한국법제연구원 KLRI

Ⅰ. Purpose and Scope of Research
□ Indonesia and Korea almost started in the same time in reformulating their land law, but produced very different results. Comparing laws of the two countries may provide explanation for the striking difference. 
□ Overview of laws related to Land Rights in Indonesia is provided, and the primary laws on the issue are explained and analyzed more in detail in comparison with Korean laws.

Ⅱ. Contents
□ Land Rights Laws in Indonesia
○ The overlaps of land laws’ issues in Indonesia, including forestry, Adat, spatial planning, mining, etc have grown into complicated system since the enactment of the Basic Agrarian Law (BAL) 1960.
○ BAL recognizes Adat laws and customary rights, but is considered as ideal and not realistic; Basic Forestry Law (BFL) does not provide any protection on Adat laws and customary rights.
○ Constitutional court decided that BFL should amend to recognize Adat laws, although only in very limited span.
○ Land certification process in Indonesia has been slow and painful, and the difference between the customary perception on land and the legal protection provided increases disputes and conflicts, especially in Seram and Flores region where very low registration rate shows their reluctance to be bound by law.
□ Land Rights Laws in Korea
○ Historical Developments of Land Rights Laws in Korea are reviewed.
○ Various laws related to land rights are examined, while focus is placed on National Land Planning and Utilization Act, its restrictions on land use, and the relationship with ownership rights.
○ With the overhaul of land rights system, customary laws and possessions do not exist in Korean legal system any more.
○ Electronic registration system and the Real Estate Act are discussed to introduce Korea’s electronic registration system and concerns related to the law
○ When compared with Indonesia, comprehensive change in the land rights legal system in Korea brought about the subsequent developmental differences.

Ⅲ. Expected Effects
□ Through the comparative analysis on Land Rights Laws in Indonesia and Korea, this research aims to provide foundational knowledge on both countries for legal scholars for further research in detail.
□ This research report may be utilized as basic information for land rights laws in Indonesia and Korea.

Ⅰ. Introduction 9
A. Purpose of Research 9
B. Scope of Research 10

Ⅱ. Overview of Land Related Legal Framework in Indonesia 11
A. Basic Agrarian Law (“BAL”), an Overview 13
B. Basic Forestry Law(“BFL”) and its overlap with BAL 22
C. BFL and its Unconstitutionality 29
D. Land Rights, Tenure, and the Complexity 33

Ⅲ. Empirical Analysis on Land Rights Laws in Indonesia 39
A. Adat and Traditions in Indonesia’s Land Rights: Land Certification 41
B. Land Disputes 43
C. Choice of Law 44
D. Incompatibility of Adat Law, BAL and International Law on Land Rights 46
E. Forms of Land Registration and the Impact to Social Livelihood 48

Ⅳ. Comparison on Land Rights Laws in Indonesia and Korea 57
A. Historic Developments of Land Rights Laws in Korea 58
B. Land Use and Ownership in Indonesia and Korea 60
C. Registration of Land in Indonesia and Korea 61

V. Conclusion 63

References 67