and high population density 14613.94 person m2 with 2.458.503 people. Meanwhile, in 2031
the population projections around 4.1 million with 17.000 Ha green spaces. Besides that,
percentage of land assests sertification by Bandung city government in 2014 amount 13
or 1.483.373 m
2
from 11.410.559 m
2
100 total Bandung city government land assets. It
risky to arouse land ownership conflict with public individuals or legal entities which
occupy the land for a long time. Because when the land is needed for development by
government, eac
h sides can’t prove the land ownership legalization.
With the land market that control the urban development and disguised the land social value,
it would be hard to realize the development plan. Therefore, as well as central government,
Bandung city government has to anticipate the impact of population growth and uncontrolled
development by implementing Land banking.
Based on consideration of efficiency, effectiveness, geographical conditions, human
resources and various other conditions, then the land acquisition can be delegated to local
governments in accordance with the Presidential Decree Number 40 Year 2014 on Amandement
of Presedential Decree Nomor 71 year 2012 on Arrangement
of Land
Procurement for
Development to Public Interest. Above the considerations with all the problems of
development and management of government land today, then it is important for local
government has fully authority for manage land affairs.
The ideal conditions of development could be realized if the local government has a spatial
planning agencies for control the direction of urban
development and
maintain the
development priorities for the public interest. Land banking which would be implemented by
the central government, could be a solution to solve the problems of urban spatial planning in
local governments. But before implementing the Land banking, Bandung city government must
have the administrative capacity to make sure that
land banking can be implemented
effectively and efficiently. It based on Ali Farazmand’s statement 2009: 1016 that
“nothing gets done without administrative capacity”. In line with the statement, Christine
Whitehead in Harold B. Dunkerley 1983: 128 contend that administrative capacity is one of the
success factors to overcoming the lack of local government ability for land acquisition and
development.
For more
discussed about
the administrative capacity, the author used the
administrative capacity theory from Ecorys 2011 that contain three elements, that is
structures, human resources and system. Each element contain some aspects. Structures contain
legislation, management and cooperation, human resources contain competences, staffing and
resource, and system contain information and communication technologies ICT, management
information systems MIS, finance, monitoring and evaluation. By each aspects, the discussion
for each elements would be directed to achieve the aim of this study, to indentify the
administrative capacity readiness of Bandung city
government for
land banking
implementation. I.
METHOD This study uses descriptive qualitative
research, with
data collection
through observation, interviews, study documents and
audiovisual material. Technique of determining the informant used purposive technique with the
number of informants were 9 people. The data analysis technique used data collection, data
reduction, data display and conclusion. To ensure the validity of the data, author uses the
triangulation of sources.
II. RESULTS AND DISCUSSION
1. Structure Element
On the structure elements, legislation aspect in Bandung city government is the basis
of the establishment of the management and cooperative effort to prepare the Land banking
implementation. The Bandung City government structure refers to Peraturan Pemerintah PP No.
41 of 2007 on Organisasi Perangkat Daerah that
governs the preparation of the based area on local government affairs. The affair made up of
local government compulsory and optional affairs that set in Law No. 23 Year 2014 on
Pemerintahan Daerah. It shows that the establishment of a regional organizations should
not be separated from the guidance of local government affairs and institutional forms.
In essence, the municipal organizations only consists of the Regional Secretariat,
Legislative Secretariat, Department, Regional Technical Institution, District and Sub-District.
However, in practice there are matters that can not be grouped in clumps of government affairs
has been set. Therefore, beyond the amount of their organization established by Government
Regulation No. 41 of 2007, local governments can establish another institution or a set of
regional work unitsSatuan Kerja Perangkat Daerah SKPD as a Regional Public Service
BoardBadan Layanan Umum Daerah BLUD.
In addition to institutional considerations, to establish a new regional organizations have to
according to legislative mechanisms in Bandung city government. As The Minister of Home
Affairs Decree Nomor 56 Year 2010 on the Amandement Minister of Home Affairs Decree
Nomor 57 year 2007 on Technical Guidelines for for Local Government Institution Arrangement.
