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Function Transfer of Agricultural Land to Be Settlements and Tourism in Gianyar District, Bali

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Function Transfer of Agricultural Land to Be Settlements and Tourism in Gianyar District, Bali IRIANTO, Sigit. Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District, Bali Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District, Bali Sigit Irianto Universitas 17 Agustus 1945 Semarang, Indonesia, Email: [email protected] Komang Rio Anjana Universitas 17 Agustus 1945 Semarang, Indonesia, Email: [email protected] Widyarini Indriasti Wardani Universitas 17 Agustus 1945 Semarang, Indonesia, Email: [email protected] Abstract: The conversion of agricultural land is one of the phenomena of the conversion of agricultural land to non- agricultural land. This change is detrimental to the sustainability of agriculture in Gianyar Regency. In the last three years, the area of agricultural land that has changed its function in Gianyar Regency has reached 100 hectares. This happens because the need for land each year continues to increase both for settlement and for tourism and residential accommodation needs. The purpose of this study was to determine the factors causing the conversion of agricultural land in Gianyar Regency, and the implementation of the conversion of agricultural land for housing development and tourism accommodation that occurred in Gianyar Regency. The approach method used in this research is juridical empirical, descriptive-analytic research specifications, data sources are primary data and secondary data, data collection techniques by conducting interviews and literature study, data analysis methods with qualitative analysis. The factors causing the shift in the function of agricultural land in Gianyar Regency are due to economic factors, lack of farmer subsidies, and the high value of land tax objects that make farmers unable to defend their land, as well as the lack of law enforcement on land use change. The implementation of the conversion of agricultural land into settlements and tourism accommodation in Gianyar Regency will continue to occur because there is no regional regulation on sustainable food agriculture land. The government must immediately finalize the perda so that changes in land use in Gianyar Regency can be prevented. Key words: Transfer Function, Agricultural Land, Settlement, Tourism, Economic Factors. INTRODUCTION Constitutionally, the State has the power to regulate all matters relating to the land and natural resources contained therein. This is regulated in Article 33 Paragraph 3 of the 1945 Constitution which states that: “The earth, water, and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people”. Article 33 Paragraph 3 of the 1945 Constitution is the basis for a legal relationship between the land and the subjects of the land, and the State acts as the subject who has the highest control overall interests in land aimed at the prosperity of the people and development activities. The regulation of land as referred to in Article 33 Paragraph (3) of the 1945 Constitution is Article 2 Paragraph 1 and 2 of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (hereinafter abbreviated to BAL) which states that: “Based on the provisions in Article 33 Paragraph (3) of the Basic Law and matters as referred to in Article 1, earth, water, and space, including the natural resources 79 contained therein are at the highest level controlled by the State, as a whole power organization people”. Dialogos, v. 24, n. 2, p. 79-91, 2020 IRIANTO, Sigit. Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District, Bali The right to control from the State authorizes the State to: 1. Regulate and carry out the designation, use, supply and maintenance of the earth, water, and space; 2. Determine and regulate legal relations between people and earth, water, and space 3. Determine and regulate legal relations between people and legal actions concerning the earth, water, and space. According to Article 4 paragraph 1 of the BAL, the definition of land is as follows: Based on the state's right to control as referred to in Article 2, there are various kinds of rights to the surface of the earth, which are called the land that can be granted to and owned by people, both individually and together with other people and legal entities. Based on Article 4 paragraph 1 above, what is meant by land is the surface of the earth, while land rights are the rights to a certain limited surface of the earth, with two dimensions of length and width (Sumardjono, 1982). The term "master" does not mean to own, but it has the meaning of an organization of Indonesian national power, where the State is given the authority to regulate all matters relating to land (Limbong, 2013). The government as the representative of the State can regulate allotment, use of supplies, and maintenance of earth, water, and space including also on land (Gautmana, 1997). The utilization of land can be based on the function of land, namely for agricultural land and non-agricultural land. Agricultural land is usually used for agricultural business in the sense of encompassing rice fields, forests, fisheries, plantations, dry fields, pasture fields, and all other types of use commonly referred to as agricultural businesses (Sumardi, 2017). Non-agricultural land is the use of land for interests outside agriculture such as infrastructure, buildings, housing, housing, factories, tourism industry, and others (Zhu et al., 2014). The increasing need for land is precisely for non-agricultural needs, such as housing, factories, and the tourism industry. The need for land causes a lot of functions of agricultural land to non-agricultural land. Transfer of land functions is an activity of changing land use from an agricultural activity into another activity (Harsono, 2008). Transfer of land functions emerged as a result of development and an increase in population. Population growth and increasing land requirements for land development activities change the structure of land ownership and control over time. The rapid development of the industrial sector resulted in the conversion of agricultural land on a large scale. In addition to meeting the needs of the industry, the conversion of agricultural land also occurs quickly to meet the needs of housing that is much larger (Husein, 1995). The land-use change is also supported by social changes in the community and soaring uncontrolled land values, given the rapidly increasing non-agricultural needs. Social change in society is marked by the emergence of new social values that are individualistic and maximize profit about land ownership. The emergence of new social values that are different from the values adhered to in the Basic Agrarian Law causes land ownership to highlight its function rather than its social function. Limited land availability whiles the demand for land increases, resulting in the value of the land being expensive (Effendi, 1993). The land has high economic value. The high economic value of land following the development of human needs is greatly influenced by housing needs and tourism accommodation. Meeting these needs eventually led to the conversion of land which was originally agriculture into residential and tourism accommodation. Land becomes a profitable investment item and at the same time encourages speculation. The economic strength of the land also strengthens considering the value or price of land is highly dependent on supply and demand. When the demand for land increases, so too land is seen as a commodity. Strategic place and with good natural scenery will quickly change the land function from previously functioned as a rice field with the development of tourism around the land will be made into a tourist accommodation that can support the development of tourism. The definition of tourism and tourism according to the provisions of Article 1 paragraph 1 and 3 of Law Number 10 of 2009 concerning Tourism is as follows: "Tourism is a travel activity carried out by a person or group of people by visiting certain places for recreational purposes, personal development, or learning the uniqueness of tourist attractions that are visited in a temporary period of time". "Tourism is a variety of tourism activities and is supported by various facilities and services provided by the community, entrepreneurs, 80 government, and local governments". Along with the development of tourism, there is a lot of conversion of agricultural land into non-agricultural land. Conversion on productive agricultural land into residential land or tourism accommodation as a result of the Dialogos, v. 24, n. 2, p. 79-91, 2020 IRIANTO, Sigit. Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District, Bali many demands for housing and tourism accommodation. The transfer of function of agricultural land (conversion) is mostly done for the benefit of housing and tourism accommodation. As a result of the conversion of agricultural land is affecting the economic, cultural, and social sectors of the community. The impact of the conversion of agricultural land, among others, the State of Indonesia must import food to keep meeting the needs of the community. One of the provinces in Indonesia which is an international and national tourist destination is the Province of Bali. Bali is an international tourist destination and has formed a pivot for the development of the Bali region namely Denpasar-Badung-Gianyar-Tabanan (Sarbagita) as a fast developing region and a golden triangle development Bali's economy
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