Initiative on Implementation of 3D Cadastre in Indonesia

Transcription

1 Initiative on Implementation of 3D Cadastre in Indonesia Deni Santo and Sri Karina 1), Trias Aditya 2) and Eka Djunarsjah 3) Keywords : 3D cadastre, mapping, land, policy SUMMARY As population grows rapidly while land availability does not change, space use intensification through the development of vertical buildings and cascaded settlement infrastructures on top and under land parcels dramatically changes many urban cities around the world. National land agency (BPN-RI) is responsible agency for registering legal aspect of property objects including land parcels and apartment units. In order to ensure the legal certainty over land parcels, BPN should carry out the measurement, mapping and land registration activities, as well as relevant activities to administer the legal relationship between people and land parcels. Since 2008 BPN has started to investigate and assess the implementation of 3D cadastre concept in Indonesia. In collaboration with academic institutional, BPN-RI makes a two pilot projects; registration for space cadastre on the above and under surfaces at Yogyakarta and Central Java Provinces and utilization for marine parcels at Bintan island. The first year of this project was to prepare technical data to be used as a technical policy of setting boundaries in space. The aim is to find the document that contains the model, systems and technical policy formulation within the scope of delimitation of space. The second year was to provide intensive discussions which was involving various government institutions related to the activities of the Technical Policy Formulation Space and Water. The third year, 2011 was to carry out the technical implementation phase of space and waters in the form of the preparation procedure and Mapping Measurement of Space and Water. Results achieved in the third year shows that technical problems can be solved exactly, but it matters when related to the umbrella law which is still an obstacle, because the unavailability of the relevant regulations in the implementation of 3D Marine Cadastre in Indonesia. SOMMAIRE Comme la population croît rapidement, tandis que la disponibilité des terres n'est pas le changement, l'intensification de l'utilisation d'espace à travers le développement des constructions verticales et d'établissement en cascade sur le dessus et sous parcelles de nombreux changements de façon spectaculaire les villes urbaines du monde entier. National Land Agency (BPN-RI) est l'organisme responsable de l'enregistrement aspect juridique de la propriété des objets qui incluent des parcelles et des unités de logement. Afin d'assurer la sécurité juridique sur des parcelles de terre, le BPN doit réaliser la mesure, la cartographie et les activités d'enregistrement foncier, ainsi que des activités pertinentes pour administrer la relation juridique entre les personnes et des parcelles. TS05A - 3D and 4D Cadastre I, /15

2 Depuis 2008, le BPN a commencé à étudier et évaluer la mise en œuvre du concept de cadastre en 3D, en Indonésie. En collaboration avec des institutions académiques, le BPN-RI fait un projet de deux pilotes, l'enregistrement de l'espace sur le cadastre ci-dessus et sous les surfaces à Yogyakarta et de Java Central Provinces et de l'utilisation pour les colis marine à île de Bintan. La première année de ce projet est de préparer les données techniques pour être utilisé comme une politique technique de l'établissement de limites dans l'espace. L'objectif est de trouver le document qui contient le modèle, les systèmes et les techniques de formulation des politiques dans le cadre de délimitation de l'espace. La deuxième année suivi par des discussions intensives qui était impliquant diverses institutions gouvernementales liées aux activités de l'espace formulation de la politique technique et de l'eau. La troisième année, 2011, suivie par l'espace des phases d'exécution technique et les eaux sous la forme de la procédure de préparation et de l'espace de mesure de cartographie et de l'eau. Les résultats obtenus jusqu'à la troisième année montre que les problèmes techniques peuvent être résolus exactement, mais il les questions liées à la loi-cadre qui est encore un obstacle, parce que l'indisponibilité de la réglementation pertinente dans la mise en œuvre de la 3D cadastre marin en Indonésie. 1. INTRODUCTION Continuously increasing development activities especially in urban areas with limited land space leads to better utilization of space above and below the ground surface, not only in terms of building structures, but also in terms of function and ownership. Indonesia has had many situations of the use of space both above and below ground, which cause problems in legal aspects, especially the utilization of space has nothing to do with the ground plane on the surface. The most complex of space use makes complex problems arise. Land administration, which previously focused on the regulation of the utilization of the soil surface only, is currently required to be able to manage the space uses. Problems arise, especially concerning the legal status of utilization of space in question. Indonesian government must be able to accommodate all these demands, especially related to the use of space that is either above or below the earth's surface, which is physically or legally has nothing to do with parcels of land located on the surface of the earth, commonly called 3D cadastre. 3D cadastre is important because of several factors, such as: - The value of a property becomes higher and higher. - Water space use increases for residential, business, and tourism. - The number of tunnels, pipelines and cables, well water, electricity, telephone, and sewer, underground parking lots, shopping centers, the buildings on the street, and building multi-story buildings with other functions increase significantly, and - The development of the 3D technology like 3D GIS, 3D planes allows the realization of a 3D cadastre [Stoter J. E And Hendrik D. Ploeger, 2004]. TS05A - 3D and 4D Cadastre I, /15

