Analysing Land Tenure Security of Urban Kampung in Jakarta

Analysing Land Tenure Security of Urban Kampung in Jakarta Andri Supriatna Master of Science in Land Administration Bachelor in Geomatic Engineering A thesis submitted for the degree of Doctor of Philosophy at The University of Queensland in 2017 School of Earth and Environmental Sciences Abstract The growth of the world's urban population requires the attention of urban planners and policy- makers, particularly as it is mainly happening in the global south and is associated with the continued growth of slums. Many countries struggle to improve living conditions in slums. The most common approach to improving slums worldwide has changed from non-recognition to recognition, including formalization. Numerous attempts to formalise slums have included land titling since it is assumed that titling may give adequate tenure security, and thereby protect the urban poor against forced eviction and the resultant economic effects (de Soto, 2000). Yet, this claim has been consistently criticised. Moreover, attempts to assess the actual impacts of tenure security have been limited, as the relationship between tenure security and its claimed impacts are complex. This is likely because tenure security is a matter of both perception and law (Payne et. al, 2009). Given such considerations, this thesis attempts to understand what tenure security entails (especially concerning de facto or de jure tenure forms) and to assess the impacts of tenure security in a specific local context and local legal framework. This thesis aims to answer this main question: What is the relationship between the ‘causes’ of tenure security, the extent of tenure security itself, and the ‘effects’ of tenure security? This is seen from the perspective of the communities and local authorities. It contributes to the theoretical debate on the extent to which tenure security can be realised, the forms of land tenure that provide the greatest security, the impacts of increased tenure security (or its lack), and the (possible) reciprocal effects of tenure security. To understand tenure security, the thesis employs the continuum of land rights as a base of tenure spectrum found on the ground. It also gives policy recommendations about land tenure regularization in urban slums in a context of pro-poor land management and inclusive planning. The thesis focused on the city of Jakarta, Indonesia, and examined two moderate-slum kampung in the inner city as case studies. It quantitatively and qualitatively investigated perceived tenure security by conducting surveys of the communities in addition to in-depth interviews with local authorities and key informants. The quantitative analysis employed Structural Equation Model-Partial Least Squares (SEM-PLS), logistic regression, and cross-tabulation. The principal findings were that the two case study communities did not feel secure against forced eviction, especially those without a land title, and despite possessing full ownership, landowners with title did not necessarily feel totally secure from forced eviction. Yet, possession of land-related i documents turns out to be the most prominent factor in generating a sense of being protected against forced eviction, particularly the possession of land titles and notary deeds as perceived by both communities and local authorities. The survey found that there is a range of tenure forms. The most prominent one is garapan (occupancy) rights, particularly, the statement letter of building ownership on State land and purchase (known as AJB/Oper Alih Kelurahan) which mostly predominates on occupied State land. This documentation creates a feeling of security against forced eviction, as it is acknowledged by the sub-district office. The burgeoning number of forced evictions seems to be the result of a different perspective by the local government on this current occupancy rights. When it comes to the extent of perceived tenure security, the communities viewed it as the sense of being safer from forced eviction and having the possibility to inherit land and houses. These major concerns imply that they intend to sustain their family livelihoods in the current neighbourhoods. The well-publicised example of the forced eviction in Kampung Pulo, a non-case study kampung, seems to have influenced in the surveyed kampung; despite living there for decades, some of them were evicted in 2015. Where there was perceived tenure security, the communities mostly invested in housing, gained access to basic infrastructure and services and gained access to credit. Yet, this is likely influenced by the intervention of concurrent local government actions with their respective programs such as housing improvement (Kampung Deret), footpath pavement improvement (MHT), and micro credit loans (PPMK). This perception leads to the fact that they feel more recognised, instead of specifically being safe from forced eviction. However, self-finance housing investment in fact reciprocally generated perceived tenure security as being safer from forced eviction. Given the fact that land title is the greatest contributor to secure tenure as perceived by the communities and local government, an approach of land tenure regularization should consider an individual titiling as the long-term objective. Rather, improving tenure security through rights-based (indirect) formalization by providing legal assurance of the predominant occupancy right (garapan) should be implemented on an incremental basis, along with a guarantee (declaration) by local government not to undertake forced eviction. This is done on the basis of the local continuum of land rights through the provision of deeds by sub-district offices or notary, in form of (enhanced) statement letter of building ownership on State land whilst giving time for the residents to improve their livelihood. In the context of the long-term titling, the residents are ultimately to be granted provisional individual titles which confine them from selling-out the new title land to ensure their existence on the current location. i ii Declaration by Author This thesis is composed of my original work, and contains no material previously published or written by another person except where due reference has been made in the text. I have clearly stated the contribution by others to jointly-authored works that I have included in my thesis. I have clearly stated the contribution of others to my thesis as a whole, including statistical assistance, survey design, data analysis, significant technical procedures, professional editorial advice, financial support and any other original research work used or reported in my thesis. The content of my thesis is the result of work I have carried out since the commencement of my higher degree by research candidature and does not include a substantial part of work that has been submitted to qualify for the award of any other degree or diploma in any university or other tertiary institution. I have clearly stated which parts of my thesis, if any, have been submitted to qualify for another award. I acknowledge that an electronic copy of my thesis must be lodged with the University Library and, subject to the policy and procedures of The University of Queensland, the thesis be made available for research and study in accordance with the Copyright Act 1968 unless a period of embargo has been approved by the Dean of the Graduate School. I acknowledge that copyright of all material contained in my thesis resides with the copyright holder(s) of that material. Where appropriate I have obtained copyright permission from the copyright holder to reproduce material in this thesis and have sought permission from co-authors for any jointly authored works included in the thesis. iiii Publications during candidature No publications Publications included in this thesis No publications included Contributions by others to the thesis Dr. Sonia Roitman and Associate Professor John Minnery supervised my research work; Associate Professor Patrick Moss and Associate Professor Greg Brown made critical comments on the proposal and the analysis section. Statement of parts of the thesis submitted to qualify for the award of another degree None. Research Involving Human or Animal Subjects This research involves human subjects and has obtained ethics approval letter (GPEM number 20150007) signed by Dr. Bradd Witt. A copy of the letter is attached in Appendix H. iv Acknowledgements First of all, I am very grateful to Allah for the good health and well-being to complete this thesis. I would like to highly thank Dr. Sonia Roitman and Associate Professor John Minnery for their continuous constructive supports and efforts in guiding me through all these years. I also thank to Dr. John Abbott who proofread the draft thesis on grammar, punctuation, English expression, and some content suggestions. My sincere gratitude is also given to all professional staff in the School of Earth and Environmental Sciences (SEES) for their support during my study. My special thanks to the institution where I work, namely the Indonesian Ministry of Land and Spatial Planning, for giving me an opportunity and full support to study for a PhD in Australia. I wish you all the best in the future. May Allah give his more blessings. Last but not least, I thank to my family for their unconditional love supporting my study. Especially my mom and my wife, Fanidya, who would be there giving full support to my study completion. v Financial support This research was supported by SPIRIT Scholarship (Scholarship Program for

Load more