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Land Administration in Post-Disaster Areas: Case Study of Banda Aceh, Indonesia
On December 26, 2004, the world has evidenced one of the most horrible tragedies in history of humankind. Land administration sector was also badly influenced by the catastrophe. The cadastral offices in Province of Nanggroe Aceh Darussalam (NAD) and Nias were severely damaged by the tsunami. Most of cadastral records were lost or destroyed. The ground benchmarks, natural and man-made objects were also destroyed by tsunami and/or clearing out works in the tsunami affected areas.
With nothing left on the ground, the land administration processes should be started from the scratch. The Government of Republic of Indonesia (GoI) was quickly responding by publishing five-year master plan of rehabilitation and reconstruction of NAD and Nias, especially on the spatial layout and land affairs. Unfortunately, many have criticised the GoI’s master plan. Besides its macro scale (Kamil, 2005), Fitzpatrick (2005) underlined the relocation camps and coastal buffer zones proposals as promoting disquiet among Acehnese. Many of Acehnese just wanted to go home and resettled their houses in the exactly same location as their previous houses that are swapped by tsunami (Montlake, 2005).
NAD is well-know by its uniqueness among other Indonesian provinces since NAD has entirely different cultural background. As most of Indonesian region used to be ruled by Hindu and Buddha kingdom, NAD had only been ruled by several Islamic sultanates in different periods of time. Therefore, NAD has a strong Islamic culture. The implementation of Syariah, Islamic Law, has been strengthening the Islamic background of NAD.
Besides its strong Islamic background, Acehneses have also different customary land administration system than other Indonesian provinces. The Acehneses’ customary land administration system is basically originated from the Islamic culture. The Acehneses’ customary land administration system is basically intending to maintain sustainable development and promoting equality for every Acehneses to enjoy the outcome of development.
In order to focus on efforts of rehabilitating and reconstructing Banda Aceh, this study only highlights two out of three components of land administration, which are land tenure and land use. Land valuation, which is another component of land administration, is not included within this study due to the collapse of local governmental institution that is in charge in the valuation of land, as well as due to the prohibition of land transfer before the land administration system in Banda Aceh is working properly.
In this study of land administration in post-disaster areas in Banda Aceh, the effectiveness of policy of GoI on rehabilitation and reconstruction of land administration in Banda Aceh is being evaluated. The evaluation of policy of GoI on rehabilitation and reconstruction of land administration in Banda Aceh is performed with special references to the Acehneses’ customary land administration system, land administration theories and cases, Indonesian land administration policy and regulation and progress on rehabilitation and reconstruction of land administration in Banda Aceh.
During the performance of this research, interviews and literature study were held to gather information on above mentioned special references. Interviews were held in Banda Aceh, Jakarta and Bandung and covered the point of view of the decision maker, professional and intellectual on land administration field, as well as the aspiration of Acehneses and particularly the citizens of Banda Aceh. On the other hand, the literature study was particularly performed for collecting information on land administration theories and cases in post conflict areas. Moreover, information regarding Indonesian general and special land administration laws, regulations and policies for Banda Aceh was gathered during the performance of the literature study. Additionally, the aspiration of Acehneses, particularly the citizens of Banda Aceh was also acquired from the literature study, to complete the information gathered by interviews.
Having evaluated the contribution of Acehneses’ customary land administration system, it is concluded that the customary land administration system is still wanted to be applied in Banda Aceh, even though the Indonesian land administration system has been applied in there for almost half of a century. Some immediate actions on rehabilitation and reconstruction of land administration in Banda Aceh that are not in accordance with the customary background of Acehneses, such as titling the land under Indonesian land tenure regime, could still be applied during the phase of rehabilitation and reconstruction. However, the customary land administration system is still wanted by the Acehneses and particularly citizens of Banda Aceh to be applied in Banda Aceh in the future.
For evaluating effectiveness of policy of GoI on rehabilitation and reconstruction of land administration in Banda Aceh, a land administration system performance evaluation framework is developed in this study. The evaluation framework in this study is developed based on conventional land administration theories, as well as adopting the cadastral evaluation framework of Soft System Theory (see Barry, 1999; Augustinus and Barry, 2004). The land administration system performance evaluation framework comprises of three evaluation frameworks, which are evaluating the compliance level of land administration system and its components to the needs and wants of Banda Aceh citizens, as well as the fulfilment of objectives of the higher system of land administration.
Having compared the Indonesian land administration system and its implementation to the land administration theories, as well as to the state of land administration in Banda Aceh, Indonesian land administration system is lack of compliance with the land administration problems in rehabilitation and reconstruction of Banda Aceh. Several basic problems have been identified, such as dualism of land administration regime and lack of fulfilment of land registration features that are simplicity, security, affordability, currency and sustainability, as well as lack of realism, binding power, participation/consultation and human resource in Indonesian land use system.
