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INDONESIAN EXPERIENCE IN THE RESTORATION OF LAND TENURE SYSTEM IN THE POST-TSUNAMI ACEH

Joyo Winoto, Ph.D


Head of Indonesian National Land Agency

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

Impacts of Tsunami in Aceh


Over 300.000 home destroyed Over 500.000 people displaced Over 126.925 people were killed Over 37.063 people were still missing

And, land archive destroyed and missing


BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

Conditions of Land Tenure and Land Administration


No 1 2

Subjects (Owners / Legacy) Exist


Exist

Objects (Land Parcels) Exist Exist

Ownership Documents Exist NE (Not Exist) Exist

Possibility Process (Land Rights Reconstruction) Can be processed (ideal) and certificate can be issued Can be processed and certificate can be issued Unknown land owners, the issuance of certificate cannot be issued, land Inventoried and managed by Baitul Maal or Property and Heritage Agency (Balai Harta Peninggalan / BHP). Unknown land owners, the issuance of certificate cannot be issued, land Inventoried and managed by Baitul Maal or Property and Heritage Agency (Balai Harta Peninggalan / BHP). Categorized as abolishe land, process: followed up by BRR / Local Govt into relocation program Categorized as land abolished, process: followed up by BRR / Local Govt into relocation program Unknown land owners, Categorized as land abolished, Cannot be processed Unknown land owners, Categorized as land abolished, Cannot be processed

NE

Exist

Exist

Exist

NE

5 6 7 8

Exist Exist NE NE

NE NE NE NE

Exist NE Exist NE

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

The Government Response


1. Emergency Relief Phase. May 2005, Indonesian government declared that the emergency relief phase was over and it was time to fully focus on the huge task of rebuilding lives and infrastructure. Rehabilitation and Reconstruction Phase. Government rapid respond to reconstructions and rehabilitation of land tenure system

2.

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

THE POLICY AND STRATEGY OF LAND TENURES RESTORATION


1. Transfer of land ownership/right prohibited

2.
3. 4. 5. 6. 7.

Digital of Land Records reproduced


Abolished Land recovered Land Right for their Unknown Owner managed Property Tax exempted Land Rights reconstructed State Budget & Grant Allocated

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

STAGES IN RECONSTRUCTION AND REHABILITATIONS OF LAND ADMINISTRATION AND MANAGEMENT


1. In September 2005 until May 2006, 200 NLA mobilized staffs (surveyors and administration staffs) were placed in Banda Aceh and Aceh Besar, to support the reconstruction program.
2. In September 2006, 480 NLA mobilized staffs were located in 9 Kabupaten (district) in NAD. 3. In September 2008, 242 NLA mobilized staffs were placed in 13 Kabupaten/Kota (district/Cities) Offices in NAD. By the end of December 2008, they have adjudicated 63.933 land parcels or about 58% from the target of 110,000 land parcels.
BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

OBJECTIVES
THE RESTORATION OF LAND TENURE

Reconstruction of land boundaries by identifying and rebuilding the land boundaries closed to the conditions before tsunami. Reconstruction of land rights by issuing certificates for registered and not registered land parcels.

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

In the last three years, the results of the reconstruction are as follows:
3 offices have been re-built (Local Land Offices - LLO in Kab. Aceh Jaya, Kab. Gayo Luwes, dan Kota Sabang). 3 offices have been renovated (including Kanwil/ Provincial Land Office NLA NAD) Some office equipments have been reinstalled: 143 units computers, servers, printers, etc Surveying equipments have been provided: 33 sets Total Station, 6 sets GPS receiver geodetic type, 9 units handheld GPS, including softwares

21 units of operational cars and 200 unit of operational motorcycles have been provided.

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

THE NEW LAW FOR RECONSTRUCTION OF ACEH


LAND ADMINISTRATION & MANAGEMENT Law number 48 year 2007 regarding handling legal issue in the framework of the implementation of rehabilitation and reconstruction areas and people living In Aceh Province and Nias islands North Sumatera Specific issues in the law are:
1. 2. 3. 4. 5. Tax exemption for Land registration Simplicity evidence of bank deposit Prohibition for PPAT/Notaries for transfering of right before juridical and physical data clearly Arrangement of Baitul Mal for the Moslem properties and Balai Harta Peninggalan for non-Moslems Relocation for tsunami victims

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY

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