Wiwin Istiningrum,* Dr. M. Arba, SH., M.Hum,** Dr. Widodo Dwi Putro, SH., M.Hum***Postgraduate program Legal Study and Notaries, Mataram University, Indonesia **Lecture of Law Faculty Mataram University, Indonesia
Email correspondence: [email protected]
Abstract: One of the land reform programs is the absentee prohibition of agricultural land.
However, in reality there are still many people who have absentee farmland in Tanjung Sub- district of North Lombok, so in practice the regulation on the prohibition of absentee farming cannot be applied effectively. This study aims to find out why the ownership of agricultural land in absentee is prohibited.
This study uses a social-legal method of research that emphasizes the behavior of individuals or communities in relation to the law. All primary and secondary data are classified with issues relevant to the problem and then analyzed qualitatively descriptively.
The result of research on the prohibition of farm ownership in the absentee philosophically that the agricultural land must be owned by the people who reside in the Tanjung sub district and the land must be used and used for agriculture, so that it can improve the welfare of farmers, farmers and farm laborers in the district of Tanjung. The legal basis for the prohibition of absentee/guntai landholding is Article 10 of the Basic Agrarian Law (UUPA), in this article is contained a principle requiring the owners of agricultural land to actively work or cultivate farmland. As the implementer of Article 10 of the BAL is the Government Regulation (PP) No 224 of 1961 concerning the implementation of land distribution and compensation and Government Regulation No. 41 of 1964 concerning the amendment and addition of Government Regulation No. 224 of 1961 on the implementation of the division land and compensation.
Sociological Foundation, Although the ownership of farm land in absentee is prohibited but in fact in sub-district there are many people who own agricultural land but live outside the district of Tanjung Tanjung and some live outside the province. Likewise, the economic situation of the people after selling their agricultural land does not get better than before and even decreased.
Keywords: Prohibition, Ownership, Land, Absentee
0 INTRODUCTION
Indonesia already has a special provision that regulates the land that is Law No. 5 of 1960 on the Basic Regulation of Agrarian Principles, commonly called UUPA, which came into effect since September 24, 1960.
Legal Implication of Agricultural Land Ownership by Absentee in Sub-District of Tanjung Regency of North Lombok
One important legal aspect with the enactment of the Basic Agrarian Law (UUPA) is the proclamation of "Landreform Program" which is the core of Agrarian Reform. Generally, landreform aims to enhance the standard of living and income of farmers, as the foundation of economic development towards a just and prosperous society based on Pancasila.
One of the land reform programs is the absentee prohibition of agricultural land holding, which rests on the basic law of the Basic Agrarian Law (UUPA) Article 10. The principle contained in Article 10 paragraphs (1) and (2) is a principle which obliges the land owner must work on or actively cultivate the farmland. As a step towards the implementation of the principle, a provision for the abolition of agricultural land in what is called the "absentee" or in Sundanese
"guntai", is the possession of the land which is located outside the area of residence.
The prohibition of absentee farm ownership when viewed from the current conditions is still in accordance with the needs of the community, with the development of transportation and communication tools that can facilitate the land owners to work the land actively and efficiently without the need for a long time even though the land is located far from the place stay. In addition to the development of transportation and communication tools, now also occurs the development of tools and mechanisms in processing in agriculture.
Now the processing of agricultural land is not like the old days. Farmers used to rely more on farming. But at this time has found many tools for agricultural land cultivation using engine power so that productivity will be higher and also the process of soil will certainly be faster than using human power alone.
In Tanjung Sub District, which is the capital of North Lombok Regency, the ownership of agricultural land in absentee is still ongoing because North Lombok regency is an expanding regency, let alone Tanjung District is the center of government so that the future development of all sectors, industry, tourism, agriculture will be prioritized in Tanjung . Besides, the facilities of public facilities that continue to be built include the access road, making transportation easy to enter in Tanjung. Seeing this condition many people who have more capital to buy agricultural land and used as an investment tool. Whereas before the division it occurred the price of land in Tanjung District is very cheap and does not have the selling power.
The land itself should not be the object of investment solely. Even if there is a possibility that the land has the right to gain from the increase in land prices, due to development carried out by the government or other parties.
From the above background then the problem is why is the absentee farm ownership prohibited?
DISCUSSION
2.1 Understanding of absentee land
According to the English dictionary, Absentee is absent or absent in its place, or landlord is the non-resident landowner, landlord who resides in another place.1 Land absentee is land located outside the area of residence that owns the land.2 In other words the absentee ground is a land that is located far from the owner.
There are several essences which are the provisions of the absentee, among others:3
John M. Echols and Hasan Sadily, Kamus Inggris-Indonesia, Gramedia, Jakarta,1996, p. 3 Boedi Harsono,Op.cit, p. 385
Parlindungan, Pendaftaran Tanah di Indonesia, Mandar Madju, Bandung, 1999, p. 123
Legal Implication of Agricultural Land Ownership by Absentee in Sub-District of Tanjung Regency of North Lombok
0 Farms shall be actively waged or actively undertaken.
1 Owners of agricultural land are obliged to reside in the sub district where the land is located.
2 Owners of agricultural land residing outside the sub-districts where the land is located, shall transfer the right to their land or move to the sub-district of the location of the land.
