4 Analysis of land tenure security 4.

1 Recent country efforts in improving land tenure security There have been many efforts applied in improving land tenure in lndonesia since the BAL 1960 was introduced. These efforts were very much related to infrastruc tural development of the land tenure system, particularly, in,regulations, insti tutions, and implementation. But in recent times, these efforts have been shifte d to a strengthening of the established system which may come both from the lnd onesian Government and from foreign involvement. 4.1.1 Internal efforts Current internal efforts in improving, land tenure security have been carried ou t by the Indonesian Goverment throught the BPN. These efforts include various as pects, such as a reforming of national land policy, reforming the organization o f BPN and its bureaucracy, developing land administration and services infrastru cture, improving land servicw and the administration process, as well as land di spute and conflict resolution ( Winoto,2009). The country's efforts on tenure se curity improvement for spesific cases as slum areashave been also considered 4.1.1.1 Land policy refom With regard to the land policy reform, recent effortsareaimed to document ratifi cation and improvement of land policy. Document ratification is proposed mainly as a concern on, the improvement of BPN as the legal institution dealing with la nd related activities. It is clarified in the Presidential Decree/Kepores 10/200 6 and made a legal basis of BPN institutional development. Meanwhile, efforts in land, policy are beingdone through the preparation of land related laws such as adraft academic manuscript on the Land Law ( RUU Pertanahan ), a preparation of a draft on the Land ( Tanah Terlantar ), and a draft Goverment Regulation on Ta riff for State Non Tax Revenue ( PP 46/2002 ) 4.1.1.2 Institutional reform It is commonly known that BPN is the only legal institution in tndonesia. that h as rights inissuing documents on land related matters. This 'moonopoly' may lead to a negative perception by society of this institution. Many critical cases ha ve been reported concerning the process and services provided by BPN and most of them discourage its existence. At the, same time, the position of BPN at a loca l level is somehow overlapping with local institutions since the local autonomy policy under UU 22/1999 was pronounced.Responding to these matters, BPN has star ted a bureaucratic reform since 2006 which is regulated in the Presidential Decr ee/Keppres 10/2006. Some major changes are: merging units and developing two new units (Deputy of Land Survey and Mapping and Deputy of Land Dispute Resolution and Management), implementing a reward and punishment system to enhance staff pe rformance and avoiding corruption, and implementing a new promotion, and impleme nting a new promotion System to more transparant and accountable 4.1.1.3 lnfrastructure development To enhance the tasks of land administration and document service delivery, BPN h as carried out activities by improving its software and hardware requirements, developing a detailed base map to support land administration and agrarian-reform, digitalizing ll milion,o ut of B0 million land parcels into vector based maps, providing mobile services for land registra tion, and developing automatic information services in each,Land Office at the local level . 4.1.1.4 lmprovement of land services and administration processes Many studies reported that procesess of land administration in indonesia are com

plicaied, time consuming, expensive, and involved unofficial payments. To elimin ate this negative image, efforts have been made through two strict approaches, i .e : (i) a procedure rearrangement and its simplification, and (ii) opportunitie s limitation for brokerage systenn (Winoto, 2009). Procedure rearrangements and simplification is done by the publication of internal and external Standard Oper ations and Procedures for Land Solution (standard Operasi dan Prosedur Penyelesa ian/SOPP). Through this standard announcement,the public is informed about prope r procedures, their duration, and the price of land services. Strict regulation on land services as stipulated in the Agrarian Ministerial Regulalion/Permen Neg ara Agraria 6/2008 states that land services provided must not exceed 15 working days for their implementation. Opportunity limitations should be achieved by se veral activities such as setting up mobile land services, impleenting mass, lega lization of private assers through some projects ( National Project/Prona, Local Project/Proda, Community Empowerment on Land Management Project/Manajemen Perta naha Berbasis Masyarakat-MOBM carried out in Central Java, Reconstruction of Ace h Land Administration System/RALAS, Adjuducation and mobile land registration/LA RISITA), developing Land Information System/LIS, and reducing the direct invovve ment of the staff in dealing with land administration process to prevent rent se eking or informal fees.During its implementation, the number of published land c ertificates has been significantly increased by almost triling from 2005 to 2008 . In 2006, published land certificates were increased by 46% as compared to 2005 . Ehile from 2006 to 2007, the increment shows more than 50%. This improvement h as also directly influenced state revenue swithin the non-tax category. From 200 6 to 2008, state revenue from land services has increased bu more than IDR 141 b ilion or about 6%. While state revenue from this service is targeted for IDR 13 50 bilion in 2009 or almost triple as compared in 2006. 4.1.1.5 Specific programs Specific programs are purposed to describe the improvement of tenure security in slum areas. This issue is aimed to show that lndonesia Goverment has given spec ific attention to this issue. Slum areas are normally found in some of the big c ities, such as Jakarta, Surabaya,Medan, Bandung, Yogyakarta, and Semarang. lniti ally, slum upgrading was initiated by the Jakarta Governmentin 1972 through a pr ogram called Kampoeng lmprovement Program/KIP. This program later on was adopted by the lndonesian Government for several big cities.This program covers physica l conditions of the house and its environrnent, such as roads,sanitation, and dr ainage.During its application, KLP has upgraded more than 85,000 ha of slum area s and helped more than 36 million people within almost 2.000 locations in severa l towns and cities in indonesia (UN Sustainable Development, 2OO4). Due to the i ntention of empowering the communities, since 1994 KIP was broadened into an Urb an Environmental Upgrading Program with more involvement of community and reduce d government intervention. Along with the decentralization process, now a days, this program has fully shifted its responsibility to the local government.

5" Conclusions indonesia is the biggest archipelago country in the.world With a Very unique lan d tenure system. Colonized by the Dutch for more than 300 years,Indonesian uniqu e land tenure system.cannot be detached from its historical development. During this period is land tenure was mainly purposed to accommodate the colonial inter est and neglect the local,lndonesian system. Even after independence, a dualisti c system applied by the Dutch was still working in this country until the introd uction of the BAL 5/1960 was not purely developed from the local indigenous syst 6m but rather to the adoption of the previous Dutch system. Due to this backgrou nd, a double identification of land is often found and as the consequence, land re-claims from different parties which may lead to the land conflicts and disput es has commonly occurred in some regions.