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Evaluation of Land Redistribution Implementation in Agrarian Reform Program: Legal and Social Perspectives Novianti, Leny
Jurnal Ilmiah Teunuleh Vol. 5 No. 2 (2024): Jurnal Ilmiah Teunuleh
Publisher : Teunuleh Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51612/teunuleh.v5i2.221

Abstract

The agrarian reform program in Indonesia aims to realize justice in the control, ownership, use, and utilization of land through land redistribution to marginalized communities. However, its implementation is still faced with various structural and cultural obstacles. This study aims to evaluate the implementation of land redistribution in the agrarian reform program from a legal and social perspective. The method used is descriptive qualitative approach with data collection through literature study, documentation, and policy analysis. The results showed that legally, this program experienced obstacles in the form of overlapping regulations, weak legal certainty, and low coordination between institutions. From the social side, challenges arise in the form of capital owner resistance, lack of community participation, and unpreparedness of local institutions in supporting program implementation. Therefore, the success of land redistribution requires regulatory harmonization, institutional strengthening, and inclusive participatory mechanisms. This evaluation provides important recommendations for policy makers so that agrarian reform does not only become a formality agenda, but is able to bring substantive agrarian justice.
Multisectoral Challenges in The Implementation of Land Redistribution: Legal, Social, And Administrative Perspectives Novianti, Leny
Jurnal Ilmiah Teunuleh Vol. 5 No. 3 (2024): Jurnal Ilmiah Teunuleh
Publisher : Teunuleh Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51612/teunuleh.v5i3.222

Abstract

Land redistribution is the main pillar of agrarian reform policy that aims to create justice in land tenure and utilization. However, its implementation in Indonesia is still faced with various interrelated multi-sectoral challenges, especially in legal, social, and administrative aspects. This study aims to critically analyze the complexity of land redistribution implementation from these three perspectives using a descriptive qualitative approach and literature study. The results show that overlapping regulations, weak legal certainty, and conflicts between regulations are the main obstacles from the legal side. Socially, low agrarian literacy, lack of public participation, and resistance from capital owner groups weaken the legitimacy of the program. On the administrative side, weaknesses in the data collection system, limited human resources, and poor coordination between institutions are significant implementation obstacles. This research emphasizes the need to reformulate the land redistribution policy with an intersectoral, participatory, and social justice-based approach. Recommendations are made to strengthen synergies between stakeholders, harmonize regulations, and increase institutional and community capacity in supporting inclusive and sustainable agrarian reform.
Agrarian Justice in Aceh Customary Law: A Study of Customary Land in Aceh Besar Novianti, Leny
Jurnal Ilmiah Teunuleh Vol. 5 No. 4 (2024): Jurnal Ilmiah Teunuleh
Publisher : Teunuleh Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51612/teunuleh.v5i4.223

Abstract

Agrarian justice in Indonesia does not only depend on the formal legal framework, but is also strongly influenced by the existence and recognition of the customary law system, especially in indigenous communities such as in Aceh. This research aims to examine agrarian justice in the perspective of Acehnese customary law through a case study of customary land in Aceh Besar District. Using a descriptive qualitative approach and field study methods as well as in-depth interviews, this research highlights the role of customary law in regulating ownership, distribution and resolution of agrarian conflicts. The findings show that indigenous communities in Aceh Besar have customary land management mechanisms based on the principles of deliberation, collective justice and spiritual values, but often face unclear legal status and lack of administrative recognition from the state. Agrarian conflicts often occur due to overlapping claims between indigenous peoples and formal control by outsiders. This research recommends strengthening the synergy between customary law and national law in the form of contextual agrarian policies, participatory legalization of customary land, and protection of collective rights of indigenous peoples as a step towards sustainable agrarian justice in Aceh.
The Dynamics of Land Tenure and Utilization: A Case Study of Agrarian Disputes in Aceh Besar District: - Novianti, Leny
Jurnal Ilmiah Teunuleh Vol. 5 No. 1 (2024): Jurnal Ilmiah Teunuleh
Publisher : Teunuleh Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51612/teunuleh.v5i1.188

Abstract

Agrarian disputes in Indonesia are still a complex problem that has a direct impact on social inequality and legal uncertainty, including in Aceh Besar District. This study aims to analyze the dynamics of land tenure and utilization which are the roots of agrarian conflict in the region. The approach used is qualitative with a case study method, through field observations, in-depth interviews with communities, local government, legal officials, and the private sector, as well as analysis of legal documents and land policies. The results show that overlapping claims between customary and formal legal rights, weak legal protection of historically-based land tenure, and the dominance of economic interests in land use are the main causes of conflict. Available dispute resolution mechanisms have not been effective, both litigative and non-litigative, because they do not accommodate the root of the problem and tend to ignore participatory aspects. On the other hand, local institutions such as mukim and tuha peut have the potential to be key actors in conflict resolution, but have not received adequate regulatory support. This finding confirms the need for fairer and more inclusive agrarian policy reform, by encouraging harmonization between state law and customary law, community empowerment, and strengthening local institutions as a strategy for resolving agrarian conflicts in a sustainable manner.