Agrarian Reform Research Articles

The Antinomy of Agrarian Reform Regulations After the Establishment of the Land Bank Authority

The establishment of the Land Bank through Government Regulation No. 64 of 2021 introduces a significant framework designed to secure land availability for public, social, national development, economic equality, land consolidation, and agrarian reform purposes. This regulation marks a new phase in agrarian reform, particularly with the introduction of Presidential Regulation 62 of 2023, which replaces earlier regulations (Nos. 88 of 2017 and 86 of 2018) to streamline and enhance the effectiveness of land reforms. Despite its mandate to allocate 30% of land for agrarian reform, the Land Bank faces challenges due to overlapping land acquisition sources, which often intersect with lands designated for agrarian reform. This research utilizes normative juridical methods to analyze these conflicts between the regulations governing the Land Bank and the enhanced framework provided by the Presidential Regulation on Acceleration of Agrarian Reform. The findings highlight a significant overlap between the targeted lands for agrarian reform and those acquired by the Land Bank. This overlap results in discrepancies in land rights among subjects of land redistribution, who are affected differently depending on whether lands are under the management rights of the Land Bank. The study suggests that legal harmonization efforts are necessary to address these conflicts, recommending the application of Lex superiori derogat legi inferiori, where higher legislation should override lower ones. Such harmonization is critical to resolve norm conflicts and ensure the equitable distribution of land rights, thereby facilitating the objectives of agrarian reform. KEYWORDS : Antinomy, Agrarian Reform, Land Bank

Bridging the Gap by Exploring Inequalities in Access to Land and Disparities in Agrarian Law in Indonesia

This article explores the historical underpinnings of unequal access to land in Indonesia, tracing its roots to colonial legacies and the lasting impact of Dutch colonial rule. Through an examination of laws such as the 1870 Agrarian Law, it highlights how indigenous peoples were systematically dispossessed of their land, exacerbating social inequality and perpetuating economic injustice. It also underscores the widespread legal uncertainty faced by marginalized groups, which hinders their access to essential services and deepens social and economic disparities. After the proclamation, Indonesia chose to create new regulations by passing Law No. 5/1960 on the Basic Regulation of Agrarian Principles (UUPA). This law became the legal framework for Indonesia's agrarian reform. Furthermore, this article explores the critical role of agrarian reform in reducing this disparity, advocating for comprehensive policy reforms that aim to strengthen legal protections for the land rights of marginalized communities. By elucidating the historical trajectory of land access inequality and its contemporary manifestations, this article contributes to a better understanding of the complex socio-legal dynamics that shape land tenure in Indonesia. Through a critical examination of colonial legacies and current policy frameworks, it seeks to inform efforts aimed at promoting social justice and equitable resource distribution. Ultimately, the article underscores the importance of agrarian reform that prioritizes the rights and welfare of marginalized communities, hoping to pave the way towards a more inclusive land governance regime and sustainable development. KEYWORDS : Land Access, Inequality, Agrarian Law, Agrarian Reform

What, How, Why? An Outline of the State’s Attitude Towards Agriculture and Farmers in Early Yugoslav Socialism, 1945–1953 (With an Emphasis on Slovenia)

In this review article, the author presents the crucial factors regarding the legal provisions that shaped agricultural policy in early socialism in Yugoslavia (1945–1953). In doing so, he focuses on the developments in agriculture in Slovenia. The article presents the agrarian question (the issue of land and its ownership) and the agricultural question (the attitude of the authorities towards peasants as a social and professional group). It outlines the agrarian reform in Slovenia (1945–1948), its impact (consequences), and the intervention of the authorities in agriculture to provide for the population. These interventions included the collectivisation of agriculture based on the model of the Soviet Union’s kolkhozes. The authorities’ attitude towards agriculture included pragmatic reasons (supplying the population) as well as political and ideological motives.

