The Weakness of Legal Certainty as a Source of Cinta Manis Agrarian Conflict in Ogan Ilir South Sumatra Indonesia

ABSTRACT

Priyo Handoko

Fakultas Hukum dan Syari’ah Universitas Islam Negeri Sunan Ampel Surabaya

As we knew the agrarian conflicts in Indonesia are  rooted from Dutch colonialism policy

which regulated on Agrarische Wet Stb 1870 Number 55 executed by Agrarische Besluit Stb 1870 Number 18. Thus regulation gave Dutch Government a legitimation to run their agrarian policy in Indonesia. From that time a various agricultural problems have occurred and fundamentally unresolved for decades since Indonesian independence. If we examine indepth, an agrarian conflicts that occured during this time can identified as horizontal and vertical agrarian conflicts. The most dominant vertical conflict is between community and the government or state-owned enterprises and private-owned enterprises. The case of plantation land claims or land acquisition for public purposes are few outsanding case on agrarian problems. While the horizontal conflicts most often happened about a double land certificate on the same land field.

This study aims, first want to know about the source of Cinta Manis land conflict in Ogan Ilir South of  Sumatra; second to describe an alternative resolution to solve this land conflict with sociological jurisprudence approach.

The result of this study show that On Cinta Manis land conflict, the parties of conflict are private-owned enterprises (with an army force and police back up) versus Cinta Manis community. A difference perception about the legality of land status as a source of  Cinta Manis land conflict. A local people did not have a legal document to show their right to occupy their land. This condition caused of their lack awareness and knowledge  about agrarian positive law. A lack of need from community to fulfill an administrative procedure for land registration is a big problem in Indonesia especially outside Java island. This caused by a local knowledge and culture which has been live since old time in their community. A socialisation about the new regulation and the effect if they were not obey, it must have been done. Legal positivism an sich is not a best answer to solve an agrarian conflicts in Indonesia, because we already have a living law or customary law know as an adat since before colonialism came to Indonesia. So a local wisdom and adat needed to solve an agrarian conflicts in Indonesia. Without accomodated local wisdom and adat too, it would be raised many agrarian problems after. Besides that, an important thing to solve any agrarian conflict is a legal certainty in law enforcement.