2015年-世界发展银行全球_Central_Kalimantan_Land_Governance_Assessment_106页_990kb

Central Kalimantan Land Governance Assessment Summary

Core Content

This document presents the findings of a land governance assessment in Central Kalimantan, Indonesia, conducted by the Earth Innovation Institute between December 2013 and July 2014. The assessment used the Land Governance Assessment Framework (LGAF), a participatory tool designed to evaluate the status of land governance at the national level. The report highlights the challenges and opportunities in land management in the context of decentralization and offers policy recommendations to improve governance.

Main Issues and Findings

1. Land Governance Status

• The assessment found that land governance in Central Kalimantan is unsatisfactory.
• No dimension received a satisfactory score (A).
• The two major issues identified are:
  • Incomplete spatial planning process: Uncertainty in land classification (forest vs. non-forest) undermines the land tenure system.
  • Overlapping claims within state forests: Conflicts arise due to unclear land boundaries and the status of land.

2. Customary Land Rights

• Customary land rights are a significant concern in Central Kalimantan.
• The majority of lands are customary owned, and the recognition of these rights is a key challenge.
• The Constitutional Court Decision No. 35/2012 redefined customary forests as not part of the state forest area, shifting authority to customary law communities.
• However, the implementation of this ruling has been inconsistent, especially between provincial and district levels.

3. Land Use and Allocation

• Large-scale investments have led to serious land governance problems.
  • Plantations: 1.3 million hectares have been allocated for plantations.
  • Mining: Around 3.7 million hectares have been allocated for mining concessions.
• These allocations have not been well managed, leading to disputes and inefficiencies.

4. Land Information Management

• Public access to land information remains limited.
• The information is scattered across different agencies, making it difficult for common citizens to access.
• The Provincial Government has established an information commission, but it struggles to obtain necessary data for land-related inquiries.
• Internet users can only access public land information, while rural communities have limited access.

5. Institutional Challenges

• There is a lack of coordination between the provincial and district governments.
• Institutional arrangements and policies are weak and inconsistent.
• The recognition of indigenous rights has not been effectively addressed by district governments, despite provincial-level efforts.

6. Policy and Legal Framework

• The Indonesian Constitution (Article 33) grants the State authority to manage land for public welfare.
• The Constitution also recognizes the role of customary law communities in managing their own lands.
• The dualism between customary and formal land laws remains a key constraint in land governance.

Key Policy Recommendations

For the Provincial Government

• Establish institutional support to accelerate the recognition of customary land rights and ensure collaboration with district institutions.
• Develop a clear roadmap with defined outputs, timelines, and budgets involving district governments.
• Strengthen monitoring tools to assess performance of district agencies and license holders in environmental protection and rights management.
• Create and maintain a comprehensive database of land rights, forest status, and land use, and ensure public access to this data.
• Improve the capacity of local bureaucrats to handle land information and rights issues.
• Ensure that public information is accessible and that the right to know is recognized among officials.

For the National Government

• Accelerate the delineation of land boundaries for individual and communal rights.
• Issue a government regulation to recognize community and individual rights on forests and lands, beyond ministerial decrees.
• Develop operational guidelines for the implementation of the Constitutional Court decision No. 35/2012.
• Establish a joint decree among the Ministry of Forestry, the National Land Agency, and the Ministry of Internal Affairs to provide reference data and guidelines for land management at the provincial and district levels.

Positive Developments

• The Provincial Government has made progress in improving public access to information.
• The establishment of an information commission and a special officer for land disclosure is a positive step.
• Central Kalimantan is a pioneer in the recognition of customary rights, with several regional regulations developed to support adat institutions.
• The province has been selected as a REDD+ pilot province, leading to initiatives aimed at improving land management and reducing emissions.

Context and Significance

• The assessment highlights the complexity of land governance in Indonesia, particularly in the context of decentralization.
• Central Kalimantan is one of four provinces that have not completed the provincial spatial planning process, which contributes to the current governance challenges.
• The report serves as a sub-national case study for understanding the impact of decentralization on land governance in Indonesia.

Conclusion

The assessment concludes that while Central Kalimantan has made some progress in land governance, the system remains weak and inconsistent. The lack of coordination between levels of government, incomplete spatial planning, and unresolved customary land claims are major constraints. A participatory and collaborative approach is essential to improve the system and ensure that land rights are recognized and protected for all stakeholders.