Restorative Justice and Agrarian Reform Conflict Resolution

Abstract: Various structural agrarian conflicts remain unresolved after the government's implementation of agrarian reform. Differences in interpretation of agrarian reform trigger the conflict. The government's interpretation is different from the community's interpretation, which considers agrarian reform to be a systematic effort to provide the community with access to land. This article employs an empirical legal research method, combining a sociological perspective and a case study approach. This article contains several important findings, one of which is that asset legalization is not an agrarian reform. Asset legalization fails to address the issue of land ownership inequality. The government's implementation of land redistribution fails to address the issue of land ownership inequality. The government's version of land redistribution not only fails to resolve the issue of land ownership inequality, but also seizes land from marginalized communities. The same goes for social forestry. Social forestry leaves behind unresolved agrarian and environmental conflicts. Differences in interpreting agrarian reform actually cause all these problems. Therefore, we can use restorative justice as an alternative to solving the problem. As a problem-solving model involving victims and suspects, this resolution model seeks peace between the two parties. The hope is that there will be no more bloody agrarian conflicts, especially related to agrarian reform in Indonesia. Keywords: Agrarian Reform, Agrarian Conflict, Restorative Justic

Evaluation of Land Suitability for Organic Horticulture Farming in Support of Sustainable Agrarian Governance

Abstract: Land compatibility can contribute to the optimization of agricultural land use, because this evaluation is used to determine the most appropriate spatial plan for current and future land use. Identifying the suitability of agricultural land is necessary to adapt to increasing food needs caused by expanding population, environmental pollution and climate change. Therefore, this research was conducted to assess the suitability of snake fruit plants. Various factors were considered in this research, such as rainfall, temperature, nutrient availability (wa), rainfall density (rc), organic carbon (nr), slope, flood hazard (fh) and erosion hazard (eh). The results of the classification of land suitability classes in the Sleman Regency area, in this case, are that snake fruit plants in most areas fall into the criteria for land suitability class S2 or quite suitable. The results are with an area of??42,150 Ha or with a percentage of 73.4% of the land suitability class S2 or Sufficiently Suitable. (Medium Suitable) is land that has quite heavy barriers to maintain the level of management that must be carried out. In the land suitability class S1 or very suitable in the research area with an area of?? 10625 Ha or with a percentage of 18.5, the land suitability class Very Suitable (Very Suitable) is land that has no boundaries. The results of the land suitability assessment, both actual and potential, can be carried out by improving efforts such as improving drainage, adding organic material, planting according to contours, fertilizing. Keywords: Horticulture, Uniformity, Land Suitability, Organic Farming, Snake Frui

The Bionomic Equilibrium Model for Balancing Forest Conservation and Economic Growth: Empirical Evidence from Indonesia:

Abstract: The objective of this study is to balance forest conservation with economic growth while accounting for the rate of deforestation. The methodology employed in this research utilizes a mathematical modeling approach, specifically adopting the logistic model to represent forest growth rates. In addition, numerical analysis is applied to illustrate the impact of economic activities on forest areas. The data used in the study consist of deforestation rates in Indonesia from 2000 to 2021. The findings indicate that the rate of economic activity in forested areas is directly proportional to the reduction in forest area. If the rate of deforestation due to economic activity approaches the forest growth rate, the likelihood of forest area reduction increases, and forest depletion will occur if the two rates become equal. To resolve the dilemma between forest conservation and economic growth, this study proposes a solution consisting of three key steps: (1) establishing a minimum forest area that is strictly protected from economic exploitation; (2) setting the ratio between forest growth rates and economic activity rates as a primary foundation for ensuring sustainable forest conservation and economic development; and (3) calculating environmental costs, such as reforestation, based on the proportional relationship between deforestation rates and forest growth rates. Keywords: Deforestation, Environmental Cost, Economy, Forest, Growth Rat

Analysis of The Leading Sector for Regional Development: A Case Study of Batam, Bintan, and Karimun (BBK), Riau Islands Province, Indonesia

