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 Name||Enhancing the Legal and Administrative Framework for Land Project|
|Project Type / Modality of Assistance||Technical Assistance
|Source of Funding / Amount||
|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.|
|Description of Outcome|
|Progress Toward Outcome|
|Description of Project Outputs|
|Status of Implementation Progress (Outputs, Activities, and Issues)|
|Summary of Environmental and Social Aspects|
|Stakeholder Communication, Participation, and Consultation|
|During Project Design|
|During Project Implementation|
|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||Zaidansyah, Said|
|Responsible ADB Department||Office of the General Counsel|
|Responsible ADB Division||Office of the General Counsel|
National Land Agency
Mr. Joyo Winoto
Badan Pertanahan Nasional, Jakarta Indonesia
|Concept Clearance||10 Mar 2007|
|Fact Finding||03 Jul 2006 to 07 Jul 2006|
|Approval||20 Dec 2007|
|Last Review Mission||-|
|PDS Creation Date||28 Feb 2006|
|Last PDS Update||09 Oct 2009|
|Approval||Signing Date||Effectivity Date||Closing|
|20 Dec 2007||11 Mar 2008||11 Mar 2008||31 Jan 2010||31 Jan 2015||-|
|Financing Plan/TA Utilization||Cumulative Disbursements|
|800,000.00||0.00||125,000.00||0.00||0.00||0.00||925,000.00||20 Dec 2007||392,368.88|
Project Data Sheets (PDS) contain summary information on the project or program. Because the PDS is a work in progress, some information may not be included in its initial version but will be added as it becomes available. Information about proposed projects is tentative and indicative.
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|Title||Document Type||Document Date|
|Enhancing the Legal and Administrative Framework for Land Project||Technical Assistance Reports||Dec 2007|
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