COMMUNALIZATION OF PEKULEN LAND AND DISTRIBUTION OF ITS UTILIZATION AS A MECHANISM FOR REALIZING AGRARIAN JUSTICE

Abstract

Purpose: The purpose of this study is to describe the tradition of communalization of pekulen land and the distribution of its use.
 Methodology: This research conducted with empirical legal research those locations in Pituruh Subdistrict, Purworejo Regency, Central Java with the socio-legal approach.
 Results: This research found that the communal mechanism for pekulen land was first developed by the Dutch colonial government by utilizing local customary law 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.
 Implications: This paper provides a new way of understanding the practice of communalization of land that initiated by the citizens. 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. Thus, Land communalization is an alternative policy model that is applied to regulate land ownership in a more organized manner with a strong collectivity bond in a community.