FINAL REPORT
S
OCIALS
ECURITY FORE
LDERLYA
PPLEF
ARMERS INM
ALANG:
B
ETWEENS
ELF-S
UFFICIENCY ANDS
URRENDERImam Koeswahyono,
Fidelis Sutego,
Didit Wicaksono
Kharisman Hudha
Draft Copy – not to be quoted without author’s permission
The Centre for Agrarian Law Development,
Law Faculty, Brawijaya University Malang
A. Background
Land resources in Indonesia, like in many nations in the world, are the most valuable asset for people, especially those who live in rural areas. Thus, in empirical manifestations the relationship between persons and property is predominantly expressed as relations between persons and things. In other words, property relationship are incidents of social status. Benda-Beckmann (1979) pointed out that: “the universal with which all societies have to cope is to regulate their member relationships to property (material or immaterial). In each society, relation of the property and it’s subject is transformed into socio-cultural ones and therefore is culturally varied. Many of their legal character, are attached to these concept.
Census 2000, the population aged 15 years and over employed on a plantation was 514. who work during the previous week in plantation refers to Agriculture Census 2000 in Bumiaji: 514 (BPS Kabupaten Malang 2001).
B. Research Questions
1. Do apple farmers divide and transfer their property (agricultural land) to their descendants as an effort to secure old age care and well being?
2. How do they divide and transfer their agricultural land?
a. Do different apple farmers divide and transfer their agricultural land differently?
b. How do the apple farmers and their family members negotiate the division and transfer?
c. What factors determine the way farmers divide and transfer their agricultural land to their descendants ?
3. What are the economic and legal consequences of those various ways of dividing and transferring the agricultural land for the apple farmers and their descendants?
4. How are the division and transfer of agricultural land affected by specific business risks (such as the increasing price of insecticides since 1997, competition with import products) and general uncertainty of economic conditions in Indonesia?
C. Methodology
phenomenon by identifying unique characteristics from the interaction in those phenomenon.” Two of the cases studied represent families headed by a single elderly parent, whereas in the other three cases the elderly generation is still complete. The five families are chosen because they are members of the original community of apple farmers in Bumiaji, Batu.1 The data were collected through depth interview with those families especially related with their property.
D. Theoretical Framework
Based on the literature study and research the following framework was designed. The qualitative fieldwork in the village of this research project was based on this framework:
1. The elderly and the family background of the apple farmers;
2. Strategies, objectives and forms of dividing land resources;
3. The impact of the insecticide price fluctuation since the middle of 1997 on their property and their ability maintaining their businesses.
ownership of resources among kin are not structurally given but have to be negotiated.
Cases and Analysis
Family of Hj. Msyh (widow, 85 years old)
Mbah Hj. Msyh is 85 years old, a widow since 1979. She has nine children, four sons and five daughters. She used to own an apple plantation of 3 Ha (30.000 m2) which came from her husband who passed away 24 years ago. The apple land was distributed in 1981, two years after her husband passed away. At that time their ninth child became an adult and married through negotiation. The main reason for dividing her land was to give capital to her children and enable them to continue the tradition as apple farmers. When she was 69 years, she decided to stay with her sixth son, called I Gh. He is her most talented child, a teacher and government official in Batu, Every children gets the same portion of the apple plantation land with the exception of one portion: this piece of land which called Tanah Gantungan (Type A).2 This tanah gantungan will be given to Gh when she passes away as a gift in exchange for his obligation to take care of her.
The division of land (apple garden land and rice lands [sawah]) relied on the timing of a child’s marriage, in other words, if a child married it would be given garden land and rice field. In addition, before the late Achmad died, starting in the year 1954, sons 1 and 2 were given apple land (kebon apple), rice field (sawah) and dry land (tegal). During the period when the children were still young, Musyarofah’s land grant depended on the parents. This means that the authority over the land was still with the parents, and decisions were made by them. Although when her husband died, her way of allotting land was based on deliberation result of her with the child reason. The parents’ aim in allotting land is to help children once they are married and wanting to start a family: thus the gift (hibah) can be seen as starting capital to help a young nuclear family. In Java, of course, it is common for a married child to leave his or her parental home and develop a new domestic unit (it is not an extended family system).
2 Tanah Gantungan refers to a piece of land that won’t be divided by parents among children but will
The letter of land certificate, name still their parent is still by the parents name. But for the land, garden and sawah of her first daughter to the sixth son, their land existence have akta present (certificate). For the child of next still not yet akta present, but have there part of each for her child of number 7 and rest.
The following sequence are the name of her first daughter and brothers:
1. Bu Kunj, aged 67; she lives near Bumiaji. She was given rice fields, apple garden and dry land given to parent 2000 m2:
2. Bu Musl, aged 63; she lives around Giripurno, a different hamlet but still within the same administrative area. She was given only a rice field and apple garden totalling 2000 m2, but not the tegal. This is because she does not live in Bumiaji; instead she was given four cattle.
