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All Journal Jurnal Ilmu Sosial dan Humaniora Jurnal Pariwisata Pesona Geoplanning : Journal of Geomatics and Planning Jurnal Ilmiah Peuradeun Journal of Government and Civil Society Forest and Society BHUMI: Jurnal Agraria dan Pertanahan Hermeneutika : Jurnal Ilmu Hukum Publik: Jurnal Manajemen Sumber Daya Manusia, Administrasi dan Pelayanan Publik Jurnal Supremasi Jurnal Tunas Agraria Widya Bhumi Jurnal Inovasi Pengabdian Masyarakat Pendidikan Marcapada: Jurnal Kebijakan Pertanahan Journal of Infrastructure Policy and Management (JIPM)

M. Nazir Salim

Sekolah Tinggi Pertanahan Nasional

Author-ID : 2427561

Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Control & Systems Engineering Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Reconciling community land and state forest claims in Indonesia: A case study of the Land Tenure Settlement Reconciliation Program in South Sumatra Salim, M. Nazir; Wulan, Diah Retno; Pinuji, Sukmo
Forest and Society Vol. 5 No. 1 (2021): APRIL
Publisher : Forestry Faculty, Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24259/fs.v5i1.10552

Longstanding land tenure claims in state forest by communities continues to pose a challenge to government institutions in Indonesia. Such conditions require institutions to develop mechanisms to assure communities of their rights in the state ideals of manifest justice and welfare. One government policy to reconcile these goals is the mechanism on Land Tenure Settlement Reconciliation in State Forests (Penyelesaian Penguasaan Tanah dalam Kawasan Hutan/PPTKH). This study aims to describe this policy in the context of fieldwork experience related to fundamental problems in the process of identification and settlement of land tenure claimed by communities in state forests. Data collection was obtained through participant observation conducted with communities in Ogan Kemoring Ulu Regency by identifying and verifying community lands in state forests. This method allowed for a more nuanced understanding of settlement challenges and afforded the opportunity to develop a formula for addressing conflicts. The results of the study show that the main problems are a lack of access to information related to the PPTKH policy emergent from ineffective dissemination of information combined with an underdeveloped capacity of processes that support the community to convene and discuss with government actors, academics/researchers, and activists/scholars. The participative learning process conducted by the authors helped the community effectively prepare documents to propose to an Inventory and Verification (Inver) team of Land Tenure in State Forests. Therefore, going forward more collaborative work is needed within the framework of community assistance and capacity building so that the communities have the means and resources to able to understand the challenges of land tenure recognition and be empowered to propose such mechanisms independently. Communities who claim land in state forests depend upon formalized legality, without which can potentially harm their access and assets.

Penyelesaian Konflik Penguasaan Tanah HGU dengan Masyarakat di Bengkulu Utara Anggriawan, Rosi Pramula; Sutaryono, Sutaryono; Salim, M. Nazir
Marcapada: Jurnal Kebijakan Pertanahan Vol. 1 No. 1 (2021): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

The increasing number of land conflicts, particularly over HGU (Hak Guna Usaha/Right to Cultivate) land, has far-reaching implications for the community. On the one hand, the community requires land, while on the other, the company seeks to defend what they consider are their rights. Because this argument attracts others, it is necessary for a government agency to act as a referee or facilitator to resolve the resulting conflict. The purpose of this study was to identify the factors that contribute to land tenure conflicts between the community and three companies that own HGU, as well as to explain the role of the Ministry of ATR/BPN in resolving those conflicts. The data collection method used in this study was a qualitative one presented in a descriptive manner, followed by a comparative/comparative analysis of the cases. The results suggested that the conflict arose because community members were inneed of land reclaimed on HGU land, while HGU holders made a little positive contribution to the residents surrounding the plantation. With regards to this situation, the Ministry of ATR/BPN attempted to resolve it through relatively effective methods, namely acting as a mediator and negotiator, delaying the HGU extension process, and eventually distributing some of it to the community. The partial efforts made thus far have been relatively effective and provide a sense of security for the landowners.

