The role of licensed surveyors in the implementation of state land clearing permits: A comparative legal analysis

Abstract

Background: The administration of land affairs, including land clearing permits, falls under regional government authority in Indonesia. One mechanism is the State Land Clearing Permit (IMTN), which requires land measurement by licensed surveyors. However, regulatory ambiguity persists regarding the legal status and institutional role of licensed surveyors in the IMTN process, particularly in Samarinda City. This lack of clarity raises concerns about legal certainty and good governance. Methods: This study employs normative legal research using a legislative approach. Systematic and futuristic interpretations are applied to relevant laws governing land administration and IMTN procedures. A comparative analysis examines Malaysia’s institutional framework, focusing on the roles of JUPEM and the Land Surveying Institution (LJT), to identify regulatory improvements. Findings: The study reveals that Indonesian regulations do not explicitly define the scope of authority, responsibility, and accountability of licensed surveyors in IMTN implementation. Overlapping provisions between regional land offices and licensed surveyors create procedural inconsistencies and administrative uncertainty. The absence of detailed implementing regulations further complicates supervision, standardization of measurement results, and dispute resolution mechanisms. This ambiguity risks undermining transparency and weakening governance principles in land administration. In contrast, Malaysia’s institutional framework demonstrates clearer separation of authority, professional oversight, and regulatory supervision, ensuring accountability and procedural certainty in land surveying practices. The comparative findings highlight structural gaps in Indonesia’s regulatory design. Conclusion: Clarifying the institutional role of licensed surveyors through regulatory reform is essential to strengthen legal certainty and good governance in IMTN implementation. Assigning clearer responsibilities to Licensed Surveyor Services Offices (KJSB) would enhance accountability and procedural clarity. Novelty/Originality of this Article: This study integrates statutory interpretation with comparative institutional analysis, offering a concrete reform pathway to improve governance in Indonesia’s land clearing permit system.