Saturnino A. Pacubas - USAid

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Agrarian Law. The structure, functions and powers of operating
agencies were analyzed in the Ministry of Home Affairs, which
has jurisdiction over the Directorate General of Agrarian
Affairs, which in turn has jurisdiction over the Directorate of
Land Registration. This office specifically is charged with the
duty of causing the registration of all lands within the
territory of the Republic of Indonesia. And lastly, the whole
structure of the Government of the Republic of Indonesia has
also been taken into consideration starting from the Peoples
Consultative Assembly (MPR), the House of Peoples
Representative (DPR), the Supreme Advisory Council (DPA), the
office of the President, down to the 25 or more Ministries, and
the Governor, Mayors, Bupatis, Camats and Desas. All of these
lay an important role in legal situations and conditions
affecting LMTR in Indonesia.
For instance, the Peoples Consulative Assembly formulates
the basic guidelines for development of the country every fiv:
years. This includes specific activities that should be given
emphasis and the priorities in development. The House of
Peoples Representative enacts laws to carry out the objectives
and goals set to be achieved by the MPR. The President in turn
executes the laws. The Ministers actually implement the laws
and policies by the issuance of regulations. These regulations
are reduced into details for implementation by the lower
echelon of executives and supervisors.
The Basic Agrarian Law as passed in 1960 provides a negative
system of registration. It also states how registration should
be conducted, and what it should consider in regards to the
condition of the State and society, the social-economic needs,
the prssibility of its implementation in accordance with the
consideration of the Minister of Home Affairs, and those who
are without means should be exempted from expenses. This law
was followed by the implementing regulation known as Government
Regulation No. 10 promulgated in 1961. This regulation
provides the procedures for land mapping, titling and
registration. The process of registration under this
government regulation presently, however, is gradually becoming
cumbersome. The Directorate General of Agraria is engaged in a
massive scale to speed up the registration process.
MAJOR FINDINGS.
1. The land registration process is carried out in Indonesia
by the Basic Agrarian Law of 1960. However, it provides for a
negative system and accordingly the implementation is in the
passive method (Government Regulation No. 10/61).
2. The rural population is not in a financial position to
shoulder the burden of registration. The understanding and
benefits of registration is yet to be understood by the rural
population.