Ulayat Land and Agrarian Reform Policy in West Sumatra Ihsan, Arif; Salim, M. Nazir
Marcapada: Jurnal Kebijakan Pertanahan Vol. 1 No. 2 (2022): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

One of the objects of Agrarian Reform in West Sumatra is the Ulayat Land. The practice is carried out by changing the status of Ulayat Land to state land through the mechanism of release by Niniak Mamak. Ulayat Land is a plot of heritage land and its natural resources obtained from generations as regulated by local governments both in designation and utilization. This study aims to explain why Ulayat Land is used as a Land Object of Agrarian Reform (TORA) in West Sumatra and why the mechanism of giving is individually and not collectively. With qualitative methods, this study analyzes the process and mechanism of assigning TORA Objects sourced from Ulayat Land to their redistribution. This study found that the determination of Ulayat Land to be state land which was then distributed to the Domo Tribe as one of the solutions offered by the Dharmasraya Regency Land Office and approved by the Nagari Customary Density (KAN). This policy is considered the best solution to save the Ulayat Land of the Domo Tribe, West Sumatra. The author concludes, to keep Ulayat Land maintained, the redistribution mechanism can be used to save Ulayat Land because all control is still under indigenous institutions (KAN). Even de jure, these lands have been redistributed to members of indigenous communities.

Re-Scanning the Electronic Certificate Infrastructure (Sertipikat-el) Wulan, Diah Retno; Salim, M. Nazir; Rineksi, Trisnanti Widi
Marcapada: Jurnal Kebijakan Pertanahan Vol. 2 No. 1 (2022): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v2i1.24

An electronic certificate (Sertipikat-el) results from a series of electronic land registration activities in electronic documents that should be digital evidence. This paper describes the infrastructure of Sertipikat-el and offers steps that can be taken so that Sertipikat-el does not lose its essence as evidence of ownership and not ruled out in evidence at trial. Sertipikat-el in electronic documents does not violate the laws and regulations. Unfortunately, the electronic system used to create and manage Sertipikat-el does not meet all requirements so that it can guarantee that each component and the integration of all electronic systems continue to operate properly by minimizing the failure of electronic systems. Although Sertipikat-el has been determined in electronic documents, it has not been further regulated regarding data input and information. For this reason, there is a need for a complete revision of ministerial regulations and implementation related to electronic land registration at the technical level in the field. To ensure the used electronic system's essential function to create and manage the Sertipikat-el continues to run even in the event of a disaster or disruption, the electronic system needs to be registered. A reliability test and an audit from the competent agency are carried out. In addition, the system must also have archival functionality and be defined from the beginning whether the creation and management of Sertipikat-el are carried out in an electronic system or not because it will affect the method of presenting Sertipikat-el data as digital evidence at the trial.

Agrarian Reform and Indigenous Peoples: Land Management Practices of Boti Tribe Pujiriyani, Dwi Wulan; Salim, M. Nazir; Soinbala, Maya Rahelia
Marcapada: Jurnal Kebijakan Pertanahan Vol. 2 No. 1 (2022): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v2i1.27

The viability of traditional tenure practices is being dealt with seriously by the privatization process. In this case, it is necessary to take sides to save the remnants of the collective heritage management of the community over shared resources, one of which appears in the context of Boti Tribe. Through Boti, the vertical redistribution model and the horizontal redistribution model can be reflected simultaneously. This vertical redistribution is related to the authority of customary leaders in regulating land tenure and use for all members of the community. Meanwhile, horizontal redistribution is related to resource management carried out among community members. This system works simultaneously and does not present feudal obligations as the base of production relationships built in the feudal hierarchical system. Boti tribe is included in the category of people who are still alive and have tribal customary land areas so that their existence can be confirmed. After receiving recognition from the local government, the identification process can be carried out by recording, measuring, and mapping. If the final product is the issuance of certificates, the only suitable protection mechanism in the case of Boti Tribe is through the issuance of communal certificates.

Implementation of Village Land Utilization Policy in Bantul Regency Farida Khasanah, Nor; Laksamana, Rofiq; Rahmanto, Nur; Nashih Luthfi, Ahmad; Salim, M. Nazir
Marcapada: Jurnal Kebijakan Pertanahan Vol. 3 No. 1 (2023): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v3i1.41

