Preliminary
Build a second national independence had become the slogan of the action FPPI in RI to 62th anniversary celebration of the past. Truly a reflection that the recognition of sovereignty over the length of independence until now never give guarantees on the protection and recognition of Indonesian sovereignty over their own homeland. Behold, the Indonesian nation's agrarian wealth includes all land, water, air, earth, space and natural wealth contained in it as a national treasure that should be preserved and utilized as possible for the prosperity and welfare of the people of Indonesia itself.
Then build a genuine agrarian reform is an absolute necessity to do the mandate of this country stakeholders to ensure that national wealth can be preserved, utilized and management was asked by the Indonesian people. And in the same sense, the movement task today is capable of disseminating the idea of the extent of changes NDK into any recesses of conscious awareness of the political economy of the Indonesian people so as to encourage direct action that is born from the womb that frees the mind to act.
Agrarian Structure in Indonesia Injustice
State of Indonesia is an agrarian country, the population numbering approximately 220 million, of which nearly 70% of its citizens still rely on the agricultural sector. Ironically, since colonialism until today the majority of farming communities is precisely the class that Always haunted by poverty and cheating production. That is, from the beginning until now, there are structural imbalances mastery of the means of production (agrarian resources) so that the occurrence of exploitation to enhance the establishment interests of a group of people. The emergence of many farmers without land or farm workers (the average tenure of 0.5 ha), and the splendor of land disputes between the government and plantation (investors) are often stained by acts of violence and criminalization of peasant struggle, and yet again the number of transfers of land- fertile agricultural land and agrarian resources mastered by investors legally because state policies have been legitimized through a series of evidence that the sovereignty of the Indonesian peasantry either social, economic, and political culture still spout by the Entrepreneur and the ruler who was always on behalf of development simply
Misguided affair chain formed by a string of exploitation by the power of feudal remnants, komperador government bureaucrats, or the power of foreign capital (Imperialist) has caused Indonesian peasant life from day to day and the poor worse off. From the issue of unjust relations of production, mastering timpangnya / ownership of the means of production (land and water) which was monopolized by the landlords, coupled with the existence of such parasitic practices, loan-sharking, debt bondage, middlemen, etc. and not to mention the role bureaucrat capitalists allied with the anti people who actually go to suppress the abuse of position / power to enrich themselves has been a long scenario peasants in Indonesian oppression that often played in the city since the colonial colonialism entrenched in this country.
Indonesian independence struggle should in essence is to liberate people from imperialism, colonialism and feudalism. This means not only political freedom but also purely economic sovereignty, social and cultural rights of all Indonesian people. The effort to overhaul the legacy of structural injustices of colonialism and feudalism as a development platform for realizing a just and prosperous society. These efforts have done in the past with the publication of the Basic Agrarian Law of 1960 (UUPA 1960) and the Basic Law on Production Sharing 1960 (UUPBH 1960), which bersendikan in article 33 Constitution 1945 (original manuscript). However, the emergence of the New Order with the capitalistic development policy has to stop efforts to achieve these lofty ideals. And now, the era of reform who was born in the midst of globalization of the market economy system, has led to increasingly closed the opportunity to do the noble efforts which aspired to by the founders of the Indonesian nation.
Capitalization of Agrarian Policy Indonesia
Folk peasant land seizures that lasted from the days of colonialism, resulted in the loss of farmers' rights over their land and change the function of the soil itself. From land to the tiller (meet local needs) into the ground for the international market commodity (Capitalist landed property) (Gunawan: 2004). Departure from the rental system, the conception of the domain of theory, cultivation / cultuurstelsel until the agrarian revolution, marking the history of people's land seizures have lasted so long. On one side of the making of the Basic Agrarian Law which is expected to provide fresh air for many agrarian conflicts at the level of implementation was not working properly.
Fighting spirit of reform in 1998 which managed to arouse awareness among the farmers to demand his rights are taken away, causing the mass action of the higher petanipun broad scale and reach. Thus encouraging the issuance of MPR No.IX Year 2001 on Agrarian Reform and Natural Resources Management, which mandates the need for agrarian reform in which one of the course is to review the agrarian legislation.
