Sociological
Rational Policies to Overcome Land Traumatics
Aristiono�Nugroho
National Land College, Yogyakarta, Indonesia
Email: [email protected]
Corresponding Author: Aristiono Nugroho
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Abstract |
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Land trauma, Sociological
rational policy, Land rights certification program |
The community and the
Polorejo Village Government in 2008 experienced land trauma, so they rejected
the land rights certification program offered by the Ponorogo Regency Land
Office, from 2008 to 2013. This phenomenon is interesting to research, using
qualitative research methods, accompanied by a rationalistic approach. The
number of informants was 13 people, who were selected purposively. The data
consisted of: (1) Primary data, obtained from the results of interviews with
informants; (2) Secondary data, in the form of population data of Polorejo
Village. Meanwhile, data analysis is carried out by utilizing Qualitative
Analysis Techniques. The results of the study show that land trauma in the
community and the Polorejo Village Government was then responded by the Head
of the Ponorogo Regency Land Office in 2014, by issuing a sociological
rational policy. The operationalization of this policy includes: (1) the
formation of community groups, (2) the implementation of a mass and self-help
land rights certification program, (3) the implementation of the national
agrarian program, and (4) the complete systematic land registration program.
In the end, this policy succeeded in having a positive impact on the
community and the Polorejo Village Government in the form of the loss of land
trauma.
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1 Introduction
In
2008, the people of Polorejo Village experienced an
unpleasant incident in land activities, which then caused trauma related to the
land certification process. At that time, the people of Polorejo Village failed
to carry out a mass land rights certification program that they initiated
themselves, with the help of someone they trusted to carry out the program.
However, the person did not carry out his duties properly, so that information
about the certification program and community land files did not arrive at the
Ponorogo Regency Land Office (Santoso, 2009; Pramono,
2010; Nugroho, 2011).
According
to Octaviani (2022:33), the state actually provides
legal protection to land rights owners through regulations that guarantee the
legality of land ownership. Land registration aims to provide protection for
land rights owners and ensure that land that has been registered cannot be
legally sued by other parties after a certain period has passed (Supardi, 2012;
Mulyana, 2015). In recent years, other research on land issues and land
certification has also highlighted the importance of the government's role in
providing legal certainty and protection of community property rights. For
example, Kurniawan (2018) highlights the importance of transparency and trust
in the implementation of land certification programs, especially in rural areas
that are vulnerable to fraud or abuse of authority. Kurniawan found that public
trust in government programs in the land sector is greatly influenced by bad
past experiences, which can affect public participation in programs offered by
the government (Setiawan, 2017; Fitriani, 2016).
Another
study conducted by Yuliana (2019) emphasized that public access to accurate
information related to land certification programs can strengthen the
community's position in claiming their land rights. Yuliana suggested the need
for direct involvement from the Land Office in socializing certification
programs to avoid the risk of intermediary involvement that has the potential
to harm the community (Iskandar, 2018; Supriyadi, 2019). In addition, Rachman
(2020) also highlighted that public distrust of the government is often
triggered by the lack of education carried out by related parties regarding
land rights (Widodo, 2019).
Research
by Wulandari (2021) shows that traumatic events, such as those experienced by
the people of Polorejo Village, often affect people's attitudes towards
government programs, including land certification programs. He noted that this
traumatic event can cause community resistance to programs aimed at improving
the same situation (Rahmawati, 2019; Firmansyah, 2021). In a broader context,
this study offers a unique contribution in understanding the impact of past bad
experiences on the trust of the people of Polorejo Village in future land
certification programs (Arifin, 2022).
There
are not many studies that specifically highlight how land-related traumatic
events can create resistance to government efforts to improve land problems.
This research fills this gap by exploring the factors that cause communities to
become passive or even reject land programs, as well as their long-term impact
on the development process involving land registration. Thus, this research can
be an important reference for the formulation of land policies that are more
adaptive and responsive to the needs of communities that have experienced
similar obstacles (Sari, 2022; Rahmawati, 2022).
In
the mass land rights certification program in Polorejo Village, the community
blamed the Ponorogo Regency Land Office, even though the Ponorogo Regency Land
Office was not aware of the existence of this mass land certification program.
In addition, community land files or papers did not arrive at the Ponorogo
Regency Land Office (Handoko, 2020; Permana, 2021). This situation has led to
the passivity and rejection of the people of Polorejo Village towards various
land programs offered by the Ponorogo Regency Land Office, from 2008 to 2013
(Yulianto, 2021; Kusuma, 2022; Wicaksono, 2023). This situation was then
responded to by the Head of the Ponorogo Regency Land Office in 2014. The
response was in the form of a policy, which was intended to overcome the land
trauma of the Polorejo Village community. This policy is rational and
sociological, which is carried out gradually, until finally the people of
Polorejo Village are willing to give a positive response to the land program
offered by the Ponorogo Regency Land Office.
The
benefits of this research are expected to provide insight for the government,
especially the Land Office, in designing a land certification program that is
more responsive to the needs and beliefs of the community, especially those who
have experienced land-related traumatic events. In addition, this research is
expected to be a reference for policy makers to develop more effective
communication and socialization strategies, in order to increase community
participation in land programs. At the academic level, this research can enrich
the literature on land problems in Indonesia, especially related to the impact
of past experiences on people's attitudes and participation in government
programs, so as to be able to contribute to the study of public policy and
agrarian law.
2 Methods and
Materials
A. Research
Format
The
participatory paradigm is the main format of this research, as a form of
appreciation for the community. The research is conducted by positioning the
researcher with the researched party on an equal condition or subject-subject
relationship, especially in terms of data collection and decision-making.
