Indonesia National Land Policies Framework

Indonesia Indonesia N ti l L d P li i F kN ti l L d P li i F kNational Land Policies FrameworkNational Land Policies Framework

By: Dadang SolihinBy: Dadang Solihin

Presented for Training Seminar on Land Use and ManagementPresented for Training Seminar on Land Use and ManagementPresented for Training Seminar on Land Use and ManagementPresented for Training Seminar on Land Use and ManagementThe International Center for Land Policy Studies and TrainingThe International Center for Land Policy Studies and Training

TaoyuanTaoyuan August 12 2004August 12 2004TaoyuanTaoyuan, August 12, 2004, August 12, 2004

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Dadang Solihin’s ProfileDadang Solihin’s ProfileDadang holds a MA degree (Economics), University of Colorado USA His post is Deputy Director for Information of

Dadang Solihin’s ProfileDadang Solihin’s ProfileColorado, USA. His post is Deputy Director for Information of Spatial Planning and Land Use Management at Indonesian National Development Planning Agency (Bappenas). p g g y ( pp )

Beside working as Assistant Professor at Graduate School of Asia-Pacific Studies, Waseda University, Tokyo, Japan, he also active asPacific 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 RegionalAdministration Training Course, Hiroshima, Japan (2001); and Regional 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 [email protected] or by his mobile at +62812 932 2202

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ContentsContentsContentsContents

• IndonesiaC t I• Current Issues

• Land Policy FrameworkTh NLPF• The NLPF

• The Purpose of Public ConsultationL d P bl i I d i• Land Problems in Indonesia

• Effort to Overcome the ProblemsTh P li G id d A ti Pl f NLPF• The Policy Guidance and Action Plan of NLPF

• Recommendations from Public Consultation


17 500 i l d d i l t Th fi i i l d• 17,500 islands and islets • Total land area 1.9 million square

kilometers.P l ti 234 893 453 (2003)

1. Sumatra (0.474 m.sq.kms), 2. Java (0.132 m.sq.kms),

• The five main islands are:

• Population 234,893,453 (2003)• 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

( q ),3. Kalimantan (0.539 m.sq.kms), 4. Sulawesi (0.189 m.sq.kms), 5. Papua (0.422.m.sq.kms). 6.8% of the total land area of the country.

• population growth 1.98%• The land area is generally covered by the

thick tropical rain forestsdadang-solihin.blogspot.com 5

thick tropical rain forests.

C rrent Iss esC rrent Iss esCurrent IssuesCurrent Issues

• Parallel with economic and population growth, current issues related to the land use management will become increasingly complex into the land use management, will become increasingly complex in the future.

• This is because development in the Indonesian economy is highly p y g ydependent 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 i f d th t di t d t f i d l ti• 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.q g


Land Polic Frame orkLand Polic Frame orkLand Policy FrameworkLand 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 ff iaffairs.


The NLPFThe NLPFThe NLPFThe 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 f th d t f NLPFresponse of the document of NLPF.

• From all those activities, it is likely to get inputs such as critics, suggestions and land problems description in each regionsuggestions and land problems description in each region.


Th P f P bli C lt tiTh P f P bli C lt tiThe Purpose of Public ConsultationThe Purpose of Public Consultation

• 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 th fi ld l l i l d ti l i t f NLPFthe field – local, regional and national – as inputs for NLPF development before the policy framework is implemented in the form of policy and concrete program.p y p g


L d P bl i I d iL d P bl i I d iLand Problems in IndonesiaLand Problems in Indonesia

1.1. Land conflicts and disputes.Land conflicts and disputes.22 The concentration of Land ownership andThe concentration of Land ownership and2.2. The concentration of Land ownership and The concentration of Land ownership and

land tenure in the hands of a small group of land tenure in the hands of a small group of peoplepeoplepeople. people.

3.3. The weak of legal guarantee over land.The weak of legal guarantee over land.


1 Land Conflicts and Disp tes1 Land Conflicts and Disp tes1. Land Conflicts and Disputes1. Land Conflicts and 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 L d O hi d L d T2 L d O hi d L d T2. Land Ownership and Land Tenure2. Land Ownership and Land Tenure

• 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: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

The concentration of land o nership and land holding in rban areas can be

g gfrom 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

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 W k f L l G t O L d3 Th W k f L l G t O L d3. The Weak of Legal Guarantee Over Land3. The Weak of Legal Guarantee Over Land

• The lack of protection of people’s rights over land, especially the poor grouppoor 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 ggroup, 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. S h diti t l t i i t t th t i i d ith• Such condition at last gives rise to poverty that is accompanied with social and political turbulence in the society.


S f L d P blS f L d P blSources of Land ProblemsSources of Land Problems

1. Existing legislation is not conductive for the resolution of land blproblems.

2. Lack of effective and efficient land institutions. 3 S b ti l i l t ti f l d i t ti3. Suboptimal implementation of land registration.4. Uncontrolled land use planning.5 W k f l d b d i f ti5. Weak of land based information.6. Insufficient mechanism exists for land conflict and dispute

resolutionresolution.7. Weak of land asset distribution system. 8 Insufficient protection of people’s rights over land8. Insufficient protection of people s rights over land. 9. Limited access of the people to the just land ownership and tenure.


Eff t t O th P blEff t t O th P blEffort to Overcome the ProblemsEffort to Overcome the Problems• 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 l d t d bpeople as mandated by:

– Article 33 Constitution 1945, B i A i L (UUPA 1960)– Basic Agrarian Law (UUPA 1960),

– Decree of People Consultative Assembly No. IX/2001 as a result of justice transparent participatory and accountable land andof justice, transparent, participatory and accountable land and other natural resources management.


