The Journal of Peasant Studies

International Journal of Criminology and Sociology, 2021

This writing aims to analyze and identify the legal regulations and politics of registration (certification) of land rights in the context of Indonesian land law, particularly in Law No.5 of 1960 on Basic Agrarian Regulations (UUPA) amidst various agrarian conflicts and legal certainty documents over land rights that occur in Indonesia. This research will also seek to find comparisons that regulate and the politics of registering land rights in other countries. This is a normative legal research method with a statute approach and a comparative law approach. The results of the research show that the UUPA is a legal product in the field of agriculture that is unification for all Indonesians which is a mandate of the provisions of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Various agrarian conflicts that occur in Indonesia are caused by problems with land titles. Legal certainty through the certification of land rights is the answer to what agrarian law politics wants, considering that to create agrarian politics that makes people prosperous, protection of the rights inherent in land is needed. Through a clear foundation of rights will be able to increase economic value for landowners and improve the welfare of the Indonesian people at large. The regulation and politics of land registration law in several other countries such as Singapore, Malaysia, Mexico and Ethiopia also show the certification of land rights as an effort to provide protection and legal certainty for land that is used for community welfare.

2015

Along the history of mankind, it has been proven that human life cannot be separated from land. Land serves fundamental functions for human life such as the resource to fulfil the human needs, the place to settle and live, etc. Humans then develop notions and values about land along with the development of their civilization, and since the socio-cultural development varies over many contexts, the notions and values about land are also diverse according to the socio-cultural context where such notions and values develops; it includes the law regulating land matters. In Indonesia, where economic development is highly relied on industrialization, land is utilized as resource for industrialization and it is regulated and justified by the state laws. However, due to its socio-cultural plurality, not all Indonesian people submit themselves under the rule of state law. There are traditional communities of Indonesian people who still defend their traditional institutions and customary laws ...

Asian-Pacific Economic Literature, 2016

Journal of Legal, Ethical and Regulatory Issues, 2021

Indonesia is ranked 4th as the country with the largest population in the world. As a result, land needs continue to increase, both as a place of residence, place of business and agricultural land. The problem at the moment is how to control the ownership and ownership structure of the land. The balance between the private sector and the interests of the community or individuals can be maintained. Following the mandate of the constitution and the mandate of the 1998 reform, land use must return to defend the people's economy. But why is the paradox of land tenure and ownership still happening today? This study aims to analyze land ownership based on people's economy according to land law in Indonesia. This study used a normative juridical method with a legal statement approach, a historical approach, a political law approach to land law, and an economic approach. The results of this study are policies on the control and ownership of land rights that have responded to the demands for reform, namely the welfare of the nation's children, which is regulated in the 1999 National Guidance and Decree of the Republic of Indonesia Number IX Year 2001 Presidential Decree Number 34 the Year 2003. It's just that the implementation has not been followed up because political dynamics at the time so that the opportunity and equality to obtain fundamental land rights for someone in developing a people's economy had not yet moved. Because agrarian reform regulated by Government Regulation Number 68, the Year 2019 has not been followed up.

International Journal of Law Reconstruction

This study aims to describe the authority to control land by the state in various legal and regulatory arrangements from the Basic Agrarian Law, constitution, and other derivative regulations. The object of this study is the various types of land rights that are stated in the various legal arrangements. The method used in this research is normative legal studies that examine legal products with a statutory approach. The findings describe that the 1945 Constitution and the regulations under it regulate how to obtain land rights in order to fulfill the nature and elements of the law. Some of the main things regulated in the legislation are in order to balance the public interest and the sustainability of the national economy. The findings have theoretical implications for regulatory arrangements on aspects that have not been regulated by law. The findings of this study underscore the importance of synchronizing land arrangements at the national level, as well as suggesting harmonizati...

2019

International Journal of Educational Review, Law And Social Sciences (IJERLAS)

Agrarian reform is primarily aimed at overcoming inequality in land ownership, realizing legal certainty, prosperity and welfare for the whole community. The research objective is to describe howthe development of agrarian politics related to agrarian reform, the implementation of agrarian reform in Indonesia and the obstacles faced in implementing agrarian reform. This type of normative legal research is descriptive and the statute approach and concept approach are used in this study. Secondary data that has been collected is analyzed qualitatively, and conclusions are drawn using deductive logic. The results of the study show that the politics of agrarian law related to agrarian reform in the Old Order, New Order and Reform Order eras have led to efforts to realize equal distribution of prosperity for all people. The implementation of agrarian reform achieved success achieved by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through the acceleration of ...

2006

This paper tries to accommodate De Soto's theory on formal legal property system as a way to eradicate poverty in developing country, such as Indonesia. Informal system of property, where the poor are mainly involved in shall be use as potential way to help them out of poverty. This paper argues that there are many obstacles for the system to work. Landlessness and land apartheid are widespread and this is due to factors such as vague and weak Land Law, abuse of social function on land principle and inadequate and inefficient bureaucracy. The absent of adequate legal paradigm and ideological preference on the Indonesian Land Law is also the main problem. In the conclusion it show that the socio-political and legal conditions in Indonesia have not been prepared for the theory of using formal legal property system to decrease the poverty level in Indonesia.

Indonesia Law Review, 2016

This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries' land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access lands or property rights of the peasants as citizens. Using some legal and anthropological approaches, this article finds that the statethrough its apparatuses in business units, legal enforcement agencies, government units, courts, etc-is trapped in a Stocksian Paradox that is worse than its original Latin American version because the state has a deep conflict of interest as one of the "counter-claimants" of the indigenous or peasantries' claim to rights to property/land. The authors recommend that although a robust civil society representing the peasantries is one of important parts in rights-reclaiming campaigns, the deeper Stocksian Paradox remains the biggest stumbling block in fulfilling state's roles as rights-givers to its citizens.

The article discusses a number of current assumptions about the history of Indonesian rights to land