li>Protection for People’s Rights Over Land. </li></ul><ul><li>Increase Access To Land. </li></ul>
  17. 17. 1. Reform of Legislation Pertaining Land <ul><li>Refers to the efforts to develop and determine the principal law which will be the umbrella for other sectored legislations; </li></ul><ul><li>Synchronization of all land related legislations; </li></ul><ul><li>Revise all laws that are substantially considered to be insufficient but principally in agreement with the principle contained within Article 33 paragraph 3 Constitution 1945, the Decree of People Consultative Assembly No. IX/2001 on Agrarian and Natural Resources Reform and other higher laws; and </li></ul><ul><li>Integrate implementation and enforcement of various regulations and land laws for all parties. </li></ul>
  18. 18. 2. Development of Land Institution <ul><li>Leads to the determination of the authority in land affairs among the sectors and levels of government; </li></ul><ul><li>Determine land institutional structure in accordance with the authorities; </li></ul><ul><li>Strengthen land institutions according to their respective tasks and functions; </li></ul><ul><li>Improve the quality of human resources as the implementers of land management at various levels of 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. </li></ul>
  19. 19. 3. Development of Land Registration Management and Its Acceleration <ul><li>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; </li></ul><ul><li>Develop an integrated and comprehensive land-based information system to support the acceleration process of land registration and land taxation system; </li></ul><ul><li>Make land registration compulsory for all types of land rights and undertake data recording in relation to the land rights; and </li></ul><ul><li>Organize land registration infrastructure in order to improve the quality of land accessibility service to the public. </li></ul>
  20. 20. 4. Development of Land Use Planning <ul><li>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; </li></ul><ul><li>Implement transparent land use planning based on the needs of the people, the government and private/commercial institutions; </li></ul><ul><li>Build control mechanism over the implementation of land use planning which includes other concerned parties effectively; </li></ul><ul><li>Develop permit mechanism in order to increase utility and affectivity in land use management. </li></ul>
  21. 21. 5. Development of Land-based Information System <ul><li>Leads to the determination and development of land-based information system for every level of government and institution; </li></ul><ul><li>Determine and develop regulations for data exchange and information access, data changes pertaining to updating, editing and information presentation; </li></ul><ul><li>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; </li></ul><ul><li>Develop technical coordination mechanism for the exchange and utilization of data from the different institutions that collect, store/possess, and use land-based information for efficiency and effectiveness of information service for all parties; </li></ul><ul><li>Develop land information system which is supported by information technology, computerized ad communication system as well as reliable human resources. </li></ul>
  22. 22. 6. Land Disputes Resolution <ul><li>Refers to the efforts to comprehensively resolve land disputes; </li></ul><ul><li>Establish mechanism and institutional resolutions to land disputes as an effort to eliminate social turbulence due to the disputes; and </li></ul><ul><li>Prioritize dispute resolution for structural cases which can cause tremendous social, economic and political impacts. </li></ul>
  23. 23. 7. Development of Land Taxation System <ul><li>Leads to the development of a land taxation system used as one of the instruments for just land asset distribution; </li></ul><ul><li>Apply a mechanism of income distribution whose source is land taxation undertaken to achieve effective monitoring of land ownership, land tenure and land utilization; </li></ul><ul><li>Provide incentives to push maximum land use and disincentives on excessive land tenure which does not result in maximum benefits. </li></ul>
  24. 24. 8. Protection for People’s Rights Over Land <ul><li>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 existing legislations; </li></ul><ul><li>Provide a legal guarantee over institutional relational patterns in land tenure. </li></ul>
  25. 25. 9. Increase Access to Land <ul><li>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; </li></ul><ul><li>Connect land reform activities to other developmental activities as an effort to overcome poverty in both rural as well as urban areas; </li></ul><ul><li>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. </li></ul>
  26. 26. Recommendations from Public Consultation <ul><li>Re-evaluation and review of the land reform concept, including to review the definition of land reform, </li></ul><ul><li>Reform of the law and regulations which will be fundamental for the implementation of land reform, </li></ul><ul><li>Develop a land reform ad-hoc court, </li></ul><ul><li>Resolution of land reform problems comprehensively and quickly. </li></ul><ul><li>Revitalization of the implementation of land reform in the broad way: </li></ul><ul><ul><li>In rural areas, to support food security and other activities </li></ul></ul><ul><ul><li>in urban areas, to support land availability for the community resettlement, especially urban poor people and other weak groups of people and also to other urban activities </li></ul></ul>
  27. 27. Thank you
  28. 28. Dadang holds a MA degree (Economics), University of Colorado, USA. His post is Deputy Director for Information of Spatial Planning and Land Use Management at Indonesian National Development Planning Agency (Bappenas). <ul><li>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. </li></ul><ul><li>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 Development and Planning Training Course, Sapporo, Japan (1999). He published more than five books regarding local autonomous. </li></ul><ul><li>You can reach Dadang Solihin by email at [email_address] or by his mobile at +62812 932 2202 </li></ul>Dadang Solihin’s Profile