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Introduction
Indonesia is an archipelago of about 17,500 islands and islets with total land area of approximately
1.9 million square kilometers. One report said that the population will reach the figure of 234,893,453
million ni July 2003. The five main islands are Sumatra (0.474 m.sq.kms), Java (0.132 m.sq.kms),
Kalimantan (0.539 m.sq.kms), Sulawesi (0.189 m.sq.kms), and Papua (0.422.m.sq.kms). The land
area is generally covered by the thick tropical rain forests. However, intensity of land use is not even.
Land in Indonesia is mostly under extensive rather than intensive use. More than half of the land area
is covered with forests, but there is an uneven distribution of population. Approximately 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. In recent years there has been intensification in land use. This intensification has been
roughly in line with the growth in population, which increased at an annual rate of 1.98% between the
1980 census and the 1990 census.
Parallel with economic and population growth, current issues related to the land use
management, will become increasingly complex in the future. This is because development in the
Indonesian economy is highly 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 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.
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.
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
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consultation process. These activities are proposed to get a preference and public response 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 region.
If it is formulated in more specific way, public consultation at least intends to achieve two
purposes. First, bring in NLPF to a wide society, especially to the parties those are related to land
affairs and land policy in the future. Second, to get response, critics, suggestions and various land
problems in the field local, regional and national which are useful as inputs for NLPF
development before the policy framework is implemented in the form of policy and concrete program.
So that, this public consultation activities are expected to be a public sphere for the
community to participate in the process of formulating the land policy which is compatible with the
character and specification of the expanding land problems right now in one side, and compatible or
like-minded with the hope of all parties society, government and private on the other side.
In conformity with the plan that was arranged before, the first step of NLPF public
consultation is carried out in a form of Local Discussion and followed by Regional Workshop. From
the Local Discussion and Regional Workshop activities, it is expected to get a general description of
land problems in the region, and at the same time to look at response of stakeholders related on land
affairs on NLPF draft, the relevance of NLPF draft in relation with land problems in the regions, and
also to get inputs for the improvement of NLPFs draft.
So that, even though NLPF is a policy delivered by the central government and it has a
national scale, but its existence has a relevance and well-matched with the objective condition of the
land problems occur in each region. The same goes for when the policy is implemented, besides it can
accommodate the characters and specifications land problems arise in the region, it also can be in
accordance with the demand of democratization and local autonomy.
The first Local Discussion which covers East Java Region was conducted in May 25 th, 2004
in Surabaya, East Java Province; the second Local Discussion which covers West Nusa Tenggara
Region, was conducted on June 5th, 2004 in Mataram, West Nusa Tenggara Province. The first
Regional Workshop which covers Java Region was conducted on June 16th 17th, 2004 in Batu, East
Java Province; and the second Regional Workshop which covers the provinces of West Nusa
Tenggara, East Nusa Tenggara, and Bali was conducted on June 21 st -22 nd, 2004 in Mataram, West
Nusa Tenggara Province.
Parties which actively take part in this Local Discussion and Regional Workshop include
government representative, civil society (farmers and farmer organization), non government
organization, private sector, academic society from institution of higher education, Local Legislative
Assembly (DPRD), college student, and the media.
agriculture census in 2003. Meanwhile, an illustration of 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.
Third, the weak legal guarantee over land can be seen through the lack of protection of
peoples rights over land, especially the poor group. 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. During the economic crisis, the occupation of land that
had been registered of provided its rights occurred in both rural and urban areas. Such condition at last
gives rise to poverty that is accompanied with social and political turbulence in the society.
Principles of NLPF
First, land is the asset of the Indonesia nation, and is a basic capital for development to
achieve the just prosperous society. Therefore its utilization must be based on the existing and
developing principles off the Indonesian people. In this case, any effort to make land as commercial
goods, the object of speculation, or other things contradicting the principles contained within the
Article 33 paragraph 3 Constitution 1945 must be avoided.
