Guiding Principles:
Land Tenure in Development Cooperation

gtz_s.gif (1630 Byte)

Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

National Land Agency BPN - Republic of Indonesia (1995):
International Workshop on the Implementation of Rural Land Consolidation

3. Keynote Address presented on the Occasion of the Opening of the Indonesian-German Seminar on Rural Land Consolidation

by H.E. Ir. Soni Harsono State Minister of Agrarian Affairs Head of National Land Agency Republic of Indonesia

 

His Excellency the Ambassador of the Federal Republic of Germany to Indonesia,

Distinguished participants of the Indonesian-German Seminar on Rural Land Consolidation,

Ladies and Gentlemen,

Assalamu'alaikum warahmatullaahi wabarakaatuh.

First of all, let us pray to the Almighty God that by His Grace and Mercifulness we can come together in this beautiful place to attend the opening and to participate in the Indonesian-German Seminar on Rural Land Consolidation.

It certainly gives me great privilege and honour to address and welcome you to this Indonesian-German Seminar on Rural Land Consolidation This seminar is organized jointly by the Deutsche Gesellschaft fuer Technische Zusammenarbeit (GTZ) and the Office of State Minister of Agrarian Affairs/Head of National Land Agency (BPN) in the framework of technical cooperation between the Federal Republic of Germany and the Republic of Indonesia.

GTZ-BPN technical cooperation has started since 1991/1992 fiscal year with the implementation of LUPAM (Land Use Planning and Mapping) Project. The implementation of this seminar--and its related preparatory phases and follow-on activities, which is based on the Memorandum of Understanding dated September 30, 1993--has a special meaning signifying the extension of the scope of cooperation. If the scope of previous technical assistance was limited to the field of land use planning, the present cooperative efforts shall incorporate also activities related to land tenure arrangement and re-arrangement, particularly in the field of land consolidation.

For that reason, allow me on this occasion to extend. my sincerest gratitude and appreciation to the Government of the Federal Republic of Germany for this prominent and beneficial cooperation. I hope that different aspects of planning and implementation of rural land consolidation, comprising legal arrangements, institutional and organizational set-up, promotion of people's participation, and management procedures, will be intensively discussed in this seminar. In this relation, experiences of more than 100 years of land consolidation implementation in Germany will certainly contribute to the improvement of the implementation of land consolidation in Indonesia.

Being one of the technique for the arrangement and re-arrangement of land tenure and land use, rural land consolidation has increasing importance in Indonesia. The re-arrangement of land use. and land tenure in rural areas, which are basically agricultural in character, is of the utmost importance in the present stage of our development efforts.

Notwithstanding the success of the family planning program, there is still increasing number of population which necessitates us to create more employment opportunities for the expanding work force; while not all of them can be absorbed in the agriculture sector. The option is, therefore, to create more non-agricultural employment opportunities, especially, in manufacturing industry and services. It means that more rural and agricultural lands have to be converted to non agricultural uses. The problem is that there have to be some concrete and conceptual measures to preserve fertile and potential agriculture producing areas from uncontrollable industrial expansion and or urban encroachment. One of the solutions to this problem is the implementation of land consolidation.

In the Indonesian context, rural land consolidation or the re-arrangement of legal status and physical use of lands in the rural areas, is to be directed I towards the achievement of five objectives. And those are:

First, the provision of land for the construction of basic economic , infrastructure and facilities needed for the development of rural and agricultural areas in question, as well as the neighbouring urban areas to facilitate the provision of services necessary for the surrounding rural and agricultural areas;

Second, the intensification of the use of lands already designated for development of agriculture production corresponding to the existing local and regional spatial plan;

Third, the drive towards the promotion of people's participation, especially the active involvement of land consolidation participants in the process of preparation, planning, implementation and control of the project, as well as maintenance of infrastructure constructed for their direct benefits;

Fourth, land consolidation should be implemented in the framework of the development of economic well-being of the community;

Fifth, in the process of accomplishing those objectives, re-arrangement land tenure and ownership shall be simultaneously carried out to substantiate legal security of land rights belonging to the landowners or project participants.

