Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/222803 
Authors: 
Year of Publication: 
2019
Series/Report no.: 
ADBI Working Paper Series No. 1036
Publisher: 
Asian Development Bank Institute (ADBI), Tokyo
Abstract: 
This paper is a qualitative case study of two land acquisition cases highlighting the empirical effect of legal reforms on land use policy over time in Indonesia. Under the Suharto regime, land acquisition in the public interest was often coercive, with the government determining one-sided compensation and no recourse for appeal. The legal basis for this process was Presidential Decree 55/1993, which gave the provincial governor the ultimate authority to rule on the matter. A new legal framework for land acquisition, which the government enacted in 2012, redefined the basis on which the state could acquire land in the national interest. It imposed clear administrative procedures and deadlines on dispute resolution and land procurement, including a legal appeal process. Outcomes can still vary widely according to many variables, particularly the capacity of district court judges, but comparative analysis suggests that the law is moving Indonesia toward a more equitable policy framework.
Subjects: 
Indonesia
land use policy
land acquisition
infrastructure
legal reforms
JEL: 
H13
K11
K40
Creative Commons License: 
cc-by-nc-nd Logo
Document Type: 
Working Paper

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