Assessment of Implementation of Customary Land Administration Principles and Its Benefits for Land Administration in Indonesia Rizqi Abdulharis
Institut Teknologi Bandung
Abstract
Since 1960 Indonesia has shifted its land administration to an indigenous one, which was claimed to be developed based on the customary land administration principles in Indonesia. The adaptation of customary land administration was chosen (Harsono, 2013) because they have been proven to be able to maintain the sustainability of the indigenous territories in Indonesia (Abdulharis, 2014). This is clearly stated in the 1960^s Basic Agrarian Act, which is considered as one of the important milestones on the development of land administration system in Indonesia.
While land administration comprises of processes with regard to land tenure, land use, land development and land value (Williamson et al., 2011), the 1960^s Basic Agrarian Act only regulates land tenure process. Land use, land development and land value processes are regulated by other regulations, which were enacted after the promulgation of the 1960^s Basic Agrarian Act.
Such facts raise a question whether land use, land development and land value regulations comply with the 1960^s Basic Agrarian Act, particularly concerning the implementation of customary land administration principles in Indonesia. Most importantly, relevancy of customary land administration principles to regulate the modern land administration in Indonesia has also been questioned.
To answer the first question, the formal land administration system is compared with the customary land administration system. Moreover, the second question is expected to be answered by assessing the benefits of the application of customary land administration principles in land administration in Indonesia.
The research that is highlighted in this manuscript was implementing multiple case study approach to identify the customary land administration principles. The case study areas were West Sumatera, West Java and Maluku. The primary data was collected by means of key informant interviews and visual ethnography. The analysis was done by secondary data analysis, content analysis and classificational analysis.
The result of the comparison between customary and formal land administration in Indonesia shows that there are contradictions between principles that are applied in the aforementioned systems. Even, the rights of indigenous communities have only been partially protected. Furthermore, benefits of the application of customary land administration principles in Indonesia have also been identified. These findings are valuable on the enhancement of formal land administration system of Indonesia.
Keywords: Custom, Indonesia, Land Administration
Topic: Interdisciplinary Earth Science and Technology