3 3D cadastre can be interpreted as a system of cadastral register (the register) and provides an insight on the authority of right and restrictions, not only on parcels of land, but also the 3D property unit. Real 3D limits space (having clear boundaries) that can be owned by a person with a right, in accordance with the regulation [Stoter J. E And Hendrik D. Ploeger, 2004]. 2. INDONESIA S GOVERNMENT POLICY RELATED TO 3D CADASTRE The Government of Indonesia has issued Presidential Decree Number 10 of 2006 on National Land Agency, section 2 which states that: "The National Land Agency has the task to carry out tasks in the field of land administration in national, regional, and sectoral ". In article 3 of regulation, the duty of government in the area of land includes: organizing and carrying out surveys, measurements and mapping in the area of land, and implementing land registration in order to ensure legal certainty. In the Regulation of the Head of National Land Agency of the Republic of Indonesia (BPN RI) Number 3 year 2006 on Organization and Administration of National Land Agency of the Republic of Indonesia, in article 196 it says : Directorate of Boundary Affairs for Land and Space, has the task of preparing the formulation of policies and implementing technical demarcation of plots of land and space. Furthermore, in Article 197 it is stated that one of the functions of the Directorate Determination of the Land Boundary and Space Field is conducting the measurement, mapping and accounting boundaries of space and waters. Related to the limitation of the object field and the space above and below the ground plane, systematic cadastral object can be categorized as: apartment buildings (such as living apartments and office buildings) and building infrastructure. The basic principles in the cadastre are publicity and specialty [Molen, P. v. d., 2001]. Publicity means that documentation related to registration and transfer of land rights (certificates) can be accessed by third parties for purposes of confirmation of legality of the ground. Speciality means the relationship between human subjects and objects of land is clearly defined and accessible for the purposes of assertion aspects of legal ground. In this regard, van der Molen (2001) concluded that registration and representation of physical objects (including 3D properties) on the object of Cadastral legal system is a useful extension for Cadastral 2D. In Indonesia, the rules underlying the administration of the current objects of 3D cadastre related to flats are: - UUPA authorized use of article 4 of the Land Rights - Law Number 16 of 1985 : about Flats, that will be replaced with the new law. - PP Number 4 of 1988 : Flats Unit Ownership Limits Spaces - Draft of Land act that will explain about space and water space data acquisition (3D cadastre) From a review of legislation and of the activity measurements it can be argued that the most ready and sustainably high-value to be implemented in Indonesia is: a hybrid approach. It helps the the measurement and mapping system of 2D-oriented cadastre in Indonesia. The change from 2D orientation to the orientation of the volume (3D) would incriminate stakeholders: BPN, users, developers, users, and relevant government agencies) in terms of TS05A - 3D and 4D Cadastre I, /15

