PhD candidate Tristam Moeliono

Moeliono studied spatial planning, both on paper and in practice. In his research, he asks whether Indonesian legislation provides citizens with sufficient protection against unlawful conduct on the part of the government. Unfortunately, this turns out not to be the case. The local government is only focused on economic growth and shows little consistency in its policy regarding spatial management. In addition, the legislation proves to be ambiguous in cases where citizens are under threat of being driven away and respond by fighting for their rights.

In practice, permits are the most important policy instrument for land use. Overlaying the administrative structure, which was decentralised after the fall of Suharto, there is now a top-down planning mechanism. This leads to confusion on all fronts. Public servants determine the smallest details of what is allowed, without little or no consideration for the local population. Even when the permits granted clearly violate the rules, it is difficult to establish which institution one should approach. Moeliono’s case studies of West Java and Bandung present a pessimistic view of spatial management. In his view, the situation can only improve if the legislation is thoroughly revised and administrative practices modified.

Reerink investigated the effects of land registration on the security of land ownership in Bandung. His study shows that it is unclear whether the official land ownership certificates are equally effective for everyone. The whole idea behind such a land ownership certificate is that the inhabitants of the kampongs – traditionally the poor neighbourhoods – have legal security and are therefore motivated to invest in their housing. But the supposed connection between tenure and security in practice proves to be limited. In order to feel secure in their possession of a kampong house, most people just need a receipt from the land taxes; as long as the local administration leaves you alone, you’ll be fine.

Promovendus Gustaaf Reerink

Reerink argues in favour of a shift to programmes that will reinforce factual security regarding tenure. ‘In fighting urban poverty, such an increase of factual security should really be the priority.’ In his opinion, further reforms by the Indonesian constitutional state continue to be essential in order to avoid arbitrariness. Reerink’s advice: ‘Dutch development co-operation can play a role in this area; this has led to good results in the past.’