By: Dr.KPH.Adip.Praboewidjojo, SH, MH
The draft National Agrarian Law which was successfully drafted in the period 1945-1959, was adjusted to the new constitution and political configuration namely UU no. 5 year 1960. UUPA is a highly responsive law because it overhauls the entire system adopted in Agrarische Wet (AW) 1870 and all its implementing regulations. The basic problems in the old agrarian law that was abolished by UUPA include domeinverklaring, feudalism and conversion rights in land law, as well as legal dualism. The UUPA affirms the existence of a social function for every property right on the land. Furthermore UUPA can be seen as the beginning of reform and development of law in Indonesia, which based on Adat Law as the foundation of development and as the mother of Indonesia landreform.
Historically, the Old Order has placed land reform as a revolutionary policy in development by issuing regulations on the redistribution of land in accordance with Law No.56 Prp Year 1960. That the basic requirement for economic development is the liberation of millions of peasants and the people in general from the influence of colonialism, imperialism, feudalism and capitalism by implementing land reform in accordance with Indonesian national law, while laying the foundations for industrialization, especially basic industries and heavy industries that must be cultivated and controlled by the state. TAP MPRS RI Number II / MPRS / 1960 and Political Manifesto mention three philosophical foundations of development at this time are: anti exploitation of man by human economic independence; and anti-colonialism, imperialism, feudalism and capitalism with land reform as its main agenda.
Likewise, the number of Laws and Regulations in the Land Law of the 1960-1966 Period, most of the entire legislation issued during this period is about land reform and the management of land rights. It is clear that this era of government laid agrarian issues as the subject of the field which should be prioritized immediately. Land reform as an absolute part of the Indonesian revolution is the basis of universal development based on the principle that land as a means of production should not be used as a means of exploitation."Landreform is an agrarian political strategy that is motivated by the feud of some interests, especially the interests of landless peasants against the interests of the landlords". The interests of these two groups arose also in the state elite level, in which three groups formed, namely the radical groups who proposed the division of land based on the principle of land for those who really worked on it. While those who have a vast land is already doing exploitation against other humans. This group consists of PKI, PNI and Murba Party.
Likewise, the number of Laws and Regulations in the Land Law of the 1960-1966 Period, most of the entire legislation issued during this period is about land reform and the management of land rights. It is clear that this era of government laid agrarian issues as the subject of the field which should be prioritized immediately. Land reform as an absolute part of the Indonesian revolution is the basis of universal development based on the principle that land as a means of production should not be used as a means of exploitation."Landreform is an agrarian political strategy that is motivated by the feud of some interests, especially the interests of landless peasants against the interests of the landlords". The interests of these two groups arose also in the state elite level, in which three groups formed, namely the radical groups who proposed the division of land based on the principle of land for those who really worked on it. While those who have a vast land is already doing exploitation against other humans. This group consists of PKI, PNI and Murba Party.
The second group is a conservative group consisting of Islamic parties and some PNI. The essence of this class of opinion is the rejection of restrictions on the extent of land ownership and allegations of widespread land ownership as exploitation. While the third group is a compromise class against the other two groups. They accept the opinions of the radicals but with a gradual application. In this group Soekarno and Sadjarwo (Minister of Agrarian Affairs) as two important figures in the formulation of UUPA became its members.The implementation of this program is marked with a land registration program based on Government Regulation No.10 Year 1961, to know and give legal certainty about land ownership and control. Then the determination of excess land (exceeding the maximum limit of ownership), which then distributed to as many landless farmers as possible. Including the implementation of UU No. 2 of 1960 on Production Sharing Agreement. But the three programs are experiencing obstacles as Sadjarwo says that the imperfect administrative flaws that complicate the redistribution of the land; and the lack of good support from peasants, peasant organizations, political organizations, figures and landreform committees themselves. This then leads to unilateral action, either by farmers who want land or landlords. As a result of this many unilateral actions, UU No. 21 of 1964 on Landreform Court was issued.
