PCC conference Tällberg Aspects on development cooperation
PCC conference Tällberg WHO I AM Anders Åberg, Project Leader Posted over seas 10 years Tanzania 1978 1980 Vietnam 1987 1990 Laos 2004 2008 Now working with a partner driven development project between, Badan Pertanahan Nasional, BPN, the Indonesian Land Agency and Lantmäteriet
1. General information on Indonesia 2. Land Administration present situation 3. Partnership for development 4. Trends in Land Administration Projects
Central Intelligence Agency https://www.cia.gov/library/publicati ons/the-world-factbook/geos/id.html
240,271,522 (July 2009) 4th biggest Country Indonesia is a large archipelagic country of more than 17000 islands - about 6,000 are inhabited. Sumatera, Kalimantan, Java, Sulawesi, and West Papua. Area 9.8 million km2 Land mass of 1.9 million km2 (20 % of total)
Critical problems facing Indonesia poverty unemployment, inequality in income distribution, land disputes/conflicts appr. 34.9 million (15.4%) below the poverty line of these, about 66 percent live in rural areas agricultural sector employs 56% of rural dwellers Land less are particularly poor 50 % of agricultural households cultivate less than 0.5 hectares.
Institutional Partnership for Strengthening Land Administration (IPSLA) Badan Pertanahan Nasional, BPN is the Indonesian National Land Agency BPN has broader responsibility compared to Lantmäteriet - manager of state land - valuation - licensing of notaries - national land use planning/ food security 18/12/2009 IPSLA 7
BPN objectives for improving Land Administration 1. Amendments in the Legal Framework of land and real property laws that regulate the rights and obligations of the individuals and take into consideration the concerns of the community. 2. Institutional development and capacity building fostering effective Public Institutions that cooperate and provide good services. 3. Strengthening the technical infrastructure disseminating land administration information. Anders Åberg, Team Leader, Lantmäteriet 18/12/2009 IPSLA 9
BPN Head Office, 32 Provincial Offices, 420 local offices Local Land Offices base on the Regent and the Cities. 22732 employees and need more 13.000. 50 local land offices have been computerized by Land Office Computerization Project funded by the Spanish Goverment. World Bank projects on systematic land registration
IPSLA:s Components Exchange of Knowledge and Experiences Land Valuation Legalize Computerized Land Records Informal Settlements Cross cutting: - Legal development -GIS
http://www.doingbusiness.org/ Business project... provides objective measures of business regulations and their enforcement across 183 economies and selected cities at the sub-national and regional level. Learn more... Historical Data Home Rankings Downloads Reformers Methodology & Research Subnational Projects Business Laws Gender Laws Local Partners Media
Indonesia From Doing Business Income category: Lower middle income Population: 228,248,538 GNI per capita (US$): 2,007.28 Ease of... 2010 2009 Change in Chan rank rank 1. Doing Business 122 129 7 2. Starting a Business 161 173 12 3. Construction Permits 61 57-4 4. Employing Workers 149 150 1 5. Registering Property 95 110 15 6. Getting Credit 113 109-4 7. Protecting Investors 41 53 12 8. Paying Taxes 126 119-7 9. Trading Across Borders 45 40-5 10. Enforcing Contracts 146 142-4 11, Closing a Business 142 141-1
Registering Property The ease with which businesses can secure rights in property. Included are the number of steps, time, and cost involved in registering property. Indonesia East Asia OECD Sweden Procedures 6 5.0 4.7 2 Time, days 22 97.5 25.0 15 Cost % of prop. value 10.7 3.9 4.6 3.0
LEGAL DEVELOPMENT Dutch law existed parallel with customary laws Since independence the Basic Agrarian Law. BAL (1960) has been the fundamental land legislation never changed The Indonesian land legislation consists of regulations and decrees, either from Presidential, Governmental or different local levels 582 legal documents 12 laws, 48 gov. regulations, 22 presidential decrees, 4 presidential instructions, 243 regulation BPN, 209 circular letters BPN, 44 instructions BPN Later legislation on forestry and mining land, mortgages and notaries Forestry land is managed by the Ministry of Forest ADB project on legal reforms
