A. Hadi, Herawan Sauni, Hamdani Ma'akir Bengkoelen Justice, Vol. 9 No.2 November 2019

THE MANAGEMENT POLICY OF STATE LANDS AS AFORMER OFRIGHT TO CULTIVATEIN REJANG LEBONG

By: Azman Hadi, Herawan Sauni, Hamdani Ma'akir

ABSTRACT

This research raises the issues related to the management of state lands as a former of right to cultivatein Rejang .In 1988, PT.Bumi Megah Sentosa obtained the right to cultivatefor an area of 6,925 hectares.The process of obtaining right to cultivate is gotten through community land acquisition, but PT. Megah Bumi Sentosa was not able to free it entirely therefore the right to cultivate was canceled.This research aims to find out and explain the management of state lands as a former of right to cultivatein Rejang Lebong Regency and the obstacles faced in the management of state lands as a former of right to cultivate in Rejang Lebong Regency.This research is sociological juridical with a qualitative approach.The analysis used in data management is qualitative analysis, namely the data obtained is selected based on the quality and truth according to its relevance to the research material. This research was conducted in the Rejang Lebong Regency of Province.The results of this research indicate that the management of state lands as a former of right to cultivate in Rejang Lebong Regency has not been maximized by the local government. On the former land ofright to cultivate, there are transmigration settlements that have no management rights and control of the original landowner community.The obstacles in the management of state lands as a former of right to cultivatein Rejang Lebong Regency were the different perceptions between the Regent of Rejang Lebong Regency with the Office of the Ministry of Agrarian and Spatial Planning / National Land Office of RejangLebong Regency.This research offers a scheme of alternative solutions to its main policies: Strengthening Community Rights with Agrarian Reform.

Keywords: State Land Management, Right to Cultivate

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A. INTRODUCTION cultivated with various 1. Background of Research activities.1 is one Article 33 paragraph country that has a large land (3) of the 1945 Constitution area.With a land area reaching mandates the state to be able to 191.09 million hectares, it is prosper the people through the largest 10 (ten) largest natural resource management country in the world.The extent in Indonesia.The State- of this land area is a blessing Ownership Rights (HMN) has and a gift from the Almighty, the authority to regulate the as well as a big job for the control, use and utilization of government and society at natural resources through the Indonesia to manage it. Along granting of authority, with population growth and the supervision and regulation in shift to industrialized countries each of the other ministries / has led to increasingly strategic government institutions. and increasingly complex Indeed, the UUPA agrarian management, spatial was made to regulate land planning and land in ownership and management Indonesia.The total area of and agrarian resources. The Indonesia is approximately UUPA states that all 840 million hectares, Indonesian people, especially consisting of 191 million the peasants and indigenous hectares of land and 649 peoples, have the right to million hectares of ocean. control and manage land for From the land area, about the people's welfare. Almost

124.19 million hectares 1 (64.93%) are still in the form Attachment 1 Minister of Agrarian and Spatial Planning / Head of of forests. The remaining 67.08 the National Land Office Number 25 of 2015 concerning the Strategic Plan of ha (35, 07%) has been the Ministry of Agrarian and Spatial Planning / National Land Office for 2015-2019 p.4

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half a century, after the birth of capital to control and own the UUPA, land ownership did people's land for economic not side with the small people. growth, therefore land became The ratio of land tenure in a commodity . Indonesia is close to 0.58. Its The agricultural mean that only about 1% of the policy in the new order- population controls 59% of oriented towards economic agrarian, land and space growth has resulted in the resources.2 occurrence of change in President JokoWidodo perceptions on land function as revealed that most farmers in one of the unique natural the village are landless farm resources. This is supported by workers and smallholders who changes in land policy (pro- only have less than 0.3 hectares people become prokapital) of land per person.3 The issue which proved to be getting of inequality in land tenure and away from embodiment access to land for farmers in equitable development results, rural areas is due to and it means that the more government policies since the difficult to achieve social New Orde era, the government justice.4 through policy opened up the The same thing was opportunities as much as also expressed by Herawan possible to the owners of Sauni that legal policy in that

era was directed at efforts to 2 "Ini dia capaian program facilitate development strategis ATR/BPN", Yokatta Magazine 27 Edition of III, 22nd Oktober-22nd activities that were the priority November, 2017. of the period. At that time the 3 Bey Machmudin, "PresidenJokowi : Lakukan segera Reforma Agraria", 4 Maria S.W.Sumardjono, "Tanah http://www.bpn.go.id/Berita/Siaran- dalam perspektif hak ekonomi sosial dan Pers, Accessed on Agustus 25th, 2016 budaya", PT.Kompas Media Nusantara, at21.00WIB. 2008, Jakarta. P.70

