BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY INDONESIAN EXPERIENCE IN THE RESTORATION OF LAND TENURE SYSTEM IN THE POST-TSUNAMI ACEH Joyo Winoto, Ph.D Head of Indonesian National Land Agency

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY Impacts of Tsunami in Aceh  Over home destroyed  Over people displaced  Over people were killed  Over people were still missing And, land archive destroyed and missing

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY Conditions of Land Tenure and Land Administration No Subjects (Owners / Legacy) Objects (Land Parcels) Ownership Documents Possibility Process (Land Rights Reconstruction) 1Exist Can be processed (ideal) and certificate can be issued 2Exist NE (Not Exist) Can be processed and certificate can be issued 3NEExist Unknown land owners, the issuance of certificate cannot be issued, land Inventoried and managed by Baitul Maal or Property and Heritage Agency (Balai Harta Peninggalan / BHP). 4Exist NE Unknown land owners, the issuance of certificate cannot be issued, land Inventoried and managed by Baitul Maal or Property and Heritage Agency (Balai Harta Peninggalan / BHP). 5ExistNEExist Categorized as abolishe land, process: followed up by BRR / Local Govt into relocation program 6ExistNE Categorized as land abolished, process: followed up by BRR / Local Govt into relocation program 7NE Exist Unknown land owners, Categorized as land abolished, Cannot be processed 8NE Unknown land owners, Categorized as land abolished, Cannot be processed

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY The Government Response 1.Emergency Relief Phase. May 2005, Indonesian government declared that the emergency relief phase was over and it was time to fully focus on the huge task of rebuilding lives and infrastructure. 2.Rehabilitation and Reconstruction Phase. Government rapid respond to reconstructions and rehabilitation of land tenure system

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY THE POLICY AND STRATEGY OF LAND TENURE’S RESTORATION 1.Transfer of land ownership/right prohibited 2.Digital of Land Records reproduced 3.Abolished Land recovered 4.Land Right for their “Unknown Owner” managed 5.Property Tax exempted 6.Land Rights reconstructed 7.State Budget & Grant Allocated

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY STAGES IN RECONSTRUCTION AND REHABILITATIONS OF LAND ADMINISTRATION AND MANAGEMENT 1.In September 2005 until May 2006, 200 NLA mobilized staffs (surveyors and administration staffs) were placed in Banda Aceh and Aceh Besar, to support the reconstruction program. 2.In September 2006, 480 NLA mobilized staffs were located in 9 Kabupaten (district) in NAD. 3.In September 2008, 242 NLA mobilized staffs were placed in 13 Kabupaten/Kota (district/Cities) Offices in NAD. By the end of December 2008, they have adjudicated land parcels or about 58% from the target of 110,000 land parcels.

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY OBJECTIVES THE RESTORATION OF LAND TENURE Reconstruction of land boundaries by identifying and rebuilding the land boundaries closed to the conditions before tsunami. Reconstruction of land rights by issuing certificates for registered and not registered land parcels.

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY In the last three years, the results of the reconstruction are as follows: 3 offices have been re-built (Local Land Offices - LLO in Kab. Aceh Jaya, Kab. Gayo Luwes, dan Kota Sabang). 3 offices have been renovated (including Kanwil/ Provincial Land Office NLA NAD) Some office equipments have been reinstalled: 143 units computers, servers, printers, etc Surveying equipments have been provided: 33 sets Total Station, 6 sets GPS receiver geodetic type, 9 units handheld GPS, including softwares 21 units of operational cars and 200 unit of operational motorcycles have been provided.

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY THE NEW LAW FOR RECONSTRUCTION OF ACEH LAND ADMINISTRATION & MANAGEMENT Law number 48 year 2007 regarding handling legal issue in the framework of the implementation of rehabilitation and reconstruction areas and people living In Aceh Province and Nias islands North Sumatera Specific issues in the law are: 1.Tax exemption for Land registration 2.Simplicity evidence of bank deposit 3.Prohibition for PPAT/Notaries for transfering of right before juridical and physical data clearly 4.Arrangement of Baitul Mal for the Moslem properties and “Balai Harta Peninggalan” for non-Moslems 5.Relocation for tsunami victims

BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA INDONESIAN NATIONAL LAND AGENCY