scholarly journals PERJALANAN REFORMA AGRARIA BAGIAN DARI AMANAH KONSTITUSI NEGARA

2021 ◽  
Vol 7 (1) ◽  
pp. 115-138
Author(s):  
Setiyo Utomo
Keyword(s):  
Land Reform ◽  
Agrarian Reform ◽  
Job Creation ◽  
Land Ownership ◽  
Easy Access ◽  
Legal Documents ◽  
The Poor ◽  
Policy Priority

The author examines and describes how agrarian reform is realized during different government periods. To do that, policy, and legal documents, directly or indirectly related to agrarian reform, is analysed. This research reveals that attempt at agrarian reform up to present is focussed developing policies aiming to restructure land ownership and utilization (land reform).   Another finding is that the promulgation of Law No. 11 of 2020 (Law on Job Creation) tends to shift the focus more on granting easy access to land for development purposes. This change of policy priority will have dire consequence to access to land for the poor and most likely increase agrarian conflicts.

scholarly journals Kendala Pelaksanaan Landreform di Indonesia: Analisa terhadap Kondisi dan Perkembangan Berbagai Faktor Prasyarat Pelaksanaan Reforma Agraria

2016 ◽  
Vol 22 (2) ◽  
pp. 89
Author(s):  
NFN Syahyuti
Keyword(s):  
Land Reform ◽  
Agrarian Reform ◽  
Land Ownership ◽  
Complete Data ◽  
New Order ◽  
Land Area ◽  
Political Will ◽  
Reform Era ◽  
Reform Program ◽  
The Government

<strong>English</strong><br />Land reform program was once successful in Indonesia in 1960’s although it included only land area and limited number of receiving farmers. The New Order government never carried out land reform program explicitly, but it was substituted with programs of certification, transmigration, and Nucleus Estate Smallholders development. All of those programs aimed at enhancing people’s access to land ownership. The governments in the reform era improve some regulations related with agrarian reform but no real program of land reform. Theoretically, there are four imperative factors as prerequisites for land reform program, namely political will of the government, solid farmers’ organization, complete data, and sufficient budget. At present, all of those factors are still difficult to realize and, thus, land reform in Indonesia is hard to be implemented simultaneously. <br /><br /><br /><strong>Indonesian</strong><br />Program landreform pernah dicoba diimplementasikan di Indonesia pada era tahun 1960-an, meskipun hanya mencakup luasan tanah dan petani penerima dalam jumlah yang sangat terbatas. Kemudian, sepanjang pemerintahan Orde Baru, landreform tidak pernah lagi diprogramkan secara terbuka, namun diganti dengan program pensertifikatan, transmigrasi, dan pengembangan Perkebunan Inti Rakyat, yang pada hakekatnya bertujuan untuk memperbaiki akses masyarakat terhadap tanah. Sepanjang pemerintahan dalam era reformasi, telah dicapai beberapa perbaikan dalam hukum dan perundang-undangan keagrariaan, namun tetap belum dijumpai program nyata tentang landreform. Secara teoritis, ada empat faktor penting sebagai prasyarat pelaksanaan landreform, yaitu kesadaran dan kemauan dari elit politik, organisasi petani yang kuat, ketersediaan data yang lengkap, serta dukungan anggaran yang memadai. Saat ini, kondisi keempat faktor tersebut masih dalam kondisi lemah, sehingga dapat dikatakan implementasi landreform secara serentak dan menyeluruh di Indonesia masih sulit diwujudkan.

scholarly journals The Significance of the Agrarian reform in Nicaragua

2014 ◽  
Vol 5 (3) ◽  
pp. 138-144
Author(s):  
Wilm Johannes
Keyword(s):  
Government Policy ◽  
Land Reform ◽  
Agrarian Reform ◽  
Land Ownership ◽  
Small Scale ◽  
Land Redistribution ◽  
Form Part ◽  
Before And After ◽  
The Government ◽  
Over Time

The term "land reform" is in Nicaragua often-times presented as a feature only associated with the government of the Frente Sandinista de Liberación Nacional (FSLN) of the 1980s (see for example Rocha, 2010; “Land reform reformed,” 1997; Zalkin, 1990), yet in this article I argue that some type of land redistribution has been the policy of all governments both before and after the 1980s, and that this process continues during the current FSLN government, but that the direction and the magnitude of the redistribution has changed significantly over time. One needs to understand this history and the considerations about Nicaraguans make about previous land redistribution patterns in order to make sense of what land ownership means in this country. While the land reform of the 1980s was the most direct redistribution, this article argues that land reform in favor of small-scale producers has been taken up again after 2007, even though it does not form part of official government policy. At the same time other factors seem to be if more importance in lowering economic differences.

