ENVIRONMENTAL
PANORAMA
ENVIRONMENTAL
PANORAMA
LAND LEGISLATION IN INDONESIA
THE "AGRARIAN LAW"
The principle and basic provisions of agricultural conditions which is the foundation for other land regulations.
BACKGROUND
The most important legislation governing land rights is the Basic Agrarian Law (BAL or UUPA), Law No.5 of 1960. It is quite a complex law reflecting and adopting customary (Adat) law developed at rural villages level, and further modified by Dutch Colonial rule. The BAL defines the fundamental types of rights that might be held by private individuals. It also explains the role of the state related to its utility of land; along with, its regulation of private rights and private uses of land. The goal of this law is to lay a foundation for improving the national land law and to provide the certainty of land rights for the people.
However, in 1967, the BAL was ceased to be applied, and the Basic Forest Law, Law No.5 of 1967 (BFL) was adopted. Then, the BFL was replaced by a new Forestry Law in 1999 (Sectoral Law). Both laws removed the weak protections contained in the BAL regarding land rights of customary (Adat) law when communities live in forested areas or on lands granted by the state to corporations.
TYPES OF LAND TITLES AND RIGHTS OVER THE LAND
State-own land
Rights over land
Rights of water and air space
CRIMINAL PROVISION
The land should be taken care of so that its fertility is improved and to prevent it from damage. The responsibility of the land does not only force on the owner, but also on every legal entity. The crime against the responsibility of the land will be punished with the imprisonment of at most three months and paying a fine at least ten thousand Rupiah.