such as the HGU, the community that has the right will be asked for their opinion. However, the community that keeps the right should not disturb the giving right
such as HGU, because giving such right is really needed for the wider interests.
The new property right (hak milik) would be registered by the government
program that would be promoted with consideration for transport and necessity.
Following this, the land registration program was gradually promoted, and the area
covered by the program was only 7% in 1990. When the government created the
regulation on land registration in 1997, it said that 55 million parcels of land were
qualified for registration, but of these, only 16.3 million parcels had been registered
until then.
2 The regulation predicted that during the second long-term development
program (1994/5–2019/20) the land parcels that should be registered would amount
to 75 million.
At this point, there appeared so many land claimed under property rights (hak
milik) but without land registration. When people registered their land, letters that
were issued previously such as girik or SKT could be used as supporting documents
for purposes of identifying the owners.
With regard to forestry administration, the most fundamental law enacted after the
independence was the Basic Forestry Act of 1967.
3 This law also stipulated that all
forests in the country were controlled by the state. According to the 1967 Act, forests
comprise of “property forests” (Hutan hak) to which residents’ rights of ownership
extend and “State forests” (Hutan Negara) that are directly controlled by the state. In
addition, with respect to land for which an individual right of ownership has not been
established, but to which hak ulayat, i.e., the customary right of use and disposal
(corresponding to the customary communal right of disposal advocated by scholars
of customary law during the colonial period), applies, this right is respected so long
as such right is demonstrated to exist. However, as the land is classified as state
forest, such right must comply with the forest administration and various national
development regulations.
Furthermore, the state forest area (kawasan hutan) was designated by decree of
the Minister of Forestry. When a forest exists in the state forest area in statecontrolled land, that is directly controlled by the state, and is designated a permanent
forest (Hutan tetap). Meanwhile, forests for which usage has not yet been decided
that are located on land that is directly controlled by the state, but lie outside of the
state forest area, are called reserve forests (Hutan cadangan). Further, forests that are
inside the state forest, but not in the state forest area and not the reserve forest are
classified as miscellaneous forests (Hutan lain). Subsequently, the forestry administration went on to expend substantial effort in the state forest area. In addition,
almost all of the estimated forest area reported by the government was in the state
forest area. The publicly announced state forest areas were sub-classified into
another classification of state forests, including protection forests (Hutan lindung),
2 Peraturan Pemerintah Republik Indonesia Nomor 24 Tshun 1997 tentang Pendaftaran Tanah.
3 Undang-undang Republik Indonesia No. 5 Tahun 1967 tentang Pokok-pokok Kehutanan.
636
K. Mizuno et al.
such as HGU, because giving such right is really needed for the wider interests.
The new property right (hak milik) would be registered by the government
program that would be promoted with consideration for transport and necessity.
Following this, the land registration program was gradually promoted, and the area
covered by the program was only 7% in 1990. When the government created the
regulation on land registration in 1997, it said that 55 million parcels of land were
qualified for registration, but of these, only 16.3 million parcels had been registered
until then.
2 The regulation predicted that during the second long-term development
program (1994/5–2019/20) the land parcels that should be registered would amount
to 75 million.
At this point, there appeared so many land claimed under property rights (hak
milik) but without land registration. When people registered their land, letters that
were issued previously such as girik or SKT could be used as supporting documents
for purposes of identifying the owners.
With regard to forestry administration, the most fundamental law enacted after the
independence was the Basic Forestry Act of 1967.
3 This law also stipulated that all
forests in the country were controlled by the state. According to the 1967 Act, forests
comprise of “property forests” (Hutan hak) to which residents’ rights of ownership
extend and “State forests” (Hutan Negara) that are directly controlled by the state. In
addition, with respect to land for which an individual right of ownership has not been
established, but to which hak ulayat, i.e., the customary right of use and disposal
(corresponding to the customary communal right of disposal advocated by scholars
of customary law during the colonial period), applies, this right is respected so long
as such right is demonstrated to exist. However, as the land is classified as state
forest, such right must comply with the forest administration and various national
development regulations.
Furthermore, the state forest area (kawasan hutan) was designated by decree of
the Minister of Forestry. When a forest exists in the state forest area in statecontrolled land, that is directly controlled by the state, and is designated a permanent
forest (Hutan tetap). Meanwhile, forests for which usage has not yet been decided
that are located on land that is directly controlled by the state, but lie outside of the
state forest area, are called reserve forests (Hutan cadangan). Further, forests that are
inside the state forest, but not in the state forest area and not the reserve forest are
classified as miscellaneous forests (Hutan lain). Subsequently, the forestry administration went on to expend substantial effort in the state forest area. In addition,
almost all of the estimated forest area reported by the government was in the state
forest area. The publicly announced state forest areas were sub-classified into
another classification of state forests, including protection forests (Hutan lindung),
2 Peraturan Pemerintah Republik Indonesia Nomor 24 Tshun 1997 tentang Pendaftaran Tanah.
3 Undang-undang Republik Indonesia No. 5 Tahun 1967 tentang Pokok-pokok Kehutanan.
636
K. Mizuno et al.