Qualitative Study Of Health App On Loyalty
P. Santoso
2. Issues and Governance Strategic Thinking (Pamong / Governance), Management System, and Quality Assurance of Land Public Service;
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176 New directions of land law reform especially on land law policy must lead to the achievement of better Land Development and Management. The program needs to be designed to support democratization and the establishment of clean and good governance. The step which must be done soon is "President" must dare to assert a rational government, transparency and competitiveness among departments, in providing services, and encouraging law enforcement and willing to give public accountability regularlyMethodology
This study can be broadly grouped into socio-legal research approach. There are two aspects of research, first, the legal research aspect, that is the object of research still exist in the form of law in the meaning of
"norm" legislation, and second, socio research, that is used methods and social knowledge theory about law to assist researcher in do the analysis (Zamroni: 1992). This approach is done to understand the law in the context of society that is a non-doctrinal approach. Through this approach, the object of law will be interpreted as part of the social subsystem among other social subsystems. The understanding that law is a set of norms independent of social unity will only deny law attachment as the norm and the social basis.
Discussion
The fundamental change on Jokowi- JK cabinet is "Mental Revolution". It encourages and gives motivation for progressive lawyers to contribute on mental revolution, because it is very synchronized with the ideals of progressive lawmakers,SatjiptoRahadjo. The policy implementer must have a revolutionary soul of change. Policy makers (decision makers) must dare to do rule breaking against the imposition of laws on people and unfair. So implementer of the policy --- in this case is the Minister of Agrarian & Spatial Plans --- must be a person who has a radical agent who has a vigilant character, or a fighter who has volkgeist or nation soul. The essence of the legal system is as a reflection of people soul (nation soul) that developed the law.
1. Strategic Issues of Human Resources & Strategic Thinking of Human Resource Development
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177 The challenges in land field management are: (1) the lack of legal certainty of land rights; (2) the unfinished implementation of land decentralization due to the lack of synchronization of existing regulations;(3) the lack of inequality and injustice in mastery, ownership, use and land utilization; (4) it doesn’t resolve yet incorrect land utilization in accordance with its function and land function transfer of technical irrigated into non-agricultural land (Industry, Service and Housing / property); and (5) land service is not optimal yet.
The problems are: (1) incomplete and inharmonious the existing land legislation, with other regulation (overlapping and causing sectoral egos); (2) limited capacity of district / municipal Land Office, both in regulatory, institutional, human resources, information and financing aspects, in providing land services to communities in implementing land management (unintegrated); (3) there is still a concentration of mastery, ownership, use and land utilization by certain parties; (4) insufficient capacity of district / municipal land office human resources and lack of community participation in controlling land use and utilization; and (5) the low level of land services performance, the lack of proper land administration, the slow process of land certification and much uncertificated land. The Solution is Strategic Thinking on Land Management:
a. Reform of Legislation should be immediately compiled and completed, and must be integrated with the mineral and energy natural resources arrangement, and should be in sync with the Regional Autonomy Law on Regional Government and Village Law.
b. Improving Public Access in mastery, ownership, use and land utilization fairly, can be achieved by the application of land rights principle.
c. Development of Land Institutional, need to improve the performance of land officeinstitutions through organizational structuring and working relationships, so, work relations and inter-department functions run harmoniously. The main activities of this program should be able to create: (1) structuring and stabilizing the institutional structure and land management, especially those that can increase the institutional credibility to be free of corruption, collusion and nepotism, to support the realization of good governance; (2) to develop institutional working relationships within the district / municipal Land Office horizontally and vertically as well as between the district / municipal Land Office and the community; (3) carry out institutional evaluations which is developed in the context of adjustments to support national policy interests in more comprehensive framework; (4) increase the institutional capacity of the Land Office (more effective and efficient if it can cooperate and integrate with local government by implementing land pre-registration system at village / urban village); and (5) establishing the working standards on each unit of the land office and minimum service standards (should involve local governments, in order to integrate public services in the land sector, especially establishment of land pre-registration systems at the village / urban village).
