Bahan Kajian MK. PSDA

PARADIGMA PENGELOLAAN LAHAN

Prof Dr Ir Soemarno MSpslp ppsub 2010

Pengelolaan Lahan = Land management

Land management adalah proses mengelola penggunaan dan pengembangan (di lingkungan urban dan rural) sumberdaya lahan dengan cara

yang lestari.

Sumberdaya lahan digunakan untuk beragam tujuan yang saling berinteraksi dan mungkin saling

bersaing satu sama lain; oleh karena itu, perlu merencanakan dan mengelola semua penggunaan

dengan cara terintegrasi.

KARAKTERISTIK LAHAN

Land, in an economic sense, is defined as the entire material universe outside of people themselves and the products of people.

It includes all natural resources, materials, airwaves, as well as the ground.

All air, soil, minerals and water is included in the definition of land.

Everything that is freely supplied by nature, and not made by man, is categorized as land.

LAHAN : Land is the entire non-reproducible, physical universe,

including all natural resources.

A land site includes everything within the earth, under its boundaries and over it, extending infinitely into space.

In addition to a location for a house or building, a land site would include the minerals, water, trees, view,

sunshine and air space.

The shape of the site can be described as an inverted cone with its apex at the center of the earth and

extending upward through the surface into space.

Pengelolaan Lahan Lestari

Sustainable land management means managing land without damaging ecological processes or reducing biological diversity. It requires the maintenance of the following key components of the environment:

Biodiversity: the variety of species, populations, habitats and ecosystems;

Ecological integrity: the general health and resilience of natural life-support systems, including their ability to assimilate wastes and

withstand stresses such as climate change and ozone depletion; and

Natural capital: the stock of productive soil, fresh water, forests, clean air, ocean, and other renewable resources that underpin the

survival, health and prosperity of human communities.

Land is often managed for multiple benefits, such as agricultural production, biodiversity conservation, water quality, soil health and

supporting human life. To ensure long-term sustainability, land managers need to consider economic, social and environmental factors.

Selecting Indicators to Evaluate Soil QualityThe Relationships among Sustainable Development, Sustainable Land ...

Sumber: agnet.org

Centre for SDI & LA :: The University of MelbourneThe land management vision below shows how land administration

processes ...Sumber: csdila.unimelb.edu.au

The Regional Institute - Publications... options for sustainable land use and land management decision making.

Sumber: regional.org.au

The Regional Institute - Publications... options for sustainable land use and land management decision making.

Sumber: regional.org.au

LAND RENT

Land rent is the price paid annually for the exclusive right (a monopoly) to use a certain location, piece of

land or other natural resource. People receive wages for work, capital receives

interest for investment, and land receives rent for the exclusive use of a location.

Equity and efficiency require that the local general public, who created land value, should be paid for

the exclusive use of a land site. That Payment is in the form of a land tax.

LAND RENT COMPARED WITH MARKET VALUE

Land Market Value is the land rental value, minus land taxes, divided by a capitalization rate.

Each of these terms is defined as follows:

1. Land Rental Value is the annual fee individuals are willing to pay for the exclusive right to use a land site for a period of time. This may include a speculative opportunity cost.

2. Land Taxes is the portion of the land rental value that is claimed for the community.

3. Capitalization Rate is a market determined rate of return that would attract individuals to invest in the use of land, considering all of the risks and benefits which could be realized.

4. Land Market Value is the land rental value, minus land taxes, divided by a capitalization rate.

The mathematical relationship is then:

Land Market Value =

 Land Rental Value - Land Taxes Capitalization Rate

Land Rental Value = Market Value  x  Capitalization Rate  +  Land Taxes

Sustainable Land Use and Urban Growth Management: Demand-Supply ...Sustainable Land Use and Urban Growth Management: Demand-Supply Factors and ...

Sumber: scientificjournals.org

The Message

•The Land Management paradigm is complex and highly interdisciplinary.

•Land and property must be viewed as an asset and a scarce natural resource. Proper management of land and properties is vital to achieving sustainable development.

•There is a need for institutional development to establish sustainable national concepts in this area. This includes the adoption of a holistic approach to land management.

•This calls for increased international co-operation.

