Vol.4, No.05, Mei 2023

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Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 482

Agrarian Law Enforcement In Land Dispute Settlement

Riza Endriyana

, Faisal Santiago

, Suparno

Universitas Borobudur

1,2,3

Email: r_endriyana@yahoo.com

, faisalsantiago@borobudur.ac.id

, suparno@borobudur.ac.id

Corresponding Author: r_endriyana@yahoo.com

ARTICLE INFO

ABSTRACT

Submitted

:02-04-2023

Received

:05-04-2023

Approved

:15-04-2023

Land ownership that is unfair to the community will offer

opportunities for some parties to act undemocratically by taking

land from the community. Conflict is a phenomenon that often

occurs in human life, and arises from the conditions of the diversity

of social systems. Conflict, no matter how it is seen, is inextricably

linked with social existence. Property rights according to Article 20

paragraph (1) of the UUPA, namely hereditary, strongest, and

fulfilled rights that people can own over land by considering that all

land rights have a social function. The review utilizes a

standardizing juridical methodology and the kind of legitimate

survey is an extensive investigation of essential lawful materials,

optional legitimate materials, and tertiary legitimate materials. The

consequences of this exploration are the goal of land debate cases

as specified in Regulation Number 51 of 1960, in Article 2 and

Article 6 passage (1) letter a, that the utilization of land without

consent from the legitimate individual or their lawful intermediary

is a disallowed act and undermined with criminal punishments.

Nonetheless, in tending to clashes and land debates that emerge,

one should take a gander at it according to a few points of view

while as yet focusing on equity and not hurting the two players, so

it isn't just seen from the side of the inhabitant's activities yet

additionally as far as the endlessly utilization of the land by the

proprietor if, as far as usage, the land isn't used ideally and even

appears to have been dismissed by the proprietor for roughly 15

years. Settlement of questions through consultation through

intervention is followed as the way to taking care of land issues,

remembering that the fundamental objective of intervention is to

determine issues, apply standards or make request, yet in its

execution, it should likewise be founded on broad standards.

Keywords: Agrarian, Land

Conflict, Land Ownership

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

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1. Introduction

Agrarian conflicts that have not been resolved to date are of course the responsibility of the

state in providing space for justice and prosperity for all people. The source of agrarian conflict

is inequality in the control, ownership, use, and use of land for the community, for example,

there are still many people who do not own land at all, but, there are several people who own

land with a wide distribution that exceeds the limit, therefore it is necessary to organize return

the structure to the purpose of the land.

Land ownership that is unfair to the community will provide opportunities for some parties

to act undemocratically by taking land from the community. Conflict is a phenomenon that

often occurs in human life, and arises from the conditions of the diversity of social systems.

Conflict, no matter how it is seen, is inextricably linked with social existence(Sumanto, 2020).

The government is accelerating agricultural reform as a way to reduce agrarian conflicts by

controlling assets and access. The implemented agrarian reform provides benefits for the

distribution of land ownership in society. At least the available land is not balanced with human

needs. In Indonesia, this situation gave rise to agrarian disputes. Even though the stages of the

resolution taken by the various parties to the dispute differ, the law, which does not only stand

alone but also has a close reciprocal relationship with society, must be upheld in resolving this

agrarian conflict. The impact of this agrarian conflict resulted in a sense of justice and legal

certainty that the community expected was not fulfilled, thus adding new problems whose

impact made matters worse. For this reason, in the process of resolving agrarian conflict

disputes, it must be able to put forward the principles of human rights (HAM), which do not

only prioritize legal formal law only to resolve conflicts over the expropriation of people's land.

