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- International Journal of Management (IJM)
Volume 11, Issue 3, March 2020, pp. 247–255, Article ID: IJM_11_03_027
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SOCIOLOGICAL ASPECTS OF TRANSFERRED
LAND TO SETTLEMENTS IN INDONESIA
Suriansyah Murhaini
Law Studies Program, Faculty of Law,
Palangka Raya University, Palangka Raya, Indonesia.
Yetrie Ludang
Department of Forestry, Faculty of Agriculture,
Palangka Raya University, Palangka Raya, Indonesia.
ABSTRACT
Natural Resources is a state of the natural environment that is valuable to meet
human needs, human resources are used to meet and improve their welfare. The
nature of natural resources consists of two types, namely physical natural resources
and natural resources. Physical natural resources consist of land, water and air,
while biological natural resources consist of forests, grasslands, plantations, etc. The
development patterns of the resources impacted to socio-cultural implications and the
occurrence of various vertical and horizontal conflicts in the area between the
community and the government or the community with large investors. There have
been evictions or neglect of the rights of indigenous/local communities in the control
and utilization of natural resources. Some land and land acquisition cases are also
triggered by conflicts between land rights holders and investors who use the land for
industrial and residential purposes.
Keywords: natural resources, development patterns, social aspect, land rights
Cite this Article: Suriansyah Murhaini and Yetrie Ludang, Sociological Aspects of
Transferred Land to Settlements in Indonesia, International Journal of Management
(IJM), 11 (3), 2020, pp. 247–255.
http://www.iaeme.com/IJM/issues.asp?JType=IJM&VType=11&IType=3
1. INTRODUCTION
Resources have two special characteristics, namely renewable resources and resources cannot
be recovered. Renewable resources can be recovered are generally related to one another in an
ecosystem, so that management cannot stand alone. For example the management of land and
vegetation / forest natural resources is closely related to the state of water / water natural
resources. Natural resources that can not be recovered (land, water, biotic, and space) are the
main resource base in the development of a river basin. For example natural resource
management must be carried out in an integrated manner in a watershed planning and
management.
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Understanding Natural Resources itself is legally quite difficult to find, but we can borrow
this understanding of Natural Resources from the Draft Law on Natural Resource
Management which provides the following limits / understandings: "Natural resources are all
objects, resources, circumstances , natural functions, and living things, which are the result of
natural processes, both biological and non-biological, renewable and non-renewable. "
The fields related to and surrounding the issue of Natural Resources in Indonesia include:
1. Agrarian Affairs which have been regulated by Law Number 5 of 1960 concerning Basic
Regulations on Agrarian Principles;
2. Mining Sector which has been regulated by Law Number 11 of 1967 concerning Mining;
3. Irrigation Sector which has been regulated by Law Number 7 of 2004 concerning Water
Resources;
4. Fisheries Sector which has been regulated by Law Number 31 of 2004 concerning
Fisheries;
5. Conservation of Natural Resources and their Ecosystems that have been regulated by Law
Number 5 of 1990 concerning Conservation of Living Natural Resources and their
Ecosystems;
6. Forestry Sector which has been regulated by Law Number 41 of 1999 concerning Forestry.
Each of these fields is institutionally managed by sectoral institutions within the scope of
the departments that handle them including: the Ministry of Home Affairs through the Land
Agency; Ministry of Mines and Energy; Public Works Department; Ministry of Fisheries and
Maritime Affairs; and the Ministry of Forestry.
Natural resources can be classified as follows.
a. Natural Resources Based on Origin
1) Organic natural resources (biotic), namely natural resources derived from life. Example:
coal, petroleum.
2) Inorganic natural resources (abiotic), namely natural resources that are not from life.
Examples: lead, bauxite, iron, and natural gas.
b. Natural Resources Based on Nature of Sustainability
1) Renewable natural resources, i.e. natural resources that will not be used up because parts
that have been used can be replaced with new ones. Example: air, wind, waterfall power,
sunlight, plants, and animals.