3. Pak Sulk, aged 59, leave Sidomulyo, age 59. Rice field, apple garden and dry land (tegal) given 3000 M2.
4. The late Mud, countryside Bumiaji, because omitting her husband hence ahead given the rice field, apple garden for the width of 2000 m2. for the tegal of changed by 2 ox.
5. Sani`i, aged 50, who lives in Bumiaji and was given rice field, apple garden and tegal totalling 3000 m2.
6. I Gh, aged 49, living in Bumiaji. He was given 3000 m2 of rice fields, apple garden and tegal.
7. St Jub, aged 47, living in Nganjuk. She was given a rice field, apple garden and tegal totalling 2500 m2. As she is absent from the Bumiaji, all of these lands are managed by Gh, but the harvest is given to St.
8. Al Must, aged 44, near Bumiaji. He was given 2500 m2 of rice fields, apple garden and tegal.
9. St Mukh, aged 41, living in Sengkaling. She was given rice fields, apple garden and tegal measuring 2500 m2.
Kin Diagram Family of Mbah Msf
1 2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Notes on the kin diagram:
Family of Pas (85 years old) & Kunj (60 years old)
Another apple farmer name Pas (80 old) and his couple Kunj (65 old) have 3 son (2 male (1 is a teacher and another has a flower shop in East Kalimantan) and 1 female (she is a teacher). They have 3000 M2) of land which given by their parents when they’re married in 1963. Approaching the old age Pas distributed family land’s into 3 parts but he still has control on it and does not give over the rights of land until he passes away. This phenomenon is called “Sangkul or Jonggolan System”3. The parents feel happy after they distributed the land’ because of declining of the risk in agro industry and always supported by the children in all expenditures included if they’re sick.
The second land owned second son of + 2000 m2. The way how they land is same as other family does, that is by seeing at the child status, whether they have married or not. When the child has married the land will be given as capital. The target that child can live and manage it and does not hang to their parent anymore.
3 Sangkul system means: a piece of land which distribute to a member of kins but the parent still
In this time land have used up allotted to her child : but although love used up to her child, if parent crop will get the result ( remain to be given result/ give to previous I Gh portion). Although given result of crop by its children, parent requirements remain to the responsibility of its children. Each month her children give the money addition to live and requirement expense. All parent expenditures, though have been given by the additional money, all child hold responsible to manage the expense of medication and treatment.
For the land of which have been given by parent, number child 1 and its 2 land have at the opposite of naming in certificate. While for the child of number 3 still not yet, ownership of land still be written by a parent name.
The following of Pas’s children are :
1. Ab M, aged 50, teacher work, lives in the Bumiaji. Parent portion of land in the form of rice field for the width of 500 m2.
2. Ab Sy, teacher, aged 47, lives in the countryside of Sidomulyo dukuh Parent portion in the form of land as wide as of 1000 m2 land aroused a house ( land have from wife portion the Abdul Syukur, become to omit to rouse the house.
Kin Diagram
Family of Pas
1 2
3 4 5 6 7 8
9 10 11 12 13
Notes Pas kin diagram :
1. Pas, 80 old 6. Surachminingsih, 43 old 11. Alfiana Kusumawati, 15 old 2. Khu, 64 old 7. Mukardi Kasam, 33 old 12. Lulut Ainul Roisyah, 21 old 3. Abdul Manaf, 50 old 8. Umi Rahmawati, 30 old 13. Rachma Bagio Setyadi, 4 old 4. Siti Zulaikah, 47 old 9. Lukmanul Hakim, 21 old
Family of Sat (±80 tahun) dan Ngap (±60 tahun)
Refering to the data from the interview with Sat ( 80 years old) and his wife Ngap ( 60 years old ) it was found that they have 7 children and 2000 M2) of land in a two different places. In a dukuh A the kin land being distributed among children, but in B dukuh the family land haven’t been distribute to all but separated into two parts, half parts to oldest son and a half parts became “Tanah gantungan B”4 of the
family land. The unique characteristic dividing of land based on consideration that the oldest son has a more family burden than the other. Thus, he will has more a piece of land.
After the parents are retired, they had transfer the risk and burden to their son and they became breeder. It will be useful if they are sick and need to the doctor as well as they need. If they had not enough money for the doctor or in Puskesmas5 all the sons will support them.
Result of interview with Sat (± 80 year) and Ngap (± 60 year). Old age both unknown surely, because he did not remember and do not have Akta Kelahiran. The amount of family member 8 persons. They do not know how many land they have, but they known own land in two place. Land existence in this time have been divided to his children. One place divided for the seven of its child people. In addition, one land will be divided by two in other place, half part of for the child of (given to first child) and the rest of the shares but owned by parent as Tanah Gantungan.
According to them unlike land grant as tanah Gantungan which during the time there will be delivered to one of. Sat’s son. Tanah Gantungan will be given to last child which not yet married. This different division according to them caused that their first child has harder burden in economic and social responsibilities than his brother and sister. As the consequences the first child should guarantee of big burden than his sister’s.
Parent life after devide their land are more lighter, because parent are not need to think farm land, they really understand it is not easy, also do not go out the capital but non- stopped to get the result from advantage obtained by his son. In this
time, the parent when shall no longer till the farmland, they chosen to work as breeder of chicken and goat preserver. This goat and chicken were bought from result of child gift, and will be sold if there is one who require and dare to bargain at the price of more than purchasing price.