d. Increased land registration is a land registration system that has accountability and ensures legal certainty. Need to change land registration stelsel system from negative publicity stelsel (positive element) to progressive publicitystelsel. Initial steps require to be held immediately on mapping and inventory in mastery, use, and land utilization (P4T). It should be underlined in the rules of implementing the land registration system about "accuracy principles" and should arrange the concept of land pre-registration system at the village / urban village immediately, in each region (need to coordinate with local government), in accordance with Law number 23 year 2014 and Law number 6 year 2014.
e. Development of Land Use, it is necessary to coordinate and synchronize with policy formulation, framing and integration of land use program cross-sectoralwithin the National Agrarian Development and Management Policy Board.
f. Development of Land Based Information System, is impossible if it doesn’t not built a new system based on modern technology. So government should do and should not be delayed is the development and management of land public services by on line system. Land should be able to open the widest possible information about mastery, ownership, use, and land utilization (P4T).
g. Conflict and land dispute resolution, can only be resolved by the amendment and revamping of land right registration system: 1) system changes from negative publicity stelsel (positive element) to progressive publicity stelsel, 2) application of land pre-registration system at the village / urban village, responsively by accommodating customary law system growing and developing at MHA (local wisdom), 3 ) every village / urban village under the coordination of the local district and municipality/city Land Office needs to be established a mediation institution (need to be developed concept about communityand Land Office partnership forum as Alternative Dispute Resolution in Land Dispute Resolution).
h. The development of the Land Taxation System, especially the tax on land and building acquisition fees (BPHTB), received directly by the local government, is appropriate but in relation to land use, it is necessary to review about the clarity of tax implementation in national agricultural development and management. Land rights taxes have not been properly targeted and appropriate, because of the absence of an integrative arrangement between the Land Office and the local government. The implementation of the land taxation system is not well coordinated (there is no clarity of
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178 implementation rules) so it is not transparent, arising because of sectoral ego, which is emerged because each department or institution guided by its own rules.i. Protection of people rights on land, is still pseudo, marked by the emergence of the regional regulation about recognition and protection of indigenous people rightswhich became the legal umbrella of the existence of Indigenous People (MHA). The existence of the local regulation actually clashed with the law or other regulations about land, natural resources, minerals and energy.
3. Strategic Issue of Land Registration System &Strategic Thinking of Development Program on Land RightPre-Registration System to Agrarian Reform
The strategic issue of the land registration system is in the "Agrarian Reform" issue, which hasn’t yet to get a point. The government seems not to side with the people (small peasants), but instead uses people right to serve the ruler interests and the capital owners.
Suharto transformed populist Agrarian strategy (the Soekarno concept), into capitalist agrarian politics, through a development ideology closely linked to world capitalism. The era of President Soekarno, "Agrarian Reform" is the foundation for the development of the universe in Indonesia, which is preparing a socialist society based on Pancasila. In addition, Sukarno believes that the Agrarian Reform will provide justice and prosperity for the people of Indonesia which the majority are farmers. On September 24, 1960, the Basic Agrarian Law (UUPA) was adopted, with the goal of creating the prosperity of the Indonesian people through the Agrarian Reform.
President Jokowi-JK must dare to make major changes to the Ministry of Agrarian, which is no longer in line with other ministries but the Ministry of Agrarian should be same level to the coordinating ministry, which is not only on the land affairs but also will be comprehensive in one roof with natural resources, mineral and energy. The second step is the Ministry of Agrarian must dare to do rule breaking on land registration system that is no longer relevant in Indonesia. Negative publicity stelsel (positive element) is no longer worth defending, because it is the source of problems and land conflicts in the country.