2) Unrenewable resources, i.e. natural resources that will be depleted because they cannot be
made new. Examples: tin, iron, bauxite, coal and petroleum.
c. Natural Resources Based on Utilization
1) The natural resources of space, that is, the place that humans need in their lives. The
greater the increase in population, the more narrow and difficult to obtain natural resources
from space. Space in this case can mean space for the area of animal husbandry, agriculture,
fisheries, living space, children playground space, and so on.
2) Material natural resources, that is, if what is used by humans is the material natural
resources themselves. Example: Mineral magnetite, hematite, limonite, siderite, and quartz
sand can be melted into iron / steel that is used to meet human needs, including for concrete
frames, vehicles, household appliances, and others.
3) Natural energy resources, i.e. energy contained in natural resources. Fuel oil (gasoline,
diesel, kerosene), coal, natural gas, and firewood are natural resources of energy because
humans use their energy to cook, drive vehicles and industrial machinery.
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4) biological natural resources, namely natural resources in the form of living things, namely
animals and plants (Mangkoedihardjo and Triastuti, 2011; Mangkoedihardjo and April, 2012).
Natural resources for plants are called vegetable natural resources, while animal resources are
called animal resources.
The variety and types of natural resources must be considered in the implementation of
development. The need for land for development needs, both for public and individual
interests must pay attention to the diversity of natural resources. Similarly, in the use of land
or land conversion for residential development needs, attention must be given to the
availability of agricultural land. Settlement or housing is one of the basic human needs,
namely the needs of the board, therefore it must be met, but still done with due regard to the
problems of ecosystems and natural resources.
2. PERMITS FOR TRANSITION OF RICE FIELDS TO HOUSING
The country of Indonesia is known as an agricultural country, which is rich in agricultural
products. The agricultural sector is a strategic sector and plays an important role in the
national economy and community survival. Paddy fields have an important meaning, namely
as a medium for farming activities in order to produce staple food (especially rice) for the
needs of humanity. With such conditions Indonesia should be a food self-sufficiency country,
not even as a food importing country from abroad.
On the other hand, Indonesia is also a country that has a very large population. The
population is increasing every year. So that in Indonesia it is vulnerable to land conversion.
Where agricultural productive land is used as a residential area to support population growth.
Along with the times and the dynamics of the movement of development steps and population
growth, the existence of land began to be disturbed. One problem that is quite complicated
related to the existence of rice plants is the increasingly widespread conversion of agricultural
land to other uses such as the construction of human settlements, industry, shops, and tourism.
The concept of development today is done more towards a development model that
believes the economy is a system with the environment as a subsystem. In plain language,
fulfilling the level of necessities of life is in terms of its economy. In this case economic
interests are prioritized, so that the environmental interests are placed under economic
interests.
Transfer of land functions or commonly referred to as land conversion is a change in the
function of part or all of the land area from its original function (as planned) to other functions
that have a negative impact on the environment and the potential of the land itself. Transfer of
land functions can also be interpreted as changes to other uses caused by factors that broadly
include the need to meet the increasing needs of the population and increasing demands for a
better quality of life.
Transfer of land functions is usually associated with the process of regional development,
and it can even be said that land conversion is a consequence of regional development. Most
of the land use changes that occur, indicate an imbalance in land tenure which is more
dominated by the capitalist by pocketing building permits issued by the government. This can
be seen from the many functions of paddy fields being the residential land for the elite in
urban areas. In big cities like Jakarta, Surabaya and several other metropolitan cities it is
common for agricultural lands to be annexed by developments to build residential areas that
are horizontal (real estate) or vertical (apartment).
Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles more
regulates the basics of controlling natural resources. There is only one article that regulates
the allocation of natural resource use. Article 14, which forms the basis for planning the
allocation and utilization of natural resources, states that the planning for the utilization of
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natural resources is carried out for the needs of the state, worship, centers for socio-cultural
life and public welfare, development of agricultural, livestock, fishery and industrial
development, transmigration and mining .