Socio-Eco-Religio-Cultural Approaches in Addressing Environmental Damage: An Interpretative Analysis Based on The Quran and Hadith

Purpose: This article discusses the ecological verses that have been interpreted in efforts to maintain the existence of environmental conservation. Ecology is a discipline that explores the symbiotic mutualism between nature and living organisms. The Quran uses several terms related to ecology, such as living environment (al-bi'ah), the entire universe (al-'alamīn), the sky or cosmos (al-samā'), earth (al-arḍ), human beings (al-insān), fauna (al-an'ām or dābbah), flora (al-nabāt or al-harth), water (mā'), air (al-rīḥ), sun (al-shams), moon (al-qamar), stars (al-burūj), and mountains (jabal). Methods: This research is essential due to recent environmental crises leading to various natural disasters. This is a qualitative study employing a literature review approach. This paper emphasises that maintaining the existence of environmental conservation is vital for the natural balance and future generations as it is part of Islamic teachings. Result and Discussion: Therefore, verses concerning the existence of environmental conservation need to be actualised. The results of this research can provide input for policymakers on the importance of consistently promoting the preservation of the environment as commanded by the Quran, such as maintaining a clean environment, keeping nature in balance, preserving ecological equilibrium, reforestation for greener nature, and making land productive. Research implications: The findings suggest potential opportunities for agrarian reform to aid in protecting and preserving ecosystems, ensuring that they remain viable and beneficial for future generations. Originality/value: This paper offers valuable perspectives on Islamic eco-culture as a potential solution to environmental degradation, drawing from the teachings of the Quran and Hadith. It explores the commendable efforts of Muslim communities to conserve the environment, guided by these two key sources of Islamic teachings. This narrative aims to offer constructive ideas and empower active participation, emphasizing the shared responsibility of both the community and government in ensuring that environmental issues receive the due attention they deserve.

Land Reform Versus Repression in Counterinsurgency: Evidence From El Salvador

Land reform has been employed as a component of counterinsurgency strategies to inoculate peasants against rebel appeals by giving peasants their own land. However, the remedial effects of land reform can be undermined by right wing violence and rebel violence intended to subvert land reform implementation. We used municipio level data on land reform and election results from El Salvador to test propositions on the competing effects of land reform and political violence - right wing and rebel - on the distribution of popular support between the regime versus the rebels versus anti-reform parties in the regime. We find consistent evidence across three elections that “land to the tiller” forms of agrarian reform do increase support for the regime while right wing violence does erode support for reformist parties.

Transformative Pathways of Agrarian Reform: Comparative Bibliometric Insights of Southeast Asia and Indonesia Cases

Agrarian reform is recognized globally as a solution for reducing land ownership inequality. Many countries, including Indonesia, are still working to enhance its implementation. This study examines global agrarian reform research trends over the past decade, focusing on Southeast Asian (SEA) nations, particularly Indonesia. The methodology involved conducting a bibliometric analysis using RStudio and adhering to the PRISMA framework. The result of our analysis, which included 248 articles, reveals a trend of increasing interest in agrarian reform. Among the 20 selected articles, we observe that agrarian reform success in Europe, especially in Scandinavia, correlates with democratization. Conversely, Latin America contends with personal agenda challenges, while Africa faces issues of inclusivity and gender. SEA nations employ diverse approaches: Vietnam boosts productivity with private farming, Thailand enhances revenue through agrotourism, but Timor-Leste and the Philippines face managerial and credit access hurdles. Indonesia integrates asset and access management, yet access issues persist.

Policy, Incentives, and Partnership are Keys to Sustaining Food Security, Land Management, Waste Management, and Agrarian Reform

Informed by cases from Southeast Asia (including Indonesia), Pakistan, and Nigeria, this April 2024 Issue puts together an argument that policy, incentives, and partnership are keys to sustaining food security, waste management, land management, and agrarian reform. The political decision to build a new Indonesian Capital in East Kalimantan could mean a positive for boosting local development. However, environmental and potential population pressures can compromise local social environmental settings that challenge the local food system. The article from Cahyono and Tokuda - offers insights into the role of sociodemographic factors as predictors of food security in East Kalimantan, Indonesia.   This Issue also covers research on sustainable waste management from Indonesia (Al Muqsit et al. deal with waste management from the views of visitors of a heritage tourism Area in Semarang using a survey) and Nigeria (Ogunseye et al. on how households leverage waste recycling for a green economy based on qualitative studies). The case from Nigeria advocates for policy that promotes equity, incentives, and partnership. Using the PRISMA framework, Gafuraningtyas et al. examine the literature on agrarian reform from Southeast Asia. The authors compared different approaches, including constraints and opportunities in agrarian reform in countries such as Indonesia, the Philippines, Thailand, Timor Leste, and Vietnam. This Issue also offers policy insights into (1) how macroeconomic conditions shape local decentralization and its implication on fiscal capacity in Jambi, Indonesia (Zevaya et al.); (2) how soil organic carbon shapes agriculture, food security, and Health in the context of Pakistan (Amanullah and Khan); And (3) How to know if land management is responsible: Evaluating the 8R framework of responsible land management (de Vries).

