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

Social enterprise as a model for developing Aboriginal lands

AbstractCommon property (communal land) is often viewed negatively with some claiming that communal land ownership and the absence of private property rights more generally have been insurmountable barriers to Indigenous enterprise. This paper provides a brief overview of common property resources and explores how Aboriginal common property is being used by some Aboriginal groups to develop social enterprises that provide benefits to remote communities, the environment and wider Australia. It notes that while some conservation and philanthropic organisations recognise this and have begun to work with and invest in these enterprises, government support often remains risk averse

Nagari Boundary Conflict in West Sumatera: A Case Study of Nagari Sumpur and Bungo Tanjung

Communal land boundary conflict between Nagari Sumpur and Bungo Tanjung has been occurring for more than 100 years. Certainly, the conflict that occurs at communal land border reaches a crisis point that leads to aggression such as murder, theft of farm products, coercion lease relationship which exacerbates social relationship. The aims of this research are to identify the guidelines of each Nagari regarding communal land ownership in the boundary region...

Design of a communal land tenure information system for Namibia

Bibliography: pages 77-83.This thesis describes some of the communal land tenure systems pertaining to Namibia. Understandably, lands held under communal land tenure have tended to be neither fully documented nor legally and explicitly formalised; communal land tenure systems have been through the mercy of arbitrary action by the state, private individuals or other institutions (S.A Government, 1996: 43). The study attempts to examine the issues involved in the design of a communal land tenure information system for Namibia. It therefore seeks to examine the possibility of using information technology to plan and manage customarily held land, the requirement for an effective design and implementation of such a system and the method of designing such an information system to make room for continual improvement and the addition of finer detail. The research begins with an in-depth literature review of the communal land tenure systems in Namibia and a description of similar information systems. This is followed by the research methodology, which describes the technique used for collecting, analysing and presenting the results of the study. The needs analysis and the data structure contained in the atlas are outlined. The fundamental concepts of database design and the various steps taken by the author to design and construct the land tenure database model for the dissertation are also discussed. The pilot project is analysed, taking into account the capability of the system, its success in terms of a needs analysis, and the adequacy of the data. It specifically analyses the design in the light of social relationships, person or group interests and the spatial component of communal land tenure systems with respect to each area. In addition, it seeks to answer the question whether the tool fits the communal land tenure system, discusses the strengths and weaknesses of the overall system design and the implementation strategies. It is envisaged that, with the provision of the information system in union with its database, this will help to identify and document a communal land tenure system. For the rural dweller or farmer, this system will provide a pictorial image of what is really happening on the ground. The information system could later be upgraded and fully implemented, enabling individuals to effectively plan activities around the existing circumstances and conditions. The recommendation that came out from the study was that given the limited information available on communal land tenure systems, more effort should be spent to study and gather data on the system. It is strongly recommended, therefore, that research into conditions in the communal areas be regarded as a top pri01ity by the Government of Namibia. This could lead to a richer information base in the communal areas to be utilised to improve the lifestyle of the rural communities. Thus, the prototype project designed in this thesis should be implemented fully and later developed and incorporated into an information system which, in the past, has lacked communal land tenure input. The research could not touch on all the communal land tenure areas in Namibia. It is therefore advised that the rest should be investigated in more detail. The inheritance and conflict resolution mechanism which were not modelled effectively should also be reinvestigated

Relationship Between Communal Leasehold Right and Investment in Small-Scale Farms: A Case Study in Kavango West, Mpungu Constituency

The government of the Republic of Namibia enacted the Communal Land Reform Act (Act No. 5 of 2002) to ensure the smooth administration and management of communal land resources. The impact of land reform on agricultural production and investments has had mixed results as to whether security of tenure enhances investment and productivity. This study assesses the level of investments made by beneficiaries of the leasehold rights, determines the relationship between access to leasehold rights and investments, and assesses the perceptions of the farmers on the Communal Land Reform Act using the independent T-test, Binary Logistic Regression model and situation analysis. The results indicate that leasehold tenure rights have positive effects on farmers’ decisions to invest in physical farm infrastructure. Private farmers were found to invest more than farmers in the communal land zone did. Using the situational analysis, the perception of the farmers toward the Communal Land reform Act shows that leasehold land rights are accepted to have impact on investments, while the customary land rights do not have significant impact on investments, and the farmers did not recognise its importance. Awareness campaigns on the importance of customary land registration and the importance of farm investments must be intensified. Further research is recommended on farm investments. Keywords: farm investment, land reform, security of tenure, leasehold rights, binary logisti