In line with this, the formation of the Land banking as a new institution to be incorporated
into the Local Legislation Program Program Legislasi
DaerahProlegda to
establish regulations for the Land Banking, both changes
in existing legislation or create new legislation. Regarding Prolegda mechanism that set in the
Amandement Minister of Home Affairs Decree Nomor 1 Year 2014 on Policy Formulation for
Regional
Government. The
Regulation determined that a proposed regulation must first
be proposed by the proponent SKPD into Prolegda for lawmaking in the next year. Then,
in accordance with the needs of business submitted by proponent SKPD, the legislative
process followed in the decision-making process in order of priority Prolegda. In this study, the
following is a description of the legislation aspect for land banking implementation:
a. The early stage associated with the
changes in local regulations that applied. At this stage, the government separate the
functions
of land
management in
proponent SKPD. Perda can be changed by the SKPD that apply to renew the structure
refer to Prolegda ’s priority. Wherea sto
update the work procedures, need to change Perwal not referring to the
Prolegda ’s priority.
b. Advanced
stages related
to the
manufacture of new local regulations Perda. At this stage, Bandung city
government has set the institutional form of the Land banking. The institutional
regulations regarding the establishment of the Land banking as the department, the
local
technical institution
or other
institution. While if the Land banking set as BLUD, then there are two stages of
legislation that must be passed again in accordance with the form BLUD:
Land banking as BLUD SKPD, the
establishment of the Land banking begins with the formation of SKPD
through legislation that is then set as the CO-BLUD.
Land banking as BLUD Work Unit,
the establishment of the Land banking begins with the formation or
separation work unit manager of the soil through Perwal which is then
set as the BLUD.
From the central government that will implement the Land banking in 2017 if the local
government have fully authority of land affair, then Bandung city government can initiate the
legislative process after getting assurance regarding the regulation of the Land banking.
The establishment plan of the Land banking can be incorporated into the Medium Term
Development
PlanRencana Pembangunan
Jangka Menengah Daerah RPJMD year 2019- 2023. After the establishment of the Land
banking entered into RPJMD, then the government needs to determine institutional
forms that can support the business functions at the same banking services land sector.
Based on consideration of the affairs and functions of the Land banking, so this study
described it in terms of the Land banking BLUD Work Unit which is a form of the development
of the asset management function of government land from DPKAD. As BLUD, Land Banking
can implement the banking business while provide the land affair services. It has sameness
with the Land Banking in China, on the journal by Li Tian and Wenjun Ma 2009, said that
China change danwei into Land Banking to clarify the position of government as land
authorized. But in Bandung, the changed cannot direct into Bank form, because that excluded in
the exist regulatory about banking. So it formed into BLUD Work Unit.
After determine the organization’s form, BLUD Land banking will be filled by
government employees that will be discussed at the human resource element. In order to ensure
the establishment and operations BLUD Land banking in accordance with the needs and
statute, the central government from the beginning has been provide direction through the
substantive,
technical and
administrative requirements.
The whole process of the Land banking establishment is coordinated by the Legal and
Human RightsBagian Hukum dan HAM, then submitted to the Mayor through the Regional
SecretarySekretaris Daerah. The observations by the Land banking feasibility assessment team
also delivered the results of its assessment to the Mayor. So many parties involved in the
implementation of the Land banking, in addition to the involvement of local government agencies,
Bandung city government also need to conduct cooperation with other parties. The cooperation
is carried out by the government with central agencies, academic, even the Land banking in
other countries to increase scientific capacity for the implementation of the Land banking.
a.
Voluntary cooperation could be established with Makasar city government to transferred
the experience of land distribution mechanism in land banking concept.
b. Third party cooperation could be established
with private sector and local government bank to increase land value by land utilization and
CSR management
for public
interest development.
c. Cooperation
with another
country institution could be astablished with Korea
Land and Housing Corporation to join with sharing knowledge program
d. Cooperation with academician could be
established with Padjadjaran University to discuss the legal aspect by the expert from
faculty of law. Related to the cooperation concept for
Land Banking, Bandung city government already has the expert team since February 26
th
2015.
2. Human Resource Element