Peasant communities in Peru

The objective was to analyze the processes of organization, action, leadership and perspectives of peasant communities in Peru, specifically in Junín, period 1959-2017, under a qualitative methodological approach, narrative-historical design. It is evident that in the 50s-60s of the 20th century, peasant organizations focused on the land problem with the estates, on the implementation of the pilot plan for agrarian reform and the founding of a communal university. Between 1969-1980, they were part of the structure of the Agricultural Societies of Social Interest, implemented by the agrarian reform of 1969. From 1980 and the end of the 90s, overwhelmed by political violence, the Peasant Rounds were formed, especially to confront the authoritarianism and Shining Path terrorism. In the 21st century, many communities continue the fight for territory with extractive companies (mining, hydrocarbons, non-metallic) and with the State for infrastructure and better public services.

Legal Dilemma for Land Deed Officials in Transferring Land Title Within Agrarian Reform in Indonesia: A Study in Aceh Province

The agrarian reform policy in Indonesia is expected to reduce inequality in land ownership and control, provide legal certainty and reduce land disputes by making various changes to legislation and government policies. This article aims to explore the dilemma of transferring land rights in Indonesia in terms of legal certainty and justice for Land Deed Making Officials (Pejabat Pembuat Akta Tanah/PPAT) who have often faced legal proceedings, referring to cases in Aceh Province, Indonesia. This research uses empirical juridical methods with a case study approach, data collection techniques, interviews, observation and document study. The results of the research show that Land Deed Making Officials have a high legal risk in transferring land rights in Indonesia, especially if there are deviations, errors or mistakes in the procedures for making deeds, so that Land Deed Making Officials are held administratively, civilly and criminally responsible. This problem occurs because of differences in interpretation regarding PPAT's obligation to carry out field verification, lack of legal protection, and lack of village-based land data. This study offers new insights into strengthening customary land database institutions at the village level supported by the National Land Agency. So, this offer helps unravel the complexity of the land transfer process and offers a potential solution for better justice for Land Deed Making Officials under the Jokowi government's agrarian reform, and guarantees justice and certainty for land owners, as a way to achieve the welfare of the people in Indonesia.

Implikasi Agreement on Agriculture (Aoa/Wto) Terhadap Pengaturan Perdagangan Produk Pertanian Indonesia

The aim of this scientific writing is to find out the legal implications of the AoA/WTO for trade in the Indonesian agricultural sector, as well as to find out how Indonesia provides legal protection for trade in agricultural products due to the liberalization of world trade. This scientific research uses normative juridical research methods, and the data collected will be analyzed juridically qualitatively, then the results of this research will be described descriptively analytically. From the research results, the author obtained data that to implement the AoA/WTO provisions, Indonesia updated its legal provisions in the agricultural sector through several national provisions. However, this implementation has implications that have a negative impact on farmers, as a result trade in the Indonesian agricultural sector decreases, such as imports of food products increasing, farmers' income decreasing, there are no subsidies for farmers, food insecurity and hunger, Bulog becomes a company, and etc. To anticipate the negative impact of trade liberalization on the agricultural sector, the Indonesian government has made such efforts, such as enacting Law No. 29 of 2000, concerning the protection of plant varieties, Presidential Decree No. 77 of 2005, concerning the procurement and distribution of subsidized fertilizers, at the beginning of September 2007, The Decree of the Coordinating Minister for the Economy gave full authority to Bulog, in May 2007, the government issued a Draft Government Regulation (RPP) concerning the National Agrarian Reform Program (PPAN) / Landreform, and at the international level, Indonesia created the SP (Special Product) and SSM (Special Product) programs. Safeguard Mechanism) which is still being fought for in the WTO forum to get its ratification.