Meanwhile, related to the sustainability of natural resource management, the Basic
Agrarian Law only states in Article 15 that "preserving land, including increasing its fertility
and preventing damage, is the obligation of every person, legal entity, or agency that has legal
relations with the land. , by paying attention to those whose economy is weak. So every
holder of land rights, individuals or legal entities, must maintain the land in the sense of
commercializing the land for its needs and in accordance with the function and type of land.
For agricultural land, it must be cultivated according to its designation.
Paddy fields can be considered as public goods, because in addition to providing
individual benefits to their owners, it also provides social benefits. Paddy fields have a very
broad function related to direct benefits, indirect benefits, and innate benefits. The benefits are
directly related to the provision of food, providing employment opportunities, providing a
source of income for the community and the region, a means of growing togetherness (mutual
cooperation), a means of preserving traditional culture, a means of preventing urbanization, as
well as a means of tourism. The indirect benefits are related to their function as one of the
environmental protection vehicles. The innate benefits are related to their function as a means
of education, and a means of maintaining biodiversity.
However, land policies during the New Order government that had a centralistic pattern
had an impact on natural resources, especially the degradation of the quality of agricultural
land which was often converted into an area of luxury housing (real estate), industrial estate,
and even became a commodity for investment and speculation of the owners capital that
results in land being abandoned for an indefinite period of time. Such a policy model
continues even though the government regime has changed. Until now, the expansion of
housing development continues, with the consequence of the conversion of paddy fields to
residential land.
Over the next few decades, Indonesia's economy will still depend on the natural resource
sector, such as forests, mines, fisheries, etc., which will certainly be an opportunity and a risk.
In a situation of economic crisis and political uncertainty and numerous violations of the law
as has occurred so far, the risk that may occur with the decentralization in the field of natural
resources will accelerate the decline in environmental quality. The expansion of industrial and
residential development naturally requires a large amount of land, so that it will further
increase the trend of the conversion of agricultural land.
In the current era of regional autonomy, with the new authority given to local
governments to take care of their own households, the tendency for regional governments to
ignore or be more intensive in increasing local revenue without looking at environmental
balance and security. Lack of management technical capacity and impartiality of local
community needs for access to natural resources are likely to result in long-term loss of
natural resources and irreversible environmental damage for meeting the basic needs of the
area's natural resources.
The Basic Agrarian Law adheres to the view that agrarian affairs are in essence a matter
of the central government. The Basic Agrarian Law does not regulate in detail the authority
and role of local governments in the land sector. The authority of the regional government is
the implementation of co-administration tasks which are shared by the central government to
the regional government. The government, or more specifically the central government
occupies a strategic role in the Basic Agrarian Law. Thus it can be understood if public
participation does not have space in this law.
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Law enforcement in the Basic Agrarian Law is mainly directed at handling violations of
the obligation to preserve land from holders of land rights, land registration, violations
relating to customary rights, use of land not by the owner, and violations of the provisions on
the transfer of land rights. The Basic Agrarian Law does not provide an explanation for why
law enforcement is only given to these matters, but not to other matters, such as violations in
the procedure of revoking land rights or not fulfilling various government obligations
stipulated in the Basic Agrarian Law.
3. FACTORS CAUSING LAND CONVERSION
Transfer of land functions is a change of land allotment for other uses caused by factors that
broadly include the need to meet the increasing needs of the population and increasing
demands for a better quality of life. Land use change is caused by several factors. Broadly
speaking, the factors causing land conversion are classified into 3, namely external, internal
and policy factors issued by the government.
3.1. External Factors
External factors or external factors are factors caused by the dynamics of urban growth,
demographics and the economy. What is meant by the factor of urban growth is the more
dense urban areas, there will be expansion to the periphery or back of the city. Rural areas, as
the back of the city, which supply the city's food needs, will begin to be pressed down due to
the rapid growth and development of the city, so that the productive land of rural agriculture
will be converted into residential or industrial land.
