Basic Agrarian Law No.

5/1960 (an Umbrella )

Coordinating Agrarian Sectoron Land, Mining, Forest, Agriculture, Coastal and Marine

Agrarian Reform Regulation (sharing crops, ceiling, landreform, Land Reform Court)

National Land Use Planing

Land Reform Interrupted by Soehartos regime Basic Agrarian Law 1960 is freezed and misused

Agrarian sectoral law endorsed and BAL is not reffered

Rural development and agriculture is not prioritized Pay the national loan with exporting of natural resources Developmenta is implemented and financed from national loan

Agrarian conflict land grabbing by state own enterprises and private company Poverty in rurall, Migrant worker, Slum area Distrust of politic

Neo liberal economy systems

agrarian reform become political issue Liberal democratization Liberal economy on bank, finance, mining, land,

Injustice Agrarian structure is exist

REFORMASI

Forest Law No.41/1999

Forest Zone (69% of land in Indonesia claimed as forest)

Mineral, Coal, Oil and Gas Mining

Non Forest Zone (31% of Land)

Conservation and Protection Zone

Production Forest Zone

Basic Agrarian Law 1960

Giant concession on land to the forest company for 100 years.

Conflict with peasants, indigenous people, threat to wild animal etc. Only 12.4 % of forest legitimated by law of forest 33.000 villages in forest area (insecurity of tenure) Government states 69 percent of land is forest (136.9 M hectares)

Forest Area
Rent the Forest Zone

Stated as non forest zone by ministry of forestry

After exploitation, land return as forest and still in forest zone

Should meet regulation on land in non forest area

Mining
Land Compensation

Non Forest Area

Location Permit on Exploration then Exploitation by Local Government

following all evironmental standard stated by minister of environtmen

Following all regulation stated by minister of mining

location permit

land compensation Non Forest Area

Plantation permit by minsiter of agriculture

Plantation following all evironmental standard by minister of Environtment Should to follow regulation on land in non forest area

Forest area

Stated as non forest area by minister

Overlapping concession of mining, plantation, wood plantation in forest industry No legal certainty on land (conflict of law) Rent seeker among government officer (corruption, colution and nepotism) Land Conflict (2011: 163 of land conflict on 472.048 ha, 22 peoples were died)

Spatial Planing Law No.26/2007

National coordinating spatial planinng and layout body

National Spatial planinng

Big Island Spatial Planning

Strategic national zone/special economic zone

Detailed Spatial Planning on Province, Sub Province and City level ministry of forestry stated as non forest zone

Strategic national zone/special economic zone

Spatial Planing Law No.26/2007

National Coordinating Spatial Body

Big Island Spatial Planning

Local Coordinating Spatial Body

Detailed Spatial Planning in n Province, Sub Province and City.

National Spatial Planning

Requires for approval from Ministry of Forestry to endorse spatial planning in district and province Lack of community participation Private companies and government elites tend to use the law as a way to own lands for interest of their group . Drived by economic interests and corporate investment (Special economic zone, MP3EI/Masterplan of Economic Development of Indonesia)

Encourage for reformation in spatial particularly to forest zone (KPA included in ministry of forestry tenurial reform team) To prevent land grabbing & forest in the name of spatial reformation Formulation of National Land Law system toward agrarian refor

Thank you Iwan Nurdin: Deputy Secretary General of Consortium for Agrarian Reform (KPA)Indonesia www.kpa.or.id @iwan_nurdin