4 complexity of data conversion, migration of cadastral registration system and the capacity of HR (human resources). Traditionally, Cadastral registration consists of a set of registration maps of 2D parcels containing a number of lists of unique parcels of books and records of land used for maintaining information on the properties of these parcels. Since 1997, BPN has gradually converted the cadastral registration from analog to digital. Spatial information of the parcels is managed with CAD. BPN RI already has a study to identify the objects related to space in Indonesia: 1. Bridge above road in Central Java Bridges are generally used as a liaison between the highways, but this bridge is being used to sell electronic devices such as mobile phones, etc. as well as a link to Mall Ciputra. Until now the bridge rights has not been registered to the Land Office of Semarang. 2. Utilization of space either above or below the ground surface for the Territory of South Sulawesi Province has become more complex. Utilization of space is for the flats and shops in several locations, while the utilization below ground level is for parking and basement. 3. Buildings on the water jutted far out to sea are widely available in various regions in Indonesia, such as on the island of Bintan. Its use is not only for the settlement, but also for shops, places of worship, hotels, restaurants, ocean villas, and more. Given the amount of land in trouble nationally (2810 land disputes) and the rapid development of the use of space above and below ground in the future as a result of regional growth, stylists manage data and three-dimensional spatial information needs to get priority. It is also very relevant to the agenda of Cadaster 2014, in which defining the urgency of setting cadastral models is no longer oriented to the spatial aspect ("mapping parcels of land") and keeping only their rights, but social functioning and aspects of planes and land use also need to be integrated in the cadastral data. In essence, all this is from the standpoint of modeling the spatial relationships between objects of individual parcels of land with the object generating the rights object class. While in the declaration, Bathrust by FIG in 1998 known as the "Cadaster 2014" [Kaufmann, J., & Steudler, D, 1998], the relationship between the object field with the consequences of the emergence of the individual also gives the right to object, object constraints (restrictions) and the object of accountability (responsibilities). Furthermore, in the context of Cadaster 2014, parcels of land and objects above and below the earth's surface associated parcels of land represent as three-dimensional spatial data (parcel volume, the volume of the object and right volumes). 3. A PROTOTYPE 3D cadastre system is related to measuring activities, recording and accounting of the rights and restrictions not only to parcels of land (which is 2D) but also for 3D property units [Stoter, J.E., and Oosterom, P.v, 2006]. 3D property unit is a limited space that can be owned by someone with a real right (real right). So in fact, traditional ground plane (in 2D) which is only used by one person, is also a 3D property units (although often not explicitly restricted). TS05A - 3D and 4D Cadastre I, /15

5 While the 3D property situation refers to a situation where among several different property units the location overlap with each other or there are also other, more complex structures. 3D property situation is also commonly associated with multilevel properties (stratified properties). In the situation of 3D properties, some users use a certain amount of space (volume) which is three-dimensionally bounded. This space is located above or below the space with the same basis and could also be in parcels of a different basis (meaning it could cut the 3D space parcel boundary). To be able to register 3D property situation in the Cadastral registration, the legal status of 3D situations should be interpreted in such a way that this situation can be registered in the Cadastral registration. Therefore, in order to be able to do 3D Cadastral registration required in addition to good technical framework, it also needs legal sufficient framework to model the existing rights of ownership in each of the 3D property unit which will be listed. 3.1 Object 3D We chose 2 locations of 3D objects in Yogyakarta, Indonesia : - Flyover in Janti Yogyakarta (the model of public infrastructure on the land space) as measured by Total Station (with and without reflector) and Distometer Images 1. Fly Over Janti, Yogyakarta, Indonesia - Mall Jogjatronik (Model flats) as measured by Total Station (with and without reflector) and Distometer TS05A - 3D and 4D Cadastre I, /15

6 Images 2. Mall Jogjatronik, Yogyakarta, Indonesia In waters space of 3D, pilot project was done at Bintan Island, Riau, Indonesia with objects: - Hotel Sea Jaya, City of Tanjung Pinang, as measured by ETS equipment, GPS, and echosounder. Image 3. Hotel Sea Jaya, City of Tanjung Pinang TS05A - 3D and 4D Cadastre I, /15

