The Dynamics of Agrarian Reform in Indonesia: Between

Expectation and Reality

Sri Wahyu Handayani

and Supriyanto

Faculty of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia

Faculty of Law, Universitas Jenderal Soedirman, Purwokerto

Keywords: Agrarian reform, land reform, land ownership

Abstract: Agrarian reform as the realization of Article 33 Indonesian Constitutional Law 1945 is the expectation of

Indonesian people. At the beginning, agrarian reform has socialist soul in which equalization of land

ownership right by lifting the farmers. Yet, in the middle of the road, agrarian reform faces obstacle and tends

to not have a clear orientation. Agrarian reform is the problem which is not finished yet since Independence

Day. This research will explain the law dynamics of agrarian reform in Indonesia. This research is socio legal

research which compares law and social facts in society. Therefore, the used theory to analyse this issue is

Law System Theory by Lawrence Meir Friedman which involve: (Structure of Law) Legal Structure,

(Substance Law) Legal substance, (Culture Law) legal culture. This research gives example of the problems

that arise during the implementation of agrarian reform in Indonesia. This research will identify the

consistency between law policy and its implementation since Old Order Period until Reformation Era. As law

research, the purpose of this research is to find the gap between das sein and das sollen so that can give

recommendation to the enforcement of law policy in Agrarian reform that should be conducted.

1 INTRODUCTION

The definition of “land reform” is later known as

“agrarian reform”. Even though both of them have

different meaning in agrarian studies, but they have

the same track on Indonesian Land Policy history. In

Soekarno era, Indonesia has the policy and program

of land reform in 1960-1965. Yet, it ended after

Soeharto era since 1966 until 1998. At the first

reformation in 2005, Joyo Winoto as the Chief of

National Land Agency (BPN) introduces a new land

reform conception which called as “Agrarian

Reform”. The conception is an establishment policy

to solve poverty, unemployment, land ownership

discrepancy, and realize social justice through land

redistribution which known as state land for poor

people especially landless farmers, farm workers and

sharecroppers. Also, the provision of agricultural

credit and service in order to make the redistribution

land more productive and sustainable. In fact, the

term “Agrarian Reform” is introduced and

continuously to be promoted by Gunawan Wiradi

(Wiradi, 2009)

Land problem is one of the establishment sectors

which need to be seriously handled by government

since land is a vital need for society, especially the

people who depend their lives on land. In the

government side, they have obligations to protect

society and regulate order also prosperity. Yet, in

other side, acceleration of economic development is

needed to be increased, so that it requires land as the

basic foundation of all economic activity (Fatimah,

2015). It is interesting to talk about Agrarian Reform,

even more if it is related to the term agrarian. Is it only

involving land aspect or it widely involves earth,

water, space and natural wealth aspects? Prof. Boedi

Harsono, as one of the land reform terminology user,

states that land reform involves recast on land

ownership and authorization also its relation with

land ownership law (Harsono, 2008). Agrarian

reform or land reform, even before 1960, has become

the cause of the land structure change almost all over

the world.

Its principle is the existence of land ownership and

authorization limitation, agrarian lands must be

actively use individually by the ownership. The

principle is arranged clearly on Law Number 5 Year

1960 on Agrarian Basic Law (BAL). Since this law

was enacted, there has been a reform in the control,

ownership, and use of land in Indonesia. This has

Handayani, S. and Supriyanto, .

The Dynamics of Agrarian Reform in Indonesia: Between Expectation and Reality.

DOI: 10.5220/0009921201870194

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 187-194

ISBN: 978-989-758-458-9

187

included the conversion of a colonial model of land

rights (land titles) to a national one (Sukaryanto,

2017) Thus, land reform formal legally called as

Agrarian Reform in which the process of

restructuration of ownership, authorization, and

agrarian source use (especially land). In Article 2

Indonesian People Representative Decree (TAP MPR

RI) Number IX/MPR/2001 on Agrarian Reform and

Natural Resources Management, it explains that

“agrarian reform, which encompassing continuous

process on the reform of authorization, ownership,

and agrarian source use, are conducted in order to

achieve law certainty and protection also to realize

social justice and prosperity for all Indonesian

people”. As policy direction, TAP MPR desires to

conduct reform on ownership, authorization, and use

which based on justice or it is known as land reform;

at a time to conduct land inventory and data collection

for land reform interest.

