STUDY OF THE HISTORY AND DYNAMICS OF THE AGRARIAN POLICY IN TRANSFORMING THE INDONESIA’S AGRARIAN REFORM

Abstract

This study was conducted to find out: (1) the agrarian history as a milestone of
the agrarian policy in Indonesia; (2) the dynamics of agrarian policy as a driving
factor for the agrarian reform; (3) agrarian policy as a means of transforming the
agrarian reform in Indonesia. This study is a normative juridical legal research
with a historical approach, in addition to use conjunctural approach to examine the
complex, historically specific, of various agrarian policies. The study concludes that:
(1) Agrarian history is an important part of the agrarian policy realization, beginning
from Dutch colonialism along with the dominated agrarian resources and the raise
of peasant resistance against imperialism, this condition gave rise to the spirit of
national movements and the birth of Law Number 5 of 1960 on The Agrarian Basic
Law (hereinafter abbreviated to UUPA) as the basis for agrarian policy in Indonesia;
(2) Not all the agrarian policies are oriented towards the objectives of the UUPA, often
time they cause problems in their application, among others its irrelevant to principles
of justice and people's welfare, land tenure disintegration, lack of certainty over the
land rights, stand for the capital owners, opening up of foreign investors controlling
agrarian sources, the designation of forest areas on people’s lands, nationalization of
the plantations, repressive resolution of agrarian conflicts, and land certification which
legalizes inequality land tenure structures; (3) agrarian policy is an important part
of the process of realizing the agrarian reform, especially in the context of agrarian
transformation towards the formation of a 'agrarian' society structure integrated into
economic pillars to improve people’s welfare.