The Special Region of Yogyakarta has experienced developments (or can also be termed as "regressions") in the enforcement of land regulation since time immemorial. A new chapter commenced following the enactment of Law No. 13 of 2012 on the Special Status of the Yogyakarta Special Region (UUK). One of the provisions in Article 7, Paragraph (2) of UUK pertains to land affairs, which, among other things, led to the issuance of the Yogyakarta Special Region Governor Regulation (Pergub) No. 34 of 2017 on Village Land Utilization. This research aims to identify the issues arising from the implementation of Pergub No. 34 of 2017 within the various institutions vested with authority in the implementation of this policy. A qualitative methodology was employed in this study, utilizing observation, interviews, and an intensive document analysis approach. Villages serve as the governing bodies directly responsible for Village-owned Land and are mandated to conduct an identification of Sultan/Pakualaman Ground for the purpose of changing its status to the ownership of the Sultan/Pakualaman. The Department of Land and Spatial Planning, acting as the facilitator for the planning and implementation of land affairs and spatial planning, subsequently carries out inventory, identification, and verification processes. Furthermore, it oversees the utilization of Village Land with the Right of Anggaduh. The implementation of Pergub No. 34 of 2017 on Village Land Utilization has been carried out by all relevant departments or stakeholders possessing authority and/or serving as facilitators on behalf of the Sultanate of Ngayogyakarta/Dutchy of Pakualaman.

Tata Kelola Pembangunan Berkelanjutan dalam Upaya Menghadapi Konflik Agraria di Kawasan Transmigrasi Provinsi Lampung Junarto, Rohmat; Salim, M. Nazir; Mujiburohman, Dian Aries
Journal of Infrastructure Policy and Management (JIPM) Vol. 8 No. 1 (2025): Journal of Infrastructure Policy and Management (JIPM)
Publisher : PT Penjaminan Infrastruktur Indonesia (Persero)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35166/jipm.v8i1.94

Indonesia’s transmigration program, despite its scale and strategic intent, has generated persistent structural issues, including agrarian disputes and social tensions. This study investigates the ineffectiveness of sustainable development governance in transmigration areas and proposes evidence-based policy solutions, with a focus on Lampung Province. Employing a mixed-methods approach, the research integrates in-depth interviews, focus group discussions, field observations, and literature review. The study was conducted in four transmigration sites: Rawa Pitu, Mesuji, Way Tuba, and Ngambur. Data were collected from 35 key informants and secondary sources, and analyzed thematically and spatially using ArcMap 10.8.2 software, alongside a descriptive-narrative method. The findings reveal that, by 2023, a total of 6,397 land plots across 24 locations remained uncertified due to overlapping claims. Besides, approximately 40% of issued land certificates did not match the actual physical boundaries. As of 2024, 65% of land disputes have not been resolved, primarily due to institutional fragmentation and overlapping mandates between the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and the Ministry of Environment and Forestry (KLHK). Social conflicts, such as those observed in Papan Rejo Village, reflect the limitations of top-down policy approaches and the neglect of local communities’ historical land rights. The study recommends structural reforms in integrating land governance systems, accelerating spatially-based land certification, and adopting inclusive and participatory conflict resolution mechanisms.

Policy on Termination of New Land Permits: Adverse Impact on Economic Development in Meranti, Riau Nirwana, Latansa Kunta; Salim, M. Nazir; Retno Dewi, Asih
Marcapada: Jurnal Kebijakan Pertanahan Vol. 4 No. 2 (2025): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v4i2.156

Indonesia is developing by facilitating the investment climate. The Regulation in Lieu of the Job Creation Law No. 2 of 2022 shows the government's seriousness in the Ease of Doing Business. One sector with significant development potential is the land sector, which can utilise the economic value of land certificates to provide access to community capital. However, on the other hand, the policy of stopping the granting of new permits on peatlands has caused a policy conflict that has an impact on community economic access. With a field study and spatial analysis approach, this study traces data by conducting observations and in-depth interviews with various sources who understand the issue of the policy of stopping new permits related to peatlands in the Meranti Islands Regency (Meranti). The purpose of this study was to determine the condition of land and spatial planning in Meranti and its impact on the economic conditions of the community. The results of the study found that the implementation of the PIPPIB policy in Meranti, which is still indicative, is very powerful in stopping new permits. The PIPPIB policy has an impact on community land that has been certified so that derivative services cannot be implemented. This condition has caused a decline in the community's economy and increased the number of poor people in Meranti. In the end, the PIPPIB policy that is not participatory and does not care about the conditions of the Meranti community becomes a non-strategic policy strategy and causes misery to the community.