MPR Decree No. IX of 1999 on Agrarian Reform and Natural Resources Management, which recommended changes in products as opposed to the agrarian law reform agaria, was confronted with the reality of the political oligarchy of strengthening the consolidation of power as the engine of capitalism, bureaucratic rent-seeking which is also the modus operandi of national of international capitalism / neo-imperialism, then what precisely is a legal product out agrarian sector and contains the mean-faced, so the impact of privatization on access to capital to exploit the strengthening of agrarian resources and thus minimize the access of the people. For example the Law Number 7 Year 2004 regarding Management of Water Resources, Law Number 24 Year 2004 concerning Determination of Government Regulation in Lieu of Law Number 1 Year 2004 concerning Amendment to Law Number 41 Year 1999 on Forestry to be a Law, and Law Number 18 Year 2004 on the Plantation, and Exemption Number I in 2001 which gave permission .. mine in protected forest
The government also issued a Presidential Decree Number 34 of the National Policy in the Field of Land, in order to give mandate to the National Land Agency (BPN) to make improvements BAL 1960. BPN team established to execute the mandate has been completed with the delivery bill Agricultural Resources.
In some cases, demonstrating the strength of the intervention (dominance and hegemony), foreign (international capital) to manufacture products in the Indonesian agrarian law, which actually shows that the country of Indonesia in the semi-colonial situation (half-colonies).
Law Number 7 Year 2004 regarding Management of Water Resources at the end of the year were born out of recommendations in 1997 out of the World Bank (World Bank), which states that assistance from the World Bank even further for the sector of water resources and irrigation is no longer possible unless a large number of reforms heavily on this sector. And then in April 1998 diajukanlah water sector restructuring program in Indonesia known as the Water Resources Sector Loan Adjustmen (WATSAL).
Presidential Decree Number 34 of the National Policy on Land Division was born from the World Bank project called Land Adminitration Project (Land Administration Project). In observation of Indra Lubis (2003), the first phase of the project lasted from 1995 until 2000 with the aim to establish land markets are efficient and wise and reduce social conflicts over land through the acceleration of land registration. The second phase of the project began in 2001 with a period less than six years, and in early 2004, the Indonesian government and World Bank have set up an advanced program called the Land Management Policy Reform Project (Land Reform Policy Management program). Finally, the Bill of Agrarian Resources, which was popularized as the improvement of BAL 1960, in fact completely dismantle BAL 1960. BAL 1960 was not evaluated, but at the end of the draft states that the enactment of this bill into law will replace BAL 1960. Reform concept version of the World Bank was then known as Negotiated Land Reform, which has been practiced in some countries and get the criticism and resistance from the social movements of civil society.
Last infrastructure Presidential Summit in 2005 has given birth to 36/2005 will be the new biggest threat for the people of evictions and land seizures.
From uculnya many agrarian policies that are not aligned to the agrarian justice, indeed, the people of Indonesia has provided resistance-resistance to the products of Indonesian agrarian law by the action of rejection, but the Indonesian government did not care about people's demands, even when the Act No.7 / 2004 on Management of Water Resources has not been decided by the Constitutional Court because there is a judicial review of the community, the government has to sell water in the Infrastructure Summit 2005. Even the Law of Forestry and Plantation Act has been used to criminalize the actions of the farmers.
So that happened in the case of Presidential Regulation 36/2005, has emerged despite the refusal of the public and Parliament, and even when the government's argument about the Presidential Regulation 36/2005 can be criticized by the critical elements of society, the government projects continue to be protected by regulation 36/2005 and later on his journey back perpres revised with the emergence of the Presidential Regulation Number 65 Year 2006. Sekalipiun appearance was as a result of the insistence perpres agrarian reform movement, but nonetheless it is still repressive and fixed kepenitngan oriented investors. Violence in the next stage occurs when the government issued Presidential Regulation No. 10 of 2006 on the National Land Agency. This regulation placed the institution directly under the National Land Agency and is responsible directly to the president. Also expanded the authority of this institution, sectoral, regional and national levels. In this regulation, the structure of BPN also changed by adding new Deputies Deputies ie conflict resolution, and cases of agrarian disputes and the Land Committee in the future which is filled by agrarian experts and community leaders. In terms of function is also increasingly clear that the BPN works run the agrarian reform. Presidential Regulation No.10/2006 meaning into opportunities and challenges for the perpetrators and supporters of agrarian reform.