The period of the Old Order, land law is encouraged to give priority to the creation of commutative justice by providing facilities and ease of possession / possession of land to weak majority groups, such as landless or landless peasants, farmers, farmers who occupy plantation land and cooperatives as organizations formed by the group. "In addition, there should be corrective justice by providing facilities and facilities to the majority group which previously neglected in the land policy.So it can be said that the program of landreform as the beginning of the implementation of the goal, on its application failed. That's because:
Slowness of government practices in the implementation of the State's Controlling Rights;
The demands of the organization and the mass of peasants who wish to redistribute the land immediately so that then there will be unilateral action;
The elements of anti-land reform that carry out the mobilization of counter-forces and tactics evade from and to derail land reform;
The involvement of elements of violence between the two parties is the pros and cons landreform.This conflict even culminated and caused greater conflict in the political elite that led to the September 30th Movement of 1965 and the fall of the Old Order regime. As for the results of the old order landreform program is redistributed approximately 450,000 hectares, ie since the program is proclaimedthe first time until the end of 1964. The details are phase I of 296,566 hectares and phase II of 152,502 hectares as phase II is not yet completed. This division is mainly implemented in Java, Madura, Bali and Nusa Tenggara Islands. While the excess land that has been determined is 337,445hectare. Although UU no. 5 of 1960 (UUPA) is produced in an authoritarian (democratic-led) political configuration but this Act remains highly responsive for four reasons:
the draft law is a legacy of previous periods formulated by various design committees;
the matter of the Act constitutes a total reversal of the laws passed by the Dutch colonial government so that it must be accepted by every national government;
the matter of the Act does not concern the distribution of political power (gezagverbouding) so that its enforcement will not interfere with the dominant position of political power holders;
The UUPA contains two areas of law, namely public law and civil law.As noted above, the influence of political configuration on the character of legal products will be more significant in the field of public law concerning gezagverbouding.
The draft National Agrarian Law which was successfully drafted in the period 1945-1959, was adjusted to the new constitution and political configuration namely UU no. 5 year 1960. UUPA is a highly responsive law because it overhauls the entire system adopted in Agrarische Wet (AW) 1870 and all its implementing regulations. The basic problems in the old agrarian law that was abolished by UUPA include domeinverklaring, feudalism and conversion rights in land law, as well as legal dualism. The UUPA affirms the existence of a social function for every property right on the land. Furthermore UUPA can be seen as the beginning of reform and development of law in Indonesia, which based on Adat Law as the foundation of development and as the mother of Indonesia landreform.
Historically, the Old Order has placed land reform as a revolutionary policy in development by issuing regulations on the redistribution of land in accordance with Law No.56 Prp Year 1960. That the basic requirement for economic development is the liberation of millions of peasants and the people in general from the influence of colonialism, imperialism, feudalism and capitalism by implementing land reform in accordance with Indonesian national law, while laying the foundations for industrialization, especially basic industries and heavy industries that must be cultivated and controlled by the state. TAP MPRS RI Number II / MPRS / 1960 and Political Manifesto mention three philosophical foundations of development at this time are: anti exploitation of man by human economic independence; and anti-colonialism, imperialism, feudalism and capitalism with land reform as its main agenda.
Likewise, the number of Laws and Regulations in the Land Law of the 1960-1966 Period, most of the entire legislation issued during this period is about land reform and the management of land rights. It is clear that this era of government laid agrarian issues as the subject of the field which should be prioritized immediately. Land reform as an absolute part of the Indonesian revolution is the basis of universal development based on the principle that land as a means of production should not be used as a means of exploitation."Landreform is an agrarian political strategy that is motivated by the feud of some interests, especially the interests of landless peasants against the interests of the landlords". The interests of these two groups arose also in the state elite level, in which three groups formed, namely the radical groups who proposed the division of land based on the principle of land for those who really worked on it. While those who have a vast land is already doing exploitation against other humans. This group consists of PKI, PNI and Murba Party.
