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I. Country
Report |
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Contact person for provided information:  |
Address:
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Prof. Lutfi Ibrahim Nasoetion
The National Land Agency
Head of the National Land Agency, Professor of Bogor Agricultural
University (IPB) |
Jl. Sisingamangaraja No. 2 Kebayoran Baru Jakarta, 12110
INDONESIA
Email: lutfinas(at)bpn.go.id
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| Information provided on 15
Jun. 2003 |
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A.
Country Context |
Indonesia
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Geographical Context:
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Indonesia is the largest archipelagic country in the world, consists
of 17,508 small and big islands, with a total area of 1,919,440
sq km, consists of water area = 93,000 sq km (not included exclusive
economic zone: 200 nautical miles, and land area = 1,826,440 sq
km with its coast line = 54,716 km. Straddles equator, strategic
location astride or along major sea lanes from Indian Ocean to
Pacific Ocean. Population = 231,328,092 (July 2002 est.). Arable
land = 9.9%, permanent crops = 7.2%, others = 82.9%. Land use:
cultivable regions = 123,432,164 ha (consists of forests = 57.74%
and non-forest = 42.26%); sheltered regions = 67,491,646 ha (consists
of forest = 81.56% and non-forest = 18.44%).
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Indonesia was colonized by the Dutch in early seventeen century
to mid nineteen century and achieved its independence in 17 August
1945 (proclamation of independence). Authoritarian regimes: from
1945 - 1965 was under the President's Soekarno administration,
from 1966 - 1998 was under the President's Soeharto's administration.
Democratic regimes: 1998 - 1999 was under the President's Habibie
administration, 1999 - 2001 was under the President's Abdulrachman
Wachid's (Gus Dur) administration, and now since 23 July 2001
is under the President Megawati Soekarnoputri's administration.
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Current Political and Administrative
Structures:
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The president is both the chief of state and head of government
(cabinet appointed by the president). Formerly, president and
vice president elected separately by the People's Consultative
Assembly (MPR) for five-year terms, but in the next 2004 national
election (in accordance with UUD 1945 constitutional changes),
the election of the president and vice president will be direct
vote of the citizenry. The People's Consultative Assembly (MPR)
includes the House of Representative (DPR) plus indirectly selected
members meets every five year to (formerly) elect the president
and vice president, to approve broad outlines of national policy
(GBHN), and also has yearly meetings to consider constitutional
and legislative changes.
Indonesia has 27 provinces, 2 special regions (Yogyakarta and
Aceh), and 1 special capital city district (Jakarta) with 370
regencies and municipalities.
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Historical Outline of Cadastral
System:
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Indonesia was colonized by the Dutch in early seventeen century
to mid nineteen century. The date of August 18, 1620 was noted
as the first basis implementation of the cadastre in Indonesia,
indicated by the pronouncement of the VOC (Vercenigde Oost-Indisch
Campagnie: an early Dutch company led to the Dutch colony) on
regulation to control the lands distributed to its employees and
resettled inhabitants from the Netherlands. But it has been only
having adequate implementation since 1961 by the Government Regulation
No. 10 Year 1961 as the completion of Art. 19 Basic Agrarian Law
(BAL): Act No. 5 Year 1960 (UUPA).
Cadastre in Indonesia is legal cadastre (conducted by the National
Land Agency: BPN) with negative system within the registration
of titles system, and fiscal cadastre (conducted by the Directorate
of Land and Building Taxation: PBB, Department of Finance) for
only the taxation purposes.
Partners for the BPN are the Land Deeds Officials (PPAT) who
issued the land deeds (transfer and mortgage) for land registration
and the Licensed Surveyors for surveying and mapping the land
parcels in accordance with the government surveyors.
Certificate of land titles are issued by the Land Offices and
they are valid as the strong evidence.
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B.
Institutional Framework |
Indonesia
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Government Organizations:
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As a unity state, Indonesia maintains centralized parcel-based
land administration offices in each City/Regency, which are mostly
still manual today. Indeed, there are 38 regency and municipality
land offices and 15 provincial land administration offices running
a Land Office Computerization (LOC) projects, but they are still
partly manual. The National Land Agency (BPN) is responsible for
land administration. According to Presidential Decree No. 26 Year
1988, BPN is a Non-Departmental Government Agency that has tasks
as follows:
"BPN is to assist the President in developing and managing land
administration, based on the Basic Agrarian Law and other related
laws and regulations that include regulating land use, land holding,
and land ownership, land titling services, land surveying and
land registration, and other activities related to land issues
based on the President's policy".