One area that shows the prevalence of this social tension is the problem of agrarian

resources. Development on a large scale certainly has an explosive impact on agrarian disputes

that are growing. The government's role in resolving the issue of agrarian conflicts between the

community and various companies and the government in upholding justice and community

welfare has been questioned by several groups regarding this unresolved agrarian conflict. The

resolution of this case, of course, must be able to pay attention to decisions that are absolute

but must guarantee the fulfillment of the rights of the people who feel the loss, namely the

fulfillment of the desired rights so that the community feels that human rights are truly

protected, especially in fulfilling property rights. land as a source of life.

From a human rights perspective, because this is part of a human commitment by not

discriminating between powers in upholding the law, the government's role in carrying out its

duties must respect, safeguard and fulfill people's rights. According to Roscoe Pound's thesis,

the law is a tool for social engineering and a tool for social control. Agrarian problems will not

be resolved through agreements that always prioritize violence. Law, social science, or a

combination of the two perspectives can all be used to study how law functions in society.

The existence of land at any time will be the most important resource for the life of people

who rely on the land. For this reason, the land whose number will never increase is contrary to

the ever-increasing number of people, along with the increasingly complex needs and desires

for land (Arrsa, 2014) . The social impact of the agrarian conflict has resulted in a decrease in

the level of public trust in the government regarding the implementation of spatial planning.

During a conflict, the space over an area and over the land that is the object of the conflict is

usually in a state of status quo so that the space over the land in question cannot be utilized

(Ningrum, 2014) .

In addition, due to the ever-changing configuration of the land, the dimensions of land

conflicts between land rights holders who face the government and entrepreneurs tend to

change. It causes the emergence of various conflicts of interest that continue to develop with

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various modes and patterns, so a dispute resolution approach is needed that can provide justice

and legal certainty for both the community and business actors (Alting, 2013) .

In light of the setting over, this reasonable examination study looks at social improvement

in view of past investigations with respect to the dissemination of agrarian struggles between

networks, business visionaries, and the public authority itself. This agrarian struggle likewise

emerges from a primary setting, to be specific a few land strategies left by the New Request

which are as yet being completed by the public authority in the ongoing time of change.

2. Materials and Methods

In this review, the creators utilized a regularizing juridical methodology and the kind of

lawful survey was a complete examination of essential legitimate materials, optional lawful

materials, and tertiary legitimate materials (Soekanto, 2006) . The aftereffects of the

examination and conversation are portrayed in full, exhaustively, obviously, and deliberately as

logical work. Regularizing legitimate examination looks at regulations that are conceptualized

as standards or decides that apply in the public eye, and become a reference for everybody's

way of behaving. The pertinent legitimate standards are as composed positive lawful standards

framed by legal foundations (established regulations), codification, regulations, unofficial laws,

etc, composed lawful standards shaped by legal organizations (judge-made regulation), as well

as fake composed regulation closely involved individuals (contracts, authoritative archives,

legitimate reports, legitimate records, and draft regulations).(Abdulkadir Muhamad, 2004)

3. Results and Discussions

Arrangement of Property Ownership Rights

Right of ownership

Property rights according to Article 20 paragraph (1) of the UUPA, namely hereditary,

strongest, and fulfilled rights that people can own over land by considering that all land rights

have a social function. The characteristics of property rights are the parent of other material

rights, rights are complete in terms of quantity, permanent rights are not lost because of other

rights, and rights that contain the essence of all other rights (Lenaerts, 2019) .What individuals

can possess over land with the arrangements in Article 6 of the UUPA, to be specific heredity

implies that land proprietorship privileges can proceed with consistently as long as the

proprietor is as yet alive, and if the proprietor kicks the bucket, it can be continued by his heirs

as long as he meets the requirements as a subject of property rights, meaning ownership rights

to land are stronger when compared to usufructuary rights or other land tenure rights, as well

as the definition of Fulfillment means that land ownership rights give authority to owners who

are broad when compared to other land rights.

As described in the provisions in Article 22 of the UUPA, land ownership rights can occur

in 3 ways:

1) Land ownership rights that occur according to customary law, which is regulated

according to government regulations, from the elucidation of Article 22 it contains that

as an example of how property rights occur according to customary law, namely land

clearing.