Likewise, the number of Laws and Regulations in the Land Law of the 1960-1966 Period, most of the entire legislation issued during this period is about land reform and the management of land rights. It is clear that this era of government laid agrarian issues as the subject of the field which should be prioritized immediately. Land reform as an absolute part of the Indonesian revolution is the basis of universal development based on the principle that land as a means of production should not be used as a means of exploitation."Landreform is an agrarian political strategy that is motivated by the feud of some interests, especially the interests of landless peasants against the interests of the landlords". The interests of these two groups arose also in the state elite level, in which three groups formed, namely the radical groups who proposed the division of land based on the principle of land for those who really worked on it. While those who have a vast land is already doing exploitation against other humans. This group consists of PKI, PNI and Murba Party.
The second group is a conservative group consisting of Islamic parties and some PNI. The essence of this class of opinion is the rejection of restrictions on the extent of land ownership and allegations of widespread land ownership as exploitation. While the third group is a compromise class against the other two groups. They accept the opinions of the radicals but with a gradual application. In this group Soekarno and Sadjarwo (Minister of Agrarian Affairs) as two important figures in the formulation of UUPA became its members.The implementation of this program is marked with a land registration program based on Government Regulation No.10 Year 1961, to know and give legal certainty about land ownership and control. Then the determination of excess land (exceeding the maximum limit of ownership), which then distributed to as many landless farmers as possible. Including the implementation of UU No. 2 of 1960 on Production Sharing Agreement. But the three programs are experiencing obstacles as Sadjarwo says that the imperfect administrative flaws that complicate the redistribution of the land; and the lack of good support from peasants, peasant organizations, political organizations, figures and landreform committees themselves. This then leads to unilateral action, either by farmers who want land or landlords. As a result of this many unilateral actions, UU No. 21 of 1964 on Landreform Court was issued.
The period of the Old Order, land law is encouraged to give priority to the creation of commutative justice by providing facilities and ease of possession / possession of land to weak majority groups, such as landless or landless peasants, farmers, farmers who occupy plantation land and cooperatives as organizations formed by the group. "In addition, there should be corrective justice by providing facilities and facilities to the majority group which previously neglected in the land policy.So it can be said that the program of landreform as the beginning of the implementation of the goal, on its application failed. That's because:
Slowness of government practices in the implementation of the State's Controlling Rights;
The demands of the organization and the mass of peasants who wish to redistribute the land immediately so that then there will be unilateral action;
The elements of anti-land reform that carry out the mobilization of counter-forces and tactics evade from and to derail land reform;
The involvement of elements of violence between the two parties is the pros and cons landreform.This conflict even culminated and caused greater conflict in the political elite that led to the September 30th Movement of 1965 and the fall of the Old Order regime. As for the results of the old order landreform program is redistributed approximately 450,000 hectares, ie since the program is proclaimedthe first time until the end of 1964. The details are phase I of 296,566 hectares and phase II of 152,502 hectares as phase II is not yet completed. This division is mainly implemented in Java, Madura, Bali and Nusa Tenggara Islands. While the excess land that has been determined is 337,445hectare. Although UU no. 5 of 1960 (UUPA) is produced in an authoritarian (democratic-led) political configuration but this Act remains highly responsive for four reasons:
the draft law is a legacy of previous periods formulated by various design committees;
the matter of the Act constitutes a total reversal of the laws passed by the Dutch colonial government so that it must be accepted by every national government;
the matter of the Act does not concern the distribution of political power (gezagverbouding) so that its enforcement will not interfere with the dominant position of political power holders;
The UUPA contains two areas of law, namely public law and civil law.As noted above, the influence of political configuration on the character of legal products will be more significant in the field of public law concerning gezagverbouding.
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