Specific cases of public land redistribution have

emerged in Indonesia in recent years that differ from

those described in the literature on redistributive land

reforms, which emphasize redistribution of private

land holdings to small and landless farmers. By

contrast, the land reform process in Indonesia has

entailed redistribution of "state" land to tillers who,

prior to the reform, were cultivating this land using

traditional mixed farming methods (Sirait, 2016). The

management of agrarian source during this time has

caused environment quality decreases, ownership

discrepancy, and other conflicts. Based on the

explanation above, it is interesting to discuss further

on Expectation and Reality of Agrarian Reform in

Indonesia.

2 THEORY

Implementation of Agrarian Reform is not a stand-

alone thing but related to different aspects/factors.

The implementation of Agrarian Reform is not only

related to the law itself, but also with humans and the

community. So, the theory which is used to depict

agrarian reform dynamics between expectation and

reality is three elements of the system of law from

Lawrence Meir Friedman which involves : (Structure

of Law) Legal Structure, (Substance Law) Legal

Substance, (Culture Law) Legal Culture. In its basic

thesis concerning the relationship between law and

society, and in the broad sweep of its interpretation.

In Friedman's narrative, the legal system functions

largely as a dependent variable, with lawmakers

responding to underlying developments in science,

medicine, technology, economic organization, and

shifting moral beliefs (Parris, 2003).

3 MATERIALS AND METHODS

To describe the law dynamics of agrarian reform in

Indonesia, this research uses qualitative method

through literature review on journals, books,

regulations, newspapers and previous researches. The

result of literature review are combined and

compared to obtain the result of the research. This

research will explain the law dynamics of agrarian

reform in Indonesia. This research is socio legal

research which compares law and social facts in

society based on legal structure, legal substance and

legal culture. As law research, the purpose of this

research is to find the gap between das sein and das

sollen so that can give recommendation to the

enforcement of law policy in Agrarian reform that

should be conducted.

4 RESULTS

4.1 Legal Structure

In Indonesia, talking about the structure of the legal

system, including the structure or institutions that

determine implementation of agrarian law are

described as a machine (Handayani, 2012). In terms

of agrarian reform management, that is managed by

the Central Government and handled by Indonesian

Land Agency, is changed becomes Agrarian Ministry

and Spatial Space/National Land Agency based on

President Regulation Number 17 Year 2015 on

Agrarian Ministry as Spatial Space and President

Regulation Number 20 Year 2015 on National Land

Agency which is published on January 21, 2015 as

well as Regional Government in Province or

Regency. The implementation of agrarian reform in

Land field is related to the authority to manage

government in autonomous region. Article 9 Law 23

Year 2014 on Regional Government classify

government’s interests that consist of absolute,

concurrent, and general government’s interest

(Wijayanti, 2016). Furthermore, land interest is

included as concurrent government’s interest which

means it is a joint interest between central and

regional government.

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4.2 Legal Substance

As the implementation of Article 7 jo 17 BAL on

minimum and maximum limitation of land ownership

and authorization, government has issued

Government Regulation in Lieu of Law (Perpu)

Number 56 Year 1960 on December 29, 1960 and

legally applied on January 1, 1960. Perpu Number

56/1960 is determined as Law Number 56 Prp Year

1960 (Gazetted 1960 Number 174, the explanation is

on Additional Gazetted Number 5117 on agricultural

land determination or known as Indonesian Land

reform Law. This Law is followed by Government

Regulation Number 224 Year 1961 (Gazetted 1961-

280) on Implementation of Land Distribution and

Compensation.

