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Rabu, November 9, 2022

Current State of Forthcoming Draft Regulation on the Accelerated Implementation of Agrarian Reform Criticized

Land and Property

The Secretary-General for the Indonesian Agrarian Reform Consortium, Dewi Kartika (“Secretary-General”) has criticized the ongoing process of agrarian reform (“Reform”).
The Indonesian Government is currently in the process of preparing Draft Regulation of the President on the Accelerated Implementation of Agrarian Reform (“Draft Regulation”), which is set to repeal and replace Regulation of the President No. 86 of 2018 on Agrarian Reform, as well as Regulation of the President No. 88 of 2017 on the Settlement of Land Tenure in Forest Areas, if it ultimately comes into force.
However, the Secretary-General for the Indonesian Agrarian Reform Consortium(“Secretary-General”), Dewi Kartika, has criticized the narrow definition of agrarian reform (“Reform”) that is currently being promoted by the Indonesian Government, specifically by the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency, and which is also embodied in the Draft Regulation.
According to the Secretary-General, the current conception of Reform focuses on regular land certification (“Certification”), which is only a basic administrative activity that land owners can undertake in relation to land. In this regard, Certification cannot really be classified as an attempt to improve the ever-increasing structural agrarian inequalities that persist among parties who possess no lands and who are currently engaged in land disputes.
Furthermore, the Secretary-General also believes that Certification cannot be classified as any restoration of the rights of victims of land seizures, as originally mandated under the Reform process, due to the fact that asset legalizations that are finalized through Complete Systematic Land Registrations (Pendaftaran Tanah Sistematis Lengkap – “PTSL”) merely represent a tertiary or complementary phase in the overall Reform process.
The Secretary-General has also drawn attention to several matters that she believes must be improved regarding the current state of Reform and the Draft Regulation, specifically: 1) Termination of the current asset reform and access reform approach, which through the drafting of the Draft Regulation defines Indonesia as a state that is characterized by land-market liberalization processes; 2) Provision of improved details relating to the priority subjects of the Reform process and a review of the authority of the Coordinating Minister for Economic Affairs to determine the parties that are deemed eligible to become the priority subjects of Reform, which creates the potential for conflicts of interest to emerge under the Draft Regulation.
Ultimately, the Secretary-General is urging the drafting process of the Draft Regulation to be brought into line with the country’s 1945 Constitution and Law No. 5 of 1960 on Basic Agrarian Provisions.
For more on this story, see Hukumonline: “Sejumlah Catatan KPA Atas Rancangan Perpres Reforma Agraria”.

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The Secretary-General for the Indonesian Agrarian Reform Consortium, Dewi Kartika (“Secretary-General”) has criticized the ongoing process of agrarian reform (“Reform”).
The Indonesian Government is currently in the process of preparing Draft Regulation of the President on the Accelerated Implementation of Agrarian Reform (“Draft Regulation”), which is set to repeal and replace Regulation of the President No. 86 of 2018 on Agrarian Reform, as well as Regulation of the President No. 88 of 2017 on the Settlement of Land Tenure in Forest Areas, if it ultimately comes into force.
However, the Secretary-General for the Indonesian Agrarian Reform Consortium(“Secretary-General”), Dewi Kartika, has criticized the narrow definition of agrarian reform (“Reform”) that is currently being promoted by the Indonesian Government, specifically by the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency, and which is also embodied in the Draft Regulation.
According to the Secretary-General, the current conception of Reform focuses on regular land certification (“Certification”), which is only a basic administrative activity that land owners can undertake in relation to land. In this regard, Certification cannot really be classified as an attempt to improve the ever-increasing structural agrarian inequalities that persist among parties who possess no lands and who are currently engaged in land disputes.
Furthermore, the Secretary-General also believes that Certification cannot be classified as any restoration of the rights of victims of land seizures, as originally mandated under the Reform process, due to the fact that asset legalizations that are finalized through Complete Systematic Land Registrations (Pendaftaran Tanah Sistematis Lengkap – “PTSL”) merely represent a tertiary or complementary phase in the overall Reform process.
The Secretary-General has also drawn attention to several matters that she believes must be improved regarding the current state of Reform and the Draft Regulation, specifically: 1) Termination of the current asset reform and access reform approach, which through the drafting of the Draft Regulation defines Indonesia as a state that is characterized by land-market liberalization processes; 2) Provision of improved details relating to the priority subjects of the Reform process and a review of the authority of the Coordinating Minister for Economic Affairs to determine the parties that are deemed eligible to become the priority subjects of Reform, which creates the potential for conflicts of interest to emerge under the Draft Regulation.
Ultimately, the Secretary-General is urging the drafting process of the Draft Regulation to be brought into line with the country’s 1945 Constitution and Law No. 5 of 1960 on Basic Agrarian Provisions.
For more on this story, see Hukumonline: “Sejumlah Catatan KPA Atas Rancangan Perpres Reforma Agraria”.

......

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Semua Fitur Paket Professional
Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

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per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

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Indonesian Legal Brief (ILB)
Daily Updates
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Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

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