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INDONESIA
Article · January 1996 with 67 Reads
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Djoko Walijatun
Chris Grant
Abstract
For more than 350 years Indonesia was under the colonial governments. Straightening
land matters was more aimed towards the interests of the colonial governments. Land
laws became a dualism, i.e. Western land law and Traditional land laws. The areas
where Western land laws applied, land registration was completely executed with
cadastral maps and surveys. On the other hand, Kingdoms were stipulating their own
regulations for the lands in their territories. Both land administration systems were
scattered among lands that were subject to traditional laws, which are also various, and
different from one region to another. Agrarian Law of 1960 ended this situation by
creating a National Land Law based on the utilization of traditional concepts, principles,
systems and institutions. We recognize the existence of customary land where in
principle it is a communal ownership which is controlled and utilized for the individual
citizen with rights of the private nature. In general land status can be divided into two
groups i.e. state land and private land. Private land is either registered or not (yet), and
state land is defined as land without any right attached to it. The common forms of land
tenure are freehold, leasehold and rental agreements. Freehold can be obtained from
transfer, granting of state land and "improvement" from leasehold of state land.
Leasehold can be obtained from transfer and granting of state land.
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Mulyadi Katiyo
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o The newly established system was a negative system (certificate of land titles are
issued by the Land Office) providing registration of titling and a fiscal cadastre
(Cadastral Template, 2003). The development of the cadastre in Indonesia must
accommodate a population of more than 200 million people widely spread across
about 80 million land parcels over 17,000 islands -some very remote (Walijatun &
Grant, 1996). It is estimated that only one quarter of these parcels are registered
(Cadastral Template, 2003).
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