In brief, the purpose of agrarian reform in

Indonesia is to increase farmers’ income and living

standard, also as the foundation and requirement to

conduct economic development towards fair and

prosperous society based on Pancasila. Meanwhile, if

the purpose is seen from Tap MPR Number IX year

2001 it is to give basic and direction for agrarian

reform and natural resources management in order to

give justice and sustainable law protection and

certainty. All of them are our duties to realize social

justice and prosperity for all Indonesian people. First

step of agrarian reform is land reform. Land reform

program includes:

 Maximum area of land ownership;

 Prohibition of “absentee” ownership;

 Land redistribution beyond maximum limitation,

lands which prohibited as “absentee”, ex-

swapraja lands and state lands;

 Regulation on return and redemption of pawn

agricultural land;

 Rearrangement of agricultural land profit sharing,

limitation of land ownership area, and prohibition

to do any actions which caused smallest

agricultural land splitting.

Since Tap MPR Number IX Year 2001, obviously

Agrarian Reform Program will increase according

with stipulation on Article 5 of the decree. It involves

program of agrarian regulation review, land

authorization and ownership arrangement, land

registration, and settlement of land conflicts etc.

The scope of agrarian object includes the element

of land/water/air along with its nature wealth and

managed through economics activities such as

agriculture, fisheries, forestry, mining, and

‘aerospace”. The parties which access agrarian object

(hereafter becomes the scope of agrarian subject) are

(1) Community (as the unit of household), (2)

Government (as State Representative), (3) Private

sector. These three are the user of agrarian sources

through tenure institution. The utilization relationship

refers to the technical dimension or particularly work

dimension in agrarian relationships. At a time the

work dimension shows on each subject articulation of

social economic interest related to the ownership and

utilization of agrarian sources. The interest might be

similar but different on each subject. That different

interest may become the causal of the conflict in the

same agrarian source. Nevertheless, it also becomes

the source of cooperation if the subject can make a

deal on the overlap ownership/utilization of agrarian

sources (Sihalolo, 2010).

4.3 Legal Culture

Legal culture is a human attitude towards the law and

legal systems, beliefs, judgments and expectations of

the implementation of agrarian reform. So, in other

words, culture is the atmosphere mind site and social

forces that determine how agrarian reform is

implemented, or not implemented. Legal culture is

anything or anyone who decides to turn on and turn

off the engine and determine how the machines are

used. Culture of the society will be affected and

influence agrarian reform implementation since Old

Order until Reformation that also completed by

several problems within the society.

Agrarian reform is a social movement, the

integration of government and society involving all

stakeholders in order to carry out land reform that

aims to reduce poverty, create jobs, maintain

economic resources, improve quality of life and

improve food security. Land reform has effective

strategies in accuracy, updating, integration of land

records, identifying the number of land related object

and subject of the recipient, the object land

redistribution, forming a land bank, certifying, and

formulating strategies for settlement, handling and

reducing land disputes. (Sihombing, 2017).

Half of Indonesia’s massive population still lives

on farms, and for these tens of millions of people the

revolutionary promise of land reform remains largely

unfulfilled. The Basic Agrarian Law, enacted in the

wake of the Indonesian Revolution, was supposed to

provide access to land and equitable returns for

peasant farmers. But fifty years later, the law’s

objectives of social justice have not been achieved.

Land for the People provides a comprehensive look at

land conflict and agrarian reform throughout

Indonesia’s recent history, from the roots of land

conflicts in the prerevolutionary period, and the

Sukarno and Suharto regimes, to the present day,

The Dynamics of Agrarian Reform in Indonesia: Between Expectation and Reality

189

reformation era, in which democratization is creating

new contexts for peoples’ claims to the land (Lucas

and Warren, 2013). This research describe dynamics

of agrarian reform in three periods.