Abstract: Spatial planning in Batam, Bintan, and Karimun (BBK) areas is prioritized because it has an important impact on the national economy. This research aims to identify the potential leading sectors in the BBK areas as a reference in regional development. This study uses time series data on Gross Regional Domestic Product (GRDP) based on constant prices in the BBK areas from 2011 to 2021. The analytical tools used in this research are Location Quotient to identify basic and non-basic sectors, Shift Share Analysis to determine changes and shifts in sectors, and Klassen Typology to determine the classification of sector in each region. The three analytical tools combined results demonstrate that economic growth in Batam is supported by the processing sector. A growing sector in Bintan is related to the tourism. Economic potential in Karimun dominated by the agricultural, forestry, and marine sectors. Tanjungpinang’s economic potential is dominated by the service sector, which supports the city’s role as the capital of the Riau Islands Province. However, the fisheries sector has not developed optimally. As an archipelago, regional development policies in the BBK areas should develop other sectors to optimize the maritime economic potential. Keywords: Klassen Typology, Location Quotient, Leading Sectors, National Strategic Areas, Shift Share Analysi

Legal Implications of Building Use Rights Certificates Without Land Status Information: Consumer Protection and the Responsibility of the National Land Agency :

Abstract: This research examines the legal uncertainties arising from the issuance of Building Use Rights (HGB) certificates on land with Management Rights (HPL) owned by the Special Capital Region of Jakarta. The lack of clarity in the National Land Agency's certificate, which does not explicitly state that the building use rights are based on land management rights, leads to confusion and a sense of deception among consumers, making this issue crucial. This issue holds significant importance as the National Land Agency's certificate, which does not explicitly state that building use rights are based on land management rights, leads to consumer confusion and feelings of deception. When consumers applied for a certificate extension 20 years after the National Land Agency issued the Certificate Extension Decision Letter, the agency abruptly retracted both the Decision Letter and the certificate. This was due to the BPN's recent realization that the land was under Land Management Rights. This research uses a normative juridical approach to analyze the legal responsibility of the National Land Agency in the issuance of certificates. The data collection technique uses document studies, while the analysis technique uses court decision studies. Research results indicate that Building Use Rights (HGB) certificates that do not specify the type of land—whether it is on state land, Land Management Rights, or ownership rights—have the potential to harm consumers and cause legal disputes. Therefore, this study recommends land policy reforms to ensure legal certainty and consumer rights protection in property transactions. Keywords: Building Use Rights, Land Management Rights, Land Certificate, Legal Certainty, National Land Agenc

Agricultural Strategies of Young Farmers on Small-Scale Land in Sriharjo, Bantul

Abstract: The agricultural situation in the Special Region of Yogyakarta is becoming increasingly concerning. The number of farmers is declining, and young people are showing less interest in agriculture. This has led to problems with production output and a food security crisis. A solution to these challenges is to empower youth to engage in farming. The aim of this study is to identify groups of young farmers and the efforts made to address current challenges. The unit of analysis in this study is youth groups involved in farming activities on limited land. The research was conducted with a youth farming group called Taruna Tani Hijaunya Cinta in Sriharjo Village, Bantul. A case study design was employed, using in-depth interviews conducted both in person and via telephone. The research was carried out from January to June 2022, with limited observations and interviews due to the COVID-19 pandemic. To supplement the data, document and photo collection from the farmer group was also conducted. Thematic analysis was used to analyze various data sources. The findings of this study indicate that the majority of the group's members are children of farmers aged 17-35, with educational backgrounds ranging from secondary school to university students. The results show that the use of technology in farming, the development of social media for marketing, and the creation of agro-tourism have enhanced the competitiveness of young people in the agricultural sector, created new business opportunities, and stimulated local economic growth. For long-term sustainability, it is recommended that the government and educational institutions strengthen training and education programs for youth to enable them to continue innovating and adapting to market changes. Keywords: Limited Land Agriculture, Young Farmers, Yout

A Review of Palm Oil Plasma Land Conflicts from The Perspective of Agrarian Reform: Analysis of Decision Number 3661 K/PDT/2019

Abstract: The government has addressed disparities in palm oil plantation ownership through the partnership model of the Nucleus Estate Smallholder Plantation (PIR-BUN) using a core-plasma scheme as outlined in Presidential Instruction No. 1 of 1986, aiming to achieve agrarian reform. However, in practice, the nucleus-plasma scheme has led to land conflicts and issues, one of which occurred in Teluk Bakung Village, West Kalimantan. Therefore, to ensure the effective implementation of the nucleus-plasma scheme in the future and the realization of agrarian reform, it is necessary to investigate the causes of plasma land conflicts in Teluk Bakung Village and the impacts of these conflicts on agrarian reform efforts. This study adopts a normative juridical method, examining secondary data from literature and primary data from Supreme Court Decision No. 3661 K/PDT/2019 concerning PT PALM’s default in profit-sharing on plasma land. The findings indicate that plasma land conflicts arise from differing interpretations of the 20% provision for community plantation development, inadequacies in institutional support and processes for the PIR-BUN program, and a lack of transparency from the nucleus company. These conflicts ultimately negatively impact the socio-economic aspects of plasma farmers in Teluk Bakung Village and hinder agrarian reform efforts, particularly in the region. Keywords: Agrarian Reform, PIR-BUN, Plasma Lan

