Tantangan Kebijakan Penataan Spasial Pada Tanah Ulayat Adat: Studi Kasus Di Provinsi Bali (original) (raw)

2023, Development Policy and Management Review

The diversity of indigenous communities in Indonesia is not only a source of national wealth but also creates various kinds of conflicts. One of the most common customary conflicts is disputes over customary land ownership. The triggers for this conflict arise from a variety of sources, such as: 1) clashes between national legal norms and customary law, 2) the vast quantity of communal land administration, 3) land disputes between communities and 4) the existence of land mafias. The province of Bali as an indigenous community in Indonesia is inseparable from land conflicts that have been going on for decades. Some of the factors identified as the root causes of the emergence of customary land disputes in Bali Province include: 1) data factors, 2) indigenous peoples, 3) government, 4) regulations, 5) authorized agencies, and 6) environment. Some short, medium-and long-term policy recommendations can be made to overcome these problems. Short-term interventions can be carried out by increasing socialization and understanding regarding the procedures for recognizing customary land in Bali through the legal awareness village movement, resolving disputes related to land conflicts prioritized through negotiation and mediation, as well as having strict rewards and punishments for officials in charge of land titling. Intervention in the medium term is carried out by repairing and perfecting the bureaucracy and the land titling system to speed up the process of public services, and in the long term it is necessary to align central and regional legal pluralism in sustainable land management and use activities. The settlement of communal land conflicts is very possible with the involvement of various social elements between the government, the business sector, the community or related stakeholders. Development Policy and Management Review (DPMR).

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