Necessity Agrarian Reform Struggle
The structure of agrarian conflict that includes about land ownership, production, distribution, and the articulation of the ways of production, mensyarakatkan that agrarian reform is not merely a change of ownership structure of land (land reform) but also in the management of agrarian resources or natural resources as well as in overcoming the contradictions between industry, capital and agricultural trade with and between urban and rural development.
Indonesia actually has a formal legally put the principles of agrarian reform, namely, as stated in the BAL in 1960, it is appropriate to return in 1960 as an umbrella BAL agrarian law in Indonesia. That BAL 1960 itself also has a weakness, it could be amended, rather than just completely dismantled it and issue legal product sectors. On the other hand BAL 1960 was made in a very long period (almost 11 years) and involving widespread participation of farmers' unions. This is certainly far different from the various products of contemporary Indonesian agrarian law, which was too hasty and without the widespread participation.
In addition, other legal steps that can be done to strengthen the Indonesian agrarian law is to ratify international treaties, or mechanisms at the United Nations (UN Mechanism), for example, for the protection of customary land.
The UN itself, in a report submitted by UN Secretary-General (, A/57/356/27 August 2002), the UN Human Rights Commission (Commission on Human Rights), in resolution 2000/10 dated 17 April 2000 and resolution 2001/25 dated 20 April 2001 has established a Special Rappoteur on the right to food, which the Special Rappoteur believe that access to land is an important key element to eradicate hunger in the world. Special Rappoteur also mentioned, a serious agrarian reform must be policy instruments for reducing hunger and poverty. Reforma agaria will also encourage a real transformation and change reditribusi that not only land, but also includes important elements that lead to agrarian reform can run, including access to water, credit, transport, additional services and other infrastructure.
Back to the Indonesian context, other than within the framework of conflict resolution to the conflict for land, agrarian reform is clearly needed for efforts to create food security, fostering economic development in rural areas, and job creation. Outbreaks of epidemic diseases and malnutrition, and increase in the suicide rate students who can not afford to pay the cost of education is a reflection of how the economic collapse of society.
The reason is that when a conflict between a state, an investor (capital), and the intellectual community, especially the peasants and between urban and rural. Expansion of industrialization, investment and trade have an impact on increasing narrowness of organic farms land damaged by agriculture must be put on industrial products (fertilizers and chemical pesticides) resulted in weak productivity and low prices of agricultural production. Meanwhile, the consumer goods industry product so high that low income farmers drain. Poverty affects farmers massive decline in sales of industrial production.
The contradiction between the towns with (in the village while in the city minus capital surplus capital), this affects the distribution of terasingnya farmers crops, farmers willing to sell to builders of low agricultural output because of debt bondage or minus capital middlemen and loan sharks caught on. Poverty in rural and agricultural prospective not result in urbanization in the cities and engaged in informal sectors. Weak agricultural productivity made the excuse for the government to import agricultural products that actually dropped the price of agricultural products; surplus capital in the city, encouraging the expansion of the city and the articulation of the ways of production, where the agricultural sector is replaced with a shop or housing. If the articulation of production methods led to industrialization, the farmer class position remains clear, namely to become the workers (proletariat), but if the farm used as office, residential, golf course, and so it is emerging is that people declasses (lumpan proletariat) that the phenomenon can we see the urban poor: sidewalk vendors (vendors), thuggery, and other informal sectors. Tragically, street vendors and the urban poor settlements in recent years under the threat of eviction.
So without agrarian reform, political democracy can not be achieved due to the lack of political economic power imbangnya investors with the people. Indonesia's economy and will increasingly become the importer of agricultural products, land tenure which is concentrated in several groups of capital, and massive poverty of farmers in particular and people of Indonesia at umumnya.Bahkan proletarization nation states will be more intensified, because the value is more and more Indonesian labor in the form of source -agrarian resources and abundant labor force will be sucked dry by international capitalism - neo-imperialism from non-democratic countries, because the state is more impartial to foreign investors.
So we can conclude, that the necessity of agrarian reform struggle the same populist democracy meaningful national consolidation. Proletarization where the nation state and the marginalization and exploitation of agrarian resources of this republic has to be eliminated and the second reaffirms national independence, state sovereignty which was measured from the sovereignty of its citizens to land, water, air and all the wealth that is contained by this motherland.
