spatial planning and agrarian reform in indonesia

8/12/2019 Spatial Planning and Agrarian Reform in Indonesia

1/13


2/13

Basic Agrarian LawNo.5/1960 (an Umbrella )

Coordinating AgrarianSectoron Land,Mining, Forest,

Agriculture, Coastaland Marine

Agrarian ReformRegulation (sharing

crops, ceiling,landreform, Land

Reform Court)

National Land UsePlaning


3/13

Land Reform Interrupted bySoehartos regime

Basic Agrarian Law 1960 isfreezed and misused

Injustice Agrarianstructure is exist

Rural development andagriculture is not prioritized

Pay the national loan withexporting of natural resources

Developmenta isimplemented and financedfrom national loan

Agrarian sectorallaw endorsed andBAL is not reffered

Agrarian conflict

land grabbing by state ownenterprises and privatecompany

Poverty in rurall, Migrantworker, Slum area

Distrust of politic

REFORMASI

agrarian reform becomepolitical issue

Liberal democratization

Liberal economy on bank,finance, mining, land,

Neo liberaleconomy systems


4/13

Forest Law No.41/1999

Forest Zone (69%of land inIndonesia

claimed as forest)

Conservation andProtection Zone

Production ForestZone

Mineral, Coal, Oiland Gas Mining

Non Forest Zone(31% of Land)

Basic AgrarianLaw 1960


5/13

Giant concession on land to theforest company for 100 years.

Conflict with peasants, indigenouspeople, threat to wild animal etc.

Only 12.4 % of forest legitimated bylaw of forest

33.000 villages in forest area(insecurity of tenure)

Government states 69 percent ofland is forest (136.9 M hectares)


6/13

Mining

Forest AreaStated as nonforest zone by

ministry of forestry

Should meet regulationon land in non forest

area

Rent the ForestZone

After exploitation, landreturn as forest and still

in forest zone

Non Forest Area

Location Permit onExploration then

Exploitation by LocalGovernment

Land Compensation

following allevironmental standard

stated by minister ofenvirontmen

Following all regulationstated by minister of

mining


7/13

Plantation

Non Forest Area

location permit

land compensation

Plantation permit byminsiter ofagriculture

following allevironmental

standard by ministerof Environtment

Forest areaStated as non forest

area by minister

Should to followregulation on landin non forest area


8/13

Overlapping concession of mining,plantation, wood plantation in forest

industry No legal certainty on land (conflict of

law)

Rent seeker among government officer(corruption, colution and nepotism)

Land Conflict (2011: 163 of land conflicton 472.048 ha, 22 peoples were died)


9/13

Spatial Planing LawNo.26/2007

National coordinatingspatial planinng and

layout body

National Spatialplaninng

Big Island SpatialPlanning

Strategic nationalzone/special

economic zone

Detailed SpatialPlanning on Province,Sub Province and City

level ministry offorestry stated as non

forest zone


10/13

SpatialPlaning LawNo.26/2007

LocalCoordinatingSpatial Body

NationalCoordinatingSpatial Body

NationalSpatial

Planning

Big IslandSpatial

Planning

Strategicnational

zone/specialeconomic

zone

DetailedSpatial

Planning inn Province,

SubProvinceand City.


11/13

Requires for approval from Ministry ofForestry to endorse spatial planning indistrict and province

Lack of community participation

Private companies and government elitestend to use the law as a way to own landsfor interest of their group .

Drived by economic interests andcorporate investment (Special economiczone, MP3EI/Masterplan of EconomicDevelopment of Indonesia)


12/13

Encourage for reformation in spatialparticularly to forest zone (KPA included

in ministry of forestry tenurial reformteam)

To prevent land grabbing & forest in thename of spatial reformation

Formulation of National Land Law systemtoward agrarian refor


13/13

Thank you

Iwan Nurdin: Deputy Secretary General

of Consortium for Agrarian Reform (KPA)-Indonesia

www.kpa.or.id

@iwan_nurdin
http://www.kpa.or.id/http://www.kpa.or.id/

spatial planning and agrarian reform in indonesia

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