Corresponding Author: I
Wayan Gede Suacana
E-mail: [email protected]
INTRODUCTION
Along with high population
growth, the use of land and space is also increasing because humans need space
to live and carry out their activities. If this is not controlled early on, a
disorderly environment will result. This kind of situation needs to be
immediately anticipated because future developments will give rise to many very
complex problems, not only involving physical problems but also non-physical
problems such as the problem of unavailability of road access for land owners.
Land problems have become
increasingly complex, especially in urban areas (Prihatin, 2015). This is due to high levels of
urbanization, which creates an imbalance between the supply of land and the
balance of supply and use of the number of people who need land while the land
area is fixed (NUGRAHA, nd). As a result, residential settlements are haphazard
or chaotic, and settlements appear as slums with low environmental quality due
to the lack of infrastructure and facilities (Suacana, 2022).
Land prices tend to increase in urban areas, resulting
in difficulties for the government in providing land for development needs (Ramadhona, 2017). The lack of city development funds affects the
services the government provides to the community, and in quantity, they are
smaller than the actual needs. If this happens for a long time, city growth
will be uncontrolled, creating a disorganized city with low environmental
quality and slums.
With the increasing need for land, it is necessary to
accommodate various activities in a spatial plan. The facts show that many
conflicts occur due to the unavailability of road access to the main routes for
land plot owners. This shows the need for a land management system that
regulates land use and provides welfare for the community. One way to achieve this is
through land consolidation activities.
Soil consolidation is usually
carried out in several stages. These
stages include preparation, data collection, arrangement, and construction.
Preparation activities include selecting a location, exploring the area,
counseling, and determining the area. The evaluation results show that the
location selection stage determines the success of implementing land
consolidation. In general, problems that arise in the implementation of land
consolidation are caused by errors in the previous location selection stages.
There is concern that when carrying out the location
selection process, there needs to be an intensive communication process between
all agencies that are members of the Provincial Control Team and the
Regency/City Coordination Team. This means substantial communication has yet to
occur when selecting and determining land consolidation locations.
Based on the background above, the objective of this
research is to understand and analyze how urban soil consolidation can provide
solutions to these problems and improve environmental quality and natural
resource conservation by involving active community participation. Therefore,
the benefits of this research can help identify effective soil consolidation
techniques in the urban context. The implementation of solutions found can
improve the city's environmental resilience to natural disasters such as landslides,
erosion, or floods. And through active community participation in research and
solution implementation, people can feel responsible for the environment in
which they live. This not only increases environmental awareness but also
builds stronger relationships between residents and local governments, as well
as among community members.
METHOD
The research
focuses more on a qualitative approach considering the nature and scope of
research problems, which are multidisciplinary, blend, and intersect with each
other, so the analysis results are presented in the form of analytical
descriptions (Kutha Ratna, 2004, 46). The choice of qualitative research type
is also based on considerations of the phenomenon to be studied, namely
regarding the relationship between data and facts, local wisdom, bureaucratic
culture, and public services, which are plural in terms of ideas/thoughts that
develop in specific social communities.
Most types of
research data include qualitative data, while others include quantitative data.
Qualitative data takes the form of expressions and explanations from several
key community figures in the form of descriptions, narratives, and points of
thought. The research instrument is an unstructured, in-depth interview guide
in the form of open questions, which allows each question to develop in a more
specific direction. Apart from that, it is also equipped with a recording
device and digital camera, as well as field notes and overview cards, which
record what was seen, heard, experienced, and thought during the data
collection process.
The informants in
this research are relevant officials and academics who are considered to
understand the problem. Determining informants is first carried out by
purposively searching for several potential informants, namely by selecting
people who are chosen carefully to be relevant to the research design. The
selection of informants is based on a snowball system, namely one respondent
who has been selected and then carries out a "follow your nose" work
system, namely sharpening your sense of who else can provide information to
complement the research results.
Research data
collection techniques are carried out interactively and non-interactively.
Interactive data collection was carried out through observations and in-depth
interviews. Meanwhile, the non-interactive method uses documents.