Action and reflection are important stages of this research. The researched
party participates in the emancipation frame, so that the data is in accordance
with the real conditions. Research that uses a participatory paradigm has the tagline "research with people",
and is classified as a Qualitative Research Method (Nugroho, 2020:6).
This
research is classified as a type of qualitative research, which focuses on the
uniqueness of existing phenomena, using scientific logic (Nugroho, 2020:52).
Meanwhile, the Rationalistic Approach is used in this study, because it is a
research approach built on Rational Philosophy, which states that science comes
from intellectual understanding that is able to be constructed through the
ability to argue logically (Nugroho, 2020:54). Qualitative Research with a
Rationalistic Approach in this study provides an opportunity for researchers to
obtain qualitative data from informants (Nugroho, 2020:63).
B. Research
Location
This
research is located in Polorejo Village, Babadan District, Ponorogo Regency,
which has experienced trauma in the land sector in 2008. This trauma caused the
community and the Polorejo Village Government to reject various land programs,
offered by the Ponorogo Regency Land Office, from 2008 to 2013. As is known, in
2008 the people of Polorejo Village experienced a mass failure of land rights
certification, thus causing land trauma.
C. Operationalization
of Research
1)
Determination of Informants
The
determination of the research subject is carried out by paying attention to the
issue or phenomenon being studied (Nugroho, 2020:57). The subjects of this
study consist of: (1) Head of the Ponorogo Regency Land Office; (2) Staff of
the Ponorogo Regency Land Office; (3) Head of Polorejo Village; (4) Secretary
of Polorejo Village; and (5) Leaders and community members of Polorejo Village.
Meanwhile, in this study, the informants were determined by paying attention to
the meaning, that the informants consisted of research subjects who had the
opportunity to provide information (Nugroho, 2020:59). Therefore, the
informants in this study are individuals (individuals) who are able and willing
to provide information about sociological rational policies to overcome land traumatics in Polorejo Village.
The
number of informants in this study is situational and conditional, because the
number of informants is not binding, because this number is determined by the
necessary information considerations. If there is no more information needed,
then the extraction of information from the next informant can be stopped
(Nugroho, 2020:59-61). This study finally obtained information from 13
informants, who were selected purposively,
so that researchers could obtain accurate information cumulatively from the
right people (Nugroho, 2020:61).
a. Research
Results Data
Based
on the source, the data obtained in this study consists of primary data and
secondary data (Nugroho, 2020:63). Primary data was obtained from the results
of interviews with informants, whose substance was listed in the interview guide, while secondary data was obtained
from public documents, which came from the Ponorogo Regency Land Office (in the
form of land program data) and the Polorejo Village Government (in the form of
population statistical data).
b. Data
Collection Techniques and Instruments
Primary
data collection from informants was carried out by utilizing interview
techniques, as well as utilizing�
interview guide instruments
and recording tools (Nugroho, 2020:65). Meanwhile, the collection of secondary
data from the Ponorogo Regency Land Office and the Polorejo Village Government
was carried out using documentation techniques, and using instruments in the
form of recording tools.
c. Data
Analysis Techniques
The
data of this study was analyzed using a Qualitative Analysis Technique, called "Thematic Analysis", with the
following stages: (1) Preliminary Review of All Data, by carefully collecting
data, sourced from informants and supported by secondary data, whose material
is relevant to the research question; (2) Data Reduction and Abstraction, by
deleting some data that is relevant but not necessary in compiling
abstractions; (3) Preparation of the Smallest Unit of Information, by arranging
data abstractions in the smallest units of information that contain meaning,
and can stand alone. These units of information must have meanings related to
the research question, whose existence of meanings does not depend on the
existence of other meanings. To be precise, when this meaning is expressed
singly, then this meaning can be understood; (4) Grouping of the Smallest Unit
of Information, by grouping the smallest units of information that have been
successfully obtained from the research into categories, which are arranged
based on the substance related to the research question; (5) Preparation of
Propositional Statements, by compiling logical statements, obtained from each
category. This proportional statement is an answer to a research question,
which is also an explanation of the phenomenon being studied (Nugroho,
2020:66-69).
3 Results and
Discussion
A.
Sociological Rational Policy
1) Rational
Policy
Banha
(2022:541) states that at the decision-making stage in policy formulation, a
political process applies, when an action taken is officially approved, through
the selection of a solution among a set of things proposed as alternatives. At
that time, there is a transition from setting the agenda to making decisions,
which actually occurs a process of moving from one stage to the next in policy
formulation. The decisions made at this stage have a direct impact on the type
of policy to be made, which appears to be a moment of dialogue between
intention and action. In contrast to the previous one, at this stage
(decision-making during policy formulation) the number of people involved in
decision-making narrows to include only people who are close to power and have
formal authority to make binding public decisions.
Based
on Banha's explanation (2022:541), it is known that there is an opportunity for
decision-makers to consider rational aspects in their policy formulation.
Therefore, Agarwal (2022:1995) stated that in the Rational Choice Theory, the
attitude of individuals when facing decision-making situations in formulating
policies is explained, namely recognizing the alternative choices that are
being made, then identifying possible replacements and acknowledging the
consequences of these substitutions. These components are based on the spirit
of rationality, which is driven by the interests that the individual is
fighting for.�
Rational
policies are needed to overcome the trauma of the people of Polorejo Village,
when they carry out land registration. Meanwhile, it is known that land
registration is an important process in striving for the community to receive
guarantees of legal certainty and protection of land rights. However, the land
registration process has caused trauma and uncertainty for the people of
Polorejo Village in 2008. This is what prompted the Ponorogo Regency Land
Office to issue a rational policy that is able to overcome this problem by
considering various related aspects.