You do not own land itself, but the right to use the land in conformity with community laws, practices and expectations

Responsibilities

Rights

Restrictions

Interests in land

Paradigma Pengelolaan Lahan

•The organizational structures for land management differ widely between countries. Within this country context, the land management activities can be described by three components in support of sustainable development.

•Land policies are part of the national policies on promoting objectives such as economic development, social justice, equity and political stability. Relates to security of tenure, efficient land markets, real property taxation, land use control, environmental management etc.

•The operational component of the land management paradigm is the range of land administration functions that ensure proper management of rights, restrictions and responsibilities.

•The land administration functions are based on and facilitated by land information infrastructures that provide complete and up-to-date information about the built and natural environment.

The Land Management Paradigm

Land Management is the processes by which the resources of land are put into good effect.

Source: Land Administration (Peter Dale and John McLaughlin)

(Land Tenure)(Land Tenure)

(Land Values)(Land Values)

Ministry for Finance

Legal profession

Ministry for Justice

Banks and Financial Institutions

(Land Use)(Land Use)

Ministry for Planning, Development and

Environment

Ministry for Agriculture and

Forestry

Sistem Properti: Tenure, Value dan Use

Cadastral Systems – the basic building block

Cadastral Systems is about identification of land parcels for the purpose of securing land rights, assessing land values/taxation, and controlling the use of land.

Sistem Cadastral

Sistem Cadastral

• The identification of land parcels in the cadastral system provides the basic infrastructure for running the interrelated systems within the areas of Land Tenure, Land Value, and Land-Use.

• Even though cadastral systems around the world are clearly different in terms of structure, processes, and actors, they are increasingly merging into a unified global model.

• This is due to some global drivers: globalisation and technological development. These trends supports establishment of multi-functional information systems with regard to land rights and land-use regulations.

• A third global driver is sustainable development with its demand for comprehensive information on the environmental conditions in combination with other land and property related data.

Land Registration Systems around the World

Deeds System (French): A register of owners; the transaction is recorded – not the title.Title System (German, English, Torrens): A register of properties; the title is recorded and guarantied.

Land Administration Systems

Land Administration Systems are concerned with the four land administration functions of land tenure, land value, land-use and land development.

Land Administration Systems …

Land Administration Systems …

Land Tenure:

1. Alokasi dan keamanan hak atas lahan;

2.the legal surveys to determine the parcel boundaries;

3. the transfer of property or use from one party to another through sale or lease; and

4. the management and adjudication of doubts and disputes regarding rights and parcel boundaries.

ADMINISTRASI LAHAN

Land administration is the way in which the rules of land tenure are applied and made operational. Land administration, whether formal

or informal, comprises an extensive range of systems and processes to administer:

1. land rights: the allocation of rights in land; the delimitation of boundaries of parcels for which the rights are allocated; the transfer from one party to another through sale, lease, loan, gift or inheritance; and the adjudication of doubts and disputes regarding rights and parcel boundaries.

2. land-use regulation: land-use planning and enforcement and the adjudication of land use conflicts.

3. land valuation and taxation: the gathering of revenues through forms of land valuation and taxation, and the adjudication of land valuation and taxation disputes.

Land administration is implemented through sets of procedures to manage information on rights and their

protection, such as:

1. Procedures for land rights include defining how rights can be transferred from one party to another through sale, lease, loan, gift and inheritance.

2. Procedures for land use regulation include defining the way in which land use controls are to be planned and enforced.

3. Procedures for land valuation and taxation include defining methodologies for valuing and taxing land.

Land administration requires actors to implement the procedures.

In customary tenure regimes, the customary leaders may play the principal role in land administration, for example

in allocating rights and resolving disputes.

In a more formal setting, land administration agencies may include land registries, land surveying, urban and

rural planning, and land valuation and taxation, as well as the court systems.

Where customary tenure has been recognised by the State, functional linkages are being developed between government and customary land administration bodies.

PENGUASAAN LAHAN = LAND TENURE

Land tenure is the name given, particularly in common law systems, to the legal regime in which

land is owned by an individual, who is said to "hold" the land (the French verb "tenir" means "to hold"; "tenant" is the present participle of "tenir").

