Presently, the government, through BPN (National Board for Land Affairs), is taking some efforts to revise UUPA No. 5/1960 (Basic Agrarian Law). BPN has completed their three public consultations intended to shift some inputs and opinions from various groups on the draft proposal for the amendment of UUPA No. 5/1960.
These view and perception that give more emphasis on the management aspect can be seen from the substance amended by BPN that are mostly in articles on the right and technical administration of land, for example about the verification on property right of more than one-story buildings, upper and lower ground spaces, control and possession of small islands, coastal seashore, and “emerging” grounds (tanah timbul), and it also regulates that electronic proofs can be used as legitimate evidence in court. BPN, in its many statements, even expects the possibility for foreign citizens to have house in Indonesia.
Since the beginning, KPA has addressed this tendency in which two competing interests will keep on fighting to determine the direction of agrarian reform in Indonesia through legal spaces such as this amendment of UUPA. The first group is the one considering UUPA No. 5/1960 as a problem and obstacle, therefore, the revision of UUPA is carried out in the framework of creating comfort and safety in business for entrepreneurs.
This very dominant group thinks that UUPA provides an enormous space for the state to intervene land procurement. This group expects the existence of an efficient land market, in which land market is the main road for the business of gaining lands as the bases for the business. Therefore, UUPA revision must give certainties to individual property right and avoid the social function of agrarian resources.
The second group is they who desire to enforce people’s rights on agrarian resources and to free the people from all kinds of repressive system that removes their rights over agrarian resources. This group considers UUPA as a monumental piece of work, in which not only the substance of it that reflects clear defense and support on the people, but also the process that reflects the involvement of many groups.
In facing the situation where the discourse of UUPA revision becomes unceasingly discussed, in fact, this government agenda has been used as a national legislation program (PROLEGNAS) in 2006, KPA along with all elements of its members gives critical response by keep on insisting that the spirits of populism, land social function, and land to the tiller, contained in UUPA No. 5/1960 must be maintained.
However, due to the huge flow of interest and anti agrarian reform movement, the substantial argument that the improvement of UUPA No. 5/1960 to ensure people’s sovereignty on agrarian resources as demanded by KPA is fading away. In fact, the issue developing later is that the improvement means substituting UUPA No. 5/1960 with a totally New Law that absolutely has no attachment with UUPA No. 5/1960 philosophically, historically, and practically.
It is this political dynamic that is used as the foundation by KPA and agrarian legal experts in organizing a second workshop on June 12-13, 2006. The discourse of UUPA amendment conducted by the government must be guided and guarded completely by civilians in order to maintain the amendment process within the corridor of agrarian reform. Moreover, the strategic meaning of this workshop is KPA’s efforts in guiding with certainty to where agrarian reform policy should be directed in Indonesia and to whom this agrarian policy takes side in the process of amending UUPA. In relation to this, KPA has released its main opinion on the current process of amending UUPA No. 5/1960.
0 komentar:
Poskan Komentar