Build a second national independence had become the slogan of the action FPPI in RI to 62th anniversary celebration of the past. Truly a reflection that the recognition of sovereignty over the length of independence until now never give guarantees on the protection and recognition of Indonesian sovereignty over their own homeland. Behold, the Indonesian nation's agrarian wealth includes all land, water, air, earth, space and natural wealth contained in it as a national treasure that should be preserved and utilized as possible for the prosperity and welfare of the people of Indonesia itself.
Then build a genuine agrarian reform is an absolute necessity to do the mandate of this country stakeholders to ensure that national wealth can be preserved, utilized and management was asked by the Indonesian people. And in the same sense, the movement task today is capable of disseminating the idea of the extent of changes NDK into any recesses of conscious awareness of the political economy of the Indonesian people so as to encourage direct action that is born from the womb that frees the mind to act.
Agrarian Structure in Indonesia Injustice
State of Indonesia is an agrarian country, the population numbering approximately 220 million, of which nearly 70% of its citizens still rely on the agricultural sector. Ironically, since colonialism until today the majority of farming communities is precisely the class that Always haunted by poverty and cheating production. That is, from the beginning until now, there are structural imbalances mastery of the means of production (agrarian resources) so that the occurrence of exploitation to enhance the establishment interests of a group of people. The emergence of many farmers without land or farm workers (the average tenure of 0.5 ha), and the splendor of land disputes between the government and plantation (investors) are often stained by acts of violence and criminalization of peasant struggle, and yet again the number of transfers of land- fertile agricultural land and agrarian resources mastered by investors legally because state policies have been legitimized through a series of evidence that the sovereignty of the Indonesian peasantry either social, economic, and political culture still spout by the Entrepreneur and the ruler who was always on behalf of development simply
Misguided affair chain formed by a string of exploitation by the power of feudal remnants, komperador government bureaucrats, or the power of foreign capital (Imperialist) has caused Indonesian peasant life from day to day and the poor worse off. From the issue of unjust relations of production, mastering timpangnya / ownership of the means of production (land and water) which was monopolized by the landlords, coupled with the existence of such parasitic practices, loan-sharking, debt bondage, middlemen, etc. and not to mention the role bureaucrat capitalists allied with the anti people who actually go to suppress the abuse of position / power to enrich themselves has been a long scenario peasants in Indonesian oppression that often played in the city since the colonial colonialism entrenched in this country.
Indonesian independence struggle should in essence is to liberate people from imperialism, colonialism and feudalism. This means not only political freedom but also purely economic sovereignty, social and cultural rights of all Indonesian people. The effort to overhaul the legacy of structural injustices of colonialism and feudalism as a development platform for realizing a just and prosperous society. These efforts have done in the past with the publication of the Basic Agrarian Law of 1960 (UUPA 1960) and the Basic Law on Production Sharing 1960 (UUPBH 1960), which bersendikan in article 33 Constitution 1945 (original manuscript). However, the emergence of the New Order with the capitalistic development policy has to stop efforts to achieve these lofty ideals. And now, the era of reform who was born in the midst of globalization of the market economy system, has led to increasingly closed the opportunity to do the noble efforts which aspired to by the founders of the Indonesian nation.
Capitalization of Agrarian Policy Indonesia
Folk peasant land seizures that lasted from the days of colonialism, resulted in the loss of farmers' rights over their land and change the function of the soil itself. From land to the tiller (meet local needs) into the ground for the international market commodity (Capitalist landed property) (Gunawan: 2004). Departure from the rental system, the conception of the domain of theory, cultivation / cultuurstelsel until the agrarian revolution, marking the history of people's land seizures have lasted so long. On one side of the making of the Basic Agrarian Law which is expected to provide fresh air for many agrarian conflicts at the level of implementation was not working properly.
Fighting spirit of reform in 1998 which managed to arouse awareness among the farmers to demand his rights are taken away, causing the mass action of the higher petanipun broad scale and reach. Thus encouraging the issuance of MPR No.IX Year 2001 on Agrarian Reform and Natural Resources Management, which mandates the need for agrarian reform in which one of the course is to review the agrarian legislation.