Due to existence of previously mentioned basic problems, which leads to bad-operated and ineffective land administration system in Indonesia, immediate efforts are needed to address the land administration problem in rehabilitation and reconstruction of Banda Aceh. GoI, its representative and its partners in rehabilitation and reconstruction of land administration in Banda Aceh therefore have formulated regulations and guidelines regarding the rehabilitation and reconstruction of land administration in Banda Aceh. Having evaluated the policy of GoI on rehabilitation and reconstruction of land administration in Banda Aceh, it is concluded that the main problems of land administration in post-disaster areas, which are insecurity of land tenure and needs to address the effect of the catastrophe and disaster mitigation in spatial plan of Banda Aceh, have almost been solved. The policy of GoI on land administration in post-disaster areas in Banda Aceh also provides a means to fill the gap in Indonesian land administration regulatory framework, which could be employed as well in the future for advancing Indonesian land administration system.
Nevertheless, adoption of breakthroughs proposed by and performed under the policy of GoI on land administration in post-disaster areas in Banda Aceh might not be able to fully fill the holes left by Indonesian land administration system, such as the recognition of Acehneses’ customary land tenure (known as Hak Ulayat in Indonesian land tenure system) and no binding power mandated to relevant governmental institutions to enforce the implementation of spatial plan. Without efforts to address the basic problems in Indonesian land administration system, the land administration state in post-disaster areas in Banda Aceh might return to its initial state, even after fully accommodating the previously mentioned breakthroughs in the rehabilitation and reconstruction of land administration in Banda Aceh.
Therefore, besides adopting breakthroughs in the rehabilitation and reconstruction of land administration in Banda Aceh, this study recommends the government to provide supportive regulations to adapt to the customary background of Acehneses and Indonesia in general, as well as supportive regulations and procedures for accelerating the rehabilitation and reconstruction of land administration system in Banda Aceh. This study also recommends GoI to train and educate land administration professionals for ensuring the good performance of land administration, as well as to address the basic Indonesian land administration problems.
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Development Methodology for an Integrated Legal Cadastre
This Thesis describes the research process followed in order to achieve a development methodology applicable to the reform of cadastral systems with a legal basis.
It was motivated by the author’s participation in one of the first surveying and mapping operations for a digital cadastre in Portugal, and the problems faced by the cadastre, and more generally, the Land Administration System in Portugal.
After approaching Delft University of Technology (more specifically OTB Research Institute) with a research proposal mainly applied and restricted to the Portuguese cadastral situation, it was suggested to propose a new Cadastral Data Model, to be derived from the (then called) Core Cadastral Domain Model. This last model has evolved into the current Final Draft International Standard ISO 19152 - Land Administration Domain Model (LADM).
The use of LADM as a fundamental contribution to the research, along with the participation in its development, allowed to expand from an applied and focused research context, to a more generic and widely applicable one. Although the main Case Study is still describing Land Administration in Portugal, the resulting development methodology equally benefited from the study of country models developed elsewhere in the World (Iceland, Queensland (Australia) and Canada (federal land)).
The generic and worldwide nature of the LADM allowed thus to formulate the main aim and research question of this Thesis:
How can a system development methodology support in a efficient and flexible manner the creation of an integrated legal Cadastre, while addressing the interrelations between the technical, legal and organisational aspects?
The remaining paragraphs of the summary will report on how the resultant development methodology was obtained, as well as the actual products from the implementation test on the existent Portuguese Cadastral Model (hereafter referred as PT_CDM) leading to the single, most important outcome; the Portuguese country model, LADM_PT.
Starting from the more generic concepts applied to the development methodology, the systems approach as applied to Land Registries, which recognizes different aspects under which the system can be examined and described (technical, legal, administrative and institutional), was the underlying concept for this Thesis, resulting from the contribution from (Zevenbergen, 2002).
The technical aspects of an integrated legal cadastre, or more generically, a Land Administration System, were the ones that received greater attention. The software development life cycle methodology called Unified Process (UP) and the Model Driven Architecture (MDA) supplied the more important concepts and procedures to derive a specific country model from the domain model.
Both sets of concepts (UP and MDA) were adapted and merged into the development methodology, taking into consideration the specifics of the different aspects of an integrated legal cadastre.
The design of the different components (translated to UML packages in the country model) has used a number of existing standards and specifications from international organizations as ISO, the Open GIS Consortium (OGC), the World Wide Web Consortium (W3C) and the Object Management Group (OMG). This way, it is heavily standards based.
On the legal aspects, the most important input to the research was the Legal Model as developed by (Paasch, 2005). This provided an object-oriented view reflecting generic legal concepts, as abstracted from a number of Western Europe legal frameworks, and which can be applied (at least) to both countries with Civil Code and with Common Law based legislations.
The administrative aspects were equally considered, namely by the integration of elements belonging to that component in LADM, with specific classes present in the Portuguese Cadastral Model. Additional UP products, which included UML defined elements such as the Use Case Model and related Activity Diagrams reflecting cadastral update procedures, were developed in complement to the country model.
The main institutions related to a legal based cadastre, namely those related with the fundamental institution of Property and the related Real Rights, and those related to the cadastral surveying and mapping component, were studied and reported for the Case Study. Contribution from Social Sciences in the fields of institutional theory were considered, concerning the institution of Property. In particular, the ontology description of Property is compared to the Domain Model description, identifying its similarities and differences.