7 - Villa Sayang Resort Bintan, Bintan regency, as measured by ETS equipment, GPS, and Sticks probe (Sounding Pole). Image 4. Villa Sayang Resort Bintan, Bintan regency 3.2 Tools - Three dimensional (3D) s object is an object that is represented by the length, width, and height. Spatial data objects in three-dimensional are obtained from a measurement technique using the equipment in the work of mapping, in which there are points of detail which are defined in the coordinate system which in this project we use terrestrial 3D measurement methods based on : - Measurement of Nikon Total Station DTM 332 and equipment used for measurement Maps and detailed measurement framework. In the detailed measurements, it determined the position horizontally and vertically. The framework maps use polygon method, with measuring angles and distances as well as the azimuth of one side of the polygon or the method point determination with GPS devices. - Measurement of Reflectorless Total Station Leica TCR 805 and its equipment. - Measurement of Reflectorless Total Station South NTS 352R and its equipment. - Leica Disto Tape Classic Measurement is used for measuring the dimensions of the unit space (SRS) in order to verify, whether the length, width and height as well as diagonal space are possible. - Garmin 530 handheld GPS Rino 530HCx. GPS, is used for the determination of the coordinates of the point framework map; if objects around the 3D cadastre has no tie point in the form of TDT. - Direct distance measuring devices (measuring tape) is used for measuring distances directly; either on detailed measurements of the situation and on verification Blueprint / blueprint of the building. TS05A - 3D and 4D Cadastre I, /15

8 - GU/DI.107 Form B is used to record field data and field measurement data associated with the applicant and the existence of a 3D cadastre object. - The blueprint of the building is used to assist / guide in unit measurement verification of space. In this case the result will be attachment from GU. - Measurement of Polygons and Detail form. - Software AutoCAD Map Software ArcGIS - Google Earth software. Measurement procedure: - HAT Measurements is used to determine the boundaries of land rights (HAT) and the location of buildings on the field boundary. - Binding of the boundaries of HAT on Cadastral control points (TDT), as well as binding of the height of buildings on the high points of known height of MSL (height ortometris) or local height systems. - Measurements to verify the dimensions of each unit of floor space, including length, width, height and diagonal fields and space with reference to the blueprint. Verification activities and measurement procedures should be planned so that the building site can be entered into the map application. For the footprint measurement of buildings, critical infrastructure and utilities around the area of land, it would require the binding of the control points of Orde 3 or 4. Further verification of the plan needs to be done to: - Check the administrative completeness and accuracy of the space data and objects to the right mastery and its correlation at the time of submission of rights mastery. - Verify the plan into 3D GU - Prepare a 3D cadastre database In principle, measurement in waters space is also using the above procedure, but with the addition of depth measuring equipment (echosounder) and sea level observation (Pole Tide). The reference of height / depth plane also uses the MSL. 3.3 Data Visualization After detailed measurements of buildings are completed, the next stage is data processing and data presentation.. Data processing includes; data downloading, plotting and drawing. For software application we use Auto CAD Map 3D TS05A - 3D and 4D Cadastre I, /15

9 (a) (b) Image 5. Data visialization of Fly Over Janti Yogyakarta (a) and Mall Jogjatronik (b) in AutoCAD (a) (b) Image 6. Data visialization of Hotel Laut Jaya (a) and Sea Villa (b) in ArcGIS 3.4 Database 3D cadastral database model is built using software Postgre SQL PostGIS. There are six tables of Postgre default, default data indexing, and associated spatial reference. The five tables set up in accordance can be seen in the figure below: TS05A - 3D and 4D Cadastre I, /15

