Architecture, Building and Planning - Theses

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    Community struggles for land in Jakarta
    Winayanti, Lana ( 2004)
    In Jakarta, kampung settlements have provided access to urban land and housing for a large part of the population. Some kampung settlements have been integrated and part of the city through the granting of administrative status. However, for residents in particular kampung settlements continuing to live in their kampungs has been a struggle because of the constraints imposed on them by the state. The fall of the New Order government in May 1998 marked the beginning of the reformasi era, and with new hope for better governance and democracy. Nevertheless, there seems to be a growing movement of kampung communities led by NGOs struggling for their right to the city. This dissertation is concerned with the struggles of kampun communities how they have evolved under the changing social and political changes in the reformasi era. It argues that the kampung communities' claims to lands were essential in gaining their social rights as citizens, and that the success of the outcomes depended on their ability to seize political opportunities. Through fieldwork in two kampungs, Kelurahan Kebon Kosong and Kampun Penas Tanggul, the research showed the complexities of power relations in land resulting from weak land management by the state. The distinction between legality and illegality is unclear, and depends on the social attitudes and relations between. the residents and government officials. The analysis of the findings showed the importance of the communities' claims on land and how they are related to gaining their social rights as citizens. The success of gaining claims to land depended on the empowerment of the community, which includes understanding their rights to land evolving from a locally based struggle to a network-based struggle with other kampung communities in Jakarta. The role of NGOs was crucial in the empowerment process, as well as in building strategic alliances with government officials. However, despite the change in the reformasi era that opened up opportunities for greater participation in development, the process is dependent on the response of the state, which unfortunately, is still trapped in the ways of the New Order government. These findings show the necessity of acknowledging the diversity of legality and illegality of land tenure at the kampung level, and finding alternative tenure arrangements for kampung settlements that are more feasible than individual land titles, yet could provide long-term certainty for the residents. The empowerment of kampung communities demonstrates the creation of a stronger civil society that could play a larger role in local land management. However, the major barriers have been the unaccountability of the state and the reluctance of state officials to open the door to wider participation. Without these changes, there is no doubt that any policy to improve security of tenure will fail.
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    The implications of urban land policy towards housing development in Indonesia : Surabaya as a case study
    Soemarno, Ispurwono ( 2002)
    There have been predictions that urban populations will increase dramatically around the globe, especially in developing countries. Cities become sources of progress, and urban productivity is crucial to national development. In developing countries, especially in Asia, cities often double in size and population within a decade. Despite being engines of socio-economic development, most Asian cities are, unfortunately, also sources of poverty and centres of environmental deterioration. As a consequence of the above facts, land inevitably becomes an important factor, and usually the most critical problem, in urban development. In Indonesian cities the development of land is managed through a system of permits, the first of which is the so-called location permit. The objective of this permit is to ensure that the intended investment is in line with the socio-economic policy of the government. It also gives the holder the right to invest in the property and leads to the right to buy land, wholly or partially, from whoever owns it. In practice, the permit confers a 'monopoly to purchase', and accordingly the permit holder can put pressure on the landowners by offering a very low price for the land that might be impossible for them to accept. In most cases, the permit holders can control the best part of the urban land, while low-income people are pushed to fringe areas. Access to urban land for housing activities by low-income people can thereby be restricted. At the same time the system appears to lead to fragmented, inefficient development and environmental degradation. The objective of this research is to explore alternatives for a land permit system that will be better suited for urban housing development in Indonesia. A case study approach was chosen, and Surabaya was selected as a case study city. There were four types of respondents for this research, namely government officials, staff of Real Estate Indonesia, housing developers and landowners. The research was done through the following steps. First, a desk study was carried out to gain sufficient information about the location permit process. This was used to prepare questionnaires for interview purposes and to identify potential respondents. Second, interviews were done with government officials connected with the location permit system, and with members of the Real Estate Indonesia association. By comparing these interviews, respondents from among the housing developers were selected and interviewed. In selecting the developers, the exact case study areas could be specified and the previous landowners could also be identified. The next interviews were carried out with the previous landowners as respondents. The interview results were then tabulated and analysed, and conclusions were extracted from this analysis. From the analysis it was found that the location permit system itself is not the whole problem. It is closely related to other problems, such as inconsistency in law enforcement, poor management, incompleteness or lack of regulations, ill-paid civil servants, and/or collusion and nepotism. If accountability and transparency were maintained while relevant laws were properly enforced, many of the above problems could be overcome. However, it is clear that the location permit system is so open to abuse that it would be sensible to explore alternatives that would achieve the desired ends without suffering the problems.