Table 1. Stages of research activities
|
No
|
Activity
|
Indicator
|
|
1.
|
Preliminary Survey
(Primary research and members)
|
Description of Urban Consolidation in Indonesia
|
|
2.
|
Preparation of a
list of data requirements
|
List of data required for research
|
|
3.
|
Field data collection
|
Research data
|
|
4.
|
Interview
|
Information on Urban Land Consolidation Programs in
Indonesia
|
|
5.
|
Data tabulation
|
Tabulated data
|
|
6.
|
Data Editing
|
The data is ready to be analyzed.
|
|
7.
|
Data analysis
|
Analysis results
|
|
8.
|
Discussion of research
findings
|
Refinement of analysis results and reporting
|
|
9.
|
Reporting research results, seminars, and scientific
publications
|
Refinement of study results
Seminars and journal publications
|
Data analysis, which consists
of three main activities, namely data presentation, data reduction, and
conclusion drawing/verification, is a series of activities inseparable from one
another. Data presentation is based on similarities, differences,
relationships, categories, main themes, concepts, ideas, and logical analysis
of initial results and weaknesses or gaps in the data. After the data is
presented, it is described by building categories that place behavior on the
processes that occur by organizing the data around topics or main questions.
The results of the data analysis are presented by
combining informal methods (descriptive-narrative) with formal methods
(creating various charts, tables, and images). The informal method of
presentation (descriptive-narrative) or using descriptions in words is carried
out by explaining the condition of the subject being investigated as it is,
based on facts at the time the research was carried out. Data presentation is
made systematically and efficiently so that it is easy to understand and can
provide optimal clarity.
RESULTS AND DISCUSSION
Foundation for Implementing Urban Land Consolidation
An activity carried out by the government, such as urban
land consolidation, must have a strong foundation because implementing this
activity concerns the public interest. With a strong foundation, urban land
consolidation can be carried out well without any worry that once urban land
consolidation is carried out, it will cause new problems. The basis for urban
land consolidation is as follows:
1) Philosophical Foundations
The
philosophical basis for urban land consolidation is Pancasila, in this case,
the Principle of Social Justice for All Indonesian People, inspired by other
Pancasila principles. With the fifth principle of Pancasila, it is hoped that
the Indonesian people will be able to develop noble deeds that reflect the
attitude and atmosphere of family and cooperation.
2) Constitutional Foundation
The
constitutional basis for urban land consolidation is the 1945 Constitution,
especially Article 33 paragraph (3), which states that the earth, water, and
natural resources contained therein are controlled by the state and used for
the greatest prosperity of the people. The explanation of Article 33 of the
1945 Constitution states that the earth and water and the natural riches
contained in the planet are the principles of people's prosperity. The
provisions of Article 33 paragraph (3) of the 1945 Constitution show the
state's position in managing the natural resources contained in Indonesia's
territory.
3) Legal Foundation.
The
legal basis for implementing urban land consolidation can be categorized into 3
(three) parts, namely:
a) The introductory provisions contained in the UUPA are
Article 2, Article 6, Article 12, and Article 14 of the UUPA;
b) b) The material legal basis (the basis that determines)
whether or not urban land consolidation can be carried out on a plot of land
that has been planned and the rights and obligations of urban land
consolidation participants, namely the law of engagement arising from the
agreement between BPN as the implementer of urban land consolidation and the
owner or who controls land as a participant in urban land consolidation. This
material legal basis can be seen from the provisions of Article 4 paragraph (2)
of Head of BPN Regulation No. 4 of 1991, which states that land consolidation
can only be carried out after the owner or person controlling the land gives
their approval. It is clear that the binding force of this material law is
Article 1338 of the Civil Code, which states that agreements made legally apply
as law for those who make them;
c) The formal legal basis (internal administrative) is Head
of BPN Regulation No. 4 of 1991 concerning Land Consolidation, Letter from the
Head of BPN No. 410-4245 dated 7 December 1991 concerning Guidelines for
Implementing Land Consolidation, and others.
Implementation of Urban Land
Consolidation Independently
Regulation of the Head
of the National Land Agency (BPN) No. 4 of 1991 concerning Land Consolidation
is the basis for implementing urban land consolidation in Indonesia (Wijaya & Ana
Silviana, 2016). Article 4 of BPN Head Regulation No. 4 of 1991 states
that urban land consolidation can only be carried out if at least 85% of the
land owners whose land area covers at least 85% of the total land area to be
consolidated express their approval (Arnowo, 2022).