Between Land Reform and Postcolonial Frustration: Understanding the Social Roots of Local Opposition to the PAIGC/PAICV in Santo Antão, Cabo Verde, 1975–91

Abstract This study discusses the processes of increasing social malaise and an “oppositional mood” in the Cape Verdean island of Santo Antão, where growing frustration between 1975 and 1990 led to the building of massive political opposition against the single-party regime in the archipelago. Early scrutiny of the shortcomings of independent administration, anger about the installation of a new police force, resettlement schemes, a failed agrarian reform, regime violence to achieve that reform, and a generalised mood of decline in the second half of the 1980s, constitute different elements explaining the unrest in that island. Based on newly available, local archives as an innovative source, the interpretation of a remote Cape Verdean opposition island also addresses the potential of studying opposition against “winning parties” and regimes after independence in wider regional frameworks, referring to discontent and “oppositional mood” elsewhere in postcolonial (Lusophone) Africa.

Agrarian Reform in Southern Portugal

Agrarian Reform in Southern Portugal

Agrarian reform in Mexico turns thirty: dispossession, divided communities and environmental degradation

Agrarian reform in Mexico turns thirty: dispossession, divided communities and environmental degradation

Agrarian Reforms, Modes of Production and Farm Bills 2020 in Punjab

Agrarian Reforms, Modes of Production and Farm Bills 2020 in Punjab

The relationships between land tenure, cattle production, and climate change – A systematic literature review

Climate change is one of humanity’s greatest concerns because of its environmental, economic, and social impacts. Our study addresses land tenure (expressed through agrarian reforms) and traditional livestock farming (countered by practices such as silvopastoral systems) among the numerous causes of this phenomenon. To do this, we conducted a systematic literature review, based on empirical evidence from six countries in the Global South: Brazil, Mexico, Colombia, Kenya, Nigeria, and South Africa. The results reveal that agrarian reforms have contributed to deforestation but have not yielded positive effects such as improved access to credit for adopting sustainability practices. Furthermore, the implementation of silvopastoral systems faces common challenges, such as a lack of technical support and financial resources, thus hindering the mitigation of impacts from traditional livestock farming, particularly deforestation and greenhouse gas emissions. The historical perspective allows us to comprehend political responsibilities across the Global South when it comes to climate change. This assertion does not negate ongoing efforts to increase sustainability but underscores the need to overcome systemic challenges such as inadequate state control in certain territories or mismanagement of public resources.

PERFORMANCE OF THE GUNUNG JAYA AGRARIAN REFORM VILLAGE, SOUTHEAST SULAWESI: A STUDY OF THE CHALLENGES OF ACHIEVING AGRARIAN REFORM GOALS

Agrarian Reform Village (ARV) is a pilot project in various Indonesian regions to prepare areas for the small-scale implementation of agrarian reform, including asset management and access management. The aim of this study is to know the perfomance of Agrarian Reform Village (ARV) in Gunung Jaya Village, Dangia District, Southeast Sulawesi and to know the challenges faced in implementing the program to achieve the goals of agrarian reform. Its social legal research consists of primary data obtained directly from the field or research location and elaborated with secondary data that is already available in the form of legal materials and relevant to the research topic. This study found that the performance of Gunung Jaya Agrarian Reform Village, which includes land redistribution, economic community empowerment, and reform access, was not optimal enough. There are several inhibiting factors that become challenges for the optimalization of the program, such as the planting process, maintenance, and capital problems. The local government and the Ministry of Agrarian Affairs and Spatial Planning, as organizers, continue to strive to resolve these obstacles for the implementation of the agrarian reform village in following year to realize the achievements of agrarian reform.Keywords: Village; Reform; Agrarian.

Романовы на Кавказе в отражении письменных источников XIX – начала XX вв.

The article discusses the visits of representatives of the Romanov dynasty to the Caucasus and their influence on the life and customs of the mountain peoples of the Northern Caucasus. To at-tain this goal, a combination of legislative, administrative, personal history sources, and infor-mation from periodicals were used. Each type of historical source helped shed light on the unique nature of these relationships, highlighting their significance for both the Romanovs and the moun-tain peoples. Legislative sources allowed for the detailed examination of agrarian reforms, show-ing that despite Alexander II’s assertion of projects to grant land to the mountaineers, and thus be-coming law for all subjects of the Russian Empire, under pressure from the mountaineers who identified many flaws in these projects, the government was forced to reconsider the results of the reform and make significant amendments to the final version of landownership and land use in the Northern Caucasus. The memoirs of S. Siukhov depict one of the most tragic episodes of the Cau-casian War: the meeting of Emperor Alexander II with representatives of the Adyghe peoples, which ended in a new confrontation. The majority of Adyghe society chose departure to Turkey over relocation to the plains. Administrative sources described Alexander III’s meeting with rep-resentatives of the Kabardian and Balkar peoples, which resulted in the granting of alpine mead-ows to mountaineers.