3 It is prohibited to transfer or transfer the right to agricultural land to a person or legal entity residing or domiciled outside the sub district where the land is located.
Absentee farm ownership is prohibited, it is related to the validity of the principle of agricultural land must be done actively by its own owner by preventing ways that extortion as contained in Article 10 UUPA. The intention of actively working on their own is that those who own or control the agricultural land do not have to work on or cultivate their land with their own strength, but can ask for help to the peasants by paying a decent wage or using other means of production, such as rakes, tractors.
In order to realize the principles contained in article 10 of UUPA, there are provisions on the maximum or minimum limit of land ownership in order to avoid concentration of land ownership in the hands of capable groups.4
2.2 The purpose and objective of the prohibition of absentee agricultural land ownership In general, farmland is found in rural areas, while many people who own land in absentee/guntai generally reside in the city. People who live in cities have farmland in the village certainly not in line with the principle of agricultural land for farmers. People who live in the city obviously not belong to the category of farmers. The objective of prohibiting the absentee / guntai agricultural land ownership is that the results obtained from the cultivation of agricultural land can be largely enjoyed by those who do not live in the village.
According to Boedi Harsono, the objective of this prohibition is that the proceeds obtained from the land concession are mostly enjoyed by the rural community where the land is concerned, since the landowner will reside in the producing area.5
The absentee/baggage of this agricultural land, resulting in inefficient cultivation, such as the implementation, control, transportation of the results, may also lead to exploitation systems.
This means that the peasants of the land belong to another person with all their might, responsibility and risk, but only accept part of the results they manage. On the other hand, landowners who are far from the land and do not work their land without taking any risks and without sweating will get a larger share of the land. Therefore, it is not in accordance with the objective of land reform in Indonesia that is to increase the income and living standard of the farmers of the land and as a foundation or requirement to conduct economic development towards a just and prosperous society based on Pancasila.6
2.3 Exclusion of prohibition of agricultural land ownership in absentee
Persons excluded from the prohibition of absentee farmland are the following:7
0Urip Santoso, Perolehan Hak Atas Tanah, Prenada Media Group, Surabaya,2015, .10
1 Boedi Harsono, Op.cit, p. 385
2Effendi Perangin, Hukum Agraria di Indonesia, Suatu Telaah dari Sudut Pandang Praktisi Hukum,CV. Rajawali, Jakarta 1986, p. 122
3
Legal Implication of Agricultural Land Ownership by Absentee in Sub-District of Tanjung Regency of North Lombok
5888 Those domiciled in the sub-districts adjacent to the sub-district where land is located by the district/municipality land reform consideration committee still enabled the efficient cultivation of the land and the land it has owned since before the enactment of PP No.224 of 1961.
5889 Civil Servants and members of the TNI and others who are likened to them.
5890 Those who are performing religious duties
5891 Those who have other special reasons received Widows of civil servants and retired civil servants widows as long as they do not marry a non-government employee or a retired civil servant.
Based on Government Regulation no. 4 Year 1977 on Absentee Land Ownership For Retired State Employees provides for the exception of civil servants, the provisions of exceptions concerning the ownership of agricultural land applicable to public servants apply also to retired civil servants. Such ownership may be transmitted after retirement , if he then moves to the sub- district of the land concerned, by itself the ownership may be increased to the maximum extent.
With the exception of a civil servant within 2 years of retirement is allowed to purchase agricultural land in absentee to the limit of 2/5 maximum area for the regency/municipal area of the land concerned. In this exemption also includes ownership by the wife and children who are still dependent. But at any time a civil servant or equivalent of them ceases to perform the duties of the State, such as obtaining a pension, then he shall comply with the provisions within one year from the end of his duties. The period may be extended by the Minister of Agrarian Affairs if there is a reasonable reason.
2.4 The philosophical, juridical and sociological basis of the prohibition of absentee farmland
2.4.1 Philosophical Ground
That the land must be owned by a person residing in the Tanjung sub district and the land should be used and used for agriculture. If the land is used in accordance with the conditions then the land will remain productive, will not experience a decline in the quality of fertility, so beneficial to the welfare and happiness of farmers, farmers and farm laborers in the District Tanjung.
The soil works for the welfare of human life so that the land should be used to improve the prosperity of the people. That is why ignoring the obligation to use, properly manage, is an act of violation of social functions and the neglect of the philosophy of the land (the land is not justified not managed).
The significance of land can be seen in Article 33 paragraph (3) of the 1945 Constitution which states:
"The earth, the water and the natural wealth contained therein are controlled by the state and used for the greatest prosperity of the people."
The above provision explains that the land as a place of business, which is part of the earth's surface should be utilized as much as possible for the welfare of the people.
