Indoleft | Private sector using land acquisition law to trample people's land rights

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Private sector using land acquisition law to trample over people's land rights

Kompas - April 4, 2011

Hak Rakyat: Tunda Pembahasan RUU Tanah – Kompas. Senin, 4 April 2011

Jakarta – It would be better if the deliberations on the Draft Law on Land Acquisition for Development be delayed while legal uncertainty over the control of land by communities remains unclear. In addition to this, the ratification of the draft law has the potential of impairing spatial planning and regional boundaries throughout Indonesia, the deliberation and ratification of which are still unfinished.

The House of Representatives (DPR) member of the Special Committee for the Draft Law on Land Acquisition from the National Awakening Party (PKB), Abdul Malik Haramain, said that the issue of community land certification is still unclear.

"The National Land Agency (BPN) has only completed 30 percent of community land certification. A lot of community land has not yet been certified, including within it collective land that in factual terms is controlled by communities. There will be huge problems if the draft land acquisition law is ratified while the status of large amounts of land controlled by communities is unclear", he said in Jakarta on Saturday April 2.

Haramain also revealed that the draft land acquisition law will damage the basis of spatial and territorial boundary planning throughout Indonesia. "So far there are only 10 out of 33 provinces that have completed zoning and spatial plans and there are also regencies in these 10 provinces that have also yet to complete zonal and spatial plans. If the draft law on land acquisition is ratified before regional zonal and spatial plans are drafted, it will destroy all of the special and territorial planning in the regions", said Haramain.

A commission member from the Indonesian Democratic Party of Struggle (PDI-P), Arif Wibowo, added that as long as substantial problems such as the affirmation of the people's right to land are not resolved by the government, it would be better if the draft law be rejected. "The ordinary people's civil ownership rights could be violated just like that with this draft law. The position of our [party's] faction is clear, if indeed an acknowledgement of the people's right to land remain unresolved, we will reject the draft law", he said.

Wibowo believes that there are openings for the draft law to be taken advantage of by the private sector in procuring land by manipulating the definition of public interest. The involvement of the private sector in the law is a plot to negate the people's right to land for the sake of development. Infrastructure development must be accommodated, but not by violating the people's rights. (BIL)

[Translated by James Balowski.]

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