Ladies and gentlemen,

This year is year of the commemoration of the 50th Anniversary, or the Golden Anniversary, of Indonesian Independence. And last September the 24th we celebrated the 35th anniversary of the enactment of the Basic Agrarian Law, the law that laid the basic foundations of the Indonesian National Land Policy. In view of those two events I consider this workshop is conducted at just right me.

During the timespan of 50 years of Indonesia Independence, especially during the last 25 years, there were considerable activities related to the arrangement and re-arrangement of land tenure and land use. The implementation of transmigration programs; the NES (Nucleus Estate and Smallholders) development projects; land development for cultivation; projects for the rejuvenation, rehabilitation, and area extension for the irrigate rice cultivation of commercial-, industrial-, or export-commodities (PRPTE); and other

large-scale agricultural and rural settlements project; were basically consisting of activities directed for the re-arrangement of land use land tenure system.

The first stages of their development, especially the implementation of transmigration programs, were mostly carried out on state lands, since there were extensive areas still available for such kind of land development. Subsequently the development of the NES projects, PRPTE, land development for irrigated rice cultivation on areas outside Java, were carried out on lands that had been cultivated previously by individuals or rural community.

Based on those experiences, I consider the techniques of land consolidation should be applied in to the future improvement of the implementation of such land development activities.

For that purpose, the following substances are to be furtherly elaborated in this seminar:

  1. Provision or preparation of necessary basic map for the accurate inventory the subject and object of land consolidation
  2. Inter-agency coordination in the preparatory phase, and in the planning and implementation of different function under the responsibility of several bodies and institutions. Coordination in the maintenance of infrastructure in the post-project situation should also be considered.
  3. Extension works or public relations are required for the successful implementation of land consolidation.
  4. Accurate subject identification is necessary to minimize possible claims related to granting of land titles.
  5. Surveying and mapping of parcels in the pre-project condition should be accurately carried out, since the physical re-arrangement and equitable allocation of the consolidated parcels will be based on the outcome of such activities.
  6. Preservation of local tradition or cultural heritage should be taken into consideration in the implementation of rural land consolidation, since it is universally acknowledged that most traditions and culture are rural-based.
  7. The control environmental impact from agricultural activities related to the use of chemical fertilizers, insecticides, and pesticides, should be incorporated in the design of rural land consolidation.
  8. The role of participants association in the preparation, planning and implementation of land consolidation as well as in the maintenance of the results.
  9. Land productivity valuation is fundamental in the implementation of , rural land consolidation since parcels allocation is based on the productive capacity of the land, not especially on the increase in land value.
  10. Different physiography or land configuration should be taken into account in the replotting design of land parcels, for the consideration of possible land degradation due to erosion.
  11. Procedures for the deliberations to obtain consent of or to arrive at common consensus from project participants.
  12. Infrastructure construction and the methods of maintenance should become an integrated part of a rural land consolidation plan, to ensure the quality of workmanship and continuous service.
  13. Education and training programs are prerequisites to support better implementation of land consolidation.
  14. Sectoral development activities are needed to support the social and economic development aspect of land consolidation.
  15. Since land survey and registration is one of the prerequisites for the successful implementation of land consolidation, the systematic land registration being carried out by the Land Administration Project will facilitate better implementation of land consolidation in the future.
  16. Procedures for land consolidation implementation should be incorporated in the planned Land Office computerization.
  17. Promotion of self-help activities characterizing the "gotong-royong" community support the continuation of the effectiveness of land consolidation implementation.

Ladies and gentlemen,

Those are among the topics that need further discussions or deliberations in this seminar.

By praying for the Grace of the Merciful and Almighty God, allow me to officially declare the opening of this seminar.

Wabillahittaufiq wal hidayah. Wassalamu'alaikum warahmatullaahi wabarakaatuh.

Thank you.

Ciloto, October 4, 1995
State Minister for Agrarian Affairs
Head of National Land Agency

Ir. Soni Harsono