While demographic or population factors are increasing growth and population which
causes increasing demand for land to be used as housing. The rapid development is
considered as one of the causes of the decline in rice production growth. Growth in population
is certainly followed by increasing basic needs, one of which is the board. Therefore, if the
population increases, the need for shelter also increases, one of which is done by converting
the seized land into settlements.
Furthermore, economic factors are related to the increasing need for land in the economic
field whether it is used as a tourism activity or land needs for industrial activities also cannot
be separated from the factors that cause the conversion of paddy fields to industrial estate, one
of which is in the industrial area of Surabaya Industrial Rungkut Estate (SIER) or Pasuruan
Industrial Estate Rembang (PIER) area. In addition, economic pressures during an economic
crisis can also lead to land conversion. This causes many farmers to sell their assets in the
form of paddy fields to meet the necessities of life which has the effect of increasing the
conversion of paddy fields and increasing land tenure to the parties that own capital.
3.2. Internal Factors
This internal factor looks more at the side caused by the socio-economic conditions of farmed
household land users, the characteristics of farmers including age, level of education, number
of family dependents, area of land owned, and the level of dependence of farmers on land. In
this increasingly modern era, it cannot be denied that young people prefer to work in industry
and offices rather than work in agriculture. This causes rural areas engaged in agriculture to
lack productive manpower, due to being left behind in the cities.
Many workers in rural areas who are supposed to work on the fields instead go to the city
to work in the industrial sector. Migration of rural workers to big cities in the industrial sector
makes the land in the village not done optimally, so that the impact on the sale of paddy land
to investors who actually partly comes from the city. Such conditions make absentee control
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of agricultural land, ie land held by people who live outside the sub-district where the rice
fields are located.
In addition, other internal factors increasing operational costs in processing agricultural
land also cause farmers to suffer losses, so they prefer to switch professions and sell their
agricultural land. The high cost of paddy fields treatment makes some farmers from the
community unable to lease land to others. Some of them even sell their paddy fields to others,
some of which are even owned by investors from the city, who again have absentee land.
3.3. Government Policy Factors
The policy factor relates to the regulatory aspects issued by the central and regional
governments relating to changes in the function of agricultural land. Weaknesses in the aspect
of regulation itself are mainly related to legal issues, sanctions for violations, and accuracy of
land objects that are prohibited from being converted. In addition, the lack of real action (only
discourse) and unclear government steps in minimizing land use change are becoming more
and more widespread and land is being converted.
The uncontrolled and over-occurring conversion of rice fields will certainly have a
negative impact on the future of agriculture. Moreover, Indonesia is known as an agricultural
country with rice fields stretching from Sabang to Merauke, if agricultural land is reduced or
even converted, then Indonesia will experience a food crisis. From year to year, the area of
productive land that is changing functions continues to grow, which will result in a decline in
food production and threaten national food security, while the food needs of the population
are getting bigger due to population growth which is also getting bigger. For example, the
Secretary of the Agriculture Service of Malang Regency, said that every year it is estimated
that no less than 10 hectares of land in Malang Regency has changed its function to become a
residential or industrial area.
To meet the increasing food needs of the community, large agricultural land is also
needed. However, with the conversion of paddy fields, food production has decreased and
people's needs for food are difficult to meet. Transfer of paddy land functions is carried out
directly by the landowner farmers, and is carried out indirectly by other parties that were
previously preceded by the sale and purchase of paddy land transactions. The process of
changing the function of paddy fields can take place quickly and can also run slowly.
Transfer of land functions takes place quickly if related to efforts to meet the needs of
other economic sectors that produce economic surpluses (land rent) is much higher. For
example, for the development of industrial estates, residential areas, and so on. In addition, it
is also to fulfill basic needs, namely public infrastructure programmed by the government, or
for the residence of the owner of the land concerned. The process of shifting the function of
paddy fields is slow if the motivation to do the conversion is related to the degradation of the
function of the paddy fields, for example due to irrigation network damage so that the land
can no longer function as paddy fields.
