Yustisia (Oct 2019)

STUDY OF THE HISTORY AND DYNAMICS OF THE AGRARIAN POLICY IN TRANSFORMING THE INDONESIA’S AGRARIAN REFORM

  • Triana Rejekiningsih,
  • Chatarina Muryani,
  • Diana Lukitasari

DOI
https://doi.org/10.20961/yustisia.v8i2.33610
Journal volume & issue
Vol. 8, no. 2
pp. 309 – 329

Abstract

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This study was conducted to find out: (1) the agrarian history as a milestone of the agrarian policy in Indonesia; (2) the dynamics of agrarian policy as a driving factor for the agrarian reform; (3) agrarian policy as a means of transforming the agrarian reform in Indonesia. This study is a normative juridical legal research with a historical approach, in addition to use conjunctural approach to examine the complex, historically specific, of various agrarian policies. The study concludes that: (1) Agrarian history is an important part of the agrarian policy realization, beginning from Dutch colonialism along with the dominated agrarian resources and the raise of peasant resistance against imperialism, this condition gave rise to the spirit of national movements and the birth of Law Number 5 of 1960 on The Agrarian Basic Law (hereinafter abbreviated to UUPA) as the basis for agrarian policy in Indonesia; (2) Not all the agrarian policies are oriented towards the objectives of the UUPA, often time they cause problems in their application, among others its irrelevant to principles of justice and people's welfare, land tenure disintegration, lack of certainty over the land rights, stand for the capital owners, opening up of foreign investors controlling agrarian sources, the designation of forest areas on people’s lands, nationalization of the plantations, repressive resolution of agrarian conflicts, and land certification which legalizes inequality land tenure structures; (3) agrarian policy is an important part of the process of realizing the agrarian reform, especially in the context of agrarian transformation towards the formation of a 'agrarian' society structure integrated into economic pillars to improve people’s welfare.

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