4.3.1 Old Order Period

Government in Soekarno era aims to use BAL 1960

as instrument to revolutionary recast on feudal and

colonial agrarian structures through 5 type programs:

 Agrarian law renewal;

 Deletion of foreign rights and colonial

concessions over land;

 Terminate feudal exploitation gradually;

 Recast on land ownership and authorization also

the relation with related law;

 Supplies planning, the use of earth, water, and

natural resources within the earth according to

each capability.

In 1964, Indonesian Communist Party and their

mass throw unilateral action to confiscate the lands

which will be redistributed to farmers. They claim

that this implementation run slowly since most of

landlords are affiliated with Islamic and Nationalist

parties that hinder the implementation of the

regulation.

In January 1965, Agrarian Ministry reports that in

fact land reform implementations are in troubles,

which are:

 Lack of land inventory;

 Lack of understanding on the need of land reform;

 Lack of cooperation within committee;

 Farmers become the target of psychological and

economical intimidation;

 Difficulty in making priority within land

redistribution.



Land reform becomes class competition in village

of Java, Bali, Sumatra and landlords that politically

defend themselves because their social class

threatened. Until surprisingly land reform program

stop in the end of 1965. A maneuver which organized

by military and political elite of Indonesian

Communist Party (PKI) is started by kidnapping and

killing several army generals on September 30, 1954.

Hence, General Soeharto is appointed to be president.

Under his government, Agrarian Ministry is specified

into Directorate General under Ministry of Home

Affairs.

4.3.2 New Order Period

New Order is a term for Soeharto government period

in Indonesia. New Order replaces Old Order that

refers to Soekarno era. In New Order period, land

reform has conducted but it has a little concern from

government. It happens because government is more

focus on non-agricultural sector in which wide land

management for capital owners to increase economic

growth. Besides, political instability and abuse of

power causes land reform is used for taking political

advantages on land authorization.

In New Order period, government more focus on

economic growth and development by starting its

policy through Law Number 1 Year 1967 on Foreign

Capital Investment to draw foreign investment in

managing natural resources. During 1966-1997, at the

beginning, New Order period government also put

their concern on the effort to conduct agrarian reform.

It is shown by its juridical products. Yet, if it is

observed, during New Order regime, there are no

significant changes on agrarian policies in Indonesia.

Even many agrarian policies are not conducted in the

context of revision land ownership but it tends to

facilitate liberal capitalist to own society’s agrarian

assets (Sukardi, 2004).

National configuration on agrarian dispute is

increasing sharply since the orientation of economic

acceleration in Indonesia. Since 1990, the

government with any policy formula starts to

accelerate industrialization infrastructure

establishment, doing agrarian modernization by

opening the plantation in mass, new forest clearing,

HTI, which all this program against the society. These

efforts result in many conflicts between society and

state. As it is recorded by National Commission of

Human Rights during 1994, 1995 and 1996, there is

significant increase in land cases. Even Legal Aid in

Jakarta includes agrarian problems in a priority

advocate agenda to avoid violence in society

(Nasution, 1994).

Even during thirty years of New Order period, it

can be said land reform is not implemented at all and

its policy just hanging around and vanishes. This

attitude can be defined as an attitude in taking

political advantages on land authorization toward

farmers and community. In autonomous region

context, local government is strengthened but in land

reform aspect generally it is still become central

government authorization. Ironically, local

government who stand on private investment tends to

act as broker in providing land for them. Land reform

policy is obviously not a profitable idea to draw

investment, retribution and local income.

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Nonetheless, New Order government in the next

period claims that land reform is still implemented

even though it is limited. During New Order period,

to avoid big social politic vulnerability, land reform

is implemented with completely different form. The

fall of Suharto and the subsequent process of

democratisation have removed key obstacles to

organisation by poor and disadvantaged groups and

their NGO allies, making it easier for them to engage

in collective action aimed at achieving pro-poor

policy change (Rosser, 2005).

4.3.2 Reformation Era

At the beginning of reformation era, in President

Abdurahman Wahid era, there is statement which

declares will distribute 40 percent of plantation lands.