Does Land Still Matter? Gender and Land Reforms in Zimbabwe

2021 ◽  
pp. 227797602110291
Author(s):  
Lyn Ossome ◽  
Sirisha C. Naidu
Keyword(s):  
Land Reform ◽  
Fast Track ◽  
Agrarian Reform ◽  
Land Ownership ◽  
The Political ◽  
Class Structure ◽  
Structural Element ◽  
Land Reforms ◽  
Reform Program ◽  
And Gender

The Fast Track Land Reform Program (FTLRP) in Zimbabwe effected changes in the racial, class, and gender structure of land ownership. However, while changes in the racial and class structure have been well explored in existing literature, their articulation to gender in the agrarian structure is not yet well understood. This is because the literature has mainly accounted for gender in relation to the formal redistribution of land to women through titling, and not as a structural element of agrarian reform that locates women within the labor and capital nexus of land ownership. This article aims to fill this gap in our understanding of the gendered agrarian component of FTLRP by locating gender within the political economy of the agrarian reform and by evaluating gender in relation to the capitalist accumulation structure which the land reform sought to alter.

scholarly journals Land Ownership Reform in Islam

2019 ◽  
Vol 15 (2) ◽  
pp. 164
Author(s):  
Ridwan Ridwan
Keyword(s):  
Land Reform ◽  
Islamic Law ◽  
Historical Data ◽  
Agrarian Reform ◽  
Land Ownership ◽  
Law Reform ◽  
Land Distribution ◽  
Head Of State ◽  
History Of ◽  
Ownership Reform

This article shows that Islam has laid the foundations of agrarian law reform or land reform, from the oppressive and exploitative pre-Islamic system of land ownership towards the fair, equitable and humanist-religious-based distribution of land ownership. The purpose of agrarian reform cannot be separated from the objectives of the law in general, that is to create justice, expediency and law certainty which describe the legal values either juridical, sociological or philosophical. To explain the idea of agrarian reform in Islamic law, there are some discussions proving the existence of the notion of land ownership reform in terms of the process of land right ownership and patterns of land distribution by the State based on the historical data, especially early history of Islam. Shifting paradigm from the feudalist pre-Islamic ownership system to the communalist-religious Islamic ownership system under the single authority of the head of state on the basis of the principle of fairness rests on the spirit to realize the ideals of public benefit.

AGRARIAN REFORM UNDER THE REIGN OF JOKO WIDODO VIEWED FROM BASIC AGRARIAN LAW

2020 ◽  
Vol 10 (1) ◽  
pp. 107-122
Author(s):  
Rizka Refliarny ◽  
Herawan Sauni ◽  
Hamdani Ma'akir
Keyword(s):  
Economic System ◽  
Land Reform ◽  
Agrarian Reform ◽  
The State ◽  
Active Involvement ◽  
Reform Program ◽  
The Will ◽  
A Priority ◽  
Agrarian Law ◽  
Priority Program

This study raises the issue of agrarian reform draft under the reign of President Joko Widodo. Agrarian reform became a priority program in the RPJMN of 2015-2019. Based on this matter, the writer analyzes the concept of agrarian reform during the reign of Joko Widodo terms of BAL. The nature of the study was a normative research with statute approach, which was done in four ways, namely descriptive, comparative, evaluative and argumentative. The results showed that the agrarian reform draft during the reign of Joko Widodo is a concept of land stewardship and land reform. The economic system leads to a form of capitalism. It is necessary to conduct refinement of content and material of BAL implementation in order to achieve the justice and the welfare of the nation and the State. The agrarian reform program should be carried out in stages in order to obtain the desired results. It requires the will, ability and active involvement of all elements of the state.

Mahmood Hasan Khan. Underdevelopment and Agrarian Structure in Pakistan. Boulder, Colorado: Westview Press. 1981. pp.xviii+ 307.

1981 ◽  
Vol 20 (4) ◽  
pp. 465-468 ◽  
Author(s):  
Douglas H. Perry
Keyword(s):  
Ownership Structure ◽  
Land Reform ◽  
Land Ownership ◽  
Past Century ◽  
The Past ◽  
Ownership Patterns ◽  
Agrarian Structure

Students of the land ownership patterns in Pakistan have always been hampered by extreme lack of data, neither the 1960 census nor the 1972 census reveal anything about the actual ownership structure of land. Khan's book goes some distance in providing numbers on land ownership (for 1971 and 1976), and also documents methods and failures of land reform efforts over the past century in Pakistan, disaggregated to show efforts in this regard in both the provinces of Sind and Punjab. The book actually provides an overwhelming amount of data - some 87 pages of charts and tables document a book of under 200 pages of text.

