TUMPANG TINDIH PENGUASAAN TANAH DI WILAYAH IBU KOTA NEGARA “NUSANTARA”

In August 2019, the Central Government of Indonesia made an important decision to choose East Kalimantan province to be the location of the new state capital (Nusantara). East Kalimantan was chosen due to its large available state or government-owned land. Some of the large available lands are designated state forest while some others are unregistered land, for which the Government applies formal land tenure system. This article examines the extent to which formal land tenure system has been exercised in land control, land transaction, and land acquisition in the Nusantara through the inquiries on how local individual and group landowners responded to the application of the formal land tenure system. Data collection was conducted through library research and field interview. This research finds that there have been multiple overlapping claims over land rights taking place in the new capital. State, adat law communities, and sultanate are making claims to similar land plots. The overlapping claims arose after the bureaucrats developed a formalistic view or interpretation on state land. This view suggested any unregistered land is state land regardless of actual control and use that are existing. This form of interpretation will most probably influence the way the bureaucrat implements current regulations concerning the new capital where some stipulations respect customary land rights

TUMPANG TINDIH PENGUASAAN TANAH DI WILAYAH IBU KOTA NEGARA “NUSANTARA”

In August 2019, the Central Government of Indonesia made an important decision to choose East Kalimantan province to be the location of the new state capital (Nusantara). East Kalimantan was chosen due to its large available state or government-owned land. Some of the large available lands are designated state forest while some others are unregistered land, for which the Government applies formal land tenure system. This article examines the extent to which formal land tenure system has been exercised in land control, land transaction, and land acquisition in the Nusantara through the inquiries on how local individual and group landowners responded to the application of the formal land tenure system. Data collection was conducted through library research and field interview. This research finds that there have been multiple overlapping claims over land rights taking place in the new capital. State, adat law communities, and sultanate are making claims to similar land plots. The overlapping claims arose after the bureaucrats developed a formalistic view or interpretation on state land. This view suggested any unregistered land is state land regardless of actual control and use that are existing. This form of interpretation will most probably influence the way the bureaucrat implements current regulations concerning the new capital where some stipulations respect customary land rights

Pendekatan Positivistik dalam Studi Hukum Adat

Adat Positive Legal Science was initiated to simplify Western People (officer, legal enforcer, scholar) to understand adat or adat law. There are two important process to produce and to formulate substance of Adat Positive Legal Science. First, introduction of positivism legal approach creates perspective seeing adat law as jurisprudence because it has elements supporting adat law as system. This approach differenciates Adat Positive Legal Science from adat law study based on social approach. Adat law social approach does not imagine universal elements which represent reality of adat and adat law diversity because its own uniqueness. This different dissociate Adat Positive Legal Science from social studies as initial references. Second, introduction of positivism approach is action to apply western legal thoughts to explain adat law. The result is bias explanation regarding adat law. It is argued that positivism approach in Adat Positive Legal Science sets apart nature of adat law which following dynamics social relation. This paper doesn not only elaborate the birth of Adat Positive Legal Science history, but also how Adat Positive Legal Science does not able to response dynamic adat law by looking back to the existing concepts and definitions. IntisariIlmu Hukum Adat Positif pada awalnya digagas untuk keperluan memudahkan Orang Barat (pejabat, penegak hukum, ilmuan) untuk memahami adat atau hukum adat. Ada dua hal penting dari proses melahirkan dan merumuskan muatan Ilmu Hukum Adat Positif ini. Pertama, introduksi pendekatan positivisme menghasilkan pandangan yang melihat hukum adat sebagai jurisprudence dan karena itu memiliki unsur-unsur yang menjadi penopang hukum adat sebagai sistem. Pendekatan ini mengakibatkan Ilmu Hukum Adat Positif menjadi berbeda dari studi-studi hukum adat yang menggunakan pendekatan sosial. Kajian sosial hukum adat tidak membayangkan ada unsur-unsur universal yang bisa merepresentasikan adat atau hukum adat, yang dalam Kenyataanya beragam karena memiliki keunikan-keunikan. Perbedaan ini sekaligus menjauhkan Ilmu Hukum Adat Positif dari studi-studi sosial, yang dijadikannya sebagai rujukan awal. Kedua, introduksi pendekatan positivisme sekaligus merupakan tindakan menerapkan pemikiran-pemikiran Hukum Barat (western legal thoughts) dalam menggambarkan hukum adat. Hasilnya, sebagian gambaran mengenai hukum adat yang dihasilkan dari pendekatan ini, bersifat bias. Tulisan ini berargumen bahwa pendekatan posivistik dalam Ilmu Hukum Adat Positif telah membuat disiplin ini menjauh dari sifat alamiah hukum adat yaitu yang terus berkembang mengikuti proses dinamik relasi-relasi sosial. Tulisan ini, selain memaparkan sejarah kelahiran Ilmu Hukum Adat Positif, juga memperlihatkan bagaimana Ilmu Hukum Adat Positif tidak mampu merespon dinamika pada hukum adat dengan cara melihat ulang istilah dan konsep-konsep yang digunakan beserta pengertiannya

