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Menilai Dampak Peraturan Pengembangan Lahan terhadap Nilai Tanah Adat: Studi Kasus Rempang dan IKN di Indonesia: Assessing the Impact of Land Development Regulations on Customary Land Values: A Case Study of Rempang and IKN in Indonesia Dedy Hernawan
Society Vol 11 No 2 (2023): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v11i2.584

Abstract

The relocation of Indonesia’s capital city from Jakarta to East Kalimantan (IKN Nusantara) is an ambitious project aimed at reducing pressure on Jakarta and promoting more balanced development across the country. However, land development regulations in IKN often conflict with the customary land values held by local communities. Additionally, land rights regulations under the IKN Law contradict the agrarian reform goals intended by the Basic Agrarian Law of 1960. A similar situation occurs in Rempang, where Indigenous communities are burdened with proving ownership of land that is being “seized” under the National Strategic Project (PSN). This is in stark contrast to the constitutional spirit of protecting indigenous rights, which only requires recognition “as long as they still exist.” This study aims to assess the impact of land development regulations on customary land values, focusing on case studies in Rempang and IKN Nusantara in Indonesia. A qualitative approach is used in this research, with data collection methods including in-depth interviews with local stakeholders, policy document analysis, and participatory observation. Rempang and IKN were chosen as case studies because they represent conflicts between development regulations and customary land values. The research found that land development regulations often disregard the rights of indigenous communities, leading to conflicts and dissatisfaction among local communities. In Rempang, Indigenous communities face significant challenges in proving their land ownership, which is constitutionally recognized but overlooked in the implementation of PSN policies. In IKN Nusantara, the implementation of national policies shows significant gaps with local practices, exacerbating tensions and dissatisfaction. Additionally, the study reveals a lack of effective mechanisms to involve indigenous communities in the decision-making process regarding land development, leading to further exclusion and marginalization. To achieve sustainable and inclusive development in IKN Nusantara and Rempang, policymakers must consider and integrate customary land values into development regulations. Policy recommendations include more intensive consultations with indigenous communities, stronger recognition of indigenous land rights, and revising regulations to respond more to local needs. A more participatory and inclusive approach is necessary to reduce conflicts and ensure development benefits all stakeholders. In Rempang, in particular, fair and transparent mechanisms are needed for land rights proof in line with the constitutional spirit.
Menilai Dampak Peraturan Pengembangan Lahan terhadap Nilai Tanah Adat: Studi Kasus Rempang dan IKN di Indonesia Dedy Hernawan
Society Vol 11 No 2 (2023): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v11i2.584

Abstract

The relocation of Indonesia’s capital city from Jakarta to East Kalimantan (IKN Nusantara) is an ambitious project aimed at reducing pressure on Jakarta and promoting more balanced development across the country. However, land development regulations in IKN often conflict with the customary land values held by local communities. Additionally, land rights regulations under the IKN Law contradict the agrarian reform goals intended by the Basic Agrarian Law of 1960. A similar situation occurs in Rempang, where Indigenous communities are burdened with proving ownership of land that is being “seized” under the National Strategic Project (PSN). This is in stark contrast to the constitutional spirit of protecting indigenous rights, which only requires recognition “as long as they still exist.” This study aims to assess the impact of land development regulations on customary land values, focusing on case studies in Rempang and IKN Nusantara in Indonesia. A qualitative approach is used in this research, with data collection methods including in-depth interviews with local stakeholders, policy document analysis, and participatory observation. Rempang and IKN were chosen as case studies because they represent conflicts between development regulations and customary land values. The research found that land development regulations often disregard the rights of indigenous communities, leading to conflicts and dissatisfaction among local communities. In Rempang, Indigenous communities face significant challenges in proving their land ownership, which is constitutionally recognized but overlooked in the implementation of PSN policies. In IKN Nusantara, the implementation of national policies shows significant gaps with local practices, exacerbating tensions and dissatisfaction. Additionally, the study reveals a lack of effective mechanisms to involve indigenous communities in the decision-making process regarding land development, leading to further exclusion and marginalization. To achieve sustainable and inclusive development in IKN Nusantara and Rempang, policymakers must consider and integrate customary land values into development regulations. Policy recommendations include more intensive consultations with indigenous communities, stronger recognition of indigenous land rights, and revising regulations to respond more to local needs. A more participatory and inclusive approach is necessary to reduce conflicts and ensure development benefits all stakeholders. In Rempang, in particular, fair and transparent mechanisms are needed for land rights proof in line with the constitutional spirit.
Tegangan antara Percepatan Target dan Kepastian Hukum: Analisis Yuridis Validitas Alat Bukti dalam Pelaksanaan Pendaftaran Tanah Sistematis Lengkap (PTSL) di Desa Ciparay Sri Wulan Dewi; Dedy Hernawan
Jurnal Hukum Lex Generalis Vol 7 No 9 (2026): Tema Hukum Agraria dan Pertanahan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i9.4123

Abstract

This study is grounded in the tension between two competing interests in the implementation of the Comprehensive Systematic Land Registration Programme (PTSL): the pressure to meet quantitative administrative targets set by the government and the need to safeguard the juridical validity of land ownership evidence as the basis for legal certainty. This study aims to examine the extent to which the acceleration of PTSL target achievement in Ciparay Village potentially affects the thoroughness of juridical evidence verification and to analyse the legal risk-mitigation measures undertaken by the implementing committee. The method employed was an empirical legal approach with a descriptive-analytical focus. Primary data were obtained through interviews with the National Land Agency (BPN) of Bandung Regency, the PTSL committee and the Ciparay Village administration, as well as questionnaires distributed to 70 community members who received PTSL certificates. Secondary data were obtained through a literature review of legislation, journals and other supporting documents. The findings show that PTSL realisation in Ciparay Village reached 512 land parcels, or 102.4% of the 500-parcel quota, with 505 certificates (98.63%) handed over, while 5 certificates (0.98%) remained undelivered, 1 file (0.20%) was returned for correction and 1 application (0.20%) was cancelled. This study finds that target pressure gave rise to a tiered application of the good-faith principle, whereby dryland parcels whose physical possession was easily evidenced through witness testimony were prioritised, while rice-field parcels were processed last due to their susceptibility to unilateral claims by cultivators and the scarcity of written evidence. This practice reveals a gap between the normatively required “clear and clean” principle and the practical limits of juridical proof in the field, which may give rise to legal uncertainty in the future despite the administrative target having been exceeded. Accordingly, the quantitative success of PTSL in Ciparay Village must be read critically through the lens of legal certainty, rather than merely as an administrative achievement.
Akibat Hukum terhadap Keterlambatan Penyerahan Sertifikat Tanah oleh Kantor Pertanahan Kota Bandung dalam Perspektif Hukum Perdata Vriscilla Akasya Putri Hidayat; Dedy Hernawan
Jurnal Hukum Lex Generalis Vol 7 No 9 (2026): Tema Hukum Agraria dan Pertanahan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i9.4138

Abstract

Land registration aims to provide legal certainty and legal protection to land rights holders through the issuance and delivery of certificates as strong evidence. However, in practice, delays in the delivery of land certificates are still encountered at the Bandung City Land Office. Research findings indicate that these delays are caused by incomplete administrative requirements, challenges in transitioning from analog to electronic certificates, and disruptions in the electronic system. These delays result in the postponement of the exercise of the public’s civil rights, such as sales and purchase transactions, the establishment of liens, and credit applications. Therefore, service effectiveness must be improved to ensure legal certainty for the public.