Philosophically, the prohibition of absenteeism of agricultural land is a legal protection against the interests of farmers who are relatively weak when dealing with the owners of capital who see the land as a factor of production alone. Land is an important resource for the
Legal Implication of Agricultural Land Ownership by Absentee in Sub-District of Tanjung Regency of North Lombok
community, especially farmers. Farmers need agricultural land as a means of enhancing agricultural production and survival efforts.
Farmland is very important value in a nation because as one of the support of food security in a country. Land is also one of the factors of production that is vital to human life and the development of a nation. Because of the importance of agricultural land, so that the agricultural land needs to be set in order not to be controlled massively by some parties only.
Therefore, the government needs to make arrangements through Land reform.
The implementation of land reform is an unavoidable necessity and necessity in order to bring about social justice and for the utmost utilization of the land for mutual prosperity. The programs of the land reform are:8
0 Limitation on the maximum area of land tenure;
1 Prohibition of absentee land ownership (cunt);
2 Redistribution of the remaining lands to the maximum extent, lands exposed to absentee restrictions, lands former self-government and state lands;
3 Arrangement on the return and redemption of pawned agricultural lands;
4 Rearrangement of production sharing agreements;
5 Determination of minimum area of agricultural land ownership with the prohibition to perform acts that result in the split of the ownership of agricultural lands becomes the parts that are too small.
2.4.2 Juridical Foundation
Judicially, the legal basis for the prohibition of absentee / guntai land ownership has been set forth in Article 3 of Government Regulation No. 224/1961 on the implementation of land distribution and compensation and Government Regulation No. 41 of 1964 concerning amendments and additional government regulation No. 224/1961 implementation of land distribution and compensation (additional Article 3a s / d 3e). These two Government Regulations are the implementing rules of the provisions stipulated in Article 10 of the BAL, which aims to prevent the occurrence of extortion systems conducted on weak economic groups.
In Article 10 of the UUPA it has been argued that those who own agricultural land are obliged to do or actively work on it themselves, so that then the provision to eliminate the agricultural authorities in what is called absentee / guntai is the ownership of land located outside the district of the landowner's residence.
Basically it is prohibited to own land outside the sub-district where the land is located.
The prohibition does not apply to owners who reside in the sub-districts adjacent to the sub- district where the land is concerned, provided the distance from which the landlord and his land still enable him to work the land efficiently.
Considering that the objective provisions of Article 10 of this UUP are related to the public interest, then the juridical provisions of this article include the provisions of the law of force or "Dwingend Recht".
According to the provisions of Article 3 of Government Regulation No. 224 of 1961, it states that:
Paragraph (1)
8
Legal Implication of Agricultural Land Ownership by Absentee in Sub-District of Tanjung Regency of North Lombok
Owners of agricultural land residing outside the sub-district where the land is located, within a period of 6 months shall transfer the rights to the land to another in the sub-district where the land is located or move to the sub-district of the land.
Paragraph (2)
The obligations under subsection (1) shall not apply to landowners who reside in the sub-districts adjacent to the sub-district of the land, if the distance between their residence and land is still possible to work the land efficiently.
Paragraph (3)
Without prejudice to the provisions of paragraph (2) of this article, if the landowner moves to or leaves his residence outside the sub-district where the land is located for 2 consecutive years, he shall transfer the ownership of his land to another resident in the sub-district that.
Paragraph (4)
The provisions of paragraphs (1) and (3) shall not apply to those who perform the duties of the State, perform their religious duties or have other special reasons that the Minister of Agrarian may accept. For State employees and Military Officials and performing the duties of the State, the exceptions referred to in this paragraph are limited to the ownership of agricultural land up to 2/5 of the maximum area specified for the area concerned pursuant to Law No.56 of 1960
Paragraph (5)
If the obligations under paragraphs (1) and (3) are not met then the land concerned is taken by the Government.
The period of transfer of title to the agricultural land referred to in that article needs to be limited so that the owner of the land concerned shall not take time in his attempt to transfer his property. If such obligations are not exercised or there is a breach of such a prohibition then the relevant land will be taken over by the Government for ease of distribution to the local community, and to the former owner to be given compensation under applicable regulations.
The compensation is provided for in Article 6 and Article 7 of Government Regulation Number 224 of 1961. So anyone in connection with the issue of absentee / guntai land ownership shall be subject to such Government Regulation. Furthermore, in Article 19 of Government Regulation No. 224/1961, criminal sanctions are imposed on landowners who refuse or deliberately prevent the taking of land by the government.
2.4.3 Sociological Foundation
The fact that there are in the field, in Tanjung sub-district is still found many people who have farmland in absentee, then automatically the owner does not live in Tanjung District even there are also living in other provinces. Because the farm is an absentee, the owner does not work on his own farm, but the worker is the people or his own family who live in Tanjung Sub- district. So that the cultivation of agricultural land is not intensively done by landowners. This is contrary to the principle of social justice.
0 CONCLUSION
Land absentee is land located outside the area of residence that owns the land. The objective of the prohibition of absentee farming is that the results obtained from the agricultural land cultivation are mostly enjoyed by the people who live in Tanjung Sub