- With the final text of the Bill on Job Creation already submitted to the Indonesian President, the government now has approximately three months in which to establish around 40 implementing regulations for this huge new legal framework.
- The Minister of Agrarian Affairs and Spatial Planning/National Land Agency (Agraria dan Tata Ruang/Badan Pertanahan Nasional – “ATR/BPN”), Sofyan Djalil, stated recently that the Ministry of ATR/BPN was planning to issue at least five implementing regulations for the Bill on Job Creation over the next two months. These new implementing regulations will specifically address the following matters: 1) Spatial planning, including efforts to ease investment requirements and prevent corruption; 2) Land procurement in the public interest, including the acceleration of land-procurement processes; 3) Provisions on abandoned land; 4) Land banks, which will involve the conversion of areas of abandoned land into state land that will subsequently be rented to investors as incentives; and 5) Land rights, including greater legal certainty and efforts to prevent the formation of any land mafia.
- However, Dewi Kartika, Secretary-General of the Agrarian Reform Consortium, recently declared that the Bill on Job Creation violates Indonesia’s constitution since it encourages the liberalization of the country’s agrarian resources and turns certain areas of land into commodities which can be bought and sold. Furthermore, Mrs. Kartika has drawn attention to the fact that the Bill on Job Creation also revives the domein verklaring principle, which has the potential to lead to agrarian problems and conflicts.
- For more on this story, see Hukumonline: “Siapkan 5 Peraturan Pelaksana UU Cipta Kerja, Kementerian ATR/BPN Minta Masukan Masyarakat”.
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