Second, 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 Therefore, it is the duty
of the State to protect the peoples rights ad to give just access to agrarian resources, including the
land.
Third, land policies are established as the foundation for the implementation of developments
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.
Fourth, land policies are the foundation and guidance for all sectored development directly or
indirectly relates to land.
Fifth, 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.
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Sixth, 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, especially
Article Paragraph 1.
Seventh, land policies are guideline for the government to implement a just land management.
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Seventh, development of land taxation system, with the action plans are; (1) leads to the
development of a land taxation system used as one of the instruments for just land asset distribution;
(2) apply a mechanism of income distribution whose source is land taxation undertaken to achieve
effective monitoring of land ownership, land tenure and land utilization; (3) provide ni centives to
push maximum land use and disincentives on excessive land tenure which does not result in
maximum benefits.
Eighth, protection for peoples rights over land, with the action plans; (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 existing legislations; (2) to provide a legal guarantee over institutional relational patterns in
land tenure.
Ninth, increase access to land, with the action plans are; (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) to connect land reform activities to other
developmental activities as an effort to overcome poverty in both rural as well as urban areas; (3) to
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.
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not care or apathies. Other causes are difficulties to criticise NLPF due to the lack of time. Second,
for other group of discussion participants, such as non government organizations and farmer
organizations are sceptical enough, even apriority in responding the presence of NLPF. That sceptical
characteristic mainly observed from their curiosity for the possibility of the appearance of hidden
agenda behind the NLPF which completely keep away from all the interest of the majority people, but
just to accommodate the interest of certain groups of people, or just as a tool of legitimating over a
policy which will be implemented by the government. Beside the differing thoughts, this group is
also critical enough in responding the policy guidanc e and action plan which is drafted in NLPF. So,
there has to be an intensive effort to convince them to decrease or significantly reduce the sceptical
and opposing thoughts.
Some participants assess that there are some policy guidances and action plans which can get
the people to a worsen land problems. Among the policy guidances and action plans which get a lot
of attention is land registration (certification) and its acceleration. Policy guidance and action plan
which lead to this certification was assessed as very risky, because the form of right protection of land
ownership rights and land tenure in the form of certificate is very potential to change the perception of
the people over land as a goods or commodity to get profit. If the certification program is not
placed in Reform of Agrarian Framework, parties which have more chance to get benefit are not
farmers, but a group of people who have a big capital that potentially can accumulate land tenure and
land ownership excessively without paying attention to other peoples interest. Beside, there has to be
an effort to empower the people to anticipate or avoid the risk of land certification, to keep away the
weak people is becoming more and more suppressed.
Recommendations
Based on the result of NLPF public consultation at least there are two basic/main
recommendations which are brought up by the public that are represented by the participant of the
NLPF public consultation.
First, policy guidance and action plan which has to be a priority in NLPF lead to the
implementation of land reform (in broad meaning) which are really oriented to the interest of the
people especially farmers and groups of people whose life depend on agrarian sources as
mandated by article 33 Constitution 1945, UUPA 1960 and also in accordance with the Decree of
People Consultative Assembly No. IX/MPR/2001 on the Reform of Agrarian and Natural Resources
Management which is mandated the government to employ efforts with respect of both rearrangement
of laws and regulations and rearrangement of land tenure, land ownership and land utilization, which
all placed in the framework to develop sustainable peoples welfare.
Second, policy guidance and action plan which has formulated in NLPF have to be placed in
the context of the reform of agrarian implementation. It means, policy guidance and action plan of
NLPF is integrated and implemented in a big agenda of Agrarian Reform. In other sentence, NLPF
has to be part of a bigger agenda, which is the implementation of Agrarian Reform. The meaning of
the Agrarian Reform is a continuous process related with rearrangement of the land tenure, land
ownership and land utilization of agrarian resources which is held in the frame of the achievement of
law assuredness and protection and also justice and welfare for all people. So that, potential of the
reappearance of sectors problem, the conflict of interest and a partial, temporary and unrealistic land
problem handling can be avoided.