Land law policy on choice of Negative Publicity Stelsel (positive element), has many weaknesses, they are: 1) the deviation of land registration principles, 2) the absence of good oversight, 3) the absence of accuracy of certified products, 4) the absence of accountability for certified products, 5) inadequate standardization of bureaucracy and data base, at pre-registration and registration level, 6) long process to overcome the land cases, 7) the absence of legal certainty to holders of land title certificates; 8) no independent settlement of land offices against land cases; 9) there is no legal relations balance value between stakeholders (the community) with the government (Land office), 10) deviations from the right to social function land, 11) mastery and possession of land over limit, 12) provision of HGB / HGU / HP which is not match with the period of time, and its designation.
The causes that affect the value of social justice in use, mastery, ownership and land right utilization doesn’t realization yet, they are: 1) Internal factors is unequal land distribution and more dominated by state and private entrepreneurs (through the granting of HPL and HPH), the weakness of supervision over land stewardship, land tenure office performance on land management and stewardship is not maximal due to authority overlapping, - the dispute settlement institution in the land office which is mediated but not yet firmly regulated and does not have a clear concept and does not yet have a strong legal umbrella. 2) External Factors is - pressure from personal social forces, both economically and politically, authority overlapping of land right mastery by and among departments, insensitive state in taking choice of land law policy, - negative effects of regional autonomy.
The impact of land law policy choice on negative publicitystelsel (positive element), are: 1) the emergence of social inequality, 2) high land management fees and rigid processes, 3) land dispute settlement time-consuming, inefficient and ineffective, 4) mastery, ownership, use and land utilization, inconvenient and secure for landlord, 5) land use is incompatible with the mapping, resulting in reduced employment so it effects in structural impoverishment, 6) land mapping is not working properly, resulting in a mixed land arrangement, inconsistent with its designation, 7) it does not produce accurate certificate and there is no legal guarantee of the land, 8) the emergence of land monopoly (overlapping land mastery and it does not pay attention on community interests that result in social inequality), 9) unfulfilled standardization of data base bureaucracy at both the pre-registration and registration process, 10) land conflicts become quite high, unable to be solved systemically.
The construction of land law policy on progressive publicity stelsel starts from culture construction that is mental and professional performance improvement, state and government officials, also human resources to implement bureaucratic system and public service of land office, Notary-PPAT, sub-districts and urban village officials. Mental construction occurs because it is formed by a state policy system that is leaning towards liberalist / capitalist ideology. Culture construction (mental) can be started since the recruitment of Land Office officials / officers, sub district officials / officers, urban village officials / officers, and the appointment of Notary-PPAT. The bureaucratic culture of the land office is slow, convoluted, inefficient and prone to rigidity, due to the strong system of feudalism and the herarchyrational bureaucracy system that develops in transitional societies, the bureaucratic culture that occurs tends to lead to the traditional
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179 bureaucratic cultural concept with the strong influence of the system modern bureaucracy. So it needs a comprehensive construction of the land registration system, the bureaucracy's structure that puts more emphasis on an egalitarian rational bureaucracy, therefore it requires a thorough mental revolution in the ATR ministry's including stake holders and related institutions.Second, construction of the institutional structure arrangement, among departments to HAT, so,structurally the arrangement of land does not occur overlap between agencies or departments. The existence of administrative arrangement (data base) on the bureaucratic system and public services in accordance with modern bureaucracy standards. There is more focused supervisory function in the process of land registration, from pre-registration to registration process on the implementation of bureaucracy system and public service of Land Office and Notary-PPAT and at sub-district and urban village level, and substantially there is responsibility on physical data and juridical data certified products.
Third, substantive constructions is legal principles implementation of land right registration system must be realized include simple principle, safe, affordable, current and open and should be emphasized to basic land rights principle, and accuracy principle. The implementation substance of land right registration is carried out systematically (mature planning and stipulation by the Minister of Agrarian) and sporadically (on the request of an individual or legal entity carried out by the head of the Local Land Office).