One
of the main aspects considered is accessibility, especially in rural areas,
when rural communities face difficulties in accessing information and
procedures related to land registration. Rational policies include efforts to
improve information accessibility and facilitate the land registration process
for village communities. This is done through a participatory approach, by
inviting the community to be involved in the important stages of land
registration.
In
addition, this policy takes into account social and cultural aspects,
especially when communities have different systems of land ownership, such as
customary or communal lands, the process of which requires a certain way.
Rational policies consider ways to accommodate these diverse land ownership
systems, while still seeking legal certainty.
Legal
and bureaucratic aspects then become the main concern in rational policies, by
carrying out the land registration process as best as possible. This attitude
is needed to be able to overcome obstacles, especially for people who are
financially disadvantaged. Efforts to simplify procedures, reduce costs, and
increase efficiency in registration management are also carried out by the Ponorogo Regency Land Office.
The
efforts of the land office in simplifying procedures, reducing costs, and
increasing efficiency in the management of land registration are important
steps in improving public services and meeting the needs of the community
related to land ownership. One of the steps taken by the land office is the
application of information technology in the land registration process. By
utilizing an electronic database system, the community can easily access
information related to land ownership. In addition, the use of technology also
allows the land registration process to be faster and more accurate. The
adoption of technology also helps in reducing administrative costs, as it
minimizes the use of paper and manual processes. Thus
the land office can save operational costs, and allocate resources for better
service improvement.
Another
step taken is in the form of simplifying land registration procedures. By
identifying and eliminating unnecessary administrative obstacles, the land
office can strive to make the registration process more efficient and easy to
understand by the public. This can also help in reducing the potential for
corrupt practices or abuse of authority.
Meanwhile,
it is theoretically known that efforts to improve efficiency in land
registration management also face several challenges. One of them is in the
form of resistance to changes from internal and external parties. Some related
parties may feel uncomfortable with the adoption of technology or changes in
procedures made. Therefore, it is important to conduct socialization and
training so that all parties can understand the benefits of these changes.
Change
is something that always happens in life, both in the individual and
organizational sphere. However, change is often met with resistance and
uncertainty, especially when the relevant parties do not understand the
benefits of the change. Therefore, socialization and training play an important
role in trying to make all parties understand and benefit from these changes.
Meanwhile,
it is known that socialization is a process of conveying information and
forming a common understanding about the changes that will occur. During the
socialization, the leaders and leaders communicate effectively about the
reasons behind the change, the goals to be achieved, and the expected positive
impact. Thus, all members of the community or organization have a better
understanding of the change, and feel more motivated to support it.
In
addition to socialization, training also has a crucial role in preparing
individuals or teams to face change. Training can include developing new
skills, increasing understanding of new processes or technologies, as well as
increasing awareness of the changes that are taking place. With comprehensive
training, individuals or community groups are better prepared technically and
mentally to face change.
In
the context of organizations, socialization and training can also increase
effectiveness and efficiency in implementing change. For example, when the
village government transitions to a new management system in terms of land
registration, the right training serves as an instrument in realizing the good
use of the system, so that business processes can run smoothly without
obstacles. In addition to the obvious benefits of preparing individuals or
organizations for change, socialization and training can also reduce resistance
to change.
2) Sociological
Policy
When
the community needs a policy that is in favor of its interests and pays
attention to its interests, then that is when a sociological policy is needed.
This policy is a policy based on a sociological approach, which is an approach
that focuses on public acceptance and participation, especially policies that
are able to solve the problems that are being faced by the community.
Rodriguez
(2022:6) explained that public acceptance and participation are related to the
impact felt by the community, so the policies issued must be related to the
problems faced by the community. Therefore, an approach is needed that pays
attention to the attitude of the community, including the support and
resistance of the community, so that the policies issued are able to benefit
the community.
Sociological
policies are also needed to overcome the trauma of the people of Polorejo
Village, when they carry out land registration. This policy is needed, when the
land registration process raises problems, in the form of the failure of the
mass land rights certification program. Therefore, a sociological approach is
needed that pays attention to the psychological, cultural, and social aspects
of the community.
One
of the sociological policies applied is a participatory approach, when the
community is actively involved in the land registration process, and not only
as an object, but also as a subject who has knowledge and interests related to
their land. Furthermore, the community is involved in the land registration
policy process, in order to help reduce the trauma that arises due to previous
experiences.
In
addition, a restorative justice approach is also carried out so that it can
become the basis for sociological policies in overcoming community trauma in
land registration. Based on a participatory approach, land offices and related
institutions can create mechanisms that enable fair and sustainable resolution
of land-related conflicts. The restorative justice approach encourages
listening to and understanding the traumatic impacts experienced by
communities, as well as seeking to restore relationships damaged by
land-related conflicts.
In
addition, the strengthening of local social and cultural institutions is also
an important part of sociological policies to overcome community trauma in land
registration. By strengthening the role of these institutions, communities feel
more heard and valued in the land registration process, thereby reducing the
level of trauma that may arise.
Land
registration is an important process in maintaining legal certainty and land
ownership rights. However, the land registration process is often a source of
stress and trauma for the community. In this context, strengthening the role of
land registration institutions can be an effective solution in reducing the
level of trauma that arises.
One
of the main reasons why the land registration process can be traumatic is the
lack of clarity and transparency in the process. Many people feel that they are
not heard and appreciated in the land registration process, causing a prolonged
sense of uncertainty and anxiety. By strengthening the role of land
registration institutions, the community can feel more involved and have
greater trust in the process.