The following list of items reports on the products developed by the application of the development methodology. It follows the steps to get from the non-compliant, existing Portuguese Cadastral Data Model (PT CDM) to the LADM based country profile LADM_PT.
• Use Case Model, comprising a context and more aspect oriented Use Case Diagrams and the respective text templates. This is used to capture critical functional requirements, and constitutes a single inception iteration (according to UP).
• Vision document, identifying which problems the system will solve; who are the target users; what the system will offer in terms of features, and a listing of non-functional requirements. This is a result of the inception phase. The scope of the vision document is centred on two core capabilities, described next.
• Core Capability #1: Legal and Administrative component, covering the relation of Rights, Restrictions and Responsibilities (RRR) to the Spatial Units, through the Basic Administrative Unit. The terms name core classes belonging to the Domain Model.
• Core Capability #2: Geometric component, describing the organization of Spatial Units into different levels and considering geometry and topology constraints.
This component specifies also cadastral surveying classes.
• Iteration plan for the UP Elaboration phase, which considered separate iterations for the core capabilities, followed by an integration iteration. Each iteration comprises: A detailed Use Case; a Design Model; use of one or more LADM profiles (UML patterns); a complete design model; MDA transformations and ORM Mappings enabling the implementation into a spatial data base.
• Transformation chain (MDA) for the integrated model, merging LADM with the legacy model and considering the LADM profiles.
• Instance Level Diagrams, which document the application of the integrated model for a number of real life, concrete cases.
• Model constraints collected into an OCL file (a formal constraint language), tested for syntax, and from which additional code can be derived.
The fundamental contribution and answer to the main research question is thus the development methodology itself, whose products are referred above for the LADM_PT country model. But the research path followed to obtain this methodology provided
other contributions, which are summarized in the following list.
• Standards based modelling and development, namely considering geographic information (ISO 19000) series of international standards, OMG modelling standards for UML and OCL, or OGC standards in the spatial feature types.
• Development and later inclusion in LADM of spatial unit and legal profiles, specified as UML patterns which can be used in order to derive other country models besides LADM PT.
• Documentation of a series of specific Land Administration cases through the production of Instance Level Diagrams, which are annexed to the (ISO/TC211 Geographic Information / Geomatics, 2011).
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INSPIRE-compliant web services: The case of Narew National Park, Poland
The main objective of this research project was to assess the quality and feasibility of the guidelines for INSPIRE Network Services. The completeness, clarity, consistency and ease-of implementation of the guidelines were considered. Part of this assessment is also the question: how can INSPIRE compliance be tested and measured? The topic was tackled both from a theoretical and a practical point of view.
The theoretical part of the project included a detailed investigation and assessment of the INSPIRE requirements and recommendations as regards: technical architecture of the services, functionality of the particular network services, quality of services, rights management issues, elements of spatial data and metadata models. This part of the project has been finalized with the synthesis of the guidelines derived from the INSPIRE documentation.
The review of the INSPIRE documents showed that these guidelines are specific and clear enough in most points, however not yet complete. The status of work as regards the technical guidelines for particular INSPIRE Network Services is different. The topic which calls for particular attention is the adaptation of the INSPIRE services to SOAP bindings. Another item that is needed and that is currently missing in the guidelines is the provision of more strict rules for compliance testing (Abstract Test Suites (ATS) for INSPIRE services and data) and quality of service (QoS) testing.
The practical part of the project was the implementation of some prototype View and Download services. For the implementation of the prototype services existing software was chosen, namely GeoServer, one of the spatial data server products implementing the OGC standards. The specific scenario chosen for the case study are web services for a national park. The spatial data for the prototype was acquired from the resources of the Narew National Park (Poland).
The prototype was realized in order to validate and evaluate whether the Implementing Rules and other guidelines contained all necessary information to set up INSPIRE compliant web services, with special attention to the question how this ‘compliance’ can be measured using both manual and automated testing methods. First, the prototype has been evaluated for the compliance with INSPIRE guidelines by manual inspection of the prototype services. Secondly, the compliance test methodology proposed by OGC has been used to perform automated tests on the GeoServer instance.
The evaluation of the prototype showed that the web services provided with GeoServer fulfill the majority of requirements for View/Download Services through the WMS/WFS functionalities (mandatory operation parameters, offered output formats etc.) Some elements need to be configured within GeoServer (e.g. the required spatial reference system, layer/feature type names that conform to the INSPIRE data specifications). Still, some INSPIRE-specific extensions to the functionality provided by GeoServer are needed for both services (support of the SOAP/POST methods for the service operations, solutions for multilingual aspects of services and rights management). Another requirement for the INSPIRE-conformant web services is that the spatial data and metadata are provided compliant with the data models required by INSPIRE.
The study on compliance testing methodologies is followed by the recommendation that the standards and testing programs from ISO and OGC can be of particular relevance for the development of Abstract Test Suites for INSPIRE services. The reference framework for INSPIRE compliance testing can be partially based on the OGC Compliance & Interoperability Testing & Evaluation Initiative (CITE) testing program. The OGC tests are especially suitable as reference since the core technical specifications for implementation of the particular INSPIRE Network Services are the OGC web services specifications.
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