APSN Banner

Indonesia passes land acquisition bill

Source
Reuters - December 16, 2011

Jakarta – Indonesia's House of Representatives on Friday approved a long-awaited land acquisition bill investors hope will give a big boost to government infrastructure projects in Southeast Asia's top economy.

The bill is an attempt to break the bottleneck in infrastructure development that has long been seen as holding back growth in Southeast Asia's top economy. It also presents major investment opportunities in a country where roads, ports and airports are overloaded.

The House, also known as the DPR, on Wednesday signaled it would pass the bill. A day later, Fitch Ratings gave Indonesia an investment grade rating, which could act as a spur to much-needed investment. Fitch had cited weak infrastructure as one reason why it had delayed the upgrade.

The controversial bill was passed despite a barrage of interruptions from members of the 560-strong parliament.

Shares in Indonesian construction, property and toll road firms have rallied this week on hopes the bill would be passed. Bankers say the delay in passing the bill has been holding up the dispersal of loans to companies for infrastructure development this year.

The main toll road operator, Jasa Marga had described the impact of the delay on its business as like a race car waiting for a track. Sucorinvest sees the bill as positive for firms such as PT Wijaya Karya, PT Citra Marga Nusaphala Persada and PT Adhi Karya.

Though the bill only applies to government projects, it is likely to benefit privately operated projects on government-bought land.

The government is relying on about $150 billion of private investment between 2010 and 2014 to overhaul its roads, railways and ports. Without better infrastructure, analysts say the country's growth may start to slow because of capacity constraints.

Human rights groups say the bill disregards traditional land rights and could lead to more conflict over land and forced expropriation of property.

Key points of Indonesia's new Land Law:

The House of Representatives (DPR) debated the bill, titled "land provision for the development for public interest," for a year.

Lawmakers discussed questions including regulatory certainty needed by businesses, government responsibility to fix infrastructure and the need for fair compensation for those whose land is acquired.

The bill covers infrastructure projects such as roads, dams, tunnels, railways, ports and airports, oil, gas and geothermal facilities, power plants and their distribution networks, hospitals and telecom networks.

It is limited to government projects but allows government to partner with state-owned firms and the private sector.

The bill shortens to two years the process of deciding on a project location, with an extension of one year.

Many delayed infrastructure projects in Indonesia are blamed on weak regulations, which were not strong enough to move people from land.

It is hoped the bill will solve the issue.

It gives a clear timeframe for land acquisition that includes decisions over a location, an appeals phase and compensation now to be decided by a court within 30 days.

It will also shorten the time it takes for infrastructure projects to acquire land.

Compensation can come in the form of cash, land swaps, share ownership, aided relocation and/or other forms agreed by both parties.

The bill gives local governments authority to decide on the location of a project. It equips the National Land Agency, or BPN, to oversee the acquisition process.

To become effective, the bill requires a separate presidential regulation, which government officials say should be next year.

Country