Land Readjustment After Earthquake and Tsunami

A devastating earthquake and tsunami has destroyed some region in Indonesia. In December 26^th, 2004 big earthquake and tsunami have strike Aceh and Nias. Once and a half year later, big earthquake has strike Yogyakarta and Central Java. Then, recently, earthquake and tsunami strike again in Pangandaran beach. Hundred and thousand victims were died and many families have lost their members. Despite of lost their members, many families also lost their properties. The problem became quit complex when they realized that their land boundaries became absurd. This is one of the problems in land reconstruction in spite of the changing of coastal line.

Special cases like Aceh, Nias and Yogyakarta, there were special action to overcome these problems. First of all, to arrange back the land, there should be land reconstruction and boundaries reconstruction. Furthermore, related with land reconstruction, special purpose to be considered is how to create new land arrangement has more economic value. Common form of land blocks in Indonesia are irregular. For example, the shape of land parcel is irregular also, there is lack of accesses (street or road) and there is lack of public facilities (park, garden, sport arena) for people recreation, crowded, lack of open space, has low value of NJOP (Nilai Jual Objek Pajak). These conditions caused low economic value in every land parcel.

In the term of land reconstruction, thing to be considered is land readjustment. So, what is land readjustment ? According to Arvanitis and Balla (2005) land readjustment is a legal instrument which has been instituted for the adjustment of plot boundaries in urban or suburban areas, aiming at the better of some specific area and functioning in larger or small scale. Basically, land readjustment is arranging back land blocks to fit with land use planning. So, the purpose of land readjustment is increasing economic value in every land parcels by adding the accesses and public facilities.

The question is how we can add the accesses and public facilities if the area of land block is limited ? to be participant in land readjustment, land owners do not need to pay anything. Every land owner in one land block gives their little piece of land to construct the accesses and public facilities. In practice, this concept could make a controversy, because land owners think that they will receive back their land (after land readjustment) smaller than before land readjustment or will remove their land from original position or they will receive back their land is divided into a number of land parcel.

Yes, this opinion will bring an assumption that land readjustment will affect disadvantages to the land owners. Actually, this opinion is not truly correct. Let we see in the specific term, on one hand, of course the land owners will receive back their land smaller than before land readjustment. On the other hand, the result of land readjustment will bring many advantages, of course in land economic value. In addition, the availability of public facilities, accesses, good drainage, and open space will increase the value in social and environmental interaction.

Japan, one of the countries which have successfully implemented land readjustment, could be the example for Indonesia. Starting in 1920 until 1954, Japan has successfully finished 10,878 land readjustment projects (Djojomartono, 2006). After the big earthquake in Kanto 1923 which destroyed a half of Tokyo and World War II which destroyed Nagoya, Japan intensively implemented land readjustment (Ibid, 2006). As a result, the tremendous development of economic in Japan has brought the opinion that land readjustment could give serious advantages in economic impact (Ibid, 2006).

So, what is the key success in Japan for implementing land readjustment ? people participation is the answer. The land owners realized that land readjustment would change old perspective of the land into the new one that their land should be suitable for their live and increase land economic value. In early 1980, land readjustment was the hot issue in Indonesia. Unfortunately, lack participation of people was the main obstacle of this program (Ibid, 2006). But in some provinces, land readjustment has successfully implemented. Bali is one of the provinces which successfully implemented land readjustment.

It seems that land readjustment after earthquake and tsunami against humanity, because people who have suffered from natural disasters should sacrifice their land. In contrast, it will more against humanity if we just let the people construct their land without direction, then they can not develop their economic activities, because they live in the bad condition and bad environment. Due to the destruction after earthquake and tsunami, land readjustment could be a solution in order to create a good land use planning. However, again, people participation and good support from government agency are essential for running this program as well.

Community Driven Adjudication, often referred to as “community land mapping” (Winoto, 2005) that have been conducted by National Land Agency in some region in Aceh could be run together with land readjustment. However, good socialization and communication between people and government has to do first for guarantee in the term of doing land readjustment successfully.

REFERENCE

Arvanitis, A. and Balla, E (2005) Some Technical, Legal, Financial and Social Issues of Land Readjustment. An Approach of modeling Greek Land Readjustment Procedure , 8^th Workshop and 9^th Final MC Meeting, Modeling Real Property Transactions, 13 – 15 October 2005, Stockholm.

Djojomartono, P. N. (2006) Penataan Kembali Kawasan Permukiman Korban Gempa, Harian Kedaulatan Rakyat, 13 July 2006. Yogyakarta.
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Winoto. J, (2005) Reconstruction of Land Administration System in Nanggroe Aceh Darussalam and Nias, FIG EGM, Bangkok.