The Issues of Land Tenure in Mixed Marriage Mujiburohman, Dian Aries; Junarto, Rohmat; Salim, M Nazir; Pujiriyani, Dwi Wulan; Utami, Westi; Andari, Dwi Titik Wulan
Jurnal Ilmiah Peuradeun Vol. 11 No. 1 (2023): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v11i1.818

One of the problems in mixed marriages of different nationalities is joint property. Most mixed-married couples do not make property separation agreements because they are unaware that the Marriage Law governs them. The absence of a marriage agreement results in a mix of assets, which means that foreigners own half of the joint property. The provisions in the land law/ UUPA state that foreigners are prohibited from having land rights except for usufructuary rights and rental rights. This study applied the normative legal research method with a statutory and case-based approach. This study showed that if mixed marriage actors did not have a property separation agreement, Indonesian citizens' land rights ownership status was equal to that of the foreigners. Second, jurisprudence still required a separation of properties in mixed marriages. The agreement could be made before, during, or after the marriage. Third, marriage institutions could conduct legal smuggling to obtain land rights in Indonesia through borrowing names (nominees), usually carried out in an unregistered marriage.

AGRARIAN REFORM: LEGAL CHALLENGES IN TRANSMIGRATION LAND LEGALIZATION Salim, M Nazir; Junarto, Rohmat; Mujiburohman, DianAries
Jurnal Supremasi Vol 15 No 2 (2025): Volume 15 Nomor 2 Tahun 2025
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/rdyfkk33

This research examines various challenges related to the legalization and redistribution of transmigration land, using a normative juridical approach and secondary data. The research results show that the transmigration program, although based on strong laws and continuously being updated, only succeeded in achieving 23.14% of the set land area target, namely 138,834.72 hectares from the target of 0.6 million hectares. Several problems hinder this process, such as transfers and sales, illegal transfers, disputes with the business world, disputes between government agencies, overlapping claims on forest areas, and a lack of accurate legal and spatial data. This complexity causes legal uncertainty regarding transmigration land, thereby creating obstacles to land ownership. To overcome this problem, a multi-faceted strategy is needed that includes establishing a clearer legal framework, investing in infrastructure to speed up land registration, strengthening cooperation between institutions, increasing transparency in land administration, and increasing public awareness through education and empowerment. These strategic steps are important to ensure legal certainty, protect the rights of transmigrants, and support broader goals, namely fair land distribution and regional development.

Co-Authors Abdul Haris Farid Agung Anugra Putra Dempo Agung Dini Riyadi Ahmad Nashih Luthfi Aisyah, Annisa Nur Alvian, Fitra Andari, Dwi Titik Wulan Anggriawan, Rosi Pramula Arditya Wicaksono Baskara Suprojo Bunga Mareta Dwijananti Dewi, Asih Retno Diah Retno Wulan Dian Aries Mujiburohman Diffa Alifia Nabila Dwi Wulan Pujiriyani Eko Wahyono, Eko Farida Khasanah, Nor Fatimaharani Annisa Septiya Ningrum Fatwa Nurul Hakim, Fatwa Nurul Fitria Nur Faizah Ekawati Fokky Fuad Fuadina, Lutfia Nursetya Harvini Wulansari Ihsan, Arif Ilmadianti, Ilmadianti Kholfa Anisa Kistie Lendra Octora Kusmiarto, Kusmiarto Luthfi Adela Saraswati Mohammad Fajar Hidayat Mr Padjo Mujiati Mujiati Mujiati Mujiati Mujiati Mujiati Mujiburohman , Dian Aries Mujiburohman, DianAries Narendra, Tatag Bagus Nashih Luthfi, Ahmad Nirwana, Latansa Kunta Prihatin, Septina Marryanti Purbawa, Yudha Purnama Alamsyah Putri Shenia, Aurellia Putri, Bahar Trianindha Putri, Berlian Imani R. Deden Dani Saleh Rahmanto, Nur Ramadhana, Millennia Duta Retno Dewi, Asih Reza Amarta Prayoga Rezky Dellah R. Rezky Zamzani Rineksi, Trisnanti Widi Rochmat Martanto Rofiq laksamana Rohmat Junarto Rohmat Junarto Sarjita, Sarjita Soinbala, Maya Rahelia Sukmo Pinuji Suprojo, Baskara Surung Suranyate Manik Sutaryono Tsaurah, Zahra Ats Vilanova, Rosye C. Wasyilatul Jannah Westi Utami Wijaya, Gustaf Wulan, Diah Retno Wulansari, Harvini

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