Because of the statement, people in droves take over

the abandoned land. Along with political

constellation change and passive democracy, Tap

MPR Number IX/MPR/2001 on Agrarian Reform

and Natural Resources Management is published.

Wide range purpose of Agrarian reform can be quoted

from stipulation on Article 6 of Tap MPR Number IX

Year 2001 which states as policy direction it desires

to:

1) Review on all of laws and regulations about

agrarian field which all this time are sectoral,

overlap, and do not contain the spirit to put

forward people interest in authorization,

utilization, and management of land as well as

other natural resources;

2) Rearrangement of land authorization, ownership,

use, and utilization which is fair and known as

land reform, at once land inventory and data

collection are done for this land reform interest;

3) Settlement of agrarian conflicts and natural

resources management based on human rights

principle, including intensify the institutions that

job to settle all the disputes; and

4) Pay for agrarian reform program and agrarian

conflicts settlement or even natural resources

management.

By looking at the direction of policy in this Tap,

it can be concluded that Agrarian Reform has wide

purpose not only distribute land. In this reform, it is

expected to have many agrarian programs which

synergize in order to achieve our big purpose having

state.

Afterward, during Susilo Bambang Yudhoyono

era, land reform implementation is focused on land

redistribution again. Distribution of 8,15 million

hectares land has been conducted in 2007 until 2014.

It is estimated that 6 million hectares land are

distributed to poor people, the rest 2,15 million

hectares are distributed to businessman for productive

business that involves farmers. These distributed

lands are spread throughout Indonesia with priority in

Java, Sumatra, and South Sulawesi. The lands are

from critical land, conversion production forest,

abandoned land, State land which its cultivation

rights expired, or ex-swapraja land. Besides the

redistribution, Susilo Bambang Yudhoyono era also

conducts the program as follows:

1. Reduce the discrepancy of land ownership;

2. Reduce unemployed and poverty;

3. Reduce land dispute conflicts.

Agrarian Reform in Jokowi era which still runs for

three years has not yet reduce discrepancy for poor

people especially farmers. Secretary General of the

Agrarian Reform Consortium, Dewi Kartika, says

that it can be seen from less authorization land by

general people. Only around six percent from all

lands in Indonesia that owned by general people. The

data of agrarian reform consortium records around 71

percent land is owned by Forest Corporation, 16

percent is owned by big plantation corporation, and 7

percent in the hand of rich people. Furthermore,

among farmers, the average of land ownership in

village is less than 0,5 hectare. In fact, the farmers are

not having land since most of the lands become the

object of investment and government or private

business. Therefore, the poverty in village increase as

well as the number of poor people which reach 17,1

million people on March, 2017. Other than that, the

dull of agrarian reform in solving discrepancy can be

seen from many dispute conflicts arises between

people and big corporation. Farmer criminalization

and seizure are likely to happen. At least, there are 72

agrarian conflicts over the 1,66 million hectares land

which sacrifice around 195 head of family (KK) of

farmers during 2015-2016 (Fauzi, 2017).

 During

2016, the government of Joko Widodo-Jusuf Kalla

has not optimally encouraged the implementation of

agrarian reform. In other side, various agrarian

policies which give society the opportunity to clarify

their rights on agrarian sources are not yet

implemented (Agrarian Reform Consortium, 2016).

The Dynamics of Agrarian Reform in Indonesia: Between Expectation and Reality

191

5 DISCUSSION

5.1 Expectation and Reality of

Agrarian Reform

Along with the implementation of the program, the

structure of bureaucratic administrative changes in

which autonomous region implementation. Agrarian

problem is one of the policies which given to local

government. Through recent autonomous region, in

fact, there is opportunity to conduct “local” agrarian

reform. After the reformation and autonomous region

applied the lively debate only a matter of land

administration pull back. Land reform has not

become serious attention for government, even

though non-governmental organization and several

farmer organizations have demanded for agrarian

reform to be applied.

