Modern Cadastre: legal and policy aspects
Well, there is a big will in my mind that always pushes me to write an article for my Sahabats GISer on the busy days finishing my final thesis. Thank you for your support, I have done most of the experiments successfully, Alhamdulillah….
In the previous article, we have discussed the drivers of change in cadastre. Those are environmental issues, globalization, and technology development. In this article, lets we continue to discuss about the modern cadastre which is mainly derived from Cadastre 2014 (International Federation of Surveyors (FIG)). There are some aspects which are relevant to describe a modern cadastre. We begin with the legal and policy aspects.
There are two types of cadastral systems: deeds system and titles system. The deeds system is recorded the transaction (who own what), while the titles system recorded and secured the title (what is owned by whom) (Enemark et al., 2005). Furthermore, FIG (Kaufmann and Steudler, 1998) also suggested that the title registration approach which is land related is more appropriate than the deed system in the modern cadastre because it has capacity to handle both individual and public rights. Another research comes from Rajabifard at al. (2005) which conduct of a research about the land administration in 34 countries. They conclude that the cadastral registration system is compulsory within a titles registration system in most countries. So, the titles registration system is the best choice for modern cadastre. That is, our country already implemented the title registration system.
Moreover, because of the fast growing of population, the public interest intervene the individual land rights. There are many conflicts between the individual and public rights. These conflicts appear because of the lack of management and coordination between the government and the public. Therefore, the government should establish cadastral policies to define clearly traditional, private, and public laws and publish them on an official public register to provide all obvious facts about land. So, the modern cadastre will handle complete circumstances of the land such as the rights and restriction on public interest. In this case, the government should be clear and transparent informing the public where the public land or private land. Also the government should socialize the spatial planning (RTRW) to the people in order to prevent potential problems in the future.
In addition, the modern cadastre will stand on the legal land object basis. The registration will be done after the land has been surveyed and has fix boundaries. This principal will deliver the efficiency and prevent the redundancy. This is standard procedures which should already be conducted by the land agency.
Finally, the modern cadastre has become the basic key to deliver security of tenure. Because the subsystems in the modern cadastre have been integrated with the same concepts and purposes, individual and public rights are protected. The government will establish the policies that guarantee the land title. In this point, we need to develop our legal and policies of cadastre and implementing them consistently to achieve security of tenure. This is still a serious homework for us.
The real example comes from the West where the ability of the formal system in protecting the ownership and give the security of the transaction have push the citizen to respect title and obey the law. Legal property boosts the commitment of all parts in a country to maintain the formal systems (De Soto, 2000).
DE SOTO, H. (2000) The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, London, Black Swan.
ENEMARK, S., WILLIAMSON, I. & WALLACE, J. (2005) Building Modern Land Administration Systems in Developed Economies. Spatial Science, 50, 51-68.
KAUFMANN, J. & STEUDLER, D. (1998) Cadastre 2014: A Vision for a Future Cadastral System Switzerland, Working Group 1, Commission 7, International Federation of Surveyors.