Highlighting the Agrarian Reform Program in Batulawang Village

Legal Literacy- This article reviews and highlights how government policies deviate from theagrarian reformprogram as mandated by the Basic Agrarian Law.

Introduction

The spirit of agrarian reform contained inLaw Number 5 of 1960is the existence of land law that is oriented towards justice and social welfare. Agrarian reform itself is a program to reorganize land ownership to realize justice in land control. Land control is oriented towards bringing social welfare in addition to individual welfare. The welfare of farmers as central actors for food security and sovereignty also receives more attention because the state is highly dependent on farmers in this sector. Without the presence of farmers, the state will face difficulties in dealing with domestic food problems which can have implications for other aspects. Due to the urgency of land governance, the state as the holder of prerogative rights regulates this in government policy. Law Number 5 of 1960 or what is commonly called the Basic Agrarian Law (UUPA) has mandated populist land management so that land management is not only enjoyed by a handful of parties. The mandate of the Law is derived in various regulations and policies below it so that it is hoped that the agrarian reform can run as it should. However, in its dynamics, the agrarian reform program often deviates from its objectives at the implementation stage. The government as the official authority often regulates things that deviate. Even in some cases, the government is negligent and turns a blind eye to disputes involving agrarian reform. An example is the incident that befell farmers in Cianjur Regency, precisely in Rawabelut Village and Batulawang Village. This incident is one indication of the government's lack of seriousness towards the implementation of the agrarian reform program.

Discussion

The agrarian dispute case that occurred in a village in Cianjur Regency, namely Batulawang Village, is a dispute regarding the status of land managed as agricultural land. This agrarian dispute occurred between the villagers and the Land Bank and also involved PT Maskapai Perkebunan Moelya (MPM). The case that occurred in Batulawang began when in 1989 PT MPM promised ownership rights to the former land of PT MPM's Cultivation Rights (HGU) covering 93 hectares. Each resident received approximately 2,500 m2 of land and paid installments of Rp 20,500,000.00 for 5 (five) years. The land was initially used for chicken farming but failed in the first year, so the residents returned to their profession as farmers. Towards the end of December 2022, the residents proposed that the 93 hectares of former PT MPM's Cultivation Rights land be a priority location for agrarian reform or LPRA. The 93 hectares of land was successfully registered as an LPRA object to accelerate agrarian reform. This is in line with the government's program regarding agrarian reform as mandated by Presidential Regulation Number 62 of 2023 concerning the Acceleration of Agrarian Reform Implementation. With the acceleration of agrarian reform, the residents can immediately obtain ownership rights to the former Cultivation Rights land covering 93 hectares. However, in reality, ownership of the 93 hectares of land is hampered because it turns out that the land has been transferred to the Land Bank in 2023. In response to this, the Land Bank relocated the LPRA, but the relocated land is very unsuitable for habitation and management by the residents. The residents then demanded their ownership rights that were relocated in an unsuitable manner from the Land Bank. The Land Bank, which has coordinated with the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), has created an alternative scheme. The Land Bank through the Agrarian Reform Task Force (GTRA) has provided replacement land for 1927 residents. The residents are given usage rights for 10 years first. These usage rights are given temporarily to the residents, and after 10 years, these usage rights will become ownership rights. Meanwhile, the residents' settlements will be maintained first, while the relocation of the residents' cultivated land is still in the discussion stage. According to GTRA, granting temporary usage rights and then changing them to ownership rights is done to protect the farmers themselves. The redistribution program learns from experience that it is often tricked by farmers transferring their ownership rights to other parties. Therefore, the Ministry of ATR/BPN believes that this method can provide protection for farmers. The Agrarian Reform Consortium or KPA criticizes the agrarian policies implemented by the government through the Ministry of ATR/BPN. KPA assesses that there is no guarantee that after 10 years the right to use will become ownership, full rights to farmers. In addition, the citizens since the New Order (Orba) have built their own villages and own land as an indication of their existence. However, with this policy, they must prove their existence again for the next 10 years and this is considered a form of injustice.