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Indonesian nation was actively seem to continue to roll. implementing development in Mastery and land use conflicts all fields, especially growth- between actors and oriented economic community groups involved in development, in the development continue to color development of development the nation's journey.6 law directed towards achieving In Rejang Lebong economic development. In this Regency there are 3 (three) era the law was called " a tool holders of Right to cultivate, of social enginnering " for namely: PT.Sembada economic growth.5 Nabracom location in Sentral The MPR Decree Baru Village Bermani Ulu No.IX / MPR / 2001 on District covering an area of Agrarian Reform and Natural 292 hectares of cocoa Resources management has plantations based on Decree provided a glimmer of hope for Number 36/HGU/BPN/1989 those who depend on dated in June 27th, 1989 with agricultural sector, especially certificate of HGU Number 1 farmers and farm workers who which will expire on December have not been able to enjoy the 31th, 2018. Next is PT.Budi fruits of development more Putra Makmur, located in Kayu equitably and honored. Manis Village, Selupu Rejang However, along with Subdistrict covering 301 the pace of development which hectares of Arabica coffee at this time has entered the era plantations based on Decree of reform problems and Number 22/HGU/BPN/1989 challenges in the field of land dated in April 6th, 1989 with

5 HerawanSauni, "Implikasi 6 HerawanSauni, "Politik Hukum Hukum Terhadap Pelaksanaan Program Agraria Kajian Atas Landreform Dalam Landreform di Indonesia", Equality Rangka Pembangunan Hukum Ekonomi Journal Vol.11 Nomber 1, 2006, P. 32- Indonesia, Pustaka Bangsa Press, 2006, 33. Bengkulu. P. 5

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certificate of HGU Number community of Suku Tengah 1/S/CRP/1989 which will Kepungut.7 expire on December 31th, 2019. These abandoned The third holder of plantations are then cultivated right to cultivate and became by the community with coffee the object of this research is and rubber gardening. Based PT.Bumi Megah Sentosa on data collected by the Akar (BMS) which is located in Bengkulu, in 2013 there were Kota Padang district with the about 414 Patriarch or area of 6925 hectares by the approximately 1,678 people, decree of Minister of Home who live on the plantation Affairs No. 03/HGU/1988 cultivation.8 In fact, this dated on February 12th, 1988 amount has increased again with a periode of 30 years for 7 Suku Tengah Kepungut is one of cocoa plantations and will the indigenous communities in the st Administrative Region of RejangLebong expire on December 31 , 2017. Regency, Bengkulu Province, The granting of right to administratively entered into the District of Kota Padang. Historically it was a cultivate to PT.Bumi Megah unit of the Lembak Nation and was located along the HuluMusi watershed Sentosa has caused people to with a pattern of customary institutions lose access to agricultural land with the Marga system which was based on geneological and territorial grounds and lose livelihood resourcesto and was headed by Pasirah. This customary institutional system refers to meet their daily needs. This is a family pattern that arises from a because the land that given to unilateral and patrilineal lineage and an exogamous marriage. But then the Local the right to cultivate even Indigenous Institution system called though it came from reserved Marga was removed through Law No. 5 of 1979 concerning Village land for large plantations, Government.

infactthe land was not a Free 8 Sugian Bahanan, State land but the land of the "PengembalianHakUlayatSuku Tengah Kepungut", farmers who belong to the http://www.akar.or.id/index.php/2013/0 1/18/pengembalian-hak-ulayat-suku- tengah-kepungut/ on February20th, 2016 at22.15 WIB.

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according to Sukaesih as many The management of as 489 Patriarch who worked state land is one of the on the former land of right to elaborations of the government cultivate.9 task in the land sector, while The relatedto the the task of government in the amount of abandonment of land sector itself is one of the right to cultivate by the rights elaborations of the authority to holder, the analysis of Anton Control State's Right11. After Lucas and C. Warren was being canceled and revoked the quoted by Salim interesting to Decree of Granting Rights to see. The emergence of large- the PT.Bumi Megah Sentosa scale policy in the New Order by the National Land Office in Era issued by National Land 2000, it turns out that until Office by issuing location 2017 the former land for right permits and granting right to to cultivate has not yet cultivate eventually lands that followed up the control and the are not used or abandoned. In Right to Cultivateby the fact, many of their attendants Regional Government of then mortagage it to the bank, RejangLebong Regency. This but after getting enough money condition lasted a dozen years they did not cultivate or without any maximum effort abandon their land.10 from the Regional Government of RejangLebong

Regency.Based on 9 Sukaesih, "Penguasaan Tanah thedescription above, then Negara Bekas Hak Guna Usaha PT.Bumi Mega Sentosa oleh masyarakat di Kecamatan Kota Padang Kabupaten Rejang Lebong", Thesis of Universitas 11 State Ownership Rights are Bengkulu, of 2017 P. 61 affirmed in the state constitution, namely Article 33 paragraph (3) of the 10 M Nazir Salim, "Membaca 1945 Constitution which states: "Earth Karakteristik Dan Peta Gerakan and water and natural resources Agraria Indonesia", Bhumi Journal, contained therein are controlled by the STPN Yogyakarta, Number 39 of 13, state and are used for the greatest April 2014, P. 418. prosperity of the people."