2) Land ownership rights occur because of government stipulations. The property rights

referred to by the government are property rights given to the community over the

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land they control, usually through a certificate of land tenure which is then converted

for further processing to obtain a certificate of ownership rights.

3) land ownership rights occur because of statutory provisions. Property rights are

meant because of statutory provisions, namely procedural land ownership rights that

are determined based on legislation, for example, the BAL on agrarian principles,

which is a source of application for certification that applies nationally.

The foregoing shows that ownership of strong land rights is property rights, which have

strong legal force and give full authority to the owner, these property rights can be obtained

based on the mechanism of statutory regulations either through customary law, through

government regulations and so on based on legislation.

Basic Agrarian Regulations

While before the sanctioning of the fundamental agrarian guidelines, the law that was still

active was created in view of the objectives and standards of the pilgrim government and its

impact was serious areas of strength for exceptionally the interests of the provincial

government, to the place where it clashed with the interests of individuals and the express, that

this agrarian regulation had the idea of dualism, with the establishment of standard regulation

notwithstanding agrarian regulation which depends on western regulation so it doesn't ensure

legitimate conviction in regards to land proprietorship, components that depend on the

standards of strict regulation.

That the national agrarian law must provide certainty for the realization of land use that is

nationally in the interest of the state and the welfare of its people. In connection with this,

everything related to land needs to be stipulated in new statutory regulations and basic

provisions, with this in mind, the government issued laws contained in UUPA No. 5 of 1960, so

that as a whole the laws and regulations Invitation before the issuance of this law were

declared no longer valid and so on all mechanisms for land ownership and others must be

based on UUPA No. 5 of 1960 which applies nationally.

With the issuance of this LoGA, it aims to guarantee legal certainty regarding the Basic

Agrarian Principles, another objective of this Law is based on the understanding that the State

of Indonesia is an agrarian country where the majority of the population depends on the

agricultural sector, land management and utilization of natural resources. Land or land is very

important from a legal point of view because it relates to land ownership, processing, or

utilization rights, so a regulatory system is needed, for how the community can make the best

use of land and natural resources without causing conflicts of interest in society and

guaranteeing legal certainty for society, on this basis the UUPA No. 5 of 1960 concerning the

Principles of Agaria was enforced nationally.

Land Ownership According to the Basic Agrarian Law No. 5 of 1960

If we look at UUPA No. 5 of 1960, the law does not only regulate land but also land

ownership and if studied more deeply and further, it also regulates agrarian natural resources

in general and types of land rights, this is as stated in the article 16 paragraph 1 that the types

of land ownership are ownership rights, building use rights, usufructuary rights, usufructuary

rights, lease rights, rights to collect forest products, land clearing rights, and other rights.

If the above is examined in more depth in article 16, then the types of land rights are

categorized into three, namely land rights that are permanent, temporary land rights, and land

rights whose status is based on legislation, in the three categories These ownership rights fall

into the first category, namely efforts to use rights, property rights, building use rights,

usufructuary rights, rental rights, rights to collect forest products, rights to clear land.

Land proprietorship is one of the primary hotspots for the endurance and vocation of the

country in accomplishing individuals' thriving which should be conveyed reasonably and

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equitably, in this way land should be developed or used to satisfy genuine necessities. In such

manner, it is likewise important to manage the arrangement, distribution, use, control, and

upkeep of them to ensure legitimate assurance in their control and usage and simultaneously

give lawful security to the commoners, particularly the rancher bunch, while keeping up with

maintainability in supporting reasonable improvement economical exercises.

In connection with the above, all evidence of land ownership must be arranged and

limited regarding tenure. For further arrangement, the government is programming a national

land certification project which aims to find out and organize ownership so that each piece of

land is utilized for the welfare of the community, other things that are important so that there is

no double certification in ownership.