Optimization of Participatory and Collaborative Planning Methods for Accelerating the Preparation of Detailed Spatial Plans

The availability of Detailed Spatial Plans (RDTR) is crucial for supporting development implementation and ease of doing business. However, there are still problems in the preparation of RDTR, necessitating acceleration. Regarding this acceleration, it is necessary to analyze how participatory and collaborative planning methods can play a role. Participatory and collaborative approaches are important because public trust and stakeholder relationships in participatory and collaborative planning influence the implementation process and planning outcomes. This study aims to identify the relationships between implementing actors and stakeholders involved in the preparation of RDTR so that they can be optimized with a participatory and collaborative approach. The research methods used are Social Network Analysis (SNA), Organizational Network Analysis (ONA), and post-review surveys. The results show that the relationships between implementing actors and stakeholders related to RDTR preparation are not yet optimal, therefore requiring remapping and rearrangement within the legal framework. Participatory and collaborative approaches will elaborate the possibility of more effective and efficient relationships with changes in roles and media of interaction. Keywords: Collaborative, Network Analysis, Participatory, RDTR, Spatial Plannin

Analysis of The Effect of Insufficient Community Engagement in Land Registration Through The Lens of Sunaryati Hartono's Typology of Legal Culture

Abstract: This research discusses the factors that cause low community participation in land registration in Sukoanyar Village and the impacts caused, as well as efforts made by the village government to improve land registration. We employ a juridical sociological research method, examining actual community situations to gather necessary facts and data. The findings demonstrated that Sukoanyar Village's low land registration phenomenon remains rooted in a pre-conventional legal culture. This is evident in the community's local customs, which include the conviction that they possess physical control over their land, negating the need for a certificate, their egocentric interests, and their disinterest in government land registration initiatives. The low interest of the community in registering land has several impacts on the certainty of their land rights, including uncertainty of ownership, proneness to disputes, and limited utilization of land ownership rights. In response to this phenomenon, the Sukoanyar Village government made several efforts to improve land registration in the village, including (a) conducting extension and socialization activities involving all villagers to increase public understanding of the importance of land certification and (b) participating in the Complete Systematic Land Registration (PTSL) program conducted by the government through ATR/BPN. Keywords: Community Participation, Land Registration, Legal Culture, Land Certificate

Community Preferences for Agrarian Reform in Kampung Reforma Agraria: A Case Study of Mekarsari Village, Banten

Abstract: An agrarian reform program encompassing asset and access arrangement was implemented to address the inequality in land ownership. Furthermore, asset management and access management models are integrated in the same location to increase the effectiveness of the agrarian reform program. As a pilot project, the first Kampung Reforma Agraria (KRA) was implemented in Mekarsari Village, Panimbang District, Pandeglang Regency, by distributing land to 225 subjects. However, after five years of implementing agrarian reform, some subjects still have not occupied KRA locations. This condition indicates that some subjects are reluctant to live in the designated location. Therefore, this research aims to analyze the profile and characteristics of TORA subjects’ residences who have yet to occupy the land granted in the KRA and the influence of these two factors on their spatial preferences regarding agrarian reform policies. By interviewing 23 TORA subjects who had yet to occupy the Tanah Objek Reforma Agraria (TORA) location and transfer their land rights, the results show that 52.5% wanted to move to KRA. In contrast, 47.5% did not want to occupy their land in KRA. Based on the analysis of the physical characteristics of the TORA subjects’ residences, the relationship between the physical distance from the subject’s current residence to KRA and the subject’s preference to move to KRA was not very significant. The factors most influencing the subject’s preferences are the residence’s non-physical characteristics, the land’s current legal status, and the socio-economic profile. Based on these findings, policymakers responsible for setting the criteria for land recipients should enhance the supervision system for subject selection from the outset. Furthermore, when designing access provision programs, it is essential to account for the diverse preferences and needs of each subject group. Keywords: Agrarian Reform; Access Arrangement; Asset Arrangement; Kampung Reforma Agraria; Spatial Preferences