Communalization and Distribution of Pekulen Land use

Abstract

The purpose of this study is to describe the tradition of communalization of pekulen land and the distribution of its use. This research conducted with an empirical legal research that locations in Pituruh Subdistrict, Purworejo Regency, Central Java with socio-legal approach. This research found that the communal mechanism for pekulen land was first developed by the Dutch colonial government by utilizing local customary law in order to guarantee the availability of labor and agricultural land for land taxes and cultuurstelsel. This model now transformed and has many benefits such distribute the right of land use, protecting the rights of landholders, guaranteeing the protection of land functions, maintaining the integrity of village communities, and so on. The implementation of communalization of pekulen land and distribution of its use is a mechanism of local wisdom that grows and develops by transforming the values of customary law in land regulation. This activity consists of 2 (two) things, the first is the communalization of pekulen land which carried out by taking part of the rights to work on pekulen land to be used in the control and arrangement with the hamlet/ village community. Second, the distribution of the use of pekulen land is an action to distribute the right to cultivate pekulen land. Pekulen land is a form of land rights originating from customary law which is owned by the village community who are given the right of use to members of the village community to be used for their personal interests. This paper provide new way to understanding the practice of communalization of land that initiated by the citizens. Discussion about the communal land during this only related to the tribal society or indigineus people. In fact Indonesian community, especially village in Java have communal religious character and the strong value customary law.