10 Image 7. The database is managed by a 3D cadastre model using Postgre SQL The prototype built is a web application (accessible via the browser) utilizing X3D format (3D vector graphics format for the web). Applications built utilize PHP as a scripting language and server, AJAX technology (Asynchronous Javascript and XML) supports the flexibility of interaction between the client (browser) and server (3D cadastral database PostGIS uses Postgre SQL). The prototype built has the ability to present: - 3D representation of fields and space as a whole and the field and selected space registran information (the individual entities related to the field and mapped space) and physical data information fields and buildings. - That the information of land rights can be burdensome (spaces bound to a field can have different types of rights with the reference plane and involve different registrans) 4. RECORDS TO BE SHOWN IN CERTIFICATES OF RIGHTS Like 2D certificate cadastre, there are some identities to be written in certificate (Land Number (NIB), Name of proprietaire, address, land history, etc). The 3D cadastre gives more detail of space number (NIR). In this protopye, we suggest the order number like this below : NIR = NIB + Building Number + Object Position + Object Number TS05A - 3D and 4D Cadastre I, /15

11 NIB = Land Number, as written in 2D cadastre (5 digits) NIR = Space Number Additional ID : - Building Number (2 digits) - Object Position (1 digit, underground 0, upperground 1 ) - Object Number in Building (2 digits) Land Surface Image 8. An example of space number In the certificate of rights, textual data is listed as well as spatial data. Textual data include ownership, type of right, historical data, registration process, number of identity, address, taxation and registration, while spatial data record parcel coordinates, thematic maps, land use, etc. Image 9. Spatial data record in ownership certificate 5. CHALLENGES TS05A - 3D and 4D Cadastre I, /15

12 V.1 Zero point and Vertical Datum It is essential to set the framework of vertical control of 3D object measurements above and below the ground and water to support the definition of the zero point of the building. In this case the selection is emphasized especially for urban areas where the development requirement of the vertical direction is very high. And this selection needs to be synchronized with the reference of vertical point needed by other relevant agencies like RAN, Dishidros, and PU. Based on the study that has been done, the MSL was chosen as the vertical datum to determine a height / depth of the 3D object space (above and below ground and the waters of space). In Indonesia, currently the MSL is also used as a vertical datum to indicate the height of the earth's surface on Indonesia s Map. Because the datum is determined from the measurement of sea level, consequently, we need to measure the territorial sea level that has not been done before (in Indonesia called TTG = Point of High Geodesy). Sea level observation for a month is recommended for this purpose. The impossible is that the information on height is different from the measurement done with GPS/GNSS. The zero point of the building which will be registered as an apartment unit building building needs to be agreed upon stipulation of the floor base of zero. Measurements using Geographic coordinates (lattitude/longitude and distance field) refers to the WGS 1984 datum. Binding to the point of tie Order 3 needs to take into account the factor of distance reduction and the correction of coordinate transformation. V.2 The depiction of space limits boundaries clearly in the 3D geometry - The object space is described in geographic coordinate of datum of 1984 WGS system and is equipped with a coordinate transformation functions to UTM/TM3. - A quality control is essential to ensure that the footprint of the building and object space are imaged and stored in the database, matched with the cadastral of exusting registered map. - Interoperability sintax and the scheme need to be emphasized in order to facilitate synchronization with the data spatial / regional government if necessary. V.3 With complete database, we can do other services to handle land disputes, such as : - Complaint and information of Land Disputes Services; - Assesment of Land Disputes; - Handling of Land Disputes; - Solving and mediation of Land Disputes; - Assesment and Legal Protection; V.4 Overlaping Rights Complexity problem comes when one parcel have already one rights (ex. Ownership rights or Management rights or use rights), and then they build an apartement. In the apartement, BPN gives a rights called ownership rights of apartement units. These unit rights (private rights) and parcel rights (colectif rights), can be used as collateral in banks. Then, the amount of collateral can be more excessive than the parcel value. TS05A - 3D and 4D Cadastre I, /15