A landholder or landowner is a holder of the estate in land with considerable rights of ownership

or, simply put, an owner of land.

Land tenure

Land tenure is the relationship, whether legally or customarily defined, among people, as individuals or

groups, with respect to land. (For convenience, “land” is used here to include other natural resources such as water

and trees.) Land tenure is an institution, i.e., rules invented by

societies to regulate behaviour. Rules of tenure define how property rights to land are to be

allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and

restraints.In simple terms, land tenure systems determine who can

use what resources for how long, and under what conditions.

Land tenure

Land tenure is an important part of social, political and economic structures. It is multi-dimensional, bringing into

play social, technical, economic, institutional, legal and political aspects that are often ignored but must be taken

into account. Land tenure relationships may be well-defined and

enforceable in a formal court of law or through customary structures in a community.

Alternatively, they may be relatively poorly defined with ambiguities open to exploitation.

Land tenure thus constitutes a web of intersecting interests. These include:

1. Overriding interests: when a sovereign power (e.g., a nation or community has the powers to allocate or reallocate land through expropriation, etc.)

2. Overlapping interests: when several parties are allocated different rights to the same parcel of land (e.g., one party may have lease rights, another may have a right of way, etc.)

3. Complementary interests: when different parties share the same interest in the same parcel of land (e.g., when members of a community share common rights to grazing land, etc.)

4. Competing interests: when different parties contest the same interests in the same parcel (e.g., when two parties independently claim rights to exclusive use of a parcel of agricultural land. Land disputes arise from competing claims.)

Land tenure is often categorised as:

Private: the assignment of rights to a private party who may be an individual, a married couple, a group of people, or a corporate body such as a commercial entity or non-profit organization.

For example, within a community, individual families may have exclusive rights to residential parcels, agricultural parcels and certain trees.

Other members of the community can be excluded from using these resources without the consent of

those who hold the rights.

Land tenure is often categorised as:

Communal: a right of commons may exist within a community where each member has a right to use independently the holdings of

the community. For example, members of a community may have the right to graze cattle on a common

pasture.

Land tenure is often categorised as:

Open access: specific rights are not assigned to anyone and no-one can be excluded. This typically includes marine tenure where access to the high seas is generally open to anyone; it may include rangelands, forests, etc, where there may be free

access to the resources for all.

(An important difference between open access and communal systems is that under a communal system non-members of the community are

excluded from using the common areas.)

Land tenure is often categorised as:

State: property rights are assigned to some authority in the public sector.

For example, in some countries, forest lands may fall under the mandate of the state, whether at a

central or decentralised level of government.

EXAMPLES OF RIGHTS

1. A right to use the land.2. A right to exclude unauthorized people from using the land.3. A right to control how land will be used.4. A right to derive income from the land.5. A right to protection from illegal expropriation of the land.6. A right to transmit the rights to the land to one’s successors, (i.e., a right

held by descendents to inherit the land).7. A right to alienate all rights to the entire holding (e.g., through sale), or to a

portion of the holding (e.g., by subdividing it).8. A right to alienate only a portion of the rights, e.g., through a lease.9. A residuary right to the land, i.e., when partially alienated rights lapse (such

as when a lease expires), those rights revert to the person who alienated them.

10.A right to enjoy the property rights for an indeterminate length of time, i.e., rights might not terminate at a specific date but can last in perpetuity.

11.A duty not to use the land in a way that is harmful to other members of society, (i.e., the right is held by those who do not hold the right to use the land).

12.A duty to surrender the rights to the land when they are taken away through a lawful action, (e.g., in a case of insolvency where the right is held by the creditors, or in the case of default on tax payments where the right is held by the state).

At times it may be useful to simplify the representation of property rights by identifying:

1. use rights: rights to use the land for grazing, growing subsistence crops, gathering minor forestry products, etc.

2. control rights: rights to make decisions how the land should be used including deciding what crops should be planted, and to benefit financially from the sale of crops, etc.

3. transfer rights: right to sell or mortgage the land, to convey the land to others through intra-community reallocations, to transmit the land to heirs through inheritance, and to reallocate use and control rights.