Conception of Old Order agrarian law which

tends to populist likes in BAL is replaced with

conception that oriented to economical establishment.

Land reform is one of Old Order populist policy and

considered as PKI product so that it totally stopped.

Even seizure of the lands that become object

redistribution is done by several landlords. Land

reform as Old Order main program for levelling land

ownership as much as possible for people prosperity

become neglected.

Land reform implementations in New Order

period are as follows:

1. The effort of privatization land is still

implemented by New Order government through

land certification;

2. Conducting transmigration program;

3. Program Cooperative Plantation which has big

scale and land as wide as possible;

4. Concentration over land authorization and

economic development;

5. The increasing of agricultural product so that self-

sufficiency is achieved (through Green

revolution);

6. The existence of PRONA (National Agrarian

Operation Project) to accelerate land registration

program.

As developing country, most of Indonesia’s

capitals for development are from foreign institution

loan. The institution has authorization to control the

use of the loan. Limited budget is one of the reasons

why New Order government does not choose land

reform program which needs big budget and the result

is not seen yet in short-term. Whereas, due to

capitalist economic pressure, land becomes the

commodity to draw foreign investment.

Recently, in Reformation period there is

argument which is delivered by representative of

Indonesian Farmer Alliance (API), Slamet Nurhadi,

he sees that discrepancy still happens because

agrarian reform program only focuses on settling

technical target according to National Medium Term

Development Plan (RPJMN) 2015-2019. It is through

redistribution land and asset legalization which reach

nine million hectares for farmers. Unfortunately, that

technical target is also predicted to be difficult to

achieve due to government slow movement.

Government more focuses on land legalization which

has been owned for a long time by people, but there

is no solution on discrepancy. Consequently, recent

government is expected to immediately change the

implementation structure and the meaning of agrarian

reform which more concern on settle discrepancy and

poverty.(Suara Merdeka Newspaper, 2017) However,

there are another studies which states Agrarian

Reform policy in Joko Widodo Government as a law

product, strategy, and program that have

accommodated the protection of Human Rights even

though it is not maximal (Erlina, 2017).

Indonesian Constitutional Law 1945 on Article 33

Paragraph 3 has given mandatory for the country

leader to manage earth, water, and natural resources

within the state (including land in smaller

understanding) to be used as much as possible for

people prosperity. Based on the Article 33 Paragraph

3 of Indonesian Constitutional Law 1945,

government has published Law Number 5 Year 1960

on Basic Agrarian Law (BAL) which basically stills

a principle and need to be developed more in

regulation of BAL implementation. The appearance

of BAL, essentially is the instrument to revolutionary

recast feudal and colonial agrarian structure through

five programs which are called panca program

agrarian reform. The last expectation for these

programs is to realize “Indonesian socialist society”

(Article 5 BAL) which a fair and prosperous society

based on Pancasila. To realize this dream, so that Law

Number 56 56 Prp 1960 on Agricultural land

limitation or known as Indonesian Land reform law is

published. It is understandable why the matter only

limited on agricultural land, since most of Indonesian

people at that time are farmers and mostly landless

farmers. Hence, the initial idea of agrarian reform is

to increase farmers’ degree as the marginalized

society through redistribution land of each family

member in amount of minimally 2 hectares. By the

existence of populist characteristic (concern on

farmers’ interest) it is expected to realize fair and

prosperous society.

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At the empirical level, the failure of land reform

years ago in the sixties is due to unpreparedness of

land reform committee, poor administration and

unprepared land reform fund. Also, lack of

commitment from the government to run land reform

program. Meanwhile, in New Order period, land

reform is not implemented due to land policy which

against BAL. In this era, it starts to show that land

reform basic idea in fact starting to be abandoned. As

the replacement, there is agricultural modernization

or known as Green Revolution and agro industry.

