AGRARIAN LAND POLICY ON LAND IN INDONESIA POST REGIONAL AUTONOMY

This study aims to discuss the agrarian law policy in the land sector in Indonesia after regional autonomy. The method used in this research is a normative juridical approach by examining and interpreting theoretical matters regarding the principles, conceptions, doctrines, and legal norms related to land law after post regional autonomy. The research specifications in this research are descriptive analytic using secondary data, including primary legal materials consisting of statutory regulations, official records or minutes of the formation of laws and regulations relating to the issues discussed, and secondary legal materials including books, legal journals., and papers. This study result is that agrarian land policies began in the reform era during the reign of President BJ Habibie, who issued Presidential Decree No. 48/1999 concerning the Policy and Regulatory Study Team in the context Landreform implementation. This policy applies simultaneously with the initiation of regional autonomy. The existence of agrarian reform, especially in the land sector, aims to be advanced, just and independent. The transformation of agrarian reform lies in the arrangement of agrarian resources in an effort to eliminate gaps in land tenure rights and change the pattern of agricultural life to be more productive and sustainable.


INTRODUCTION
This is a breath of fresh air after 30 years of President Suharto's term, the Indonesian system of government has become increasingly centralized and autocratic. Indeed, these two features of governance are mutually reinforcing and tend to ignore the needs of regions and communities.
Since President Suharto stepped down in May 1998, Indonesia has experienced a dramatic push towards democracy. Marked by free elections, press freedom, and calls for reform nationally, this democratization process also raises regional demands on the central government to decentralize its powers and functions. While decentralization also has the potential for unrest in the short term, demands from the regions for greater autonomy are now too strong to ignore. 3 In the long term, decentralization has the potential to stabilize political, economic and social conditions in Indonesia. What is needed, however, is a realistic timetable for decentralization that balances demands for regional autonomy with the capacity of local governments to carry out their new functions. The new policy of decentralization and regional autonomy is outlined in Law no. 22 of 1999 concerning Regional Government and Law no. 25 of 1999 concerning Financial Balance between Central and Regional Government 4 . Both laws are based on five principles: 1) democracy, 2) community participation and empowerment, 3) equity and justice, 4) recognition of potential and diversity in the regions, and 5) the need to strengthen regional legislatures. 5 These five principles support Indonesia's push for reform, which continues to strive to eradicate corruption, collusion and nepotism (KKN), within the government bureaucracy. One of the specific reasons behind the policies of decentralization and regional autonomy is that it is impossible for a centralized government system to regulate Indonesia's population of more than 203 million 6 with diverse socio-cultural and religious backgrounds. Strong, competent local government and greater autonomy are fundamental requirements for a country as diverse as Indonesia. The main objective of decentralization and regional autonomy is to bring the government closer to its constituents so that government services can be delivered more effectively and efficiently. This is based on the assumption that district and city governments understand the needs and aspirations of their citizens better than the central government.
Although there is considerable potential for district and city governments to be more responsive to the aspirations of the community, previously political parties and civil society groups in the regions need to be strengthened so that the process of good governance can run well.
Politically, it can be said that the essence of regional autonomy is to restore the "dignity" of the regions which have been controlled by the central government 7 . From this perspective, it appears that regional autonomy which is formulated based on the pluralism paradigm can be said to be part of efforts to save the country. The autonomy granted to the regions will promote and strengthen national integration 8 . Such a paradigm cannot be inferred from only one theory of national integration, but needs to be strengthened from the empirical evidence of countries that have experienced decentralization as a result of excessive control under centralized government, as well as the experience of several countries remaining integrated under autonomous or federated systems. Despite strong support for regional autonomy, it is not surprising that many still perceive the new system as a threat.
One of the things that entered into changes during the reform era or during the implementation of regional autonomy was the standard model for agrarian reform, namely simple land redistribution or land reform. The land object was divided into many plots and given to landless farmers.
Land reform has been carried out during the 1960s to 1990s 9 . In the early period, the objects of land redistribution were mostly non-existing agricultural land and land that was excessively above the maximum ownership limit.

METHODOLOGY
The method used in this study is a normative juridical approach by examining and interpreting theoretical matters regarding the principles, conceptions, doctrines, and legal norms related to land law after postregional autonomy. The research specifications in this study are descriptive analytics using secondary data, including primary legal material consisting of legislation, official records or treatises on the formation of legislation relating to the issues discussed, and secondary legal materials including books, legal journals, and papers.