Land Consolidation is
one of the Government's policies in Reorganizing Land Control, Ownership, Use,
and Utilization (P4T) (Arif, 2007). Land consolidation can also be used as a supporting
instrument for Agrarian Reform to improve the welfare and quality of life of
the people, guarantee the availability of land for various development activity
needs, and improve environmental quality by involving community participation
while providing legal certainty of rights to ownership/control of community
land (Arisaputra & SH,
2021).
The introductory
provisions for implementing Land Consolidation activities have been stipulated
in the Regulation of the Head of the National Land Agency Number 12 of 2019
concerning Land Consolidation (Ardani, 2019). From time to time, necessary adjustments have been made
through Circular Letters to address matters that have yet to be regulated
according to current developments. However, for the commonality of perception
in implementing Land Consolidation in the field, Technical Guidelines for
implementing Land Consolidation have been prepared.
Land consolidation aims
to achieve optimal land use through increasing the efficiency and productivity
of land use as well as providing benefits for participants in land
consolidation, and not infrequently in its implementation; there are problems
in the field that the implementation team and land consolidation participants
must resolve.
Policy choices as
guidelines in overcoming problems faced by both the government and society must
have aims and objectives and emphasize the impact of the policies taken by the
government. The government faces various difficulties in providing land or government
land; in this case, the Head of the National Land Agency issues policies by
issuing regulations that refer to regional spatial planning plans, which are
guided by the Head of BPN's regulation no. 4 of 1991 concerning land
consolidation stated that the land of the Indonesian nation must be utilized
for the greatest prosperity of the people (Ridwan & Achmad
Sodik, 2023). To achieve this utilization, it is necessary to
consolidate land to increase the usability and results of land use and to align
individual interests with the social function of land in implementing
development.
Land consolidation as a
development instrument is an alternative development policy that can answer the
problems that occur because of the implementation process and can contribute
positively to regional development. The Regulation of the Head of the National
Land Agency Number 4 of 1991 concerning land consolidation (Ariyani & Parsa, 2019) stated as follows:
1. Land consolidation land policy regarding the restructuring
of land control and land use as well as land acquisition efforts for
development purposes, to improve environmental quality and maintenance of
natural resources by involving active community participation (Article 1) by
realizing an orderly and regular order of land control and use (Section 2).
2. Active community participation forms an agreement between
land rights holders and land cultivators. The state, the object of land
consolidation, becomes a participant in land consolidation to relinquish land
rights and physical control over the land concerned, some of which is
reorganized into new units that will be returned to them. The other part is a
contribution to the construction of road infrastructure and other facilities as
well as financing for the implementation of consolidation (Article 1, Article
6, Article 8).
3. The granting of rights to new land units is carried out
by applicable legislation by providing specific relief for land consolidation
participants regarding their financial obligations (Article 8).
Self-funded urban land
consolidation is a development model for providing land for road infrastructure
and public facilities. To make this happen, active participation from the
community and the private sector is needed, as well as a concrete manifestation
of implementing the social functions of land and creating an ATLAS (Safe,
Orderly, Smooth, and Healthy) residential environment. The implementation of
urban land consolidation is functionally carried out by the Regency/City Urban
Land Consolidation Task Force, which was formed by a Regent/Mayor Decree (Ramadhona, 2017). Through this urban land consolidation, land tenure
status will become legally sure because the final product of urban land
consolidation in Indonesia is a certificate that is the most decisive proof of
control and ownership of land rights.
With this urban land
consolidation, physical land planning will also be carried out so that after
the implementation of urban land consolidation, the use of residential land
will be more effective and efficient, and this land can be used optimally in a
balanced and sustainable manner. This urban land consolidation can be carried
out at the government's expense or independently from the community
participating in urban land consolidation. The costs of implementing urban land
consolidation independently from the community can help reduce the government's
burden on land acquisition issues in residential areas for road infrastructure
and other public facilities and improve the quality of the residential
environment.