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author interested in conducting occurs in the community with the this research with the title intention to find out and find the "The Management Policy of facts and data needed, after the State Lands as aFormer of data needed was collected then Right to Cultivatein Rejang leads to the identification of Lebong Regency". problems which ultimately lead to 2. Identification of Problems the resolution of the problem. Based on the The method approach description above, the used in the research for writing identification of the problems this thesis was used a qualitative to be studied in this research approach.A qualitative approach are as follows, namely: is an approach that emphasizes in 1. What is the management terms of direct observation in a policy of state lands as participatory manner from the aformer ofright to cultivate researcher so that the phenomena in RejangLebong Regency? that occur as well as the 2. What are the obstacles and background can be revealed. In solutions in the management this approach, the sharpness and of state lands as a former precision of the researcher was ofright to cultivate in needed in observing and drawing RejangLebong Regency? conclusions on visible phenomena. B. RESEARCH METHODS The primary data in this This research was study were obtained by asociological juridical collectingdata through interview orempirical, namely reviewing the techniques with informants who applicable legal provisions and are directly involved and then the what happens in reality in data was processed by the author society.Or in other words, a himself. The informants who are research conducted on the actual the primary data sources in this situation or real situation that research were:

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a. Regent of RejangLebong Resources and Migration of Regency Rejang Lebong Regency. b. Head of Regional Office of the The data analysis Ministry of Agrarian and method that was used in this Spatial Planning / BPN of research was qualitative analysis, Bengkulu Province where the data obtained for this c. Head Office of the Ministry of research, either primary or Agrarian and Spatial / BPN of secondary were selected based on RejangLebong Regency. the quality and validity relevant to d. Sub-Division Head of Land the research material. The data Reform and Land analysis was conducted by with Consolidation of Ministry of drawing a connection between the Agrarian and Spatial Planning field data and theoretical elements Office / National Land Office or law decision. This research data of Rejang Lebong Regency. were analyzed qualitatively by e. Department Head of the describing the state land Department of Social Affairs, management policy on the land Manpower and Transmigration, which was previously used as Rejang Lebong Regency. Right to Cultivate in Rejang The secondary data in Lebong Regency and this research included books and investigating any alternative research in the forms of report, S1 solution that could be taken. Then, research report, thesis, and the researcher analyzed the journal. Besides that, this research obstacles of state management also needed the secondary data which was previously used by that were collected from various Rights to Cultivate in Rejang government institutions, among Lebong Regency, so the root them were: Central Statistic Body problem could be located as well of Rejang Lebong Regency, as the possibly applicable solution Welfare Offices, Human to make the state land management be better.

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C. RESEARCH RESULT AND development of production DISCUSSION development business in 1. The Land Claim of PT. Bengkulu Province in 11th of BumiMegahSentosa' Right to November 1988, the Bengkulu Cultivate. province Governor gave a The land claim of Right principle agreement for the to Cultivate of PT. Bumi reserving land which was 7000 Megah Sentosa can be traced hectare for cacao plantation back to the letter number: registered as PT. Bumi Megah HK.350/Ec.220, Minister of Sentosa with a letter Number Agriculture Cq. Farming 525/3083/B.6/86 on November General Director that gives an 17th 1986. agreement for the principle of In responding to that the development of cocoa principle agreement, on the 6th plants with 7,000 hectare in the of Pebruary 1987, Regional area of Padang Ulak Tanding Capital Investment District of Rejang Lebong Coordinating Board of Regency, Bengkulu Province. Bengkulu Province sent letter Giving the agreement of the sent to Regent / The Level II principle of Cacao plants Regional Chairman of development to the PT. Bumi RejangLebong Regency to give Megah Sentosa is based on the full support to the PT. Bumi letter of request for license of Megah Sentosa in order to run the development of Cacao Cacao Plantation Event in plants in Bengkulu from the RejangLebong Regency Area. director of PT. Bumi Megah 1213 After that, PT. Bumi Sentosa Land Number S.1186 Megah Sentosa through the in 6th of November 1986. 12 See the copy of Regional Then, based on the the Capital Investment Coordinating Board letter of Bengkulu Province Number review result of the land 1425/II/BKPMD/1987 on 6th of consideration team for the February 1987.