Modes of ownership and tenure

There are a great variety of modes of land ownership and tenure:

Traditional land tenure. For example, most of the indigenous nations or tribes of

North America had no formal notion of land ownership. When Europeans first came to North America, they

sometimes simply disregarded traditional land tenure and simply seized land; more often, they accommodated

traditional land tenure by recognizing it as aboriginal title.

This theory formed the basis for (often unequal and often abused) treaties with indigenous peoples.

Modes of ownership and tenure

Allodial titlea system in which real property is owned absolutely free and

clear of any superior landlord or sovereign. True allodial title is rare, with most property ownership in

the common law world (Australia, Canada, Ireland, New Zealand, United Kingdom, United States) being in fee

simple. Allodial title is alienable, in that it may be conveyed,

devised, gifted, or mortgaged by the owner, and may also be distressed and restrained for collection of taxes or private debts, or condemned (eminent domain) by the

government.

Modes of ownership and tenure

Feudal land ownership

a system of mutual obligations under which a royal or noble personage granted a fiefdom — some

degree of interest in the use or revenues of a given parcel of land — in exchange for a claim on services such as military service or simply maintenance of the land in which the lord

continued to have an interest. This pattern obtained from the level of high nobility

as vassals of a monarch down to lesser nobility whose only vassals were their serfs.

Modes of ownership and tenure

Fee simple.

Under common law, this is the most complete ownership interest one can have in real property, other than the rare

Allodial title. The holder can typically freely sell or otherwise transfer

that interest or use it to secure a mortgage loan.

This picture of "complete ownership" is, of course, complicated by the obligation in most places to pay a

property tax and by the fact that if the land is mortgaged, there will be a claim on it in the form of a lien.

In modern societies, this is the most common form of land ownership.

Modes of ownership and tenure

Native title.

In Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional

laws and customs.

Native title can co-exist with non-indigenous proprietary rights and in some cases different

indigenous groups can exercise their native title over the same land.

Modes of ownership and tenure

Life estate.

Under common law, this is an interest in real property that ends at death.

The holder has the use of the land for life, but typically no ability to transfer that interest or to

use it to secure a mortgage loan.

Model Kepemilikan dan Penguasaan

Sewa-menyewa = Leasehold or rental.

Under both common law and civil law, land may be leased or rented by its owner to another

party;

a wide range of arrangements are possible, ranging from very short terms to the 99-year leases common in the United Kingdom, and

allowing various degrees of freedom in the use of the property.

Model Kepemilikan dan Penguasaan

Easements

which allow one to make certain specific uses of land that is owned by someone else.

The most classic easement is right-of-way, but it could also include (for example) the right to run an electrical power line across someone else's

land.

Model Kepemilikan dan Penguasaan

COMMON RIGHT

Rights to use a commons, which may include such rights as the use of a road or

the right to graze one's animals on commonly owned land.

Land Administration Systems …

NILAI LAHAN = Land Value:

1. the assessment of the value of land and properties;

2. the gathering of revenues through taxation; and

3. the management and adjudication of land valuation and taxation disputes.

UTILITY, SCARCITY AND DESIRABILITY

Land value can be thought of as the relationship between a desired location

and a potential user. The ingredients that constitute land value

are utility, scarcity and desirability. These factors must all be present for land

to have value.

LAND VALUELand that lacks utility and scarcity also lacks value, since

utility arouses desire for use and has the power to give satisfaction.

The air we breathe has utility and is generally considered important, since it sustains and nourishes life. However,

in the economic sense, air is not valuable because it hasn't been appropriated and there is enough for

everyone.

Thus there is no scarcity -- at least at the moment. This may not be true in the future, however, as knowledge of air pollution and its effect on human health make people aware that clean and breathable air may become scarce

and subsequently valuable.

FAKTOR yang mempengaruhi nilai lahan

1. The physical attributes of land include quality of location, fertility and climate; convenience to shopping, schools and parks; availability of water, sewers, utilities and public transportation; absence of bad smells, smoke and noise; and patterns of land use, frontage, depth, topography, streets and lot sizes.

2. The legal or governmental forces include the type and amount of taxation, zoning and building laws, planning and restrictions.