The implementation of HAT registration according to progressive publicity stelsel, is can be interpreted with terms and conditions apply, it is fulfill the elements of implementation and implementation of the law, they are: Law Justice, Law Certainty and Law Utilization. Fulfill the justice principle and social justice, that is, the law must be effective, efficient and economical and achieve substantive justice, both individually and communally. Fulfill substantive justice principle (legal protection for HAT holders: security, health, safety and comfort / happiness). Affirmation of land rights accuracy principles, has aim to ensure the accountability of bureaucratic performance and public service of Land Office.
Recommendation from the result of this research is land law policy in land registration system in implementation of negative publicity stelsel (positive element) in bureaucratic system and public service of land office, does not supported by correcting of substance, structure and good culture, and the result of research is recommended as follows :
a. The State and all components in charge of land affairs shall immediately conduct "Agrarian Reform" by reconstructing the culture (mental) started from the recruitment of Land Office officials / officers, sub district officials / officers and urban village officials / officers, and appointment of Notary-PPAT and do reconstruction land law policy in the choice of an ideal publicity stelsel (progressive publicity stelsel) in the land registration system to support the rule of law in the bureaucratic system and public service of the Land Office, so it can provide legal certainty, legal justice and legal benefit to the mastery, ownership, use and utilization of HAT .
b. The House of Representativeand President must immediately arrange the institutional structure, between departments and HAT, so that structural arrangement of land does not occur overlap between agencies or departments. The House of Representative and the President must expressly authorize to the Minister of Agrarian for the arrangement and management of all agribusiness affairs. The House of Representatives and the President is expected to form a legal umbrella and at the same time make the policy of forming an ad-hoc judge to settle land dispute cases in the Land Office itself, especially related to the settlement of land disputes with a penal mediation model through ADR agency which will be established at land right pre-registration.
c. Legislative Institutions with the Government and Stakeholders as well as community support jointly do the reconstruction of land law policy, on structuring the structure, substance and culture of the bureaucratic system and public service of the Land Office. The results of the study provide findings and analysis to know, identify, describe, and explain the various concepts of building a bureaucratic system and land public service, synchronized (with technology progress, to firmly recommend to the government that the Land Office is obliged and must dare immediately doing / implementing/applying public services with the concept of on-line service system on land registration system) and harmony with Indonesian legal culture (integrated with local government), so in the formulation of policies and legislation in the land field, will be able to guarantee certainty and legal protection. Especially in the form of land law policy reconstruction on bureaucratic system and public service of Land Office; including there is needed the reconstruction of land law policy, in addition to accuracy principle and basic land right principle (while respecting the strengthening of people's rights and social functions of the HAT including the rights of indigenous and tribal peoples to land rights), it is necessary to thoroughly reform the data base as a standardized form of land bureaucracy both on pre-registration of HAT, implementation of HAT registration, as well as clarity of accountability form in HAT post-registration, with improvement on more responsive control system.
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180 ClosingThe next government must dare to do the rule breaking of the overall land system arrangement, with realization the real of agrarian arrangement, and is designed in the land law policy covering the fundamental aspect (General Framework of Agrarian Policy &National Spatial Planning) that is the principle of fulfillment of rights constitutional people in order to fulfill everyday needs and appreciate the principle of human equality. The most important of land systemic reform is generally the Agrarian Reform (proclaimed by Sukarno) must be implemented; Land Office does not only return to the Ministry of Agrarian (Agrarian &
Spatial Planning), but it must be with the policies breakthrough of agrarian and natural resources for the achievement of the people's welfare, with the autonomy of the land and integrate with the regulation of natural resources, minerals and energy; it needs comprehensive system change, including the application of progressive publicity stelsel, land pre-registration system, the determination of accuracy principle and basic land rightsprinciple, the implementation of on line system in all land fields, the establishment of mediation institutions (ADR) at the village level and ad hoc judges at the MA level.