One
of the concrete steps that can be taken is to increase the accessibility of
information about the land registration process. Land registration agencies
need to proactively provide clear and easy-to-understand information for the
public, so that they can understand the stages of the process, the rights they
have, and the obligations that must be fulfilled. Thus, the community can feel
more educated and actively involved in the land registration process.
In
addition, it is also important to strengthen the role of government and
non-government institutions in providing assistance and guidance to the
community in the land registration process. Through this approach, the
community can feel supported and heard in facing various obstacles and
challenges that may arise during the land registration process.
Land
registration is a crucial process in recognizing and protecting the right to
land ownership. However, this process is often complex and confusing for
society, especially in developing countries. In the face of these challenges, a
participatory approach exists as a way to actively involve the community in the
land registration process. This approach aims to empower communities, listen to
their needs, and provide the necessary support during this process.
One
of the main benefits of a participatory approach is to provide a sense of
justice and inclusion to society. By involving the community in the land
registration process, they feel heard and valued. It also helps in overcoming
the distrust and uncertainty that the community has felt towards the land
office. By feeling supported, the community tends to be more cooperative and
actively involved in the land registration process.
In
addition, a participatory approach also makes it possible to identify and
overcome obstacles that may be faced by communities in the land registration
process. For example, the community can face obstacles such as high costs, lack
of information, or the complexity of land registration procedures. By engaging
them directly, the authorities can understand these barriers, and work with the
community to find appropriate solutions. Not only that, a participatory
approach can also improve the accuracy and reliability of land registration
data. By involving the community in the process of mapping and collecting land
data, the opportunity for errors or misuse of data can be minimized.
3) Sociological
Rational Policy
Rational
policies and sociological policies are then combined into sociological rational
policies, which are intended to overcome the trauma of the people of Polorejo Village, when they carry out land registration.
This policy is a rational policy based on sociological principles, which pay
attention to the interests and needs of the community in land registration.
SAMHSA
Trauma (2014:9) explains, that in the trauma information approach, everyone at
all levels of the organization or system has a fundamental view of trauma, and
understands how trauma affects individuals, families, groups, organizations,
and communities. Community experiences are understood in the context of
formulating trauma coping strategies, designed to survive difficulties and how
to cope with circumstances.
One
of the important steps in overcoming community trauma in land registration is
to introduce transparent and inclusive activities. This can be done by
involving the community in the land registration process. Community
participation encourages the realization of more accurate and acceptable land
registration by the community and land offices.
In
addition, sociological rational policies also pay attention to the aspect of
social justice. As is known, fair land registration seeks so that people can
own and access land properly. This can be done by providing legal protection
for the community, and providing fair access to the community in the land
registration process.
Furthermore,
sociological rational policies also pay attention to a participatory approach
in the decision-making process related to land registration. The community is
encouraged to be actively involved in the decision-making process related to
land, so that the resulting policies can reflect the needs and interests of the
community directly.
Land-related
decision-making is a very important issue in community development and
environmental protection. Land is a very valuable natural resource, and
land-related decisions have a wide impact on people's lives, the environment,
and the economy. Therefore, community involvement in the decision-making
process related to land is very important, to strive so that the resulting
policies can reflect the needs and interests of the community.
One
of the reasons for community involvement in decision-making related to land is
because land has social, cultural, and economic value for the community. Land
is not only a source of livelihood and livelihood for the community, but also
has very important historical and cultural values. Thus, land-related decisions
should not only be based on technical or economic considerations, but must also
take into account the social and cultural values of the affected communities.
In
addition, community involvement in land-related decision-making can seek to
realize the protection of the rights of the community, especially weak and
marginalized groups, who are vulnerable to change. By involving the community
in the decision-making process related to land, the resulting policies can pay
more attention to the needs and interests of the community directly, so as to
reduce the risk of conflict and injustice in the land sector. Although it is
important to have community involvement in decision-making related to land,
this involvement also needs to be accompanied by efforts to ensure that the
community has adequate knowledge and capacity.
Therefore,
it is important to understand that soil has a very vital role in human life.
Land is a natural resource that supports various aspects of life, including
agriculture, settlements, industry, and the environment. Thus, land-related
decisions not only have an impact on certain individuals or groups, but also on
the wider community.
In
this context, community involvement in land-related decision-making is very
important. Community involvement in the decision-making process can strive to
ensure that their interests and needs are properly accommodated. It also
increases the legitimacy and acceptance of decisions taken, thereby reducing
conflicts and tensions in society.
However,
community involvement is not only limited to the decision-making process. It is
also necessary to strive so that the community has adequate knowledge and
capacity to participate in the process. Knowledge about land rights,
land-related legal procedures, and the impact of land-related decisions need to
be widely disseminated to the public. In addition, the capacity of the
community in participation during decision-making also needs to be increased.
This can be done through training, education, and community empowerment, so
that they are able to play an active role in the land-related decision-making
process.
B.
Policy Operationalization
1) Formation
of Community Groups
Land
registration is an important step in trying to ensure that legal community land
ownership can be guaranteed and legally protected. However, the land
registration process is complex and requires community involvement. In this
context, the formation of community groups can be an effective strategy, to
support the land registration program.
Therefore,
in 2014, the Head of the Ponorogo Regency Land Office Office encouraged the
Polorejo Village Government, to form a community group in Polorejo Village.
This group is very important, because it is tasked with assisting the village
government in managing and administering land plots. The Polorejo Village
Government responded to this recommendation by forming a community group in
Polorejo Village, which served as recommended by the Head of the Ponorogo Regency Land Office.
The
formation of community groups is an important step, to strengthen community
participation in the land registration process. By actively involving the
community, the land registration program can become more inclusive and
representative. In addition, community groups can also act as a forum for
information exchange, assistance, and advocacy for people who face obstacles in
the land registration process.