If their parents are ill, medication expenses (to doctor, drug and treatment) will be supported by their son. Except the responsibility of parent expences it takes from saving money or by selling chicken and goat. If experiencing of insufficiency, hence parent will apply to the child. But which during the time is often happened by child will together change the expense released by a parent to medicine if pain.
Kin Diagram
Family of Mr. Stm
1 2
3 4 5 6
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Notes on the kin diagram : to his fourth daughter. Nowadays he follows his oldest son. This family divided their land by negotiated transfer of rights, although they haven’t used legal transfer of rights. The aim of the transfer of land right is giving a capital for each son due to its further social security if he is married. Another aim is to spread out the risk of apple field such as: increasing of the insecticide price, unbalance cost and benefit of the apple plantation since 1997.
Meanwhile, about its land division, only the first child until the third child promised get hibah6. The land for the as wide as of 1700 m2 will be passed to the first child until the third and will be divided to flatten if he died. The fourth child and so on will get the rest of land as inheritance.
The way of land distribution, through family negotiation. Furthermore, all child portion of Latief will be a lland and house as live saving. Lat has delivered the house to the first until sixth son. Unfortunately, for the seventh and eighth child haven’t been receive their portion as well, because they’re still young. The problem of when their father’s ill, Lat family have cost money to medicine, hence support all expense business and medicine by the fourth daughter (Mrs. Sul). While his child dissimilar do not follow to support the family expenses.
Affect of the increase medicine for Ltf, his family in this time family portion of Ltf support the expenses for the medical treatment for Ltf. Result of the increasing fertilizers price since 1997, it makes Ltf’s family depends on Juragan’s (a mid business for apple fruits) financial assistance. Furthermore, his family has to sell the apple friuts to Juragan and he rules the price, athough they feel that it is not appropriate.
Family of Maft (50 old, widow)
After her husband as head of railway station in Turen Malang passed away in 1991 she had 6000 M2 apple fields and Rp.275.000,- pension per month as widow of the government officer. Mft has 3 sons who are married. Her second and third sons live in another village in Batu. Her family distributed those 6000 M2 to the 3 sons, each son received 2000 M2 land which having at least 57 apple tree on it. Nowadays, she live with her oldest son who is recognized as a Uztads7 in those dukuh. The aim to divide their land is to divide the risk of plantation’s management to her of sons.
Chart of division rice field is seen by gender. A son get one share, while a daughter gets 2 shares. The responsibility of the son is to take care of the heavier family. The son as head of the family takes care of them. The portion of the rice field based on whether/what the child has married or not. If the child has married the child will be given the rice field for the capital of live. After given the capital hence child will do it no longer supported by the parent. Nowadays, all children have married, so all child have got the shares. Each land given to the son is not given certificate except in Petok D.
The land for the child was distributed to:
1. Mif Mu, aged 33, living in Bumiaji, rice field apple for the width of 4000 m2 land.
2. Mifd Hus, aged 30, live in the Banaran RW 5 RT 2 countryside Bumiaji, rice field, apple plantation for the width of 2500 m2 land.
3. Mas Ul, aged 27, Jl. Raya Selekta countryside of dukuh Sumber Gono, rice field of parent gift for the width of 2500 m2 land.
Kin Diagram
Ms. Maft
1 2
3 4 5 6 7 8
Economic and legal consequences of those various ways to divide and transfer the agricultural land on the apple farmer and their descendants
The result of this research find that the economic consequences of those various ways of dividing their land are to divide the risk of plantation management to her of sons. The elderly apple farmers builds the economic security by dividing their land among the kin if they are retired and stayed on in the son compound as well as they choose;
The self esteem may cause the elderly parent will stay in a nucleus home Although she/ he became alone but they won’t be isolated and not being looked after. Furthermore, according to the Javanese norm that elderly should be taken care for by their children and they should be supported by them or taken care by them when they are sick.
So the legal status of land hasn’t been changed, since they use “Traditional law/ Adat law. Thus, the transfer of rights hasn’t been registered by land office, which contradiction with article 19 paragraph 2 Basic Agrarian Law 1960 “ the registration mentioned in paragraph 1 of this article covers: “the registration of the rights on land transfer of these rights”. It can also said that ipso facto the land being occupied by son, but ipso iure it still being owned by parents.
Impact of the insecticide fluctuation price since in the mid of 1997 to their property and maintaining their businesses
E. Conclusion
Based on those 5 families cases which are above lead to the following conclusions:
1. The elderly apple farmers build the economic security by dividing they land among the kin if they are retired and stayed on in the son compound as well as they choose. The self esteem may cause the elderly parents stay in a nucleus home although she/ he is became alone but won’t be isolated and not being looked after.
2. Factors determining the way the farmers divide and transfer their agricultural land to their descendants ? ( are influenced by some factors such as: family composition/ number of children-grandchildren, marital status of the farmers, the health state of the farmer, family relationship, the acreage of land possessed.
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