Principles of NLPFPrinciples of NLPFPrinciples of NLPFPrinciples of NLPF1 L d i th t f th I d i ti d i b i it l f1. Land is the asset of the Indonesia nation, and is a basic capital 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 spaceof 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…”

3 Land policies are established as the foundation for the implementation of3. 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

tipreservation.4. Land policies are the foundation and guidance for all sector development

directly or indirectly relates to land.f f f5. 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.

6 Land policies are based on the effort to implement the Decree of People6. 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 Land policies are guideline for the government to implement a just landdadang-solihin.blogspot.com 16

7. Land policies are guideline for the government to implement a just land management.

G fG fThe Policy Guidance and Action Plan of NLPFThe Policy Guidance and Action Plan of NLPF

1.1. Reform of Legislation Pertaining Land.Reform of Legislation Pertaining Land.2.2. Development of Land Institution. Development of Land Institution. 3.3. Development of Land Registration Management and Its Development of Land Registration Management and Its

A l tiA l tiAcceleration. Acceleration. 4.4. Development of Land Use Planning. Development of Land Use Planning. 55 D l t f L dD l t f L d b d I f ti S tb d I f ti S t5.5. Development of LandDevelopment of Land--based Information System. based Information System. 6.6. Land Disputes Resolution. Land Disputes Resolution. 77 D l t f L d T ti S tD l t f L d T ti S t7.7. Development of Land Taxation System.Development of Land Taxation System.8.8. Protection for People’s Rights Over Land. Protection for People’s Rights Over Land. 99 I A T L dI A T L d9.9. Increase Access To Land. Increase Access To Land.


1 R f f L i l ti P t i i L d1 R f f L i l ti P t i i L d1. Reform of Legislation Pertaining Land1. Reform of Legislation Pertaining Land

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 C lt ti A bl N IX/2001 A i d N t lConsultative Assembly No. IX/2001 on Agrarian and Natural Resources Reform and other higher laws; and

4 Integrate implementation and enforcement of various regulations4. Integrate implementation and enforcement of various regulations and land laws for all parties.


2 D l t f L d I tit ti2 D l t f L d I tit ti2. Development of Land Institution2. Development of Land Institution

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 th itiauthorities;

3. Strengthen land institutions according to their respective tasks and functions;functions;

4. Improve the quality of human resources as the implementers of land management at various levels of government in its effort to g gensure the effectiveness of the service provided for the public as put forward by the principles of local autonomy implementation.


3. Development of Land Registration 3. Development of Land Registration p gp gManagement and Its AccelerationManagement and Its Acceleration

1. Refers to the development of an effective and efficient land registration system as an effort to ensure the legal guarantees andregistration 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 psystem 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 O i l d i t ti i f t t i d t i th4. Organize land registration infrastructure in order to improve the quality of land accessibility service to the public.


4 D l t f L d U Pl i4 D l t f L d U Pl i4. Development of Land Use Planning4. Development of Land Use Planning

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;national regional until the local level;

2. Implement transparent land use planning based on the needs of the people, the government and private/commercial institutions; p p , g p ;

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 l t f L d5 D l t f L d b d I f ti S tb d I f ti S t5. Development of Land5. Development of Land--based Information Systembased Information System

1. Leads to the determination and development of land-based information system for every level of government and institution;

2 Determine and develop regulations for data exchange and2. Determine and develop regulations for data exchange and information access, data changes pertaining to updating, editing and information presentation;

3 Develop a technical coordination model for exchange and3. 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 allof 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 collectutilization 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;

5 D l l d i f ti t hi h i t d b5. Develop land information system which is supported by information technology, computerized ad communication system as well as reliable human resources.


6 Land Disp tes Resol tion6 Land Disp tes Resol tion6. Land Disputes Resolution6. Land Disputes Resolution1. Refers to the efforts to comprehensively resolve land

disputes;disputes; 2. Establish mechanism and institutional resolutions to

land disputes as an effort to eliminate social turbulenceland disputes as an effort to eliminate social turbulence due to the disputes; and

3 Prioritize dispute resolution for structural cases which3. Prioritize dispute resolution for structural cases which can cause tremendous social, economic and political impactsimpacts.


7 D l t f L d T ti S t7 D l t f L d T ti S t7. Development of Land Taxation System7. Development of Land Taxation System

1. Leads to the development of a land taxation system used as one of the instruments for just land assetused as one of the instruments for just land asset distribution;

2 Apply a mechanism of income distribution whose2. Apply a mechanism of income distribution whose source is land taxation undertaken to achieve effective monitoring of land ownership land tenure and landmonitoring of land ownership, land tenure and land utilization;

3 Provide incentives to push maximum land use and3. Provide incentives to push maximum land use and disincentives on excessive land tenure which does not result in maximum benefitsresult in maximum benefits.


8 P t ti f P l ’ Ri ht O L d8 P t ti f P l ’ Ri ht O L d8. Protection for People’s Rights Over Land8. Protection for People’s Rights Over Land

1. Leads to the recognition of all kinds of rights over land already in hand, both as an individual, a social groupalready in hand, both as an individual, a social group (ulayat/communal), certain legal institution as well as other government institutions in accordance with the gexisting legislations;

2 Provide a legal guarantee over institutional relational2. Provide a legal guarantee over institutional relational patterns in land tenure.


9 Increase Access to Land9 Increase Access to Land9. Increase Access to Land9. Increase Access to Land1. 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;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 Recommendations from Public Consultationfrom 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 f l d l t th b ti itigroups of people and also to other urban activities


Thank youThank you

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Indonesia National Land Policies Framework