Application of Agrarian Law (UUPA No.5 1960)

As a general rule, policing be deciphered as a demonstration of applying specific

legitimate means to control, regulate and give lawful power to guarantee the assurance of the

arrangements specified, in the interim, as per Satjipto Rahardjo. Policing a cycle for

acknowledging lawful cravings (in particular the contemplations of the governing body which

are figured out in legitimate guidelines) to become reality (Rahardjo, 1983) .

Reasonably the above understanding alludes to the quintessence and importance of

policing lies in the action of blending the relationship of values and is converted into great

standards and is epitomized in a progression of values to make, endlessly keep up with

harmony in public activity, he further said The outcome of policing be affected by a few factors

that have an impartial significance so the negative or positive effect lies in the items in these

variables.

These elements are firmly connected with one another and are the embodiment and

benchmark of the viability of policing. These elements are regulation (regulation), policing, the

gatherings that structure or apply the law, offices or offices that help policing, where the law is

applied, and social variables, in particular the work, imagination, and taste in view of drive.

people in public activity.

Observing the above shows that the application of agrarian law must lay the foundations

for agrarian law that brings prosperity, happiness, justice, and legal certainty to the nation and

state, of course, all of these contain the values of the basic national agrarian law contained in

the BAL concerning The Basic Principles of Agaria, in the form of the right to control the

recognition of territorial rights and social functions, which aim to: Create a unification of

Agrarian law by Declaring that it is no longer valid (revoking/removing) old land law

regulations like above and states the enactment of national land law based on unwritten law

(customary law), as material for the preparation of national land law, which creates the

unification of tenure rights over land (land rights and collateral rights over land) through

convention activities.

West-righted lands as well as Indonesian-righted lands as a concrete relationship were

converted (converted) into land rights according to the Basic Agrarian Law simultaneously and

by law (rechtswege) as of September 24, 1960, declared to have been implemented nationally..

Settlement of Land Disputes outside the Court

As specified in Regulation Number 51 of 1960, in Article 2 and Article 6 section (1) letter

a, the utilization of land without consent from the people who are entitled or their legitimate

intermediaries is a restricted demonstration and is deserving of criminal punishments.

Nonetheless, in tending to clashes and land debates that emerge, one should take a gander at it

according to a few points of view while as yet focusing on equity and not hurting the two

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players, so it isn't just seen from the side of the inhabitant's activities yet additionally as far as

the endlessly utilization of the land by the proprietor in usage, the land isn't used ideally and

even appears to have been disregarded by the proprietor for roughly 15 years.

Therefore, as a manifestation of the government's desire and concern to deal with land

conflicts and disputes which have direct implications for "victims" in the land area, the Public

Land Organization is completing the order to deal with the land area by Article 2 of the

Prisedent Guideline (Perpes) Number 10 of 2010. 2006 concerning the Public Land Office has

the errand of doing government assignments in the land area broadly, locally, and sectorally,

shaping Representative V for the review and treatment of land questions and clashes (article

343 Guideline of the Head of BPN Number 3 of 2006 concerning the Association and Work

Method of the Republic of Indonesia's Public Land Organization Indonesia).

Guideline of the Clergyman of Agrarian Undertakings and Spatial Preparation/Top of the

Public Land Organization Number 11 of 2016 concerning Settlement of Land Cases is a lex

expert on Regulation No. 30 of 1999. 16 of 2016 Article 37 Section (1) which peruses: "Disputes

or conflicts as referred to in Article 12 paragraph (5) can be resolved through mediation"

Question goal through consideration through intervention is followed as the way to taking

care of land issues, remembering that the primary objective of intercession is to determine

issues, apply standards or make request, yet in its execution, it should likewise be founded on

broad standards as adheres to:

a. Voluntarily

This principle is crucial because the parties have free will to take legal action against the

object of the dispute. This is intended so that in the future there will be no objections

to the agreement that has been taken in the context of resolving the dispute.

b. Independent and impartial

Dispute resolution through mediation must be free from the influence of any party, both

from each party, the mediator, or a third party. For this reason, the mediator must be

independent and neutral.

c. Personal relationship between parties

Dispute resolution will always be focused on the substance of the problem, to find a

better solution than just the formulation of a good agreement.