Community
Work Ireland (2023:18) conveyed the importance of social investment, by forming
community groups, to encourage overall community participation. Community
groups can effectively carry out their role as drivers and promoters of
community participation. When there is a dispute between the community and
other parties, the community group can help normalize the atmosphere, so that
joint work can be carried out again.
Facts
on the ground show that the formation of community groups can provide a number
of benefits, as follows: First,
community groups can increase public awareness about the importance of land
registration and their rights related to land ownership. This can help reduce
uncertainty regarding land ownership status and protect communities from future
land-related conflicts. Second,
community groups can be a forum for training and mentoring for the community in
the land registration process, ensuring that they have the necessary knowledge
and skills. Third, community groups
can also be important partners for the land office in conveying information and
supporting the implementation of the land registration program.
Community
groups play an important role in carrying out their role as drivers and
promoters of community participation. Community participation is the main key
to the development of an inclusive and sustainable society, for the following
reasons: First, community groups
play the role of agents of change in society. They can rally community
participation by organizing social activities, awareness campaigns, or
organizing training programs. For example, local community groups that care
about land can organize land registration campaigns. Thus, they not only
encourage community participation, but also create a positive impact on the
environment and daily life.
Second,
community groups can be a voice for underrepresented communities. They can
rally participation from some members of the community who do not have the same
access to the decision-making process. An example is a community group that
focuses on land advocacy. By fighting for the interests of the community, this
group can fight for the voice of the community to be heard and considered when
implementing land registration.
However,
there are also several challenges faced by community groups in carrying out
their roles. One of them is the limitation of resources, both financial and
human resource capacity. Without adequate support, community groups can
experience difficulties, when they want to contribute effectively in carrying
out community participation programs, to support the implementation of land
registration.
2) Self-Help
Mass Certification Program
Collaborative
for Educational Services (2023:15) reminds us of the importance of carrying out
mass activities or movements. This kind of activity or movement is able to
cross various interests, to achieve common interests. Armed with the spirit of
partnership, cooperation or joint work that helps and complements each other
can be encouraged, for the fulfillment of common interests and needs.
The
spirit to carry out mass activities or movements is accommodated in land
registration activities, which is an important process to secure land rights
and support sustainable economic development. One of the efforts that can be
made to accelerate land registration is through a mass land rights
certification program. This program aims to provide land rights certificates to
landowners en masse in an area.
Therefore,
in 2014, the Head of the Ponorogo Regency Land Office offered mass and
self-help land rights certification to the people of Polorejo Village. This
offer was then responded to by the Polorejo Village Government and community
groups in Polorejo Village who manage land activities. Finally, through good
cooperation between the Ponorogo Regency Land Office and the Polorejo Village
Government and community groups in Polorejo Village, 30 land rights
certificates were successfully issued.
One
of the main benefits of the mass and self-help land rights certification
program is in the form of increased legal certainty for land owners. With the
existence of land rights certificates, landowners can more easily access
financial services, secure investments, and protect their property rights. In
addition, this program can also improve the efficiency of the overall land
registration process, as well as reduce the cost and time required to obtain a
land rights certificate.
Although
it has great benefits, it is also known that the implementation of the land
rights certification program on a mass and self-help basis also faces several
challenges. One of the main challenges is administrative and financial issues.
The mass certification process requires considerable human and financial
resources, as well as good coordination between various related parties. In
addition, problems related to land ownership and conflicts over land can also
be obstacles in the implementation of this program.
The
mass certification process is an effort made to measure and recognize a
person's ownership of a certain piece of land. Uniquely, the mass certification
process requires the involvement of many people, both as certification
participants and organizers. The implementation of mass certification of land
rights requires the role of many competent individuals in their fields. This
requires a large investment in human resources to try to make the certification
process run well. In addition, the financial aspect is also something that
cannot be ignored. The mass certification process requires a considerable
allocation of funds. Therefore, adequate funding is the key to success in the
land rights certification process.
Another
aspect that also requires careful attention is the need for good coordination
between various related parties in the mass certification process. This process
involves many parties, such as the land office, district government, village
government, and village community. Good coordination is needed, to develop
plans, implementation, monitoring, and evaluation of activities that have high
standards
3) Agrarian
National Operations Program
Land
registration has become the main focus for the Ponorogo Regency Land Office in
providing services for the community. As is well known, proper and
comprehensive land registration is not only important for the protection of
property rights, but also for sustainable economic development. In Indonesia,
the National Agrarian Operations Program has been implemented to increase legal
certainty and encourage investment in the property sector.
Regarding
national operations, Widodo (2017:204) seeks to provide an overview of national
operations. Although he discussed national operations not in the context of
land registration, but in the context of agrarian reform. He revealed that
there is inequality in the agrarian structure in Indonesia, which is still a
serious problem. Agrarian reform efforts have been the spirit of Indonesia
since the enactment of the Basic Regulations on Agrarian Principles. However,
the agrarian reform policy is still far from perfect. Since the reform, the
issue of agrarian reform or known as land reform has again gained space for
discourse. The National Agrarian Reform Program initiated by the government
seeks to provide a holistic approach by not only focusing on land reform in the
form of asset reform but also touching on the aspect of access reform.
Based
on Widodo's (2017:204) view, it is known that national operations in land
activities have unique characteristics, namely: First, there are efforts to overcome inequality in the agrarian
structure. Second, related to assets
in the form of land plots owned by the community. Third, current land activities have a relationship with land
activities in the past. Fourth, the
role of land as a logical instrument in realizing justice, welfare, and social
harmony.