To bring the first of main recommendation into the reality, the agenda of land reform
implementation needs to add up into the separate policy in NLPF, so the number policies of NLPF
become ten (10). Policy guidance of land reform implementation is the following: 1) Drafting law and
regulation for implementation of land reform, and 2) the implementation of land reform program
consequently. Moreover, the action can be recommended consist of: 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) Revitalization of the
implementation of land form in the broad way has already known traditionally all along and
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contemporary in the future in the village to support food security and other activities in the village,
on the other hand in the city, to support land availability for the community resettlement, especially
poor city people and other weak groups of people and also to other city activities, and 4) Develop a
land reform ad-hoc court, also 5) Resolution of land reform problems comprehensively and quickly.
Beside the basic recommendations above, there are still inputs from the participant of public
consultation in local discussion and regional workshop which are not fundamental and more
supportive to be integrated in the revision of NLPF draft in order to complete or improve of NLPF,
which are:
1. In the contexts of NLPF, NLPF should be more in a conceptional framework, macro and
comprehensive and is trapped with the technical problems, both jurisdiction and administrative,
because the instrument to resolve the problems has to be reviewed, revised, verified and if it is
necessary falsified to get a set of accurate and long term land policies for providing the peoples
rights protection and the peoples access over land.
2. The policy to reform land laws and regulations have to be followed with the law enforcement.
3. To establish law to provide protection for customary society and the implementation of rule on
limitation of the maximum area of land control or land holding.
4. Formulating a policy which regulates capital sharing between land owner (society) and investor in
land utilization.
5. Review the elimination of tax progressive implementation which has suggested in the draft of
NLPF. Implementation of progressive tax only suggested for excessively land holding or land
ownership but not for abandoned land. For the abandoned land labeled with exploitation right as
HGU, it is not suggested to be subject of progressive tax, but rather on the effort to the
cancellation of business permit and contemplation or judicial review on land rights by the
authorize land institution. Applying tax progressive is considered can support land liberalization.
6. Implementation of taxation system to utilization of land that has social function and for
agriculture land is suggested not only based on sale value of tax object (NJOP), but also
considered the outcome and function of the land.
7. The effort so that the implementation of progressive taxation system can achieve it goals, the
inputs that has been not accommodated in the draft of NLPF are: (1) Applying land registration
optimally in the ways of implementing the newly treated system for a certain time for land
registration, (2) developing disincentive system to tax violence, (3) structuring the tax system to
avoid double tax, (4) providing an incentive to farmers in the city such as providing similarity of
sale value of tax object (NJOP) of agricultural land in city with the agricultural land in the rural.
8. Applying Single PIN (Personal Identification Number) system in land certificate.
9. To review, improve or sharpen the seven basic principals of the land policy in the draft of NLPF,
so it become obviously and can convince that the document of NLPF is far beyond the liberalism
and capitalism concept. Furthermore, the participants suggested the fundamental norm or the
ideology of the land policy formulation should more consider and provide attention to the weak
group and focusing to the achievement of social welfare and to maintain law enforcement and
protection to the land rights for the society by the State.
10. Strengthening of the structure and enhancing the status of the authorize land institution from
center level to the region to increase the coordination with related institutions.
11. In the way of implement the Reformation of Law Regulations Pertaining to Land, policy guidance
point 1 is changed to be Formulating and drafting an umbrella act for all regulations pertaining to
land by developing basic principles stipulated by Basic Agrarian Law 1960 with writing down the
historical element like kesultanan/kesunanan land, etc. Beside that in the action plan needs to add
up the formulation of laws pertaining rights civilization.
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12. The land conflict resolution should be implemented properly in the location or area where the
conflict occurs through a transparent and democratic way by involving the participation of the
society, so the society and related parties will not have administrative difficulties in fin ding the
resolution.