In article 6 section (2) of the Guideline of the State Clergyman for Agrarian

Undertakings/Top of the Public Land Organization Number 1 of 1999 In regards to How to Deal

with Land Debates, it is stated that the handling of settlement of land problems/disputes at the

level of the Regency/Municipal land office is assigned to the Head of the Land Rights Section

with the assistance by the relevant official/officer from the Land Office.

The section head as an official at the regional Land Office prepares materials and carries

out activities for handling disputes, conflicts, and land cases as instructed in Article 1 Number

21 of Permen No. 11 of 2016. The land agency is an institution appointed to the settlement of

disputes over land cases by carrying out their duties by Permen No. 11 of 2016 concerning the

Settlement of Land Cases. The intervention cycle starts with a grumbling report from general

society as a composed solicitation submitted to the Top of the Land Office, joined by the

character of the complainant and a depiction of the case. After the complaint is received, the

officer responsible for handling complaints cases the complaint file meets the requirements and

the officer submits the complaint file to the official responsible for handling disputes and

administering the complaint into the complaint receipt register.

Moreover, Intervention exercises are completed in light of the arrangement of the

questioning gatherings by Article 38 section (1) of Ecclesiastical Guideline No. 11 of 2016.

Besides, in view of the choice of the Top of the Public Land Organization of the Republic of

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Indonesia Number 34 of 2007 concerning Specialized Guidelines for Taking care of and

Settlement of Land Issues Number 05/JUKNIS/D.V/2007 concerning Intervention Stages made

sense of that the intervention component comprises of three phases, to be specific pre-

intervention, intervention stages, and post-intercession systems.

The process of resolving land disputes outside the court in general can be done through

berbagai cara sebagai berikut:

a. negotiation

Negotiation is one of the main patterns or steps in Alternative Disputes Resolution

(ADR). Negotiations involve two or more interested parties. The goal is to reach an

agreement. That way they can work together again. Negotiation often occurs in the

business world because its essence is communication and bargaining (Yusriyadi, 2010) .

b. Mediation

Intercession is a jargon or term got from the English jargon, specifically intervention.

Indonesian essayists and researchers then, at that point, really like to Indonesian it into

"intercession" like different terms we are know all about: exchange turns into a discussion,

mediation becomes discretion, etc (Rahmadi, 2011) . As per Prof. Dr. Takdir Rahmadi,

intervention is a course of settling questions between at least two gatherings through

exchange or agreement with the assistance of an unbiased party who doesn't have the

position to choose. The success of a mediation process is very dependent on the

willingness of the parties to talk to each other and set the target of the discussion to find a

solution that is acceptable to each party.

c. Conciliation Process

Conciliation can be interpreted as an effort to bring together the wishes of the disputing

parties so that they agree to resolve the problem. Oppenheim said conciliation is "the

process of resolving disputes by submitting them to a commission of persons who are

tasked with elucidating or explaining the facts and usually after hearing the parties and

trying to get them to reach an agreement make proposals for settling the problem.

However, the decision is not binding.”(Abdurrasyid, 2002)

d. Facilitation

In cases involving more than two parties, a third party is required to act as a facilitator.

