IRAWAN SUMARTO AND ENDRI DIYANTOTHE INDONESIA NATIONAL LAND AGENCY (INLA)(INLA)

Presented to Asia GeoSpatial ForumHanoi, 17-19 Sept 2012

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Land RegistrationLand RegistrationBefore 1960Before 1960

Dualism in land rights system : Dualism in land rights system : EuropeanEuropean or westernL or westernLaw, under the Book of Civil aw, under the Book of Civil

European LawEuropean Law ( (Burgerlijk WetboekBurgerlijk Wetboek)) Customary lawCustomary law

1960,1960,

TTo end that dualismo end that dualism, enactment of UU-5-1960, , enactment of UU-5-1960, Laws Laws number 5 in 1960 as the number 5 in 1960 as the Basic Agrarian Law (BAL).Basic Agrarian Law (BAL).

Land registration Land registration as as described in article 19 of the BAL as: described in article 19 of the BAL as:

(a) (a) SurveySurvey, mapping and , mapping and Land recordingLand recording (b) (b) registration of land rights and land transfer (c) registration of land rights and land transfer (c) issuing issuing of land ownership sertificate of land ownership sertificate Cadastral Surveying Cadastral Surveying and Registration of Rightsand Registration of Rights

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• Control and Authority of the Land is Control and Authority of the Land is given (not owned) to the Stategiven (not owned) to the State

• Rights are recognised after registered Rights are recognised after registered to INLAto INLA

• Land Status : State Land and Private Land Status : State Land and Private LandLand

• Type of Rights:Type of Rights:• Right of ownership (freehold)Right of ownership (freehold)• Right of cultivate (leasehold)Right of cultivate (leasehold)• Right of build (leasehold)Right of build (leasehold)• Right of employ/useRight of employ/use• Strata TitleStrata Title• Right of ManagementRight of Management• Right of encumbrance/mortgageRight of encumbrance/mortgage

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Land Administration System Land Administration System (LAS) (LAS) of Indonesiaof IndonesiaChapter 33 paragraph 3 of the 1945 Constitution states all land, water, and space,

including natural deposits contained therein as a gift of God Almighty, is a national treasure; and right to control and authority is given to the state.

The state has authority to: regulate and implement for allocation, use, supply and management determine and regulate the rights that can be acquired over (part of) the earth, water and

space. determine and regulate legal relations between the peoples and the legal actions of the

earth, water and space.

The objective of Land Registration, Land Management or Land Adminsitration is to achieve maximum prosperity of the community within the framework of a just ice society and prosperous land administration in terms of land management.

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Agrarian ReformThe national land management is run through four principles of :

Land management must contribute to the community welfare; Land management must contribute to the community justise;

Land management must contribute to Indonesian Sustainibility Society; Land management must contribute to the community harmony.

Agrarian Reform is one of the national land policy and framework, and becomes urgent considering land is one of the basic capital in national

development.

Strategies need to be directed to support Agrarian Reform: Enhancement in land mapping infrastructures in order to speed up assets legalitation and certainty of

land rights law, and also in line with reduction of potentially land conflicts; Structuring and controling land tenure, ownership, utilization and exploitation; Improvement in land services performance; Enforcement of related land laws as well as reduction in the numbers of abandoned lands.

Operationally, agrarian reform is defined as Landreform + Access Reform.

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The Indonesia National Land Agency (INLA)The task of INLA is based on Presidential Decree number 10 of 2006,

to manage the land at national, regional and sectoral level.

INLA is divided into 3 levels: the central level/headquarter, the provincial office level (Provincial National Land Agency/PNLA) and district level (Land Office/LO).

INLA duties are divided into seven tasks and functions, as follow: Surveying and mapping which is the task of Deputy I. Determination and granting of land rights for individuals, legal entities and governmental ownership

which is the task of Deputy II. Establishment of parcel/land boundaries, land cadastral measurements and mapping, land

registration as also the task of Deputy II. Technical assistance for PPAT (Land Official that grant Land Deeds), coach for License Surveyor and

Land Appraisal Institute as also the task of Deputy II. Management and land use which is the task of Deputy III. Community empowerment and land controlling for abandoned and critical land which is the task of

Deputy IV.

Assessment and handling of land conflicts and land disputes which is the task of Deputy V.

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In accordance with Government Regulation number 24 of 1997 chapter 14 ,

surveying and mapping is the process of collecting and processing physical data.

Cadastral surveying has two principles : Specialise : involvement of adjacent neighbours, in addition, it must be possible to reconstruct the parcels boundaries. Publicity : the transfer of land rights which has been registered in the office is known by all parties concerned.

The government has an obligation to provide a base map. In which a base map is used for plot every cadastral survey of a parcel.

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The Law number 5 of 1960 (Basic Agrarian Laws). The Law number 5 of 1967 (Forestry Law). The Law number 10 of 1960 (land reform) Government Regulation number 24 of 1997 (surveying and land registration) Law number 4 of 1996 (mortgage) Law number 24 of 1992, Law number 16 of 2004 (space and land use planning ) Law number 28 of 1956, Law number 29 of 1956, Government Regulation number 49 of 1996 (regulation of granting land rights ) Law number 16 of 1985 (rules of the apartment right)

etc

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Land registration procedure has two kind of process : first registration process and maintenance of land data registration.

First registration process, phases should be done as follows: Collection and processing of physical data; Evidentiary of rights and booked; Issuance of land certificate; Information of physical data and juridical data; Documentation in special form.

Maintenance of land data registration, phases should be done as follows: Transfer of registration; Mortgage.

Land Regulation number 1 of 2010 (Standard and Operating Procedure) explains in detail about the procedures to be performed by every Land Office staff in accordance with their respective functions, completion time of each activity and the costs to be paid

by the applicant.

Acceleration of land registration has been done with the two approaches, systematic and sporadic approaches.

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The process of collection, storage, processing and presentation of data is facilitated easier and faster by the presence of information technology.

Land Office Computerization is computerised service system by developing an electronic database system.

The project began in 2006 and until now has been done in 420 Land Offices, divided

to web-based and desktop based.

Some advantages of the implementation of LOC are : Openness in the framework of public accountability, fulfill the mandate of Law Number 14 Year

2008 on Public Information Openness, Open Government Indonesia implementation. Efficiency.

Data quality. Executive Information System, all stakeholders can achieve and analyze data needed to provide

suitable and integrated information. Supporting data sharing for one stop services of government services and developing

integrated spatial database for planning

In the LOC system and application, data quality land parcels registered indicated by the link-up of both data and mapping of

land in the proper position on the registration base map.

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