In order to continue on advocacy for the Land Bill, KPA had a hearings with Gerindra party as one of fractions, on Tuesday (23/8) at Parliament House in Senayan. In the occasion, KPA was represented by Vice General Secretary, Dewi Kartika; Head of Policy Advocacy Department, Yahya Zakaria; and Head of Study and Campaign Department, Adhi Wibowo. Meanwhile, Gerindra was represented by Head of Commission II, Endro; a member of Commission II, Sareh; Coordinator of Experts, Cholik; and members of Gerindra.
Advocacy for the Land Bill has already come a long way since SBY regime, up to Jokowi regime today. Under these two presidents, agrarian reform has always been one of governments’ work programs.
However, in reality, it can not be said to be successful, because there were a lot of flaws in its implementation process. The errors in interpreting agrarian reform by these two governments has been the source of its stagnancy.
The Land Bill as Lex Specialist is an implementation and operational law of 1960 Basic Agrarian Law. Its existence is very important because it is one of ways towards national independence in agrarian sector.
However, in KPA’s opinion, the existing Land Bill has not yet represented genuine agrarian reform spirit, such was idealized by 1945 Constitution and 1960 Basic Agrarian Law. As a response, KPA recorded strategic issues which should have been covered in the Land Bill. In the moment, they were proposed to Gerindra Faction in Parliament. KPA proposed four strategic issues, which were:
First, Land registration should be prioritized to acknowledge agrarian structure and capture agrarian control inequity in order to be foundation in distributing land on critical regions objected to reduce inequity.
All these times, government only interprets agrarian reform as an occasion to give away plots of land and certificates which in truth is not a substance of land registration.
Second, priority of land rights such as right to use, cultivation rights and other rights. Cultivation right should be prioritized for cooperative and peasants/small farmers. Up until today, cultivation rights is the largest cause of agrarian conflicts, because it was largely given for the interest of large companies and step aside peasants and common people. It leads to land monopoly by those companies.
According to statistics, in average there were less than 0.5% of peasants who own land in rural areas, as a result of land monopoly by big companies. Moreover there are 531 large concessions in forest area which control at leasr 35.8 million hectares.
Other than that, there should be a prohibition to not giving cultivation right on ancestor land and rules for opening land right and gathering forest products right for people.
It is important because today there are at least 31,991 villages in our motherland that are claimed to be within forest area, 60 permits of Social Forest, and 2,452 large scale agricultural institution. If the condition is still allowed, it will open a space to grab indigenous people’s ancestor land and land in forest area in the name of giving permit of cultivation right to private parties.
Third, there should be a limit of maximum and minimum control and ownership of land. The unavailability of maximum and minimum limit of land control causes higher and higher imbalance in agrarian resources control.
The condition could be found on GINI Index of national land which was recorded to have risen from 0.56 in 2003 to 0.72 in 2013.
Fourth, agrarian conflict resolution should be designed by an executive body of agrarian reform first, rather than take it directly to court.
In its implementation, agrarian reform program should be maintained to have its true nature and values. Agrarian reform implementor should be a kind of ad hoc institution which implement it at the same time on national level. It should not be a program that has been implemented by the current government which was only lessen the substance of agrarian reform.
Today, there are thousands of agrarian conflict cases which have been occurred from the past and have not yet been resolved, therefore it should be a holistic implementation in resolving the problem.
Agrarian reform should be oriented on people’s social transformation. It is not only aimed to strengthen people’s rights upon their land, furthermore it should consider management access, production access, and also distribution and consumption access. Other than that, faith also should present to encourage people’s active participation in implementing agrarian reform.
Gerindra faction itself agreed to the explanation and proposal of strategic issues which should be brought about by the Land Bill. They stated that they agreed that the issue should be exist in the Land Bill so that it can answer agrarian problems and conflicts.
Then, Gerindra faction would discuss the matter internally so that it could be made to be one of their priority program and fought for in plenary meeting. Lastly, KPA was also deliver its draft of Problems Inventory List of the Land Bill which was accepted directly by representative of Gerindra faction.