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The Management Policy of State Lands As Aformer Ofright to Cultivatein Rejang Lebong Regency

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The Management Policy of State Lands As Aformer Ofright to Cultivatein Rejang Lebong Regency 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 REGENCY 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 Lebong Regency.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 Bengkulu 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 196 A. Hadi, Herawan Sauni, Hamdani Ma'akir Bengkoelen Justice, Vol. 9 No.2 November 2019 A. INTRODUCTION cultivated with various 1. Background of Research activities.1 Indonesia 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.4 197 A. Hadi, Herawan Sauni, Hamdani Ma'akir Bengkoelen Justice, Vol. 9 No.2 November 2019 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.70 198 A. Hadi, Herawan Sauni, Hamdani Ma'akir Bengkoelen Justice, Vol. 9 No.2 November 2019 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. 5 199 A. Hadi, Herawan Sauni, Hamdani Ma'akir Bengkoelen Justice, Vol. 9 No.2 November 2019 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. 200 A. Hadi, Herawan Sauni, Hamdani Ma'akir Bengkoelen Justice, Vol.
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