Rights to Land in BAL Haj milik Hak guna usaha Hak guna bangunan Hak pakai Hak sewa Hak membuka tanah Hak memungut hasil hutan = right of owner ship = right of exploitation (utilisation) = right of building = right to use = right to lease = right to open-up new land = right to collect forest products
Land and cadastral registration Duties of BPN Surveying mapping and recording of land Registration of rights and transfer of those rights Issuing of certificates on land titles Land deed officials position. Regulation government regulation PP no 24/1997
Land registered
ARCHIVING After the election in October a 5-year plan shall be presented within 100 days This plan include a modern archive system The tsunami disaster destroyed the Aceh Arive 60 000 registered parcels was destroyed Fire in central Java destroyed records on 160 000 parcels A digital Archive is now high priority
Kanta Kap Bandung - Archive
Management Advises In order to contribute to the economic development in Indonesia efficient service needs to be provided including; Legal security and efficient procedures for handling of title mortgaging Low costs and easy procedures, one stop shop Efficient support to and cooperation with other Public Authorities like DGT Easy access to basic information for clients in the private sector by e services, 24 hours a day Hans-Erik Wiberg, Managing Director, Swedesurvey
Cooperation DGT (tax authority) and BPN DGT has captured 80% of the real properties in Indonesia BPN has captured 30% of which 20% is of good quality BPN s data is supposed to be more accurate Gov. decision on decentralization to Local Authorities
Cooperation DGT and BPN enhancing the real property market Tax on land registration limits property registration, slows down the growth of the market Property taxation should be based on market values The legal system including taxation regulations, should enhance that real prices is noted in all transfer documents A transparent property market improves security for all stakeholders in the private and public sector True market prices expands mortgage credits
Trends in Land Administration Development Projects Based on FIG monthly article of Keith Clifford Bell, World Bank Impact from Millennium Development Goals Indonesia: Land Management and Policy Development Project
World Bank Evolution of L.A. projects 1 st Phase 1980 1995 1. First registration 2. Capacity building 3. Limited policy & institutional reforms 2nd Phase 1995-2000 1. Firs registration 2. Institution & Policy reform 3. Capacity building 4. Some computerization for records 5. GIS and basic Information Communication 6. Service delivery 7. Valuation
World Bank Evolution of L.A. projects 3 rd Phase 2000-2006 1. First registration 2. Capacity building 3. Institutional & policy reform 4. Policy & institution reforms 5. Improved ICT, some computerization of records, GIS, data capture, GPS & NSDI 6. Service delivery 7. Valuation and taxation 8. Land management 9. Good Governance 10. Disaster response
World Bank Evolution of L.A. projects 4 th phase 2006- present 1. First registration 2. Capacity building 3. Institutional & policy reform 4. Policy & institution reforms 5. Improved ICT, computerization of records, GIS, data capture, web-based applications, GPS/CORS, NSDI, integration of ICT 6. Service delivery 7. Valuation and taxation 8. Land management 9. Good Governance & civil service reforms 10. Disaster response
Phase in LA Need for a single LA Agency Around 2000 corruption & accountability Civil society and NGO Need to develop a critical mass A.A.P. NSDI government coordination Over-engineering spatial Accuracy GIS and Internet applications Overly dependent on new technologies as GPS and CORS?
Cadastral survey and land registration options Demand: Provide a formal land market Method: 1. Demarcation and survey of the perimeter of the area 2. Numbering of houses in the area 3. Transfer of information to a central computer system Achievement: Security of tenure for houses provided. Transactions are safe and reliable. Authorities have access to information which will facilitate management of public services and collection of fees. Parcel boundaries are left to the inhabitants to agree on. Unsuitable plots can be left for coming upgrading projects.