Indonesia: Enhancing the Legal and Administrative Framework for Land Project

Sovereign Project | 37304-012

Summary

The TA objective is to assist the Government to enhance the legal and administrative framework for land law including land acquisition and resettlement. The TA will pursue this objective by supporting: (i) preparation and approval of a draft Land Law; (ii) consultation on the draft Land Law in selected regions and with the civil society; (iii) presentation of the draft Land Law to the parliament; (iv) preparation of draft regulations for implementing the proposed Land Law including elaboration of the existing land acquisition and resettlement regulations when required; (v) identification of any other regulations that might be needed to support the proposed Land Law; and (vi) a capacity needs assessment and preparation of a proposal for a capacity building program for follow-up financing.

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Project Name Enhancing the Legal and Administrative Framework for Land Project
Project Number 37304-012
Country Indonesia
Project Status Approved
Project Type / Modality of Assistance Technical Assistance
Source of Funding / Amount
TA 7038-INO: Enhancing the Legal and Administrative Framework for Land Project
Technical Assistance Special Fund US$ 500,000.00
TA 7038-INO: Enhancing the Legal and Administrative Framework for Land Project (Supplementary)
Technical Assistance Special Fund US$ 100,000.00
TA 7038-INO: Enhancing the Legal and Administrative Framework for Land Project (Supplementary)
Technical Assistance Special Fund US$ 200,000.00
Strategic Agendas Inclusive economic growth
Drivers of Change Governance and capacity development
Sector / Subsector Public sector management - Decentralization
Gender Equity and Mainstreaming
Description The TA objective is to assist the Government to enhance the legal and administrative framework for land law including land acquisition and resettlement. The TA will pursue this objective by supporting: (i) preparation and approval of a draft Land Law; (ii) consultation on the draft Land Law in selected regions and with the civil society; (iii) presentation of the draft Land Law to the parliament; (iv) preparation of draft regulations for implementing the proposed Land Law including elaboration of the existing land acquisition and resettlement regulations when required; (v) identification of any other regulations that might be needed to support the proposed Land Law; and (vi) a capacity needs assessment and preparation of a proposal for a capacity building program for follow-up financing.
Project Rationale and Linkage to Country/Regional Strategy The proposal for TA complements the Indonesia country program emphasis on improving governance, including legal and judicial reform, building human capital, and, within ADB?s program of assistance, improving aid effectiveness, within the overall context of decentralization. It also complements other country-specific regional initiatives to enhance policy, legal, and administrative frameworks for involuntary resettlement. The TA follows on from a key regional activity, RETA 5935 (2000-2002), in which Indonesia was a participant. The decentralization process under way since 1 January 2001 applies also to land acquisition and resettlement. This will necessitate attention to the planning, financing, approval, implementation, management, and monitoring for land acquisition and resettlement at the regional level if ADB infrastructure projects (and other investment projects) are to proceed without bottlenecks and delays. This requires a careful analysis of the relative roles and responsibilities of the central government compared with the regional governments for land acquisition and resettlement matters. Under decentralization, the central Government retains the right to stipulate the requirements and standards for granting land titles, for land reform, for land administration, land service charges, and the national cadastral basic framework. BPN, the National Land Agency, has responsibility for three major land law revisions, including the Law on Land Acquisition and the Agrarian Law. Regions will make their own regulations on land use and their own arrangements for land registration and other matters, and, it appears, would generally be responsible for land acquisition, compensation and financing. The regions would need assistance to build capacity to plan, budget for and manage land acquisition and resettlement.
Impact
Project Outcome
Description of Outcome
Progress Toward Outcome
Implementation Progress
Description of Project Outputs
Status of Implementation Progress (Outputs, Activities, and Issues)
Geographical Location
Summary of Environmental and Social Aspects
Environmental Aspects
Involuntary Resettlement
Indigenous Peoples
Stakeholder Communication, Participation, and Consultation
During Project Design
During Project Implementation
Business Opportunities
Consulting Services The TA will require 40 person-months of consulting services comprising 4 person-months for an international land policy advisor, 4 person-months for an international resettlement advisor, 2 person-months for an international land and property valuation advisor and 18 person-months for a domestic land policy-team leader, 12 person-months total for other domestic consultants including a property valuation specialist, a government specialist, a gender specialist, a legal specialist, an institutional speicalist, and a public relations specialist.
Responsible ADB Officer Said Zaidansyah
Responsible ADB Department Office of the General Counsel
Responsible ADB Division Office of the General Counsel
Executing Agencies
National Land AgencyMr. Joyo WinotoBadan Pertanahan Nasional, Jakarta Indonesia
Timetable
Concept Clearance 10 Mar 2007
Fact Finding 03 Jul 2006 to 07 Jul 2006
MRM -
Approval 20 Dec 2007
Last Review Mission -
PDS Creation Date 28 Feb 2006
Last PDS Update 09 Oct 2009

TA 7038-INO

Milestones
Approval Signing Date Effectivity Date Closing
Original Revised Actual
20 Dec 2007 11 Mar 2008 11 Mar 2008 31 Jan 2010 31 Jan 2015 -
Financing Plan/TA Utilization Cumulative Disbursements
ADB Cofinancing Counterpart Total Date Amount
Gov Beneficiaries Project Sponsor Others
800,000.00 0.00 125,000.00 0.00 0.00 0.00 925,000.00 20 Dec 2007 392,368.88
Title Document Type Document Date
Enhancing the Legal and Administrative Framework for Land Project Technical Assistance Reports Dec 2007

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