His job is to help litigants by finding a way out together. In this case, the facilitator only

provides facilities so that the communication of the parties is effective. These facilities

include liaisons, translators, joint secretariats, or meeting places.

e. Independent Appraiser Process

An independent appraiser is the use of an impartial third-party service. An independent

appraiser is one of the processes that can be used in settling a case, especially land cases

that are disputed between one party and another.

f. Arbitration

Civil procedure regulations or commonly abbreviated as Rv define arbitration as a form

of justice conducted by and based on the will and good faith of the disputing parties so that

their dispute is resolved by the judge(s) they appoint and appoint themselves, with the

understanding that the decision taken by the judge is final (decision at the final level) and

which is binding on both parties to implement it . Meanwhile, as indicated by article 1

passage 1 of Regulation no. 30 of 1999, discretion is an approach to settling a common case

outside a public court in view of a mediation understanding made recorded as a hard copy

by the gatherings to the debate. The method involved with settling questions through

mediation can be partitioned into two kinds, in particular:

• Ad, Hoc Arbitration This arbitration is also known as voluntary arbitration. This

type of arbitration was established specifically to examine and decide certain

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disputes out of court according to the needs of the time. This arbitration ends

when the arbitrator or arbitral tribunal has carried out their duties

• Institutional Arbitration, Institutional Arbitration is an arbitration institution or

body that is permanent and intentionally formed to resolve disputes between

parties out of court

g. Utilizing Customary Institutions

Standard privileges, for example, standard freedoms give position to standard

regulation networks to direct and oversee land use. This incorporates the position to

manage and decide the legitimate connection among individuals and land as well as the

lawful connection among individuals and regulations connecting with land

In a mediation process there will be an obstacle in carrying it out, the obstacle that is

often experienced is the difficulty of uniting the desires and interests of both parties, and

also each mediator's abilities are different. Difficulty in uniting the two parties is the

biggest obstacle experienced by the mediator because both parties to the dispute still

defend their rights and do not want to be harmed because their rights must be revoked.

The ability of different mediators in a mediation process where the mediator's task is to

identify issues that are a source of dispute between the two disputing parties. The

mediator must be able to build open communication between the parties because the

mediator is the place where the parties ask questions. The current land issue is very

relevant to study and consider in depth about land policies so far.

Obstacles that often occur when mediation is carried out to settle land boundary

disputes are that it takes quite a long time, the mechanism is difficult, it depends on the

good faith of the parties to be able to resolve the dispute to completion, mediation cannot

work properly if authority and information are not given sufficiently.

4. Conclusion

Land ownership that is unfair to the community will provide opportunities for some

parties to act undemocratically by taking land from the community. Struggle is a peculiarity

that frequently happens over human existence, and emerges from the states of the variety of

social frameworks. Struggle, regardless of the way things are seen, is inseparably connected

with social presence. Property privileges as per Article 20 passage (1) of the UUPA, to be

specific innate, most grounded, and satisfied freedoms that individuals can possess over land

by thinking about that all land privileges have a social capability.

UUPA No. 5 of 1960 this law does not only regulate land but also land ownership and if

studied more deeply and further, it also regulates agrarian natural resources in general and

types of land rights, this is as expressed in Article 16 passage 1 expresses that sorts of land

possession are property freedoms, building use privileges, usufructuary freedoms,

usufructuary freedoms, rent freedoms, freedoms to gather woods items, land clearing

privileges, and different privileges.

Settlement of land question cases as specified in Regulation Number 51 of 1960, in Article

2 and Article 6 section (1) letter a, that the utilization of land without consent from the

legitimate individual or their lawful intermediary is a precluded act and is deserving of criminal

punishments. In any case, in tending to clashes and land questions that emerge, one should take

a gander at it according to a few viewpoints while as yet focusing on equity and not hurting the

two players, so it isn't just seen from the side of the tenant's activities yet additionally as far as

the endlessly utilization of the land by the proprietor if, as far as usage, the land isn't used

ideally and even appears to have been disregarded by the proprietor for roughly 15 years.

Question goal through pondering through intervention is followed as the way to taking care of

land issues, remembering that the primary objective of intervention is to determine issues,

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apply standards or make request, however in its execution, it should likewise be founded on

broad standards.

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