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Private Sector Involvement:
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Most of cadastral surveys are undertaken by the government surveyors
within the BPN. Since the introduction of Government Regulation
NO. 24 Year 1997, the role of private surveyors have been taken
part, both the Surveying and Mapping Companies and the Licensed
Surveyors. The Land Deeds Officials (PPAT) has also taken parts
on the land registration processes.
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Professional Organization or
Association:
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There are some Professional Organizations or Associations that
are involved directly or indirectly in the land administration:
a. Association of Indonesia Surveyors (ISI);
b. Association of Land Deeds Officials (IPPAT, ASPATI, and ASPATI
Indonesia);
c. Association of Indonesia Cadastral Surveyors (ISKI)
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Land registration in Indonesia is conducted based on the Article
19 Law No. 5 Year 1960 (UUPA) and Government Regulation No. 24
Year 1997. The specific regulation identifies guidelines for licensing
and registration of private cadastral surveyors and the undertaking
of cadastral survey by the private sectors is the State Ministry
of Agrarian Affairs/Head of BPN Regulation No. 2 Year 1998.
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Surveying programs are offered at two state universities and one
private university, but for the spatial information programs are
more widespread offered at many state and private universities
especially in Java Island.
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C. Cadastral System |
Indonesia
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Purpose of Cadastral System:
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As stated in Article 19 BAL (UUPA), to guarantee the juridical
assurance of land ownerships, the government conducts the land
registration that covers all the regions of the Republic on Indonesia
that consists of (a) surveying, mapping, and booking the lands;
(b) registration of titles and transfers of those titles; (c)
issuing the letter of evidence of land title that acknowledge
as the strong evidence. Afterwards, based on the Government Regulation
No. 24 Year 1997, the of land registration is defined as "the
sequence activities conducted by the government continuously and
regularly, consist of physical and legal data acquisition, processing,
registration, representation, and maintenance, in forms of maps
and registers of land parcels and strata title units, and issues
the certificate of titles and encumbrances.
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Types of Cadastral Systems:
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The cadastral system adopted in Indonesia is a registration of
titles with the negative system. As it is stated in Article 19
BAL, the certificate of land title is valid as the strong (not
positive or absolute) evidence. As long as it is otherwise inversely
proven by the court, then the certificate of land title is the
strongest evidence.
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The number of land parcels registered and titled is 24.5 million
land parcels out of the number of 84.5 million land parcels all
over the Indonesian territory (including forest areas). Among
the 24.5 million land parcels, they are still paper based maps
and databases (non digitized) and also still broadly loosely-connected
each other.
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Content of Cadastral System:
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Indonesia's cadastral system typically comprise of the following
components:
- Physical data:
- Textual components: the land register identifies land
parcel data and information which includes owners' name,
address, and other identities and attributes, neighborhoods,
and other related information;
- Spatial components: the cadastral maps show all land
parcels graphically corresponding to the registered title
(textual and juridical components) with unique parcel identifiers
(NIB) and number of map sheets.
- Juridical data: the land register identifies land parcel
data and information which includes owners' rights, restrictions,
durations, responsibilities, kinds of legal documents and legal
proofs, and other legal related data.
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D. Cadastral Mapping |
Indonesia
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Cadastral Map:
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Cadastral maps in Indonesia is basically drawn on to three scale,
1:1,000 (the most common scale), 1:500 (for the dense urban areas),
and 1:2,500 (for rural areas). Especially for plantation estate,
the cadastral map uses the 1:5,000 or 1:10,000 scales.
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Example of a Cadastral Map:
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Below are two examples of the different digital cadastral databases
from City of Tangerang and Regency of Tangerang:

Fig. 1: City of Tangerang (survey accurate).

Fig. 2: Regency of Tangerang - rural areas (survey accurate).
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Role of Cadastral Layer in SDI:
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Today, cadastral maps are still mainly used for the BPN purposes,
although they may also be used by other government institutions
and local government, it is not very frequent, one of some reasons,
because they have not been digitized yet.
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E. Reform Issues |
Indonesia
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Cadastral Issues:
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They're some important problems that the cadastre currently is
confronted with:
- The land registration processes requires too long procedures
and times:
- without using high-tech in surveying and mapping activities;
- manual and complicated land registration procedures;
- lack of and difficulty in gaining legal proof of land
ownership in accordance with poor land administration in
the village offices;
- Lack of cadastral (tangible and intangible) infrastructures
i.e.: maps, aerial photos/satellite images, cadastral networks,
surveying instruments, computer assisted mapping, and inadequate
land and cadastral laws and regulations.
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The current initiatives that are being undertaken:
- Adopting high-tech in surveying and mapping;
- Simplifying land registration procedures;
- Developing nation wide land information system;
- Simplifying land registration requirements;
- Working together with other government institutions in the
acquisition of existing land data and information;
- Reforming land and cadastral laws and regulations.
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