The
National Agrarian Operations Program has a crucial role in facilitating an
effective land registration process. One of the key components of the program,
namely the accurate mapping and measurement of land plots. By having reliable
spatial data, the land registration process can be carried out more efficiently
and accurately. In addition, this program can also help resolve land ownership
conflicts, by providing clear and verified data.
In
addition, the National Agrarian Operations Program integrates various policies
and regulations related to land. This is important, because the complexity of
land regulation in Indonesia requires strong coordination between related
parties, thus facilitating the registration process. However, the biggest
challenge faced in integrating the land registration program is the lack of
adequate human resources and technology. To run this program effectively, human
resources trained in mapping, soil measurement, and spatial data management are
needed. Therefore, investment in geospatial information technology is urgently
needed, to strive for the data collected to be accurate and easily accessible.
The
following is the implementation of PRONA in Polorejo Village in 2015 � 2017:
First, in 2015, the Ponorogo Regency Land Office offered mass land rights
certification through the PRONA program, which was then successfully
implemented and issued 150 land rights certificates; Second, in 2016, the Ponorogo
Regency Land Office offered mass land rights certification through the PRONA
program, which was then successfully implemented and issued 150 land rights
certificates; Third, in 2017, the Ponorogo Regency Land Office offered mass
land rights certification through the PRONA program, which was then
successfully implemented and issued 410 land rights certificates.
Land
mapping, measurement, and management are important activities that need to be
carried out in meeting the needs of the community and regional development. To
run this program effectively, trained and qualified human resources in this
field are needed. Accurate mapping and measurement of land plots is very
important in the process of guaranteeing legal certainty for land plots owned
by the community. With trained human resources, mapping can be carried out with
high precision, so as to reduce the risk of errors. For example, in the context
of land rights, accurate measurement and mapping can prevent disputes over land
parcel boundaries in the future.
In
addition, the efficient management of measurement, mapping, and filing
activities of land plots in a village is also very important in supporting land
order. With trained human resources, land registration activities in a village
can run smoothly, and with minimal constraints. This can aid in better
decision-making, more efficient planning, and rural development.
The
existence of human resources trained in mapping, measurement, and land
management has a positive impact on the development of village communities and
the development of village capacity in absorbing community activities. For
example, in agriculture, accurate mapping can help communities and village
governments in planning irrigation canal maintenance, thereby increasing
agricultural productivity.
4) Complete
Systematic Land Registration Program
Land
registration is an important process in determining land ownership and rights.
However, often its implementation causes various complaints from the community
related to services. To overcome these problems, complete systematic land
registration is a solution that can provide legal certainty and protection of
land rights for the community.
Saputri (2023:306) revealed that the
implementation of land certification through Complete Systematic Land
Registration has implications for providing legal certainty regarding the
status of community land ownership and control. The impact of the Complete
Systematic Land Registration program on the community, among others, gives
trust to banks or creditors. In addition, this program also has an impact on
the ease of the authorities in designing regional development activities,
especially related to land and space.
Therefore,
it can be understood that in 2018, the Ponorogo Regency Land Office offered
mass land rights certification through a complete systematic land registration
program. This offer was actively responded to by the community and the Polorejo
Village Government, so that the activity could be carried out properly, and
successfully issued land rights certificates for land plots that had not been
certified.
A
complete systematic land registry refers to a comprehensive approach to
identifying, mapping, and documenting land tenure status thoroughly. This
process involves field surveys, data collection, verification, and updating of
detailed land-related information. Thus, a complete systematic land registry
can provide clarity regarding land boundaries, ownership, and other related
rights.
One
of the main benefits of complete systematic land registration is to provide
legal certainty to landowners. With valid and accurate documents, people can
avoid prolonged ownership disputes. In addition, clarity regarding the status
of land is also the basis for economic development and investment in the
region.
However,
the implementation of complete systematic land registration also raises several
problems. Complex processes that require sufficient resources can be a
bottleneck, especially in remote areas. In addition, there is uncertainty
regarding the legality of land that has been occupied by the community for a
long time, also causing resistance to the registration. To overcome these
problems, the land office involves the community in a complete systematic land
registration process. A participatory approach can increase public confidence
in the process carried out by the land office.
In
other words, a participatory approach has become increasingly important in
various aspects of people's lives, including in the land registration process.
When the context of the discussion is placed on the land office, it is known
that a participatory approach is the key in increasing public trust in the
process carried out by the agency.
It
is important to understand that the land office has a very urgent role, in
regulating land ownership and other natural resources. Uniquely, various
processes in the land office are actually understood as something complicated
and difficult to understand by the general public. In fact, situations like
this can cause distrust in justice and transparency in the process being
carried out by the land office.
Therefore,
a participatory approach can open the door for active community participation
in decision-making processes related to land registration. When the community
is involved in the planning, decision-making, and implementation of land
policies, the land office can strive to accommodate the interests of the
community in a fair and transparent manner.
One
of the ways a participatory approach can be implemented is through the
implementation of public forums, community consultations, and other
participation mechanisms. For example, the land office can openly involve the
community in the planning process of land registration activities in a village,
and involve the community in the implementation of land registration and its
evaluation activities. Thus, the community feels a part in the overall land
registration activity, and believes that the decision taken has taken into
account its interests. In addition, a participatory approach can also increase
the accountability of land offices. By involving the community in the
supervision and monitoring process, land institutions can be open to criticism
and constructive input from the community.
C.
Policy Impact
The
impact of sociological rational policies on the people of Polorejo
Village who have experienced land trauma, namely: First, a sense of security, which is characterized by: (1) land plots that have begun to be
recorded and recorded properly by the Polorejo
Village Government and the Ponorogo Regency Land
Office; (2) the data and records of
the land parcels are used, for the implementation of mass certification of land
rights in Polorejo Village; and (3) �the mass certification of land rights is
carried out by involving Polorejo Village Government
staff, as witnesses during the measurement and filing of community-owned land
parcels.
