Land is a gift from God to mankind on earth. From
birth until his death, people need land to live and the source of life. That's
where people live, work and living place, a place where they came from and
where are they going to go.
Land has multiple values for humans. Rapid population
growth with a population of Indonesia at this time (250 ± million), which can
be caused by birth or because of migration and urbanization, while the number
was never increased its land so as to make the land into an economic commodity
whose value is very high, so every centi meter of land becomes very valuable to
the owner.
As the times and improving the quality of science and
technology which contribute to the increased public awareness resulting in the
public mindset on land control was changed. Assets associated with land
development, it appears the public mindset towards control of land where people
no longer make the land into production but makes land resources as a means of
investment or economic commodity. As in the Sunggal Village, Medan North
Sumatra, thousands of hectares of agricultural land was transformed into an
elite residential areas and commercial areas (Daily Newspapers North Sumatra
Post, January 29, 2012).
In terms of land tenure, many of the problems that we
encountered in the area of land. The dynamics of the complexity of land
issues have a high load, this is caused by the reality that suggests that human
needs for land always increases with the rate of growth and development in all
fields. On the other hand, the quantity does not increase the amount of land
area (relatively fixed). One obvious example that occurred in December 2011 the
last of conflict / violence in Mesuji Lampung. Starting from the public discontent towards the socio-economic
rights of people raped by the magistrates who have wealth and power who want to
control the land and take advantage of acquisition of land.
Events that occurred in Lampung is one of the variations of
the existing problems. In general, the motives and background of the causes of
these cases the land is affected by:
a. Less the order of administration in the past;
b. Land prices are increasing rapidly;
c. The condition of society is
increasingly aware of and understand the interests and rights;
d. Climate of openness as one of the policy outlined by the Government;
e. The persistence of rogue
elements of government that have not been able to capture the aspirations of
the people;
f. The
existence of the parties the opportunity to seek material gain that is not fair
It is necessary that the entity is required to manage the
available land optimally, so that each professional can be accommodated in a
proportional interest as a reflection of the ideals of national development in
all areas as mandated by the Constitution, Article 33 paragraph (3) UUD 1945, which reads: "The earth and
water and natural resources contained therein is controlled by the State and
used for the overall prosperity of the people".
Still a lack of coordination among agencies related to
spatial policy and land use. Consequently lead to a gap between these two
aspects. This
variable dynamics as the cause of problems in the area of land. When in fact
these two aspects are inseparable.
Spatial planning is a standard reference and administration
of the land is one of the elaboration of policy space as outlined in the
Spatial Plan. As a result, there are critical issues, such as lack of
synchronization and consistency of land use policy, the absence of ground data
synchronization, the absence of a tool for controlling land tenure, and the
lack of tools to direct the use of the land. With such an impact, spatial
planning that has been made is limited to the plan on paper, but it is very
difficult to implement in the field.
Land administration is a very important tool to support the
implementation of land policies. Like the forces of war, land administration is
a much-needed ammunition to win the war. Already there are some associated with
this policy. For example, a program of land registration, land mapping and
others. But it’s still felt not optimal with the increasingly complex problems
facing the ground. This condition was one factor causing a variety of land
policy implementation has not been going well.
In a land administration reform should note that:
a. Land will be one of the
commercial commodity in the economy with regard to the demands of national and
global investment. This relates to the competition to win the global investment
between Indonesia and other countries are implementing a strategy of land as
one of the factors attract investments.
b. Land will also be one of the
aspects required to do redistribution and optimization of the economic
potential it contains with respect to efforts to achieve justice and equitable
development to all people and regions.
c. Necessary synchronization
between the Act and the Local Government Act Financial Balance Between Central
and Local Government, so that the decentralization policy, control usage, and
mastery of one of the implications that must be faced by the middle of the
limited human resources and infrastructure areas. Granting authority to the
regional policy (decentralization) is done gradually and cautiously according
to the ability of the region through the development of learning by doing
system / process that is able to provide increased quality and capability in
handling land area.
d. Improved understanding of the
law of the land by the people in line with the transparency and legal
empowerment of the run, so the implication is that legal certainty will
increase the demand of land tenure.
In Indonesia, the state agency charged with managing and
developing land administration is the National Land Agency (BPN) in accordance
with Article 2 of Decree of the President of the Republic of Indonesia No.26 of
1998. These lands are managed by BPN if the land meant to be viewed from the
aspect:
- The nature and type of land
- Re-Inventing the structural basis of land
- The
legal status of land
- The
interests of land rights
In addition, there are other agencies that manage the area of
land : the Ministry of Agriculture, Ministry of Forestry, and Ministry of
Mines. Based on the Joint Regulation of the Minister of Finance and Head of
National Land Agency Number: 186/PMK.06/2009 and No. 24 of 2009 on Certificate
of State Property, the Ministry of Finance, represented by the Directorate
General of State Assets (DJKN) took a part in land, this is particularly land
that is State Property.
To repair a good land administration system to the
rearrangement of existing land administration in which plots of land available
for each note of the aspects of physical size, control, use, types of rights
and legal certainty, which is managed in information systems / land use
database, taka and the less important is the implementation of an effective
system of administration carried out in accordance with the laws prevailing in
the area of land.
With the land administration system that is well organized,
the Government can optimally manage lands that will provide great benefit to
all parties.