13 REFERENCES (1985). Law of the Republic of Indonesia Number 6 year 1985 About the House Stacking (1988). Regulation of the Government of the Republic of Indonesia Number 4 Year 1988 onflats. Kaufmann, J., & Steudler, D. (1998). Cadastre 2014, A vision for a future cadastral system, FIG, July 1998.diakses: Molen, P. v. d. (2001). "Institutional Aspects of 3D Cadastres." International Workshop on 3D Cadastres, Delft, Stoter, J.E., and Oosterom, P.v. (2006). 3D Cadastre in an International Context (Legal, Organizational, and Technological Aspects). CRC Press. Stoter J. E And Hendrik D. Ploeger Property in 3D registration of multiple use of space: current practice in Holland and the need for a 3D cadastre. Netherlands : Department of Geodesy, Faculty of Civil Engineering and Geosciences, Delft University of Technology. Aditya, T., Subaryono, Waljiyanto, Istarno, Raharja, U., Diyono, Muryamto, R Understanding the Urgency for 3D Cadastre in Indonesia: Development & Visualization of a Hybrid 3D Cadastre Model. South East Asian Survey Congress, August , Bali. Julstad, B., and Ericsson, A. (2001). Properti formation and three-dimensional properti unit in Sweden, Proceedings International Workshop on 3D Cadastre, Federation International de Géomètres (FIG). BIOGRAPHICAL NOTES Deni Santo is currently working for the National Land Agency, Republic of Indonesia. He was assigned to develop the land service system, particularly for land tenure and land registration. Since 2006, he has given attention to studies, pilot projects and policy formulation for 3-D Cadastre that relate to the use of space above / below the land surface and marine use. He completed a bachelor degree from the Bandung Institute of Technology (ITB) in Geomatic Engineering and obtained his master's degree from the Bogor Agricultural University (IPB) in Natural Resources Management Sri Karina completed her Master Degree from La Rochelle University, France, majoring Environment and Coastal areas. She is currently working at Center of Land Data and Information, National land Agency. Her passion is to built an e-gouvenrnace in spatial data of Indonesia with theme : One map, one solution. She is now searching scholarship or fellowship to continue her PhD in Marine Cadastre TS05A - 3D and 4D Cadastre I, /15

14 Eka Djunarsjah is Head of the Study Programme of Geodesy and Geomatic Engineering at Institute of Technology Bandung, Indonesia, where he is Associate Professor in Hydrography. He is a member of the Indonesian Hydrographic Society (MHI), Indonesian Associate Surveyor (ISI), and Indonesian Remote Sensing Society. His teaching and research interests are in the area of water boundaries, technical aspect of the law of the sea, and marine cadastre. Another research area is within delimitation of sea boundaries problem-based and collaboration research and professional practice with government institutions. He has consulted and published articles widely within these topics. Trias Aditya is currently the Head of Research Center for Spatial Data Infrastructure Development of UGM. He is Assistant Professor at: the Department of Geodetic Engineering, Gadjah Mada University (UGM), Indonesia. He completed his MSc and PhD degrees in Geoinformatics from ITC, the Netherlands. His research interests include interoperable LIS/GIS and Geovisualization and his latest research projects are 3D Cadastre, Collaborative Spatial Data Infrastructure and Public Participation in Urban Disaster Risk Reduction. CONTACTS DENI SANTO, ST Land Boundaries Survey Departement Land Tenure and Land Registration Jl. Sisingamangaraja No.2 Kebayoran Baru Jakarta Selatan, INDONESIA Phone : Fax : denisanto@yahoo.com Website : Sri Karina, ST, DEA Center of Land Data and Information National Land Agency Jl. Sisingamangaraja No.2 Kebayoran Baru Jakarta Selatan, INDONESIA Phone : Fax : sri.karina@yahoo.fr Website : Dr. EKA DJUNARSJAH, MT Study Programme of Geodesy and Geomatics Engineering Faculty of Earth Scince and Tehnology Institute Technology of Bandung Jl. Ganesha No. 10 TS05A - 3D and 4D Cadastre I, /15

15 Bandung, INDONESIA Phone : Fax: ekadj@gd.itb.ac.id Website: Dr. TRIAS ADITYA Department of Geodesy and Geomatics Engineering / Center for Spatial Data Infrastructure Development Faculty of Engineering Jl. Grafika No. 2 Yogyakarta INDONESIA Phone : Fax: triasaditya@ugm.ac.id Website: TS05A - 3D and 4D Cadastre I, /15