The impact of land reform on the development of united territorial communities

2020 ◽  
pp. 29-33
Author(s):  
Tamara Smovzhenko ◽  
Oryslava Korkuna ◽  
Ivan Korkuna ◽  
Ulyana Khromyak
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Public Lands ◽  
Living Standards ◽  
The Public ◽  
Legal Documents ◽  
Practical Research ◽  
The Impact ◽  
Land Code

Nowadays, according to decentralization and current legislation (Land Code of Ukraine, Resolution of the Cabinet of Ministers of Ukraine and the Law of Ukraine «On Self-Governance»), the public lands have been transferred to the CTCs since 1 February 2018. In 2018/2019, 788 CTCs received communal ownership of 1.68 ha of public lands. According to the Draft Law «On Amendments to Several Legal Documents of Ukraine on Agricultural Lands Turnover», the consolidated territorial communities become the legal entities and can acquire property rights to agricultural land plots. Therefore, transferring the lands to be used by the newly created CTCs is currently an urgent issue that requires extended scientific and practical research. The paper aims to research the role of land reform in Ukraine and its impact on increase of CTCs’ budget revenues. The stages of land reform and the development of the land reform in Ukraine as well as its implementation strategy are outlined. The disparities of the integrated satellite map and the data of the Land Cadaster of Ukraine in terms of unregistered lands are defined. The amount of a CTC budget’s increased revenues due to the reform is estimated. Statistical data on small, medium, and large farmers and their interest in the land reform are analyzed. The terms of selling the land to foreign investors and conditions of participation in land auctions are examined. The mechanisms of land purchase, selling, and lease in line with the land reform are suggested. Generalizing the presented aspects of the land reform in Ukraine and their impact on economic activity of the newly created CTCs, it can be argued that the process is quite positive and necessary for both communities and businesses in order to get additional budget revenues for CTCs. The land reform improves the living standards of Ukrainian people through the disclosure of the country’s agricultural capacity.

scholarly journals DINAMIKA KERAGAAN KEMISKINAN DI DESA PATANAS DAN UPAYA MENGATASINYA

2017 ◽  
Vol 11 (1) ◽  
pp. 118
Author(s):  
Valeriana Darwis
Keyword(s):  
Poverty Reduction ◽  
Agricultural Sector ◽  
Arable Land ◽  
Land Ownership ◽  
Land Rent ◽  
Irrigated Rice ◽  
The Poor ◽  
Development Agenda ◽  
The Government ◽  
Negative Growth

Poverty reduction  is a priority  development agenda  and  a lot of  programs or  policies  that  have  been  implemented  by  the  government.  One  of  the  pockets  of poverty  are  diperdesaan  where  people  work  in  the  agricultural  sector.  In  locations irrigated  rice  agro-ecosystem  study  the  performance  of  rice-based  poverty  in  2007 and 2010  experienced a  negative growth,  it is seen from: (i)  reduced  employment  and increased  unemployment,  (ii)  a source  of income  from  agriculture  generally,  but  she became  a source  of income  in  non-agriculture,  (iii)  land  ownership  between  0.25 to 1 ha  and  reverse  the  decline  of arable land  rent  is increasing,  (iv)  expenditure  on food increased  primarily  to  meet  the  needs  of  carbohydrates  and  animal  sources.  The dynamics of  the most  positive  efforts  made  respondents  in addressing  the problem of food  by  way  of  debt,  overcoming  difficulties  by  reducing  the  amount  of  clothing purchases,  overcoming  difficulties  fulfilling  its way into  participants  health  insurance for the poor,  addressing  educational  problems  by borrowing  money  or  do not  attend school.

scholarly journals Agrarian policy of the Ukrainian State on the journals of the meetings of the Council of Ministers

2017 ◽  
Vol 25 (1) ◽  
pp. 189
Author(s):  
Dmytro Volodymyrovych Arkhireyskyi
Keyword(s):  
Information Content ◽  
Land Reform ◽  
Price Policy ◽  
Land Ownership ◽  
Agrarian Policy ◽  
Policy Information ◽  
History Of ◽  
Military Command ◽  
Council Of Ministers