A
sense of security is one of the fundamental aspects of community life in
Polorejo Village, which can be seen when the government registers land in this
village. The process of collecting data and recording land plots ran smoothly
without any significant obstacles, so that efforts to provide legal certainty
could be carried out. This situation further increases the sense of security
for the community, especially when there are several aspects that support it,
such as data collection and recording of subjects and objects of land plots.
Land
plot data collection is a crucial first step in land resource management and
the implementation of land registration. Systematic data collection has opened
up opportunities for land offices and village governments, to find out the
owners of land plots, the boundaries of land plots, and the use and utilization
of their land. This is what brought together the Polorejo Village Government
and the Ponorogo Regency Land Office, to work together to carry out land
registration activities. The objectives include providing legal certainty for
the community, reducing land conflicts, and strengthening individual ownership
rights over land.
In
addition, there is also the registration of land parcels which is also done
properly, in order to prevent disputes or conflicts between land owners. When
the land has been registered and has proof of legal ownership, the community is
more protected in terms of ownership of their land plots. Accurate and
transparent recording gives confidence to the public, that their rights are
recognized by the state. This is very important, considering the many cases of
land disputes that occur in various regions.
Good
land management also has a positive impact on the social and economic aspects
of the community. With legal certainty, people are bolder to develop
agricultural, livestock, fishery, and other businesses. For example, some
members of the Polorejo Village community have used their land for more
productive agricultural businesses after obtaining legal certainty related to
land ownership. Thus, this condition not only improves the welfare of
individuals, but also encourages village economic growth.
However,
at the beginning of the land registration activity in Polorejo Village, there
was a challenge that had to be faced by the Land Sector Community Group in this
village, namely the lack of public understanding of the importance of data
collection and recording of land plots. Even some members of the community are
still reluctant to involve themselves in this process, due to their lack of
understanding and fear of the risks that will be faced.
Second,
increasing enthusiasm, namely when the people of Polorejo Village are able to
obtain: (1) fulfilling the need for
a sense of security for the land they own; (2)
the knowledge that the opportunity to meet the needs is increasing; and (3) the experience that credit for
business capital is easy to obtain, after the certification of land rights.
Polorejo Village, which has a typical
natural charm of Ponorogo, is a clear example of a community that strives to
increase the spirit of its people in meeting basic needs, especially in terms
of a sense of security in land ownership. Land ownership issues often trigger
uncertainty and conflicts in various regions, so the success of this village in
overcoming these problems is very interesting to observe.
A
sense of security in land ownership is a basic need that cannot be ignored.
Land is a source of life, a place to live, and a source of livelihood for the
community. When the community feels that their land rights are threatened, both
by outsiders and by unclear government policies, the enthusiasm to participate
in activities and contribute to village development will decrease. Therefore,
the fulfillment of this sense of security is very vital. For this reason,
several strategies have been implemented to increase the community's sense of
security towards the land they own, such as the efforts of the village
government together with the land office in the implementation of land
registration. This activity aims to provide strong legal evidence of land ownership.
With the certificate, the community feels more protected from land disputes.
In
addition, there are also efforts to educate the community through understanding
their rights as land owners. With adequate knowledge of land law, they are
better prepared to deal with risks and conflicts that may arise. Furthermore,
there are also community development efforts, when the community is encouraged
to build solidarity through community group organizations in this village that
specialize in managing the land sector. With good cooperation, they can help
each other in resolving land-related issues, including mediation efforts in
disputes. Finally, no less important thing is the protection of community land
ownership from other parties, which is carried out by the village government to
protect the community from illegal land ownership by other parties. The trick
is to monitor and enforce the law, to try to ensure that people's rights are
not violated.
Third,
access to capital, which is characterized by: (1) the ease of access to capital
by the people of Polorejo Village after the certification of land rights that
have been held in their villages; (2) the usefulness of the Polorejo Village
Head's Certificate explaining about community members, who are participants in
land rights certification, so that they can be used to access capital.
In
the context of economic development, access to capital is one of the key
factors that affect the growth and welfare of the community. As is known, the
increase in access to capital that occurred after the certification of land
rights in Polorejo Village has shown a positive impact on the lives of the
village community. Certification of land rights is an important step in
providing legal certainty and recognition of land ownership. The certification
program implemented not only guarantees the rights of the community to their
land, but also opens up opportunities for them to access capital. With the
existence of land certificates, people have assets that can be used as
collateral to get loans from financial institutions, because there is an
increase in the trust of financial institutions in the community. Land rights
certificates have provided a guarantee of credit return to financial
institutions, so they are more willing to provide loans to the community. This
can be seen from the increasing number of community members in this village who
apply for credit after the certification of land rights. With the existence of
a land right certificate, people can use their land as business capital. For
example, some farmers in Polorejo Village have applied for loans to buy
agricultural tools and superior seeds, so that agricultural productivity
increases. This has led to diversification of sources of income, as people who
previously relied solely on agriculture then began to explore other areas of
business, such as trade and handicrafts, thanks to better access to capital.
This condition further creates new jobs and increases people's income.
Although
access to capital has increased, there are still challenges that need to be
overcome. One of them is the public's understanding of financial and investment
management. Some community members in this village do not have enough knowledge
on how to manage loans and utilize capital effectively. Therefore, education
and mentoring programs are needed so that people can utilize capital
appropriately and wisely.
Fourth,
freedom to choose commodities, which is characterized by: (1) the desire and readiness of farmers to make efforts to break
free from their dependence on middlemen; (2)
the use of credit by farmers as an instrument, to thwart the debt trap that has
been spread by middlemen; (3) the
use of credit as business capital, so that farmers are free to choose the most
profitable (commercial) type of crops.