Increased food production must be encouraged to achieve self-sufficiency in rice.
However, in reality the attractiveness to farming in the community is getting lower which
eventually the agricultural sector began to be abandoned. This causes the target of rice self-
sufficiency is difficult to achieve. On the other hand, shifting the function of paddy fields is
increasingly unstoppable due to the suboptimal implementation of regulations regarding land
use, so that what happens on the ground is far different from that contained in the regulations.
Thus land use change is a serious threat that should not be underestimated given the impact
that arises is directly related to the environment and food security in the future and will also
have an impact on Indonesia's increasing dependence on imported rice.
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In Law Number 41 Year 2009 concerning the Protection of Sustainable Agricultural Land
Land, it is explained that land is part of the land surface of the earth as a physical environment
that includes the land along with all the factors that influence its use such as climate, relief,
geological aspects, and hydrology that are formed naturally or due to human influence. The
existence of land decreases with increasing population so there is a need for land arrangement
between land for industrial and agricultural areas.
Agricultural land is a field of land that is used for agricultural business. While sustainable
food agricultural land is a plot of land that is determined to be protected and developed
consistently to produce staple food products for national food sovereignty and security. One
of which is part of agricultural land is rice fields. Therefore, rice fields are not only important
as producers of rice and secondary crops which are private goods that provide benefits to
farmers, but also provide public goods and services known as multifunctionality.
The positive function of paddy fields or can also be referred to as positive externalities
(positive externalities) in the paddy field environment, among others, is to mitigate or control
flooding, recycle water, control or control erosion, mitigate the increase in air temperature,
and recycle organic waste. However, there are some problems in the form of negative
externalities (negative externalities) from paddy fields, including emissions and methane gas.
The conversion of paddy land to non-agricultural uses can have an impact on the decline
in agricultural production, and will have an impact on a broader dimension which is related to
changes in the economic, social, cultural and political orientation of the community. In terms
of production, losses due to the conversion of paddy fields in Java during the period 1981-
1998 are estimated to have caused a loss of rice production of around 1.7 million tons / year
or comparable to the amount of rice imports in 1984-1997 which ranged between 1.5- 2.5
million tons / year. The conversion of paddy fields also causes the opportunity for farmers to
gain income from their farming.
The loss of farmers' income from rice farming in West Java and East Java reaches Rp 1.5 -
Rp 2 million / Ha / year and lost employment opportunities reaches the range of 300 - 480
HOK / Ha / year. The income of the tractor and rice mill entrepreneurs also decreased,
respectively by Rp. 46 - Rp. 91 thousand and Rp. 45 - Rp. 114 thousand / Ha / year due to
land conversion. According to research conducted by Widjanarko, et al (2006), the
concentration of housing and industrial development in Java, on the one hand adds to the
opening of employment in non-agricultural sectors such as construction services, and
industry, but also causes negative impacts that are less favorable, namely among others :
1. Reduced rice field area resulting in a decrease in rice production, which disrupts the
achievement of food self-sufficiency and the emergence of food insecurity as well as resulting
in shifting employment from agriculture to non-agricultural sectors. If the workforce is not
fully absorbed, it will increase unemployment.
2. Government investment in the provision of irrigation infrastructure and facilities has not
been optimally utilized.
3. The failure of investors in carrying out housing and industrial development, as a result of
the economic crisis, or because of miscalculation results in the utilization of land that has not
been obtained, thus increasing the area of idle land which in turn also causes social conflicts
such as land plunder.
4. The reduced paddy ecosystem, especially in the northern coast of Java, while the printing
of new paddy fields which is very large outside Java such as in Central Kalimantan, does not
show a positive impact.
The cause of the conversion of agricultural land can be said to be multidimensional.