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letter number 13 dated on 6th of summary on the 27th of June February 1987 proposed 1987 Number 11/RSL/B/1987, location license request and stated that that request could be land acquisition/ purchase with granted to be given the Right to 7000 hectares located in Derati Cultivate for the area of 7000 Village Subdistrict of Padang ha because that location had Ulak Tanding of Rejang been set for a big Plantation in Lebong Regency. That Bengkulu Province. That proposal was granted by the requested land of the Right to Governor of Bengkulu Cultivate by PT. Bumi Megah Province through a Letter of Sentosa, after being treated Decision Number: using Cadastral measurement; 160/IL/II/BKPMD/1987 on it was found that the March 14th 1987 in Location circumference of 6925 hectares Permit and Land Acquisition/ put on the Situation Map dated Purchase on 7000 hectares for on 31st of August 1987 Number the Cacao Plantation registered 20/1987. as PT. Bumi Megah Sentosa on Beside that, The Derati Village of Padang Ulak Council Team of Right to Tanding Subdistrict of Rejang Cultivate of the Big Plantation Lebong Regency. in Jakarta has given their PT. Bumi Megah consideration to the Minister of Sentosa applied for Right to Internal Affair to make that cultivate using a request be granted, being given recommendation from Capital the right to cultivate for 30 year Investment Coordinating Board on the land as wide as 6925 of Jakarta on 21st of July 1987 hectares. Based on that, the Number 433/A.4/1987. letter of decision of minister of Because of that request, The Internal Affair Number Land Investigation Committee 03/HGU/1988 on 12th of B of Bengkulu Province in its February 1988 on the grant for

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the right to cultivate registered 1997/1998; the plantation lands as PT. Bumi Megah Sentosa, that were located in Rejang with specific purpose of Cacao. Lebong Regency including The letter of decision Plantation of Class V were of Minister of Internal Affairs untreated. Then, the Governor, Number 03/HGU/1988 on 12th the Provincial Head of of February 1988 is the basis of Bengkulu Province with the the issuance of Right to letter Number 167/1999/I/B.1 Cultivate for Business proposed a revocation right on Certificate Number 1/RL/1988 the Plantation Lands of PT. registered as PT. Bumi Megah BumiMegahSentosa. Then, the Sentosa, located in Jakarta General Director of Plantation, particularly Merantau Village, Forestry Department and Lubuk Belimbing I, Karang Plantation on the date of Baru, Tanjung Heran, Suka February 18th 2000 with the Merindu, Kikim, Lubuk letter Number 88/VII- Mumpo, Kota Padang, Suka PKU/2000 also proposed a Rami, and Taba Anyar revocation on the Grant of Subdistrict of Kota Padang, Right to Cultivate and Rejang Lebong Regency with Revocation on the Plantation situation picture Number Land of PT. 134/1988 on 14th of April 1988 BumiMegahSentosa to the with 6925 Hectares. Head of National Lands 2. Revocation of Right to Authority (BPN). In addition, Cultivate of PT. the Regional Head Office of BumiMegahSentosa National Land Authority (BPN) On the 24th of of Bengkulu Province with the November 1999 there was a letter number 500-081 on 31st letter Number 525.29/889/6 of January 2000 proposed to stated that based on the the Head of NLA of RI to classification of Plantation revoke 7 (seven) of right to

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cultivate for the untreated lands 6th of June 2002 on the in Bengkulu Province, one of Regulation of the right to them was the right to cultivate cultivate and for possession of of PT. BumiMegahSentosa. land for the former lands of In the year of 2000, Right to Cultivate located in the letter of decision of The the Regency of RejangLebong. Head of National Land a. the Proposal for the Land Authority (BPN) No.11-VIII- Location of Land Reform 2000 on the revocation of the Object. Right to Cultivate and Letter of Even as collectively Decision of Rights to Cultivate has even been proposed by on Lands located in Bengkulu the village of Sukamerindu Province. and Sukarami. In responding 3. The Management of State to that request, the office of Lands as a Former of Right Land of Authority in 2016 to Cultivate of PT. made an effort to make the BumiMegahSentosa Land Reform Object (TOL) Since the Right to which was planned to be Cultivate was revoked and distributed to the society. rescinded, that lands were The first step taken by the cultivated by the surrounding Office of Land Authority of society as plantation several RejangLebong Regency was people have ever proposed a conducting initial survey. request of right of possession to The purpose of this survey the office of land of Authority was to ensure that the land of RejangLebong Regency. condition should be free However, that request was from any disputes or clear or always rejected as the office of clean. 14 Land Authority always held to

the Letter of Bengkulu 14The interview result with Governor Number 286/2002 on Subsection Head of The Land Authority Office of RejangLebong Regency, on 6th