The Payment of Inheritance Acquisition Duty of Right on Land and Building in Sleman

This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it

Adat, Islam, and the Idea of Religion in Colonial Indonesia

Based on some early anthropological accounts, people understand adat as any traditional practice: including visiting graves and forest, belief in supernatural powers, and other rituals and ceremonies. Practically speaking, people have not differentiated between the term adat and the encompassing traditions, customs, laws, and others. However, the discourse of religion has influenced the comprehensiveness of the idea of adat. This paper describes the construction of adat through the colonial period, a time dominantly influenced by the discourse of religion. I argue that the colonial construction of adat has strongly impacted religion in Indonesia. Adat which became a contested term and used by the rulers has declined the religious dimension of adat. The construction of adat and the disposition of adat from religion was influenced by various factors including colonial policies. This paper identified three dominant discourse of adat as political construction in colonial Indonesia: firstly, adat as animism was considered as the practices which are not religious, uncivilized and primitive; secondly, the mainstream of adat law has concerned on the secular aspect of adat while neglected the religious dimension of adat; thirdly, the construction of adat as not religion subsequently strengthened the Islamic identity and stressed the adat as opposed to Islam

Kelembagaan dan peranserta masyarakat dalam pengelolaan hutan

xi.; 162 hal.; ill.; 19 c

Indeks persepsi negara hukum Indonesia 2012

xvii.; 198 hal.; ill.; 19 c

The States Position regarding Registration of Customary Land (Orientasi Negara dalam Pendaftaran Tanah Adat di Indonesia)

Indonesian Agrarian Law syncretically aims to create a national legal unity and respecting customary rights to land at the same time. The second aim is to tolerate the diversity in national land law. In the implementation of customary land registration, these two objectives do not appear to be in sync. In fact, the first objective is very important, which causes the second goal to receive very little attention. This paper sees that the process of customary land registration shows the tensions in achieving these two objectives. The paper will explain how the Indonesian government subordinates the second objective. In fact, the first objective has become the orientations when it comes to the registration of customary land, as well as the regulations and practices supporting it. Such orientations, regulations, and practices cause many consequences for the communalistic nature of ulayat lands, as well as the law implementation and authority of the lands

Farmer’s willingness to accept the sustainable zoning-based organic farming development plan: A lesson from Sleman District, Indonesia

Zoning-based organic farming has become increasingly attractive in Indonesia for producing healthy food, improving the quality of land and the environment, and increasing the welfare of farmers. The problem is that organic farming areas should be certified by a legal agency called the National Standardization Agency and the cost should be paid by farmers in those areas. Zoning allows the farmers to jointly manage farming areas, including payment of certification costs. However, the success of zoning-based organic farming implementation depends on farmers’ acceptability. This study aims to analyse perceptions and knowledge regarding zoning-based organic farming plans, measure the level of farmers’ willingness to accept (WTA) zoning-based organic farming plans and determine the effect of economic, ecological, and social support factors, as well as other factors towards WTA the zoning-based organic farming system. This study found that the majority of farmers perceive zoning-based organic farming as economically viable and ecologically and socially supported compared to conventional farming since most of the farmers have good knowledge regarding the importance of zoning. Although the farmers have long been experiencing conventional farming, the number of WTA farmers in zoning-based organic farming is very high. The study confirmed that the ecological aspect is the most influential in accepting zoning-based organic farming. Economic factors have a very strong influence on increasing farmers’ WTA zoning-based organic farming. This study also suggests that the implementation of zoning-based organic farming needs to be sustainably supported by the community