Therefore, control efforts are not possible only through one approach. Considering the value
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of the existence of agricultural land is multifunctional, the decision to control must take into
account various aspects inherent in the existence of the land itself. This is because the existing
land has different values, both in terms of the services produced and the various functions
inherent in it.
4. APPROACHES TO CONTROL LAND CONVERSION
In connection with the above issue, Pearce and Turner (1990) recommend three approaches
simultaneously in the case of controlling the function of wetlands (wetland), namely through
as follows.
4.1. Regulation
Through this approach policy makers need to establish a number of rules in the use of existing
land. Based on various technical, economic, and social considerations, policy makers can
conduct zoning of existing land and the possibility for the process of transfer of functions. In
addition, a clear and transparent licensing mechanism is needed by involving all stakeholders
involved in the process of land conversion. In practical terms, this pattern has been applied by
the government through the establishment of a Regional Spatial Plan and the formation of a
Nine Team at the district level in the process of land conversion. Unfortunately, the
implementation in the field has not been fully consistent in applying the existing rules.
4.2. Acquisition and Management
Through this approach the related parties need to improve the system and rules of land sale
and purchase as well as perfect the existing land tenure system to support efforts towards
maintaining the existence of agricultural land.
4.3. Incentive and Charges
Providing subsidies to farmers who can improve the quality of their land, as well as the
application of an attractive tax for farmers who maintain the existence of agricultural land, is
another form of approach that is suggested in efforts to prevent the conversion of agricultural
land. In addition, the development of existing infrastructure is more directed at supporting the
development of agricultural cultivation activities and their associated businesses.
Considering that up to now the implementation of laws and regulations on land use
control has not been effective and is based on the reference to the control approach as stated
above, it is necessary to create an alternative policy. The alternative policy is expected to be
able to break the deadlock over the control of the previous land use. The components include
legal and economic instruments, zoning and community initiatives. Legal instruments include
the application of laws and regulations that govern the mechanism of land use change.
Meanwhile, economic instruments include incentives, disincentives, and compensation. The
policy of providing incentives is given to those who defend the land from being transferred.
The pattern of providing these incentives is in the form of relief from land and building tax
and the ease of agricultural production facilities (Jaya et al., 2018; Alpian et al., 2018).
On the contrary, disincentives are given to parties who carry out land conversion whose
implementation is contrary to laws and other applicable regulations. Meanwhile,
compensation is aimed at parties who are disadvantaged as a result of land conversion for
development activities, or to prevent the occurrence of land conversion for the preservation of
land as a source of agricultural production (food). In other words, the application of these
instruments is related to the granting of awards and sanctions for violations (reward and
punishment).
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The zoning policy is related to the management of the spatial area through the clustering
of land into three categories of control zones, namely protected land (may not be converted),
limited functions, and may be converted. Zoning is regulated based on irrigation classification
criteria, cropping intensity, and productivity of paddy fields. Irrigation criteria are
distinguished from irrigated and non-irrigated paddy fields. The criteria for cropping intensity
are one to two times per year, while the productivity criteria are below 4.5 tons / ha / harvest.
5. CONCLUSION
The act of changing the function of paddy fields into settlements carried out without
supervision will cause harm, not only to humans, but also to other living things. The filter is
the government and regional government as an agency that grants or issues permits related to
the development of residential areas by taking the area or paddy field. Therefore the
government does not have to be lax in assessing and granting permits for settlement
development in certain regions or regions. The granting of a residential development permit
must take into account the needs and also the established spatial plan.
REFERENCES
[1] Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles;
[2] Law Number 11 of 1967 concerning Mining;
[3] Law Number 7 of 2004 concerning Water Resources;
[4] Law Number 31 of 2004 concerning Fisheries;
[5] Law Number 5 of 1990 concerning Conservation of Living Natural Resources and their
Ecosystems;
[6] Law Number 41 of 1999 concerning Forestry.
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