1 research outputs found
HUBUNGAN KELEMBAGAAN FORMAL DAN INFORMAL DALAM PROSES PERIZINAN (IMB) DENGAN MENGGUNAKAN IZIN PAKAI PADA TANAH ULAYAT DI KECAMATAN KURANJI KOTA PADANG
ABSTRACT
The background of this research is a phenomenon of uncertified ownership of tanah
ulayat (communal land) in which certification is a formal prerequisite in obtaining /
arranging for permits to fulfill by all citizens including the owners of communal land.
Office for City Planning and Interior of Padang City specifies a specific policy for
uncertified communal land that community should fulfill requirements for IMB (Building
Permit) by having a so-called “use permit” that is a formal letter which proves the
ownership for as well as a permit to utilize the communal land. It is made by a chief of clan
being authorized in arrangements for communal land, acknowledged by Head of Village
and Head of Subdistrict. The use permit has no legality for there are no local regulations
or Mayor’s Decree which stipulate it in building permit (IMB) arrangement for uncertified
communal land.
This research aims to study and to analyze coordination among formal and
informal institutions in permit arrangement (IMB) which utilizes the use permit for
uncertified communal land in Padang city. The objective of research is focused on analysis
of variables related to coordination among formal and informal institutions in permit
arrangement which utilizes the use permit for uncertified communal land. In particular,
analysis of actor variable with reference to role and authority functions of formal and
informal institutions.
This very research employs qualitative-descriptive approach by means of interview
and observation techniques as well as an in-depth study of relevant documents. The
purpose is to figure out roles and functions of formal institutions engaged in permit
arrangements and those of traditional community that require a permit to establish a
building on uncertified communal land, and to find out any related processes/procedures,
legalities as well as coordination among formal and informal institutions.
The research findings reveal that coordination indeed takes place between
government institution (Office for City Planning and Interior) and traditional/informal
institution (chief of clan) in the form of use permit. It is an informality taking place within
a formal process. Government applies a managerial approach in the form of coordination
with traditional institution to deal with permit issues for uncertified communal land. The
coordination also shows the role and function of informal institution being respectable and
applicable in daily lives of communal society. Thus Office for City Planning and Interior
can carry out its role and function in controlling development through permit (IMB) in line
with the city plan. The use permit is merely a policy with no legality. However, building
permit (IMB) for uncertified communal land with use permit is valid and legal. There
seems to be no coordination with other government institutions pertaining to permit
arrangement. Besides, there has not yet been database on communal land in the form of
statistical data or ownership mapping of communal land.
The recommendation proposed is that there should be a specific policy for
communal land which regulates legal permit mechanism and institutional coordination
related to permit arrangement (IMB). The use permit may be an effective solution for
monitoring and controlling development in line with the city plan.
Keywords : IMB (Building Permit), Communal Land, Formal and Informal Coordinations