To Be Enacted Soon: Implementing Regulations for the Agrarian Reform Draft Bill Must Be Ready Within a Year

The House of Representatives (“DPR”) of the Republic of Indonesia will soon enact the Draft Bill on Agrarian Reform (“Agrarian Reform Draft Bill”). Muhammad Khozin, a member of Commission II of the DPR, stated that to achieve equitable agrarian reform, this regulation mandates a number of technical regulations in the form of government regulations (“PP”), presidential regulations (“Perpres”), and regulations issued by the National Agrarian Reform Agency (“BRAN”) as the implementing body.

“Yes, ranging from regulations on the institutional framework of the National Agrarian Reform Agency, the implementation of agrarian reform, to mechanisms for resolving agrarian conflicts,” Khozin told Hukumonline.

Based on the draft Agrarian Reform Draft Bill received by Hukumonline, all implementing regulations must be enacted no later than one year after this Draft Bill is enacted.

Specifically, the Draft Bill mandates a number of technical provisions to be regulated through PPs, including the organization of agrarian reform, the release of state assets for land restitution and redistribution, the resolution of agrarian conflicts, as well as maximum and minimum limits on land tenure and ownership.

Meanwhile, Perpres will regulate the institutional framework of BRAN, including its functions, duties, authorities, organizational structure, and Supervisory Board. The Perpres will also govern the transfer of personnel, funding, facilities and infrastructure, assets, archives, and documents to BRAN.

In addition, the Agrarian Reform Draft Bill mandates that BRAN issue regulations on public participation in the implementation of agrarian reform, as well as governance and positions within BRAN.