3. The social factors include population growth or decline, changes in family sizes, typical ages, attitudes toward law and order, prestige and education levels.

4. The economic forces include value and income levels, growth and new construction, vacancy and availability of land. It is the influences of these forces, expressed independently and in relationship to one another, that help the people and the assessor measure value.

Nilai Pajak Lahan = Land value tax

Land value taxation (LVT) (or site value taxation) is an ad valorem tax on the value of land. This ignores buildings,

improvements, and personal property.

Because of this, LVT is different from other property taxes on real estate — the combination of land, buildings, and

improvements to land. Every jurisdiction that has a real estate property tax has an element of land value tax, because land value contributes to

overall property value.

Estimasi Nilai Lahan

The Nature of Land and Natural Resources Characteristics of Land Land Rent Compared with Market Value

Prinsip-prinsip Land Assessment : Utility, Scarcity and Desirability Limitations on Land Ownership and Use Factors that Contribute to Land Value Highest and Best Use of Land Procedures for Land Assessment :      Defining the Assignment      

Determining the Data Required and Its Source      

Collecting and Recording the Data      Verifying the Data      Analyzing and Interpreting the Data      Estimating the Market Values      Public Examination & Analysis Land Market

Values      

Periodic Updating of Assessments

Metode untuk Taksiran Nilai Lahan

Three Approaches to Valuing Real Estate Specific Methods Used in Appraising Land Value Sales Comparison:      Per Dwelling Unit Site      

Per Square-Foot       Per Acre       Per Front-Foot

Proportional Relationship Developmental Analysis Allocation Extraction Ground Rent Capitalization Subdivision Development Land Value Maps Computer Estimated Land Values

Estimating the Market Values

Once the analysis has been concluded, it will be possible for the assessor to make a rational estimate of the market

value of every land site. This estimate will serve as the basis for the value that will be paid by a site user for the

exclusive use of a location (site).

The assessor would assign preliminary land value estimates based upon the comparative estimated

usefulness and desirability of the sites. Initially, they could accomplish this task in a general manner, with the understanding that refinements would be made to reflect

new information and public opinion.

Specific Methods Used in Appraising Land Value

Procedures can be used to obtain land value indications.

Sales comparison -- Sales of similar, vacant parcels are analyzed, compared, and adjusted to provide a value indication for the land being appraised.

Proportional Relationship -- Relating a site to a known standard site. The difference can be expressed as a percentage. This procedure can be used when their is little value evidence in existence.

Specific Methods Used in Appraising Land Value

Land Residual Technique -- It is assumed that the land is improved to its highest and best use. All operating expenses and the return attributable to other agents of production are deducted, and the net income imputed to the land is capitalized to derive an estimate of land value.

Allocation -- Sales of improved properties are analyzed, and the prices paid are allocated between the land and the improvements.

Extraction -- Land value is estimated by subtracting the estimated value of the depreciated improvements from the known sale price of the property.

Metode Taksiran Nilai Lahan

Ground Rent Capitalization -- This procedure is used when land rental and capitalization rates are readily available,

as in well-developed areas. Net ground rent -- the net amount paid for the right to use and occupy the land -- is

estimated and divided by a land capitalization rate.

Subdivision Development -- The total value of undeveloped land is estimated as if the land were subdivided,

developed, and sold. Development costs, incentive costs, and carrying charges are subtracted from the

estimated proceeds of sale, and the net income projection is discounted over the estimated period

required for market absorption of the developed sites.

Land Value Analysis (LVA)

Land Value Analysis (LVA) was created by professional real estate operators in order to quickly conduct a land

development feasibility study on any land parcel suitable for development.

Land Value Analysis (LVA) was designed for use by land developers and builders who know the land development

business but may have only limited computer skills.

LVA is totally automatic and easy to operate...no training is required. A novice PC operator can answer simple

questions by filling the blanks and the Land Development Software will come up with a preliminary 'bottom line' in

short order including Internal Rate of Return (IRR) and Net Present Value (NPV) for all participants.

Land Value Analysis (LVA)

Land Value Analysis (LVA) was designed for use by land developers and builders who know the land development

business but may have only limited computer skills.