MPR Decree No. IX of 1999 on Agrarian Reform and Natural Resources Management, which recommended changes in products as opposed to the agrarian law reform agaria, was confronted with the reality of the political oligarchy of strengthening the consolidation of power as the engine of capitalism, bureaucratic rent-seeking which is also the modus operandi of national of international capitalism / neo-imperialism, then what precisely is a legal product out agrarian sector and contains the mean-faced, so the impact of privatization on access to capital to exploit the strengthening of agrarian resources and thus minimize the access of the people. For example the Law Number 7 Year 2004 regarding Management of Water Resources, Law Number 24 Year 2004 concerning Determination of Government Regulation in Lieu of Law Number 1 Year 2004 concerning Amendment to Law Number 41 Year 1999 on Forestry to be a Law, and Law Number 18 Year 2004 on the Plantation, and Exemption Number I in 2001 which gave permission .. mine in protected forest
The government also issued a Presidential Decree Number 34 of the National Policy in the Field of Land, in order to give mandate to the National Land Agency (BPN) to make improvements BAL 1960. BPN team established to execute the mandate has been completed with the delivery bill Agricultural Resources.
In some cases, demonstrating the strength of the intervention (dominance and hegemony), foreign (international capital) to manufacture products in the Indonesian agrarian law, which actually shows that the country of Indonesia in the semi-colonial situation (half-colonies).
Law Number 7 Year 2004 regarding Management of Water Resources at the end of the year were born out of recommendations in 1997 out of the World Bank (World Bank), which states that assistance from the World Bank even further for the sector of water resources and irrigation is no longer possible unless a large number of reforms heavily on this sector. And then in April 1998 diajukanlah water sector restructuring program in Indonesia known as the Water Resources Sector Loan Adjustmen (WATSAL).
Presidential Decree Number 34 of the National Policy on Land Division was born from the World Bank project called Land Adminitration Project (Land Administration Project). In observation of Indra Lubis (2003), the first phase of the project lasted from 1995 until 2000 with the aim to establish land markets are efficient and wise and reduce social conflicts over land through the acceleration of land registration. The second phase of the project began in 2001 with a period less than six years, and in early 2004, the Indonesian government and World Bank have set up an advanced program called the Land Management Policy Reform Project (Land Reform Policy Management program). Finally, the Bill of Agrarian Resources, which was popularized as the improvement of BAL 1960, in fact completely dismantle BAL 1960. BAL 1960 was not evaluated, but at the end of the draft states that the enactment of this bill into law will replace BAL 1960. Reform concept version of the World Bank was then known as Negotiated Land Reform, which has been practiced in some countries and get the criticism and resistance from the social movements of civil society.
Last infrastructure Presidential Summit in 2005 has given birth to 36/2005 will be the new biggest threat for the people of evictions and land seizures.
From uculnya many agrarian policies that are not aligned to the agrarian justice, indeed, the people of Indonesia has provided resistance-resistance to the products of Indonesian agrarian law by the action of rejection, but the Indonesian government did not care about people's demands, even when the Act No.7 / 2004 on Management of Water Resources has not been decided by the Constitutional Court because there is a judicial review of the community, the government has to sell water in the Infrastructure Summit 2005. Even the Law of Forestry and Plantation Act has been used to criminalize the actions of the farmers.
So that happened in the case of Presidential Regulation 36/2005, has emerged despite the refusal of the public and Parliament, and even when the government's argument about the Presidential Regulation 36/2005 can be criticized by the critical elements of society, the government projects continue to be protected by regulation 36/2005 and later on his journey back perpres revised with the emergence of the Presidential Regulation Number 65 Year 2006. Sekalipiun appearance was as a result of the insistence perpres agrarian reform movement, but nonetheless it is still repressive and fixed kepenitngan oriented investors. Violence in the next stage occurs when the government issued Presidential Regulation No. 10 of 2006 on the National Land Agency. This regulation placed the institution directly under the National Land Agency and is responsible directly to the president. Also expanded the authority of this institution, sectoral, regional and national levels. In this regulation, the structure of BPN also changed by adding new Deputies Deputies ie conflict resolution, and cases of agrarian disputes and the Land Committee in the future which is filled by agrarian experts and community leaders. In terms of function is also increasingly clear that the BPN works run the agrarian reform. Presidential Regulation No.10/2006 meaning into opportunities and challenges for the perpetrators and supporters of agrarian reform.
