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.