The information content of the journals (minutes) of the meetings of the Council of Ministers of the Ukrainian State (1918) is investigated, which makes it possible to clarify the specifics of governmental agrarian policy. Information on the influence of the German and Austro-Hungarian military command on the agrarian policy of Ukraine, the peculiarities of land ownership and agrarian relations, the food and price policy of the Ukrainian government, and attempts at agrarian and land reform are discussed. The journals of the meetings of the Council of Ministers contain information about the emergence of a peasant rebel movement, caused in general by the unsuccessful agrarian activity of Hetman P. Skoropadsky, and also about government measures aimed at suppressing this movement. The investigated documentary complex should be recognized as an important source on the history of not only the Ukrainian State, its agrarian policy, but also the insurrectional movement and the Ukrainian Revolution of 1917−1921 generally.

scholarly journals The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

2019 ◽  
Vol 4 (1) ◽  
pp. 125-127
Author(s):  
Widhiana Hestining Puri
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
Customary Law ◽  
Regulation Mechanism ◽  
Individual Property ◽  
Positive Law ◽  
Community Regulation ◽  
The Village

THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY   Widhiana H. Puri Phd Student at Law Fakulty of Gadjah Mada University and Lecture in National Land Academy, Indonesia. Email [email protected] Research Highlights   Land reform is a state effort to overcome the imbalance of land tenure in the community (Wiradi, 2000 # 1). Customary law in the Javanese community recognizes the existence of a mechanism of welfare distribution through the ownership and joint use of land in community togetherness bonds based on territorial factors as well as the concept of land reform. The existence of customary land as pekulen land is land owned by the village whose use rights can be requested by the villagers with a rotating utilization mechanism among the villagers in need (Luthfi, 2010 # 2). The study found that indigenous peoples in Java had a welfare distribution mechanism that was the essence of land reform or agrarian reform through a mechanism of land communalization and distribution of its use carried out on a shared land / communal land of the village in rotation.     Research Objectives This research was conducted in order to understand the phenomena of the implementation of law that developed in the community. The existence of community law or so-called non state law, informal law, or customary law in Indonesia is very numerous. The reality of this law is that the majority is still far from the attention and order of a positive and formal state legal arrangement. The community regulation model is an effort to meet the needs of its legal ideals in the midst of limited state positive law arrangements that tend to be more static and less responsive (Puri, 2017 # 16). The community regulation mechanism is a manifestation of unity in the village community where the distribution of land use is carried out among community members who have a concept in line with the national agrarian policy of the country called land reform. The regulatory model initiated from the local level becomes the learning material for how the land regulation mechanism is not always top down, but can be bottom up based on customary law that is proven effective and in accordance with the characteristics of the local community.     Methodology This research was carried out through an empirical legal research model with research locations in villages in Pituruh Subdistrict, Purworejo Regency, Central Java Province. This research is a kind of analytical descriptive research that is directed to get an idea of ​​how the implementation of Javanese traditions in land management has a concept similar to land reform or agrarian reform. In order to analyze existing traditions, a socio-legal approach is carried out, namely a study of the law using the approach of law and social sciences in order to analyze it (Irianto, 2012 # 17). The legal approach referred to is not only to see aspects of norms that are built on the provisions of customary law alone but by looking at their relevance to the regulation of the positive law of the country as the territory of the enactment of the community regulation. This is to see the common thread and the interrelationship between the two and avoid the release of the phenomenon of legal pluralism that is within the scope of national law. So that the legal norms of the community can be assessed as the model of regulation that can be applied in other regions.     Results Javanese people in Indonesia have a land regulation mechanism that has a concept similar to that of land reform or agrarian reform by the state. The customary law of the Javanese community has a common bond based on territorial factors or similarity in the area of ​​residence (Taneko, 2002 # 11). Customary law communities with their customary rights can own and control land both in the concept of individual property rights and communal / communal property rights. The concept of shared property / communal rights illustrates the existence of ownership rights by all members of the community embodied in village control (Susanto, 1983 # 18). One form of joint ownership is the right of possession which can be controlled by community members with the permission of the village government to be used for the benefit of themselves and their families with a rotating mechanism. At present, land is experiencing strengthening and individualization, but the character of togetherness and social function of land is maintained through the distribution of utilization rights of speculative land which has the status of individual property rights, in village settings.     Findings Land reform or agrarian reform is a land policy that aims to overcome the imbalance of land tenure through the distribution of land to people in need. Land reform or agrarian reform can be extended not only to the concept of distribution of land ownership but also to the control and use of land. The limitations of the number of land parcels and the need for land can be overcome through a model of tenure and shared use of land based on the concept of joint property / communal rights over land.    

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