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Based in that initial RejangLebong Regency survey result, the head of asked the Subdistrict Head land authority office of of Kota Padang, The Village RejangLebong Regency by Chief of TabaAnyar, the letter Number 148/1- Village Chief of Derati, The 17.01/III/2016 propose the Village Chief of location of event for the land LubukMumpo and The certification through land Village Chief of Sukarami to redistribution occasion. enlist the society who Based on that proposal , the cultivated the former lands regional office of Land of right to cultivate of PT. Authority Issued a Letter of BumiMegahSentosa , which Decision Number 25/Kep- can be seen at the table 1 as 17.14/I/2016 on the 28th of follows: January 2016 on the location Table 1: The Number of Farmer decision of the Land Reform that Cultivated Former Land of Object Redistribution in Right to Cultivate of PT. Bengkulu Province budget BumiMegahSentosa in year of 2016, one of the RejangLebong Regency. contents declares the areas N Subdistri Num Land The of Kota Padang District o ct/ ber Num Width consisting of 5 villages Village of ber of which were: Subdistrict of Farm Cultiv Kota Padang, TabaAnyar er ated Village, Sukarami, Land LubukMumpo and Derati. (Ha) Accroding to the 1 Kota 122 197 333 Letter Number 19/1- Padang 17.01/1/2016, the Head of 2 TabaAny 73 98 210 Land Auhority Office of ar of March 2018, at 08:30 IWST.

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3 Derati 118 245 257 of former Right to Cultivate Land in Bengkulu Province. 4 LubukMu 50 115 150 Furthermore, Governor also mpo issued Letter of Decision 5 Sukarami 32 64 90 Number 286 2002 on the Total 395 719 1.040 Regulation of Possession Source: Office of Agrarian and and Cultivation of Land Spatial Planning/National towards the former land of Land of Authority of the Right to Cultivate one RejangLebong Regency, that was located in the 2018 RejangLebong Regency.1514 However, before the b. Application of Rights to issuance of the Governor Manage Migration Letter of Decision Number Based on the 286 2002, the Regent of interview result with the RejangLebong Regency had former of Head of Land also issued the Decree of Authority Office of Regent number 631 2001 on RejangLebong Regency, Mr. the Appointing of Land Supriyadi, BR, (now he Reservation for Origin serves as Head Division of Settlement Location of the Procurement of Land for General Migration and National Land Authority of Surrounding Settlers, Bengkulu Province, as the Handling of Forest follow up of the letter of Encroachment and Refugees decision. The Head of BPN Resettlement in

Number 11-VIII-2000, 15 Governor issued Letter of See the Governor's Letter of Decision Number 286 2002 Point three Decision Number 65 year of states that the regulation of claim and cultivation of land mentioned int the 2000 on 01-04-2000 on the first and second ones of this decision Cultivating team formation the implementation was referred to the Regent of RejangLebong.

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RejangLebong Regency at Settlement/ Forest the second dictum stated Encroachment/Resettlement that: of Refugees to propose to The area of land with the Government of 9,400 Ha as stipulated RejangLebong to bring in the first dictum of migrants to Lubuk Mumpo this decision is Village. The People of located in: Lubuk Mumpo Village 1. District of propose infrastructure LebongAtas building through sector of : 1200 Ha. Migration settlement with 2. District of North 150 Head of Family from Lebong Place of Origin (Java Island) : 1000 Ha and 150 Head of Family 3. District of Padang Surrounding People. UlakTanding In 2006, the 150 Head : 1800 Ha of Family of migrants from 4. District of Kota Java Island ware being Padang brought to the location of : 5400 Ha Lubuk Mumpo Village, but the blur of location border of The follow-up action Migration reservation on the of the Decision of Regent of field had caused this Rejang Lebong, people in program run as expected. On Lubuk Mumpo Village on the field, a conflict between the 5th of Mei 2004 agreed the migrants and the local through the Decision of people occurred, therefore Lubuk Mumpo Village many migrants left their land Number 110/08/LP/2004 on locations. 16

the Proposal/Request for 16 General Migration Interview Result with Muhammad Ali, S.H. Head Division of

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Finally, in 2017, Head of the Office of Manpower and Migration of Rejang Lebong Regency Dwi Purnama Sari, S.Sos., M.M. on behalf of the Ministry of