A. History of Agrarian Law in Indonesia
The constitutional reforms following the fall of President General Suharto's autocratic regime in 1998 gave broad powers to local governments having resulted in Indonesia operating in practice as a "quasi-federation". Regardless of the official name, the asymmetrical system of authority between Indonesian provinces creates variations in the levels of authority and the share of natural resource revenues they receive 10 . Most provinces operate under the post-Suharto regional autonomy system, while special autonomy only applies to the provinces of Aceh, Papua and West Papua. Both regional and specialized authorities have significant pledges to improve the accountability, efficiency, sustainability and equity of resource management, but both have largely failed to fulfill that promise due to failure to implement adequate safeguards and develop local capacities to fulfill their responsibilities.
Regional autonomy laws do not centralize control over policymaking and operations in public works, health, education and culture, agriculture, industry and trade, investment, environment, land administration, and co-operative and labor affairs, and thus relocate about two-thirds of the total Indonesian civil servants for local government. Indonesia's regional autonomy legislation is often cited as an explosion of radically rearranging powers and responsibilities.
Therefore, the new political class is under strong popular pressure to immediately reform the highly centralized and predatory state bureaucracy which in the eyes of many people has become synonymous 10  Decentralization can make resource management more appropriate to local conditions, responsive to local communities and market needs, changing environments, and respecting local rights.
However, without the 2 safeguards and preparations mentioned above, the promise of decentralization is limited to a few regions with exemplary local leadership. 13 Although decentralization relocated broad powers to local governments, in particular, authority over the allocation of oil, gas, mining and forestry concessions and policymaking was largely retained (or revoked in a later revision of laws) by central ministries. This is, in part, due to the lack of clarity in decentralization laws, and contradictory (and strictly, unconstitutional) sectoral laws that attempt to recentralize power over lucrative resources. Although some regional century to the end of the 20th century.
The emergence of Indonesia from a colony to become a sovereign unitary state has changed the agrarian structure. As an agrarian society with about 60 percent of the population working in or living from agriculture, the government is bound to manage natural resources such as land, water and the wealth they contain as best as possible to realize the welfare of the community. However, the presidents who ruled the country for the past 50 years have mixed opinions about its use, exploitation and management. Therefore, various agrarian policies will be described, including their implications and impacts on agricultural and rural development.
Land fragmentation, poverty and land hunger will be exposed among others. Institutions at the national, regional and local levels will also be discussed as they play an important role in policy implementation. How well people in large rural areas respond to policies depends on local needs. In its quest for staple food selfsufficiency since the 1960s, Indonesia has enthusiastically supported the Green Revolution, which has unwittingly led to an accumulation of land in the hands of the rich. As a result, rural unemployment has increased along with rice production. Moreover, the implementation of land reform and tenancy reform is practically neglected in programs such as developing an integrated legal framework, compiling a national land use map, administering land administration and certification, etc.
Beliefs about the need for and a national justification for the implementation of reform must come from the Indonesian government and political elites. Every step forward in this direction is likely to make a positive contribution to overcoming the current multi-crisis situation.
A key finding since the mid-1997 crisis, the country's legal system has been loosened up and subordination of laws and regulations has been severely weakened. The spirit, interpretation and meaning above are highly recommended to be instilled in the upcoming Agrarian Reform Law, as well as to remind the "sectoralism" in all related laws that have been promulgated previously.
It is highly recommended that the passage of the Agrarian Reform Law referred to above be passed by Parliament in the shortest possible time to prevent anarchist activities and conflicts from becoming wider. 21 The drafting of a bill can be assigned to a relatively small but independent national committee, which sits outside of parliament and consists of dedicated experts and other indestructible members. 22 The increase in agrarian conflicts, land grabbing/reclamation, illegal logging and other violations have demanded the establishment of special regional courts, to prevent more widespread violence. This may not be limited to rural areas. As the number of poor landless people continues to increase, and a diseased manufacturing sector is unable to absorb a labor surplus of 2.5 million annually, pulling back from agricultural development as a driver to revive economic growth 19 Undang-Undang Pokok Agraria (No. 5/1960)  seems inevitable. Empowerment of the farmer population must include the formation of a free farmer organization, which is ideally represented in the DPR, DPD, DPR and MPR (national). In order to solve the problem of the sectoral approach in the Agrarian Reform Law, it is necessary to immediately enact the "Overarching Agrarian Law".
Or the Presidential Instruction should be effective to redirect Sectoral Actions (introduced by the Technical Department). Some argue that it is impossible to find political will to carry out agrarian reform now when Indonesia is still experiencing an economic crisis. Even at the end of the 1970s when Indonesia experienced political stability and a high growth rate of 7 percent of PDB, the government did not take advantage of the moment to carry out land reform in its development plans but maintained the Basic Agrarian Law (BAL) 5/1960 as a reference.