Necessity Agrarian Reform Struggle
The structure of agrarian conflict that includes about land ownership, production, distribution, and the articulation of the ways of production, mensyarakatkan that agrarian reform is not merely a change of ownership structure of land (land reform) but also in the management of agrarian resources or natural resources as well as in overcoming the contradictions between industry, capital and agricultural trade with and between urban and rural development.
Indonesia actually has a formal legally put the principles of agrarian reform, namely, as stated in the BAL in 1960, it is appropriate to return in 1960 as an umbrella BAL agrarian law in Indonesia. That BAL 1960 itself also has a weakness, it could be amended, rather than just completely dismantled it and issue legal product sectors. On the other hand BAL 1960 was made in a very long period (almost 11 years) and involving widespread participation of farmers' unions. This is certainly far different from the various products of contemporary Indonesian agrarian law, which was too hasty and without the widespread participation.
In addition, other legal steps that can be done to strengthen the Indonesian agrarian law is to ratify international treaties, or mechanisms at the United Nations (UN Mechanism), for example, for the protection of customary land.
The UN itself, in a report submitted by UN Secretary-General (, A/57/356/27 August 2002), the UN Human Rights Commission (Commission on Human Rights), in resolution 2000/10 dated 17 April 2000 and resolution 2001/25 dated 20 April 2001 has established a Special Rappoteur on the right to food, which the Special Rappoteur believe that access to land is an important key element to eradicate hunger in the world. Special Rappoteur also mentioned, a serious agrarian reform must be policy instruments for reducing hunger and poverty. Reforma agaria will also encourage a real transformation and change reditribusi that not only land, but also includes important elements that lead to agrarian reform can run, including access to water, credit, transport, additional services and other infrastructure.
Back to the Indonesian context, other than within the framework of conflict resolution to the conflict for land, agrarian reform is clearly needed for efforts to create food security, fostering economic development in rural areas, and job creation. Outbreaks of epidemic diseases and malnutrition, and increase in the suicide rate students who can not afford to pay the cost of education is a reflection of how the economic collapse of society.
The reason is that when a conflict between a state, an investor (capital), and the intellectual community, especially the peasants and between urban and rural. Expansion of industrialization, investment and trade have an impact on increasing narrowness of organic farms land damaged by agriculture must be put on industrial products (fertilizers and chemical pesticides) resulted in weak productivity and low prices of agricultural production. Meanwhile, the consumer goods industry product so high that low income farmers drain. Poverty affects farmers massive decline in sales of industrial production.
The contradiction between the towns with (in the village while in the city minus capital surplus capital), this affects the distribution of terasingnya farmers crops, farmers willing to sell to builders of low agricultural output because of debt bondage or minus capital middlemen and loan sharks caught on. Poverty in rural and agricultural prospective not result in urbanization in the cities and engaged in informal sectors. Weak agricultural productivity made the excuse for the government to import agricultural products that actually dropped the price of agricultural products; surplus capital in the city, encouraging the expansion of the city and the articulation of the ways of production, where the agricultural sector is replaced with a shop or housing. If the articulation of production methods led to industrialization, the farmer class position remains clear, namely to become the workers (proletariat), but if the farm used as office, residential, golf course, and so it is emerging is that people declasses (lumpan proletariat) that the phenomenon can we see the urban poor: sidewalk vendors (vendors), thuggery, and other informal sectors. Tragically, street vendors and the urban poor settlements in recent years under the threat of eviction.
So without agrarian reform, political democracy can not be achieved due to the lack of political economic power imbangnya investors with the people. Indonesia's economy and will increasingly become the importer of agricultural products, land tenure which is concentrated in several groups of capital, and massive poverty of farmers in particular and people of Indonesia at umumnya.Bahkan proletarization nation states will be more intensified, because the value is more and more Indonesian labor in the form of source -agrarian resources and abundant labor force will be sucked dry by international capitalism - neo-imperialism from non-democratic countries, because the state is more impartial to foreign investors.
So we can conclude, that the necessity of agrarian reform struggle the same populist democracy meaningful national consolidation. Proletarization where the nation state and the marginalization and exploitation of agrarian resources of this republic has to be eliminated and the second reaffirms national independence, state sovereignty which was measured from the sovereignty of its citizens to land, water, air and all the wealth that is contained by this motherland.
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