Village, Development of 3. Affirmation Becomes Land of Under Developed Region Object of Agrarian Reform and Migration of Republic (TORA) of Indonesia Applied for a Based on the Book on request to Right of Realization of Asset Management to the Office of Legalization Activities and Agrarian and Spatial Order/ Land Redistribution for 2015- National Land Authority of 2017 from the National Land Bengkulu Province with Office, until 2017, the 1775 Ha. Based on the government has submitted measurement conducted by 2,889,993 land certificates. In Regional Office of Agrarian 2018, the government increased and Spatial Order/National the target for certificates to be Land Authority of Bengkulu distributed to the community to Province found that the 7 million. In 2019, the target is available land was 987.3 ha. increased to 9 million Picture1. Map of HPL Land certificates.17 Area OnLubuk Mumpo In 2018, Bengkulu Transmigration Province will have 10,000 parcels or plots of land in the agrarian reform launched by

17Eko Sulistyo, Nawacita Reforma Agraria, www.ksp.go.id/nawacita-reforma- agraria/index.html,accessed on May 2nd Social Service Human Resources and 2018 at 21.00 p.m. Migration of RejangLebong Regency.

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the central government, Regulation No. 10/2006 it including 3,500 parcels will be appears that the management of distributed to RejangLebong state land is the responsibility Regency.18 Agrarian reform in of the National Land Office.19 the Province of Bengkulu since In fact, based on the 2015-2018 originating from Governor's Decree Number former Land for Right to 286/2002 dated June 6, 2002 Cultivate that is not renewed or concerning Regulations on the renewed can be seen in the Control and Use of the Former following table: Land for Right to Cultivate 4. Obstacles in the Management located in the RejangLebong of State Lands as a Former of Regency of Bengkulu Province, Right to Cultivate of PT. the third dictum states that: BumiMegahSentosa The regulation of The management of control and Right to state land is one of the tasks of Cultivatereferred to in the government in the field of the first dictum and the land which is the elaboration of second of these the authority of the State's decisions was submitted Right to Control. Article 2 of to the Regent of Presidential Regulation No. 10 RejangLebong. of 2006 concerning the According to the regent National Land Office states that of RejangLebong Regency the task of the National Land through the Head of Office is the government's duty Government Section, the in the land sector nationally former lands of Right to and regionally, then based on

Article 2 of Presidential 19OloanSitorus, et al. (2006). Pengelolaan Tanah Negara Bekas Hak Guna Usaha Perkebunan Besar yang 18Nur Muhamad, Rejang Lebong berakhir jangka waktunya di provinsi dapat 3.500 sertifikat reforma agraria, Sumatera Utara.Research Report of https://bengkulu.Antaranews.com/berita/482 National Land Academy. Yogyakarta, P. 16. 51/accessed on May 6th 2018 at 21.05 p.m.

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Cultivate is an asset of the perception between the District Regional Government so that Head of Rejang Lebong the regent has the right to Regency and the Office of the determine policies in the Ministry of Agrarian and management of the former Spatial Planning / National State Land Use Rights, both for Land Office of Rejang Lebong the interests of the regional Regency regarding the government and for understanding and authority of sharecroppers.20 the management as a former On the other hand, the state land of right to cultivate RejangLebong Regency Land PT. Bumi Megah Sentosa.This Office considers that the former magnificent sentimental earth state land of HGU PT. is a barrier in the efforts of the BumiMegahSentosa cannot Rejang Lebong Regency Office immediately become an asset of the Ministry of Agrarian and of the local government of Spatial Planning / National RejangLebong district. There Land Office to provide rights are several conditions for land for sharecroppers. to be an asset of the local Conditions in the field government, namely (1) there also occurred when the must be a release of rights; (2) community acquired the purchase of land must use acquisitions because they felt costs originating from the that they had never received APBD; (3) the land must be compensation from the PT. registered as an asset and (4) Bumi Megah Sentosa so that the land must be people claim that the land is certified.21Differences in still theirs. In terms of institutional implementation of 20The interview results with Mrs. Dra. Nani Elvira, MM., The administration head of Government of Rejang Lebong Ministry of Agriculture and Spatial Planning Regency, on March 6th 2018, at 10.00 a.m. / National Land Office or RejangLebong 21 The interview results with Mr. Regency, on February 4th, 2018, at 09.30 Supriyadi, BR. Former Head Office of the a.m.