Burned area occurrence in agrarian reform settlement projects in the Matopiba region, Brazil

Wildfires have been causing negative effects on ecosystems and rural communities. Among rural communities, the agrarian reform settlement projects have registered fires resulting from agricultural management inside and outside their areas. In this context, our objective was to analyze 821 settlement projects in the Matopiba region to explore the spatial-temporal dynamics of burned area occurrences. For this, we used the burned area data from MCD64A1 v006, from 2001 to 2021, and estimated the total burned area and its percentage for each settlement project per month and per year, and the frequency and trend. Based on these characteristics, we classified each settlement project to identify patterns. We identified a temporal pattern, with inter-annual variations, associated with the dry season. Also, the extension of the burned area increased significantly in the years of drought anomaly. Settlement projects with high and low fire frequency coexist in the same region. We also identified a small cluster with a positive trend in the northeast of the Matopiba region related to the surrounding agriculture expansion area. The classification based on burned area, trend and frequency is useful to select priority settlement projects for fire prevention actions.

Presidential Decree Number 62 of 2023: Distortion Regulation or Acceleration Solution for Agrarian Reform?

The implementation of Presidential Decree No. 62 of 2023 has substantively attempted to integrate several regulations at technically applicable level; however, on the other hand, it still raises several problems, particularly in relation to the provision of land for agrarian reform objects, land originating from forest areas. This study aimed to analyze the implementation of Presidentialial Decree No.   62 of 2023 as the latest regulation regarding the acceleration of agrarian reform activities in Indonesia as an effort to recognize that land is the greatest source of wealth for people as ordered by the constitution. To analyze the problem, the method used is type study law normative. One of the factors inhibiting agrarian reform from seeming slow in creating just and prosperous land is the dis-harmonization of regulations, that cause legal gaps. The method used is normative legal research with a statutory regulation approach. The sectoral egos and legal gaps can be put aside and released to joint policies between related institutions, and agrarian reform can achieve its main essence; namely making land a source of the greatest prosperity for people. The results show that regulatory disharmony has narrowed the space for implementing agrarian reform. The advice given in this paper is to create an acceleration of agrarian reform that is right on target in accordance with the targets set, all implementing stakeholders must comply with the norms set out in the Presidential Decree in question. Thus, it is feared that Presidential Decree No. 62 of 2023 will become a regulatory distortion, even though its implementation aimed to provide a regulatory solution in the context of accelerating agrarian reform in Indonesia.

Projects of establishing the Peasant land bank and its organizational-legalprinciples of functioning

The purpose of the article is to characterize the process of formation and the first steps of the Peasant Land Bank (Selianskyi pozemelnyi bank), to identify and analyze various projects of the organization of a state institution for long-term crediting of the peasantry, which preceded the emergence of the Peasant Land Bank in 1882. Research methodology is based on the fundamental principles of historical research: historicism, systematicity, objectivity in the selection of facts and documents. Scientific novelty of the article lies in the analysis of projects for the formation of the Peasant Land Bank in the Russian Empire in the context of agrarian reforms of the late 19th and early 20th centuries. Organizational and legal aspects and principles of functioning of this bank, its role in the implementation of the government's agrarian policy are studied. The author examines the influence of credit activity of the Peasant Land Bank on the development of agriculture and formation of a class of wealthy peasants in the context of the modernization of agriculture. Conclusions. The establishment of the Peasant Bank, to a certain extent, can be considered as an important step in the direction of public opinion at that time. The concession, which over time was tried to be significantly reduced, was the establishment of numerous restrictions, which indicated the limited effectiveness of the bank's activities. These restrictions included a five million annual transaction limit, a small maximum loan size per person, and the ability to participate in transactions only by voluntary agreement between the seller and the buyer. It was also assumed the need for significant additional payments when purchasing, which were unaffordable for poorer peasants. These restrictions significantly limited the positive influence of the bank. It was noted that the main goal of the bank was realized in a residual way, in particular, due to political reasons and commercial principles that were the basis of its activity. In addition, crediting conditions were considered absurd, as they provided for the same interest rates as in commercial banks. A prospective promise was a change in the focus of the bank's activity to credit support for peasants who intended to farm on the acquired lands, in particular by providing “ameliorative” credit.