First, the more frequent land conflicts and disputes occurring in most parts of Indonesia. These land disputes can involve various parties both among/between certain governmental institution and the people, between people and institutions and the people, between people and investors, among/between governmental institution,or among the people themselves. The disputes can also take place in almost all sectors; industries,tourism, mining, forestry, etc.

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Second, land ownership and land tenure are concentrated in the hands of a small group of people. In rural areas this concentration of land tenure can be seen from the results of agricultural censuses of the last few decades. The agriculture census of 1993 shows that 69% of agricultural landwas under the control of 16% of rural households while 31% of agricultural land is controlled by small and landless farmers, which contribute to 84% of rural households. On the other hand, in the last three decades, the average size of land tenure of agricultural household’s is decreasing, namely from 1.05 hectare in 1983 to 0.74 hectare in 1993, and this number is predicted to be falling sharply in agriculture census in 2003.

Meanwhile, an illustration of the concentration of land ownership and

landholding in urban areas can be seen through the increasing number of poor groups who get marginalized and even have lost their land for the various interest of the development. This is related to the urban planning that does not give enough access for the poor people group to share the benefit of land use conversion.

Third, the weak legal guarantee over land can be seen through the lack of protection of people’s rights over land, especially the poor group. In the last couple of years there have been processes of land takeover, including the ulayat land controlled by a certain indigenous group, or various needs without sufficient protection.

During the economic crisis, the occupation of land thathad been registered of provided its rights occurred in both rural and urban areas. Such condition at lastgives rise to poverty that is accompanied with social and political turbulence in the society

Toward a Theory of Land Reform, (Michael Lipton) : They may be insufficient … and an insufficient definition of

land reform permits something not correctly or normally counted as land reform to slip in.

Definitions may be more than sufficient … A more than sufficient definition of land reform excludes something correctly or normally counted as land reform.

A definition can be plain wrong, specifying characteristic that do not really belong to the object defined, … A plain wrong definition of land reform would both exclude things that should be out

H. Beers: “In Law it is property; in political science it

is source of power and strategy; in economics it is a factor of production and a form of capitals; in social psychology it is personalised guarantor of security; in anthropology it is an item of culture and impart of social system; in agriculture it means basically the soil; to geographers land can mean most of these things, but most of all perhaps surface of land use”

Russel King thought that in common land reform is

focusing in two character:

a. Land reform is invariably a more or less direct,

publicly controlled change in the existing

character of land ownership.

b. It normally attempts a diffusion of wealth, and

productive capacity

Technically, the definition of the land reform can be translated in a wide sense and a narrow sense. The definition of land reform in the BAL and Law Number 56/Prp/1960 is land reform in the wide sense, or called Agrarian Reform which includes:

1. The implementing of Agrarian Law’s reform, which is the reformation of the principle of the former Agrarian Law in accordance with the condition and situation in modern and replacing with the legal provisions in line with the modern society.

2. Abolishing all kinds of the western rights and colonial principles. 3. Terminated the authority of the land title holder and feudalism of the land

that has been causing a lot of exploitation to the people through the control of the land ownership structure.

4. Restructuring the ownership and control of the land and also relations concerning to the usage of the land.

5. Planning of the availability, consolidation and use of the land in accordance with the capabilities and development progress.

Definitions of the land reform according to the BAL called Agrarian Reform; basically cover three basic questions, namely: 1. Restructuring and reconstruction the ownership

system and control of the land. The purpose is prohibiting “Groot Ground Bezit” namely the excessive land ownership that excessive, because such things would detrimental to the public interest. This principle included in article 7, 10, and 17 of the BAL.

2. Restructuring and redetermination the usage of the land or land use planning.

3. Abolishing the Colonial Agrarian Law and constructing the National Agrarian Law.

Objective in general: The purpose of the land reform has a lot of

opinions from various circles, but the various opinions are leading up the effort increasing income and standard of living for tiller, as a basis or requirement for implementing the economic development heading toward righteous and prosperous society based on Pancasila, as listed in preamble to the 1945 Constitution.

1. Arranging equitable distribution of the source of living for the farmer in the form of land, with the intention to give the equitable distribution, by changing the structure of land revolutionarily, in order to reach the social justice.

2. Implementing the principle to give land for the thriller/farmer, so it would not happen again land as a speculation object and exploitation.

3. Reinforcing and expanding the right of ownership of the land for the Indonesian citizens, both men and women that have a social function.

4. Terminating the land title holder system and revoking the ownership and land controlling on unlimited large scale, by holding the maximum and minimum limits for each family. As a head of a family can be a man or woman. Thus, eradicating the liberalism and capitalism systems of the land and giving protection to the small-capital economy group.

5. Increasing the national production and encouraging the implementation of intensive agricultural by share the burden in form of cooperatives and others share the burden, to achieve equally distributed and righteous security accompanied by special credit system pointed to the weak.

President Soekarno speech “JAREK” (Jalannya Revolusi Kita), 17 Agustus 1960 announced about landreform:

1. “Executing land reform meant also

conducting a conditio sine qua non of the Revolution of the Indonesia. The Revolution of the Indonesia without land reform is non sense as well big speaking but empty, meaningless.”

2. In HE speech also quoted UN points on landreform: “defects in agrarian structure, and in particular system of land tenure, prevent a rise in the standard of living of small farmers and agricultural labourers and impede economic development”

1. Philosophical/Ideal foundation: Pancasila 2. Constitutional foundation: Article 33 paragraphs 3 of the 1945 Constitution and The

Indonesian People’s Consultative Assembly Decree (TAP MPR RI) No. IX/MPR/2001 3. Implementational/Operational foundation:

1. Article 7, 10, 17 and 53 of BAL;

2. Law No. 56/Prp/1960 regarding limitation of the size of Agricultural Land;

3. Law No. 2 of 1960 as implemented by Presidential Instruction No. 13 of 1980 regarding Share Cropping Agreement;

4. Government Regulation No. 224 of 1961 and Government Regulation No. 41 of 1964 regarding The Implementation of Land Distribution and Compensation;

5. Government Regulation No. 4 of 1977 regarding Absentee Ownership by the Retired Civil Servants;

6. Law No. 1 of 1958 as implemented by Government Regulation No. 3 of 1991 regarding Abolition the special Western Land…of Ownership (Tanah Partikelir);

7. Chairman of National Land Agency Regulation No. 3 of 1991 regarding Arranging the Control of the Object Land reform by Expense, and so forth;

8. Presidential Decree No. 34 of 2003 regarding National Policy in the Land Area.

1. Prohibition of control over the agricultural land about the limitation of maximum size of land (article 1-6 Law No. 56/Prp/1960).

2. Prohibition of the ownership of absentee land (article 3 Law No. 56/Prp/1960).

3. Redistribution of the remaining lands of the maximum limit, absentee, the former autonomous land, and other lands state (object lands of land reform) arranged in Government Regulation No. 224 of 1961 and Government Regulation No. 41 of 1964.

4. The rearrangement of the repayment and term of this agriculture land’s pledge the division of land ownership into small plots of land (article 7 Law No. 56/Prp/1960.

5. Rearrangement regarding share cropping agreement (Law No. 2 of 1960)

6. Determine the minimum limit of the agricultural land ownership and prohibition to conduct the acts that can cause smash the land tenure into small pieces (article 9 Law No. 56/Prp/1960).

AT THE-END OF THIS SESSION