LVA is totally automatic and easy to operate...no training is required.

A novice PC operator can answer simple questions by filling the blanks and the Land Development Software will

come up with a preliminary 'bottom line' in short order including Internal Rate of Return (IRR) and Net Present

Value (NPV) for all participants.

Land Administration Systems …

Land-Use:

1.the control of land-use through adoption of planning policies and land-use regulations at national, regional/federal, and local levels;

2.the enforcement of land-use regulations;

3.the management and adjudication of land-use conflicts.

LANDUSE

Land use is the human use of land. Land use involves the management and

modification of natural environment or wilderness into built environment such as

fields, pastures, and settlements.

It has also been defined as "the arrangements, activities and inputs people

undertake in a certain land cover type to produce, change or maintain it" (FAO,

1997a; FAO/UNEP, 1999).

Guna Lahan dan Lingkungan

Land use and land management practices have a major impact on natural resources including water, soil, nutrients,

plants and animals. Land use information can be used to develop solutions for natural resource management issues such as salinity and

water quality. For instance, water bodies in a region that has been deforested or having erosion will have different water

quality than those in areas that are forested.

More recent significant effects of land use include urban sprawl, soil erosion, soil degradation, salinization, and

desertification.Land-use change, together with use of fossil fuels, are the

major anthropogenic sources of carbon dioxide, a dominant greenhouse gas.

Tutupan Lahan = Land cover

Land cover is the physical material at the surface of the earth. Land covers include grass, asphalt, trees, bare ground, water, etc. There are two primary methods for capturing information on land cover: field survey and

analysis of remotely sensed imagery.

Land cover is distinct from land use despite the two terms often being used interchangeably.

Land use is a description of how people utilize the land and socio-economic activity - urban and agricultural land

uses are two of the most commonly known land use classes. At any one point or place, there may be multiple and alternate land uses, the specification of which may

have a political dimension.

Perencanaan Lahan

Land use planning is the term used for a branch of public policy which encompasses various disciplines which seek

to order and regulate the use of land in an efficient and ethical way, thus preventing land use conflicts.

The Canadian Institute of Planners offers a definition that:

"[Land use] planning means the scientific, aesthetic, and orderly disposition of land, resources, facilities and

services with a view to securing the physical, economic and social efficiency, health and well-being of urban and

rural communities“

Land use planning encompasses the following disciplines:

ArchitectureEnvironmental planningGeographyLandscape architectureRegional PlanningSpatial planning Sustainable DevelopmentTransportation Planning Urban design Urban planning Urban Renaissance Urban renewal

Architecture, urban design, urban planning, landscape architecture and urban renewal usually address the selection of physical layout, scale of

development, aesthetics, costs of alternatives and selection of building materials and impact

upon landscape and species.

Environmental planning, will often address the implications of development and plans upon the

environment, for example Strategic Environmental Assessment.

At the very local level environmental planning may imply the use of tools to forecast impacts of development

decisions, including roadway noise, and pollution, surface runoff and flooding assessments.

Land Administration Systems …

Land Development:

1. the building of new infrastructure;

2. the implementation of construction planning;

3. the change of land-use through planning permission and granting of permits.

Pengembangan Lahan

Land development refers to altering the landscape in any number of ways such as:

1.changing landforms from a natural or semi-natural state for a purpose such as agriculture or

housing 2.subdividing real estate into lots, typically for the

purpose of building homes 3.developing property or changing its purpose, for

example by converting an unused factory complex into condominiums

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Pendekatan Konseptual

Overall Land Policy- Determine values, objectives and the legal

framework in relation to management of land as a legal, economic, and physical object.

- Basis for building sound land administration infrastructures.

Cadastral Systems - Identification of land parcels and securing land

rights- Facilitation of land registration, land valuation,

and land-use control - Underpinning sound Land Administration

Pendekatan Konseptual

Land Administration Systems - Administration of land tenure, land value, land-

use, and land development- Facilitation of efficient land markets and

effective land-use management- Underpinning sound Land Management

Land Management 1. Management of processes by which land resources

are put into good effect. 2. Facilitation of economic, social, environmental

sustainability3. Underpinning and implementation of sound Land

Policies