Claim Missing Document
Check
Articles

Found 5 Documents
Search
Journal : Marcapada: Jurnal Kebijakan Pertanahan

Penyelesaian Konflik Penguasaan Tanah HGU dengan Masyarakat di Bengkulu Utara Rosi Pramula Anggriawan; Sutaryono Sutaryono; M. Nazir Salim
Marcapada: Jurnal Kebijakan Pertanahan Vol. 1 No. 1 (2021): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (640.273 KB) | DOI: 10.31292/jm.v1i1.2

Abstract

The increasing number of land conflicts, particularly over HGU (Hak Guna Usaha/Right to Cultivate) land, has far-reaching implications for the community. On the one hand, the community requires land, while on the other, the company seeks to defend what they consider are their rights. Because this argument attracts others, it is necessary for a government agency to act as a referee or facilitator to resolve the resulting conflict. The purpose of this study was to identify the factors that contribute to land tenure conflicts between the community and three companies that own HGU, as well as to explain the role of the Ministry of ATR/BPN in resolving those conflicts. The data collection method used in this study was a qualitative one presented in a descriptive manner, followed by a comparative/comparative analysis of the cases. The results suggested that the conflict arose because community members were inneed of land reclaimed on HGU land, while HGU holders made a little positive contribution to the residents surrounding the plantation. With regards to this situation, the Ministry of ATR/BPN attempted to resolve it through relatively effective methods, namely acting as a mediator and negotiator, delaying the HGU extension process, and eventually distributing some of it to the community. The partial efforts made thus far have been relatively effective and provide a sense of security for the landowners.
Ulayat Land and Agrarian Reform Policy in West Sumatra Arif Ihsan; M. Nazir Salim
Marcapada: Jurnal Kebijakan Pertanahan Vol. 1 No. 2 (2022): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (796.503 KB) | DOI: 10.31292/mj.v1i2.17

Abstract

One of the objects of Agrarian Reform in West Sumatra is the Ulayat Land. The practice is carried out by changing the status of Ulayat Land to state land through the mechanism of release by Niniak Mamak. Ulayat Land is a plot of heritage land and its natural resources obtained from generations as regulated by local governments both in designation and utilization. This study aims to explain why Ulayat Land is used as a Land Object of Agrarian Reform (TORA) in West Sumatra and why the mechanism of giving is individually and not collectively. With qualitative methods, this study analyzes the process and mechanism of assigning TORA Objects sourced from Ulayat Land to their redistribution. This study found that the determination of Ulayat Land to be state land which was then distributed to the Domo Tribe as one of the solutions offered by the Dharmasraya Regency Land Office and approved by the Nagari Customary Density (KAN). This policy is considered the best solution to save the Ulayat Land of the Domo Tribe, West Sumatra. The author concludes, to keep Ulayat Land maintained, the redistribution mechanism can be used to save Ulayat Land because all control is still under indigenous institutions (KAN). Even de jure, these lands have been redistributed to members of indigenous communities.
Re-Scanning the Electronic Certificate Infrastructure (Sertipikat-el) Diah Retno Wulan; M. Nazir Salim; Trisnanti Widi Rineksi
Marcapada: Jurnal Kebijakan Pertanahan Vol. 2 No. 1 (2022): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v2i1.24

Abstract

An electronic certificate (Sertipikat-el) results from a series of electronic land registration activities in electronic documents that should be digital eviden­ce. This paper describes the infrastructure of Sertipikat-el and offers steps that can be taken so that Sertipikat-el does not lose its essence as evidence of ownership and not ruled out in evidence at trial. Sertipikat-el in electronic documents does not violate the laws and regulations. Unfortunately, the electronic system used to create and manage Sertipikat-el does not meet all requirements so that it can guarantee that each component and the integration of all electronic systems continue to operate properly by minimizing the failure of electronic systems. Although Sertipikat-el has been determined in electronic documents, it has not been further regulated regarding data input and information. For this reason, there is a need for a complete revision of ministerial regulations and imple­men­tation related to electronic land registration at the technical level in the field. To ensure the used electronic system's essential function to create and manage the Sertipikat-el continues to run even in the event of a disaster or disruption, the electronic system needs to be registered. A reliability test and an audit from the competent agency are carried out. In addition, the system must also have archival functionality and be defined from the beginning whether the creation and management of Sertipikat-el are carried out in an electronic system or not because it will affect the method of presenting Sertipikat-el data as digital evidence at the trial.
Agrarian Reform and Indigenous Peoples: Land Management Practices of Boti Tribe Dwi Wulan Pujiriyani; M. Nazir Salim; Maya Rahelia Soinbala
Marcapada: Jurnal Kebijakan Pertanahan Vol. 2 No. 1 (2022): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v2i1.27

Abstract

The viability of traditional tenure practices is being dealt with seriously by the privatization process. In this case, it is necessary to take sides to save the remnants of the collective heritage management of the community over shared resources, one of which appears in the context of Boti Tribe. Through Boti, the vertical redistribution model and the horizontal redistribution model can be reflected simultaneously. This vertical redistribution is related to the authority of customary leaders in regulating land tenure and use for all members of the community. Meanwhile, horizontal redistribution is related to resource management carried out among community members. This system works simultaneously and does not present feudal obligations as the base of production relationships built in the feudal hierarchical system. Boti tribe is included in the category of people who are still alive and have tribal customary land areas so that their existence can be confirmed. After receiving recognition from the local government, the identification process can be carried out by recording, measuring, and mapping. If the final product is the issuance of certificates, the only suitable protection mechanism in the case of Boti Tribe is through the issuance of communal certificates.
Implementation of Village Land Utilization Policy in Bantul Regency Nor Farida Khasanah; Rofiq Laksamana; Nur Rahmanto; Ahmad Nashih Luthfi; M. Nazir Salim
Marcapada: Jurnal Kebijakan Pertanahan Vol. 3 No. 1 (2023): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v3i1.41

Abstract

The Special Region of Yogyakarta has experienced developments (or can also be termed as "regressions") in the enforcement of land regulation since time immemorial. A new chapter commenced following the enactment of Law No. 13 of 2012 on the Special Status of the Yogyakarta Special Region (UUK). One of the provisions in Article 7, Paragraph (2) of UUK pertains to land affairs, which, among other things, led to the issuance of the Yogyakarta Special Region Governor Regulation (Pergub) No. 34 of 2017 on Village Land Utilization. This research aims to identify the issues arising from the implementation of Pergub No. 34 of 2017 within the various institutions vested with authority in the implementation of this policy. A qualitative methodology was employed in this study, utilizing observation, interviews, and an intensive document analysis approach. Villages serve as the governing bodies directly responsible for Village-owned Land and are mandated to conduct an identification of Sultan/Pakualaman Ground for the purpose of changing its status to the ownership of the Sultan/Pakualaman. The Department of Land and Spatial Planning, acting as the facilitator for the planning and implementation of land affairs and spatial planning, subsequently carries out inventory, identification, and verification processes. Furthermore, it oversees the utilization of Village Land with the Right of Anggaduh. The implementation of Pergub No. 34 of 2017 on Village Land Utilization has been carried out by all relevant departments or stakeholders possessing authority and/or serving as facilitators on behalf of the Sultanate of Ngayogyakarta/Dutchy of Pakualaman.