Another alternative solution is to popularize "best practice" experiences by allowing district heads to formalize land use through regional consensus (leveraged land reform). However, what needs to be considered is that this can lead to conflicts between regions if there is no National Land Use Map available. A quick solution is needed to solve the controversial problem between chapters III. 23 The regional and district governments were confused and critical of the issuance of the above Presidential Regulation because it did not contain legal authority to override an article in a law. This understanding has been revitalized after the 1998 Reformation. The National Land Agency (BPN) which is supposed to be the coordinator in agrarian management must be strengthened again if the sectoral approach is to be overcome. Currently BPN does not have the authority to coordinate, and is only the administrative body for land  Understanding the dynamics of cross-regime agrarian policies is also a 34 Syaikhu Usman, Regional Autonomy matter of providing wisdom, lessons so that policymakers no longer exacerbate agrarian problems and repeat bad historical legacies in agrarian management.
One of the standard models of agrarian reform is simple land redistribution or land reform. The land object was divided into many plots and given to landless farmers. Land reform has been carried out during the 1960s to 1990s. In the early period, the objects of land redistribution were mostly non-existing agricultural land and land that was excessively above the maximum ownership limit. However, due to political changes in the new era of government since the 1970s, these land objects turned into abandoned state lands.
Since Meanwhile, access reform is related to post-activity asset reform, namely how to manage land that has been obtained by farmers, either by providing education, training and mentoring facilities and infrastructure that support productive agricultural activities integrated with economic pillars to advance farmers well-being. The transformation in the concept of agrarian reform refers to the formation of an agrarian society that is integrated into the economic pillars to improve welfare, especially with the formation of regional autonomy. Asset reform is urgently needed to provide certainty for community rights in cultivating land. Through the certainty of these rights, enable the recipient of assets to utilize and use them. In addition, there is a need to ensure the sustainability of benefits received by land redistribution rights recipients through the development of appropriate access reforms. In implementing agrarian reform, a comprehensive transformation of the national agrarian policy from the government and technical stages is needed so that the program can run well. This means that the agrarian reform program is not a land redistribution program, but a program that must be supported from infrastructure, investment policies to security.
Several stages that will be carried out are: 1) Availability of agrarian data a) Provision of maps of land control and use, namely holders of land rights, area and land use, land allocation; b) Determining the redistribution of abandoned, excess and absent land c) Examining soil data in the form of height/contour, suitability, soil structure, rainfall, soil moisture. 2) Establishing a special agrarian court.
This is intended to immediately resolve problems if land disputes occur as a result of the program. This special court is established in every city/regency, but the most important thing is that the making of the court must be guided by  factors. Therefore, many experts think that the Agrarian Law is a "sensitive law", because it is related to family law, inheritance law and economic law as well as administrative law, constitutional law and even human rights. The history of Indonesian land law has noted that the state's preference for farmers was expressed through land reform policies, although it failed. The current agrarian reform policy seems to have received attention from the government. Referring to the above problems, in line with the philosophy of Indonesia's goals, Indonesian policy and law enforcement should aim at the welfare of the community, especially farmers, as a vulnerable group that must be protected by law in order to increase their role as affimative action, through certain policies. Without special attention to issues related to the scarcity of agricultural land for Indonesian farmers, it is difficult for Indonesian people to survive the long-term crisis due to control over agricultural products by the free market. On the other hand, globalization has become the expansion of politically defined economic activity across national and regional boundaries through increasing the movement of goods and services 42 , including labor, capital, technology and information through trade and services.
The agricultural land agrarian policy is an important part of the process of embodiment of agrarian reform, especially in dealing with agrarian land problems or conflicts in Indonesia. The restructuring of agrarian resources through agrarian reform policies aims to reform land agrarian resources to help people achieve justice and prosperity.

CONCLUSION
The agrarian land policy began in the reform era during the reign of President BJ Habibie, who issued Presidential Decree No. 48/1999 concerning the Policy and Regulatory Study Team in the context of Landreform Implementation. This policy applies simultaneously with the initiation of regional autonomy. The existence of agrarian reform, especially in the land sector, aims to be advanced, just and independent.
Meanwhile, access reform is related to post-activity asset reform, namely how to manage land that has been obtained by farmers, either by providing education, training and assistance for facilities and infrastructure that support productive agricultural activities that are integrated with economic pillars to advance the welfare of local people.
Several stages that will be carried out are: 1) Availability of agrarian data, 2) Establishing a special agrarian court, 3) Designation of Land for Objects of Redistribution/Land for Objects of Agrarian Reform This stage determines how much land will be distributed to farmer families/cooperatives with which they can improve their welfare, 4) The agrarian reform program is not limited to distributing land to the community, but must be supported by supporting infrastructure as above, 5) Conducting Land Redistribution After determining the land recipient, at this stage the land will be redistributed to prospective farmers or cooperatives and, 6) Supporting Programs. The transformation in the concept of agrarian reform refers to the formation of an 'agrarian' society that is integrated into the economic pillars to improve people's welfare.