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Agrarian Reform, the tasks and carried out with agrarian functions of the Agrarian reform, for which the local Reform Task Force at the government must immediately provincial and regency levels inventory the number of are not yet optimal, this is due farmers who work on the to the fact that it was only former lands of Right to formed in 2018 and the Cultivate. Policies with an Program has not yet agrarian reform scheme can be synchronized. The asset implemented in order to legalization and land provide legal protection for the redistribution in the Ministry of people who control the Agrarian and Spatial Planning / country's land physically. BPN RejangLebong Regency. Secondly, the former 5. Solutions in the Management lands of right to cultivate which as a Former State Landsof will become the right to Right to Cultivate in manage transmigration must be RejangLebong Regency immediately followed up so that there is legal certainty for There are several things the transmigrants who occupy that can be done by the the land. Third, the regional Regional Government and the government can propose part of Ministry of Agrarian and the former lands of Right to Spatial Planning / National Cultivateto become the assets Land Office of Rejang Lebong of the local government by Regency. Firstly, immediately proposing to the Office of the determine the location of the Ministry of Agrarian Spatial former right to cultivate as the Planning / National Land object of agrarian reform so Office Rejang Lebong Regency that the process of as the Right to Use. strengthening the rights of Fourth, in order for the cultivating communities can be program to run immediately,

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coordinate with relevant 1) The management of state stakeholders, especially those lands as a former of right to who are members of the cultivate in Rejang Lebong Agrarian Reform Task Force at Regency has not been the provincial and regency carried out maximally by the level, considering that regional government or achieving the target of Agrarian related agencies. The control Reform requires good of the former state land for cooperation between business use rights of PT. stakeholders in the region. Bumi Megah Sentosa by the Fifth, Program Synchronization community / cultivator The provision of access to farmers because PT. Bumi reform in the Regional Devices Megah Sentosa does not use Organization (OPD) is related its land in accordance with to asset legalization programs its intended use which and land redistribution in the results in the cancellation Ministry of Agrarian and and revocation of the right to Spatial Planning / National use the business. In addition, Land Office of Rejang Lebong some people claim that the Regency. land at the location of the right to cultivateis still their D. CLOSING land because the 1. Conclusion compensation process and From the results of their release were not research and discussion on the completed by PT. Bumi management of state lands as a Megah Sentosa. former of right to cultivate in 2) Obstacles in the RejangLebong Regency the management of state lands following conclusions can be as a former of right to drawn: cultivate in RejangLebong Regency are:

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a. There is a different yet optimal, this is due to perception between the the fact that it was only Regent of Rejang Lebong formed in 2018. Regency and the Office of the Ministry of 2. Suggestions Agrarian and Spatial The suggestion that the Planning / National Land author can give is that the Office of the Rejang management of state lands as a Lebong Regency former of right to cultivate in regarding the the Rejang Lebong Regency is understanding and maximally as follows: authority of the 1. a. Immediately set the management of state location of the former lands as a former of right right to cultivate as the to cultivate in PT. Bumi object of agrarian reform Megah Sentosa. so that the process of b. Acquisition by the strengthening the rights of community because they the tenant community can feel they have never be carried out with received compensation agrarian reform, policies from PT. with agrarian reform BumiMegahSentosatheref schemes can be ore people claim that the implemented in order to land is still theirs. provide legal protection c. In terms of institutional for the people who implementation of control the country's land Agrarian Reform, the physically. tasks and functions of the b. The former land of right Agrarian Reform Task to cultivate that will Force at the provincial become the right to and district levels are not manage transmigration

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must be immediately b. Program Synchronization followed up so that there of the provision to is legal certainty for the reform access in the transmigrants who Regional Devices occupy the land. Organization (OPD) is c. The regional government related to the asset can propose part of the legalization program and former land of right to land redistribution in the cultivateto become the Ministry of Agrarian and asset of the local Spatial Planning / BPN government as the Right Rejang Lebong Regency. to Use. REFERENCES 2. a. Immediately do good Books : coordination between Herawan Sauni, 2006, Politik Hukum stakeholders so that the Agraria Kajian Atas Landreform implementation of asset Dalam Rangka Pembangunan Hukum Ekonomi Indonesia, structuring and Pustaka Bangsa Press, Bengkulu. arrangement of access Maria S.W. Sumardjono, , 2001, can be carried out Kebijakan Pertanahan Antara comprehensively and Regulasi dan Implementasi. Cetakan I. Penerbit Kompas, integrated, there must be Jakarta. readiness of village Maria S.W.Sumardjono, 2008, officials to carry out Tanah dalam perspektif hak agrarian reform at the ekonomi sosial dan budaya, PT.Kompas Media Nusantara, village level, and the Jakarta. readiness of village

facilitators to encourage Journal Research, Tesis, Skripsi : popular participation in the implementation of Herawan Sauni, 2006, Implikasi Hukum Terhadap Pelaksanaan agrarian reform. Program Landreform di Indonesia, Jurnal Equality Vol.11 Nomor 1.

