Written by: Usep Setiawan

Sinar Harapan: Tuesday, March 10, 2010 13:59

There is good news which did not spread adequately

In January 22, 2010, President Susilo Bambang Yudhoyono signed Government Regulation (PP) number 11 year 2010 about Controling and Abandon Land Utilization. This PP was a replacement of PP 36/1998.  

PP 11/2010 is a new regulation about abandoned of land, which it contains eight chapters, 20 articles and includes part of explanation.  The eight chapters covers general provisions, the objects of control abandoned land, identification and research, warning, the determination abandoned of land, utilization of state land ex abandoned land, transitional provision, and provision cover. Writers include as party which encourage and wait for amelioration of this land regulation. After studied substance of PP 11/2010, this bellow of criticism reviews which need to be concern accurately.

Control Aspect

All kind of rights which arranged in Law No. 5/1960 (UUPA) become land object which as targets by this PP, covered: “Control of object of abandon land include land which has granted rights by the state such as Property of Rights, Rights of Belonging, Rights of Use Building, Rights of Using, and Rights of Manage, or base of belonging above land which not as business, unused, or not utilized in accordance with its circumstances or the nature and purpose of basic entitlements or mastery, "(Article 2).

Meanwhile, object which excluded (article 3) pervade: “not including object of control of abandoned land reffered in article 2 are: (a) Land of property rights or Rights of Use Building in personal name which coincidence not being used suit to circumstance or nature and purposes of giving its right; and (b) land which controlled by the Government, directly or not and has have status or it status yet as State property/regency which accidentally not being used suit as it circumstance or nature and purposes of giving its right.

Precise at this part the weak point of PP 11/2010. This thing had potential difficulties of effort to control of abandoned lands in wide scale managed by state corporation/regency. Whereas, all this time the areas that been managed by state corporation in forestry sector as well as in plantation was important cause the birth of the imbalance of mastery and land owner.

This thing always result in conflict and land dispute against poor people in surrounding area, trigger the declining of quality of nature services, and alleged become the lair of corruption. But, abandoned land control in which its mastery and bussines to state corporation, according to this PP should be proved “its inadvertency”. 

For that, narrow hole such “intentional” or “not” this should be clearer so it can be instrument in controlling of land which had abandoned by BUMN/D. This is crucial home work in regulate further operationalization of PP 11/2010, with courage, decisiveness, and official consistency and apparatus in its implementation.      

Terhadap tanah terindikasi telantar akan diidentifikasi dan diteliti oleh Kanwil BPN bersama panitia (Pasal 7, Ayat 4, 5, 6, dan 7). Setelah proses identifikasi dan penelitian selesai dan ada fakta tanah telantar, lalu masuk ke proses peringatan. Dalam hal peringatan, peme­rintah akan memberikannya sebanyak tiga kali dalam tiga bulan (Pasal 8, Ayat 1, 2, dan 3). Rentang waktu peringatan ini kita catat sebagai kemajuan, mengingat dalam PP lama, pe­ringatan diberikan selama tiga kali dalam tiga tahun.

Concerning about land which indicate as abandoned will identify and exam by Regency office (Kanwil) of BPN along with committee (article 7, subsection 4, 5, 6 and 7). After identification process and examination completed and there was facts of abandon land, then enter the warn process. In this warn, Government will gives as much three times in three month (Article 8 subsection 1, 2, and 3). Time line of this warn we noted as improvement, recall in old PP, warn given for three times in three year. 

According to this PP, land which stated in circumstance of status quo so it free from law until it issued determination of abandoned land which also contain the abolishing determination of rights above the land, as well as cut of law connection and stated firmly as land which controlled directly by the State.  

Aspect of Utilities

Then, what for and for whom the land which has stated as abandoned? It necessary to observe it aspect of utilities. According to Article 15, “Allocation of mastery , possesion, use, and utilization of state land ex abandoned land empowered for the interest of people and state trough agrarian reform and strategic program of state also for reserve of state”. Allocation and arragement of allocation of abandoned land vestige should be done by Chief of BPN of Republic of Indonesia. 

Description referred to the explanation part article 15 paragraph 1: Agrarian Reform as land policies which covered structuring of political system and Law of Land also structuring of asset and peoples access above land appropriate with the spirit of article 2 Decree of MPR RI No. IX/MPR/2001 on Agrarian Reform and Natural Resource Management, and article 10 Law No 5/1960 about regulation on basic Agrarian. (BAL). Structuring of assets and people access to the land can be trough distribution and re-distribution of state land ex abandoned land. 

Meanwhile, strategic program of state, that is to developing food sector, energy, public housing in order to increasing welfare of people. Although, the interests of other State reserves inter alia is to fill the requirement of land for state interest, security and defense, needs of land caused nature disaster, relocation and community resettlement as affect of development for public interest.     

According to writer consideration, allocation for agrarian reform should be priority. In line with what has deliver by President Yudhoyono in his speech of inauguration of Strategic Programs of Land in Marunda, Jakarta (15/1), one of implementation of agrarian reform is in sense of land reform plus access provide which enable have by community and utilization of land, also other access which be needed. For that, PP 11/2010 in line with intention to implemented the plus of agrarian reform in earlier.

Beyond of the substance of new regulation of abandoned land, for the success of its implementation, absolute needed a leader and state apparatus (especially BPN and Local government) which honest, mandate, understand agrarian reform, capable to work effectively, and always have side on poor people.

The question, will agrarian reform can be mainstream of policy in structuring agrarian in this agrarian country? If not, enforcement operation and empowerment of abandoned land will difficult dismantle structural roots disease which critical, that is imbalance and social injustice. 

Writers is chief of National Council of Consortium Agrarian Reform (KPA)

Sources:

http://www.sinarharapan.co.id/cetak-sinar/berita/read/regulasi-baru-tanah-telantar/