Bibliography
Decree of People Consultative Assembly No. IX/2001 on the Reform of Agrarian and Natural
Resources Management
http://www.dadangsolihin.com
Law No 5 /1960 regarding the Basic Regulation on Agrarian Principles
Law No. 24/1992 regarding Spatial Use Management
Republic of Indonesia (1997) The Agenda 21-Indonesia: An Environmental and Developmental
Action Plan for Indonesia as It Enters the 21st Century, The State Ministry for the
Environment, Jakarta
Republic of Indonesia (2004) Local Discussion and Regional Workshop Public Consultation of
NPLF, Directorate of Spatial Planning and Land Management, National Development
Planning Agency (Bappenas), Jakarta
The Indonesias Constitution (UUD 1945)
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13
Morning
Sunday
August 8
Monday
August 9
Tuesday
August 10
Afternoon
Arrival
10:00-12:00
Opening Ceremony
Ching-Wen Kao
12:00-13:30
Welcome Luncheon
09:00-12:00
Urban Planning in the Context of
the Competition under
Globalization
Taipei case
Chung-hua Tou
14:00-17:00
Taiwans Environmental Policy in
Face of Economic Globalization
Professor H. H. Hsiao
13:30-16:30
Impact on Agricultural Land Use
after Taiwans Accession to WTO
Kuo-Ching Lin
Overnight
ICLPST
ICLPST
ICLPST
09:00-12:00
13:30-16:30
The Application of Informational
Taiwans Industrial Policy in the
Wednesday
Technology to Governments Land Era of Knowledge-based Economy
ICLPST
August 11
Management
Fang Chang
Feng-Tyan Lin
13:30-16:30
19:00-20:00
09:00-12:00
Country Paper Presentation
Chinese
Knowledge-based Economy and
Thursday
Cheng-Min Feng
Conversation
August 12
Land Management
Class
Cheng-Min Feng
(ICLPST)
Friday
09:00-12:00
Country Paper Presentation
ICLPST
August 13 13:30-16:30
Cheng-Min Feng
Saturday
August 14
14:00
Visit Dei-An Department
07:30 Depart for Taichung County Store
09:30 Visit National Museum of ?
The Fiesta of Rice Harvesting
Natural Science
15:00 Proceed to Sun Moon Lake
(Cruise on the Lake)
Sun Moon
Lake
Sunday
August 15
Taichung
Monday
August 16
09:30-11:50
Briefing at Chungshan Land Office
of Taichung City Government
? Computerization of land
administration
? Tour around the Office to
observe its equipment and
facilities
Taichung
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14:30-17:00
Briefing at Soil and Water
Conservation Bureau
? Conservation of slope land and
rural community development
? Visit slope land conservation
site and rural community
development project site
14
Date
Tuesday
August 17
Morning
Afternoon
09:00-11:50
Briefing at Wu -Jih HSR Station &
Taichung Habor Arts Center,
Organized by Taichung County
15:30-17:00
Government
Visit the Pottery & Porcelain Street
? Organization and functions
in Ying-Go
? Land use and management
? Observe
land
development
project site
10:00-11:30
Briefing at Industrial Development
14:30-15:40
Bureau, Ministry of Economic
Visit Chiang Kai Shek Memorial Hall
Affairs
Wednesday
15:50-16:50
? Organ ization and functions
August 18
Visit Chinese Handicraft Mart of
? Industrial development
Chinese Handicraft Promotion
strategies and development of
Center
industrial parks
? Visit an industrial park in Taipei
09:30-11:50
Briefing at Land Department,
Taipei City Government
14:30-16:00
? Organization and functions of
Thursday
Visit National Palace Museum
the department
August 19
16:10-17:00
? Introduction to cases of land use
Visit ShiLin Presidential Residence
and management
? Observe urban land
development project sites
10:00-11:30
Wind-up Discussion
Friday
Ching-Wen Kao
Free
August 20
12:00-13:30
Farewell Luncheon
Saturday
Departure
August 21
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Overnight
ICLPST
ICLPST
ICLPST
ICLPST
15
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16