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Republik Indonesia. Peraturan Oloan Sitorus, dkk. (2006). Pemerintah Nomor 8 Tahun Pengelolaan Tanah Negara 1953 tentang Penguasaan Bekas Hak Guna Usaha Tanah-Tanah Negara Perkebunan Besar yang berakhir jangka waktunya di Republik Indonesia. Peraturan Provinsi Sumatera Utara. Pemerintah Nomor 40 Tahun Laporan Peneliitian sekolah 1996 Tentang Hak Guna Tinggi Pertanahan Nasional. Usaha, Hak Guna Bangunan Yogyakarta. dan Hak Pakai.

Salim, M. Nazir. (2014). “Membaca Republik Indonesia. Peraturan Karakteristik dan Peta Pemerintah Nomor 24 Tahun Gerakan Agraria Indonesia”. 1997 Tentang Pendaftaran Jurnal Bhumi, No. 39 Tahun Tanah. 13, April 2014. Republik Indonesia. Peraturan Sukaesih, (2017)."Penguasaan Pemerintah Nomor 40 Tahun Tanah Negara Bekas Hak 1996 Tentang Hak Guna Guna Usaha PT.Bumi Mega Usaha, Hak Guna Bangunan Sentosa Oleh Masyarakat dan Hak Pakai Atas Tanah Kecamatan Kota Padang Kabupaten Rejang Lebong". Republik Indonesia. Peraturan Tesis. Jurusan Ilmu Hukum. Presiden Nomor 10 Tahun Fakultas Hukum Universitas 2006 Tentang Badan Bengkulu. Pertanahan Nasional.

News Paper : Kementerian Agraria/Kepala BPN, Majalah Yokatta Edisi 27 Tahun III. Peraturan Menteri Negara "Ini dia capaian program Agraria/ Kepala Badan strategis ATR/BPN", , 22 Pertanahan Nasional Nomor 3 Oktober-22 November 2017. Tahun 1997 Tentang Ketentuan Pelaksanaan PP Strategi Nasional Pelaksanaan Nomor 24 Tahun 1997. Reforma Agraria 2016-2019, Arahan dari Kantor Staf Kementerian Agraria/Kepala BPN, Presiden, Jakarta, 28 April Peraturan Menteri Negara 2016. Agraria/ Kepala Badan Pertanahan Nasional Nomor 3 Regulation : Tahun 1999 Tentang Pelimpahan Kewenangan Republik Indonesia. Undang Undang Pemberian dan Pembatalan Nomor 5 Tahun 1960 Tentang Keputusan Pemberian Hak Peraturan Dasar Pokok-Pokok Atas Tanah Negara. Agraria.

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Kementerian Agraria/Kepala BPN, Website : Peraturan Menteri Negara Agraria/ Kepala Badan Sugian, Bahanan. “Pengembalian Pertanahan Nasional Nomor 9 Hak Ulayat Suku Tengah Tahun 1999 Tentang Tata Kepungut”. Diakses melalui Cara Pemberian dan http://www.akar.or.id/index.ph Pembatalan Hak Atas Tanah p/2013/01/18/pengembalian- Negara dan Pengelolaan. hak-ulayat-suku-tengah- kepungut/ pada tanggal 20 Badan Pertanahan Nasional, Februari 2016 pukul 22.15 Peraturan Kepala Badan WIB. Pertanahan Nasional Republik Indonesia Nomor 2 Tahun Bey Machmudin, " Presiden Jokowi 2013 Tentang Pelimpahan : Lakukan segera Reforma Kewenangan Pemberian Hak Agraria", diakses dari Atas Tanah dan Kegiatan http://www.bpn.go.id/Berita/Si Pendaftaran Tanah. aran-Pers, diakses tanggal 25 Agustus 2016. Badan Pertanahan Nasional. Peraturan Menteri Agraria Nur Muhamad, Rejang Lebong dapat dan Tata Ruang/Kepala Badan 3.500 sertifikat reforma Pertanahan Nasional Nomor agraria, 25 Tahun 2015 Tentang https://bengkulu.Antaranews.c Rencana Strategis om/berita/48251/diakses 6 Mei Kementerian Agraria dan Tata 2018 Pukul 21.05 WIB. Ruang/Badan Pertanahan Nasional Tahun 2015-2019. www.ksp.go.id/nawacita-reforma- agraria/index.html, Eko Sulistyo, Nawacita Reforma Agraria, diakses tanggal 2 Mei 2018 Pukul.21.00 WIB.

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