Freedom
to choose commodities is one of the important aspects of the modern
agricultural system. This is marked by the desire and readiness of farmers to
break free from dependence on middlemen. When farmers have the freedom to
choose commodities, this condition gives farmers greater control over the
production and marketing of their agricultural products. By choosing more
profitable commodities, farmers can increase their income, while reducing the
risk of losses due to fluctuations in market prices. For example, farmers who
previously only grew rice can now consider planting vegetables or fruits that
have high demand.
In
the past farmers had a dependence on middlemen, which was detrimental to them,
especially when middlemen bought agricultural products at low prices, so
farmers did not get a decent profit. With the freedom to choose commodities,
farmers can look for alternative distribution channels, such as selling
directly to consumers or through agricultural cooperatives. This not only
increases income, but also gives farmers a better bargaining position.
The
desire and readiness of farmers to adapt to market changes is very important.
In this context, agricultural extension and marketing training play a crucial
role. A good training program can help farmers understand market trends, new
cultivation techniques, and how to market products. For example, some farmers
in Polorejo Village were trained in organic farming, so that they were able to
penetrate the premium market and get higher prices. However, not all farmers
have the same access to such information and resources. Therefore, it is
important to try to get the necessary support for farmers to choose commodities
independently. While there are many opportunities, freedom to choose
commodities also faces various challenges, one of which is market risk.
Fifth,
the increase in bargaining position, which is seen in the ability of farmers in
Polorejo Village, in doing: (1)
consolidation of activities, through cooperation in land cultivation by farmers
in one farmer group in Polorejo Village; (2)
production collectivization, through the cooperation of farmers in one farmer
group in Polorejo Village, to produce certain types of agricultural commodities
at a certain time; (3) product� marketing collectivization, through the
cooperation of farmers in one farmer group in Polorejo Village, to jointly
market agricultural products to markets around Ponorogo.
Polorejo Village, located in the middle of
fertile land with high agricultural potential, faces diverse challenges in
improving the bargaining position of its farmers. One of the strategies that
has proven effective in increasing the bargaining position is through the
consolidation of activities, especially in the form of cooperation in land
cultivation by farmers in one farmer group. The consolidation of activities in
farmer groups provides a number of benefits for farmers.
The
cooperation of farmers gives them the opportunity to use resources more
efficiently. For example, buying fertilizers and seeds collectively allows them
to get a cheaper price, compared to buying individually. Research shows that
cooperation in farmer groups can increase productivity by up to 20% due to
better resource management.
In
addition, the consolidation of activities also increases the bargaining
position of farmers in facing the commodity market. By operating as a group,
they can conduct stronger negotiations with buyers, be it local merchants or
large corporations. When farmers come together, they can offer larger volumes
of products, which in turn can increase the selling price.
The
next advantage of collaborative activities in farmer groups is the exchange of
knowledge and experience. Farmers can learn from each other about better
farming techniques, how to deal with pests, and best practices in managing
their soil. This not only increases crop yields, but also strengthens the
skills and capacities of farmers collectively.
Despite
the many benefits offered, the consolidation of activities within farmer groups
also faces several challenges. One of the main challenges is the difference in
the level of commitment and skills among group members. Some farmers turned out
to be more experienced and had more resources, while others were less active
and did not have adequate resources. This can then cause tension within the
group and reduce the effectiveness of cooperation.
Sixth,
the improvement of welfare, which is marked by a decrease in the number of poor
families in this village, namely from 101 poor families in 2014 to 77 poor
farmer families in 2017. Thus, there was a decrease in poor families by 24 poor
families, or by 23.76%. This is possible because some people have participated
in the land rights certification program en masse, so that they can get credit
for business capital.
Improving
the welfare of village communities is one of the main goals in social and
economic development. One of the clearest indicators of improved welfare is the
decline in the number of poor families. The decline in the number of poor
families provides an interesting picture of the social, economic, and policy
dynamics that contribute to these changes, such as: economic development
programs, access to resources, support from the government.
One
of the main factors that contribute to the reduction of poverty is the
existence of a planned economic development program. In this context, it is
known that there are activities of the village government in collaboration with
the land office, in the form of the launch of the land registration program.
One of the impacts of this program is in the form of obtaining land rights
certificates by the community (farmers), making it easier for them to access
capital for the farming business they are engaged in. Therefore, access to
resources, such as capital, also plays an important role. With capital
assistance for farmers to buy fertilizers and agricultural tools, they can
increase productivity.
The
government has a central role in creating policies that support poverty
alleviation. Policies that support local economic growth can help reduce the
number of poor families. For example, when the land registration program
ultimately provides financial support through access to much-needed capital to
finance the basic needs of farmers. Despite the decline in the number of poor
families, challenges remain. One of the main challenges is the uneven
distribution of resources. Some families may be more successful in taking
advantage of existing programs, while others remain trapped in poverty for a
variety of reasons, such as lack of access to information.
4 Conclusion
The
community and the Polorejo Village Government in 2008 experienced land trauma,
so they rejected the land rights certification program offered by the Ponorogo
Regency Land Office. This condition was then responded by the Head of the
Ponorogo Regency Land Office in 2014, by issuing a sociological rational
policy. The operationalization of this policy includes: (1) the formation of
community groups, (2) the implementation of a mass and self-help land rights
certification program, (3) the implementation of the national agrarian program,
and (4) the complete systematic land registration program. In the end, this
policy succeeded in having a positive impact on the community and the Polorejo
Village Government in the form of the loss of land trauma.
5
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