To expedite urban land
consolidation activities, the government issued implementing regulations,
namely Regulation of the Head of the National Land Agency (BPN) No. 4 of 1991
concerning Land Consolidation, which is the basis for implementing urban land consolidation
in Indonesia (Harisandi, 2015). Article 4 of BPN Head Regulation No. 4 of 1991 states
that urban land consolidation can only be carried out if at least 85% of the
land owners whose land area covers at least 85% of the total land area to be
consolidated express their approval (Nur Handayati, nd).
In implementing the
arrangement and use of land for urban land consolidation objects, participants
or land owners hand over part of their land as land donations for development,
which will be used for road infrastructure and other public facilities. The amount
of land donated for development is determined based on mutual agreement with
the land consolidation participants by referring to the regional spatial plan.
These provisions are guided by Article 6 of BPN Head Regulation No. 4 of 1991
(IRISA, 2015).
Returning to the
discussion of land consolidation problems, there are several factors behind the
emergence of these problems, including:
1. Many rural areas tend to become slums due to the
increasing need for land for humans, so residents are forced to take the
initiative to organize themselves in providing public infrastructure without
paying attention to the interests of the wider environment.
2. Rural development is relatively rapid due to increasing
population and industrial and trade activities, which give rise to population
and social problems such as the emergence of slum environments.
If this situation is not
immediately handled in terms of utilization or there is a delay in the
government's procurement of public infrastructure and facilities. As a result,
the community will take the initiative to self-regulate, namely building settlements
and public infrastructure, without paying attention to the interests of the
region/environment at large. This situation is both within and on the city's
outskirts and will spread if nothing is done immediately.
Prevention is the best
effort is prevention before the development of this environment. If this is
done after the environment has developed, it can cause problems in the
economic, social, and psychological fields. As a result, it can give rise to
slums and illegal settlements with inadequate public facilities and chaotic
utilities. These slum settlements will be prone to fires and infectious
diseases and are vulnerable in the security sector. Therefore, the formation of
slum settlements needs to be prevented. If it has already happened, it is
better to organize it, considering that it supports government policy in
providing land for public use, resolving land and space problems, housing for
low-income people, and the need for vertical space development. It is necessary
to develop options for providing land in urban areas through community
self-help land consolidation mechanisms.
Self-help consolidation
of urban land is an initiative of the community or other stakeholders outside
the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency,
which has not been included in the activity plans of the Ministry of Agrarian
Affairs and Spatial Planning/National Land Agency by the Regulation of the
Minister of Agrarian Affairs and Spatial Planning/Head of Land Agency Republic
of Indonesia National Number 12 of 2019 concerning Land Consolidation (Suliantoro & Lutfi,
2022). In this Regulation of the Minister of Agrarian Affairs
and Spatial Planning/Head of the National Land Agency concerning Land
Consolidation, it is intended that the arrangement of control, ownership, use,
and utilization of land through independent urban land consolidation can create
an excellent living environment by the spatial plan and the availability of
land for public use by involving active community participation. Self-funded
urban land consolidation is carried out in a participatory and voluntary manner/based
on an agreement between the land consolidation participants.
CONCLUSION
Urban land consolidation
serves as a crucial land policy aimed at restructuring land control and usage
to facilitate development, enhance environmental quality, and sustain natural
resources. This approach emphasizes active community involvement in decision-making
processes, ensuring that the benefits of development are shared equitably among
residents.
The implications of this
research are manifold. Firstly, it underscores the importance of community
participation in urban development initiatives, highlighting the need for
collaborative efforts between government entities and local residents.
Secondly, it emphasizes the significance of socializing land consolidation
policies to stakeholders to ensure transparency and understanding throughout
the implementation process. Thirdly, it emphasizes the necessity of meticulous
planning and coordination in executing urban land consolidation projects, from
team formation to data collection and implementation. Lastly, it highlights the
potential of self-funded urban land consolidation initiatives, which empower
communities to shape their living environments in accordance with their needs
and spatial planning considerations, fostering a sense of ownership and
responsibility among participants.
In summary, urban land
consolidation, when implemented with active community participation and careful
planning, holds the potential to not only improve environmental quality and
optimize land usage but also to foster social cohesion and empower local communities
in urban development processes.
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