Both result in agrarian law reform and land reform as

not continued matter. Since reformation era until now

there is a glorious development in which many parties

concern on land reform problem, although it only a

matter of discourse. Nonetheless, until now it has not

been agreed on how the best land reform and agrarian

reform for Indonesia. Several parties want agrarian

reform revolutionary (simultaneously and

thoroughly) but the other want the softer way.

Besides, there are may question hanging in this

context, for instance, the distribution of central and

local government rule.

There are four main agrarian problems in

Indonesia, as it is written in Tap MPR Number IX

Year 2001, they are: overlap agrarian regulation,

narrow land authorization and ownership and

discrepancy, land conflict also natural resources

damage. All of them need to be the main agenda to be

solved before arriving at the formulation of land

reform concept which is in line with expectations.

Theoretically, there are four important factors as

requirements of agrarian reform implementation,

which are:

a. Awareness and willingness from political elite;

b. Strong organization of farmer and society;

c. The availability of complete and accurate data;

d. Adequate budget support (Abdurrahman, 2004).

If the four factors above is conditioned in

Indonesia, so that it becomes big problem since it’s

hard to fullfill. Therefore, the spirit to achieve our

main goal must be fight for tirelessly. Government

must be able to act decisively, consistently and

continuously to address gaps in the legal, social,

economic, political and security aspect through

agrarian reform policies. Agrarian reform is a social

movement, the integration of government and

community in order to carry out land reform

(Sihombing, 2018).

6 CONCLUSIONS

From the discussion, it can be concluded that

there is ownership discrepancy in Indonesia. The

group which has more capital will has wider land, but

in other side farmers as weaker group does not has

their own land. The recommendation given is: the

willingness and good intention from government to

conduct agrarian reform with social-oriented. The

government should immediately list the object of

agrarian reforms to be distributed to farmers in order

to re-achieve agrarian success. The government needs

to follow up the land systemic registration program

with the actual action of agrarian objects distribution.

Agrarian Reform implementation needs to be

preceded by agrarian reform conflict settlement

through society participation, coordination between

regional and central government to make regulation

which takes society side, and limitation of

companies’ ownership to own community land, also

mapping area based on its potency. By then, law

structure and substance is really influenced by society

culture.

7 CONFLICT OF INTEREST

Agrarian reform concept is so ideal and socialist

but in reality it is not always like that. In agrarian field

problem, the most visible problem is the agrarian

conflict and farmers’ sovereignty. Statistic data based

on Indonesian Farmer Consortium (2013) shows a

fantastic number in which 987 cases within 2004-

2014. In 2014-2015 there are 374 cases of agrarian

conflict in Indonesia, or it is increasing 60% from the

previous year (Indonesian Farmer Union, 2015). The

land conflict which related to Agrarian Reform has

encouraged Human Rights National Commission to

suggest Government to immediately form an agent

which specially handles agrarian conflict. One of the

problems which arise is related to land availability for

company but it does not pay attention to community’s

rights. According to Ifdal, land availability for mining

and plantation companies is generally neglecting

customary land which is not has any certificates but

owned by customary community (Wardah, 2012). It

is obviously does not support agrarian reform

implementation. Conflict of interest within agrarian

reform implementation also appears when facing

investors who will use agrarian reform object, but in

other side the land or object needs to be restructured

its ownership, authority, and use. Another conflict

potentially appearing when the government distribute

the land to the community is that they convert the land

and sell them to business owners. The factors of land

conversion which come from the private sector is the

The Dynamics of Agrarian Reform in Indonesia: Between Expectation and Reality

193

farmers’s low prosperity (Handayani, 2018). This is

evidently an endless problem of land reform.

ACKNOWLEDGMENTS

The researchers would like to give thanks to Law

Faculty of Jenderal Soedirman University which has

facilitated the researchers to conduct this research.

The researchers are the lecturer in Law Faculty of

Jenderal Soedirman University.

REFERENCES

Agrarian Reform Consortium., 2016. Agrarian Liberalism

is strengthened, Agrarian Reform is deflected.

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