AGRARIAN REFORM STRATEGY FOR AGRARIAN JUSTICE AND POVERTY REDUCTION:

LEGAL AND INSTITUTIONAL ANALYSIS

Lilis Mulyani The Indonesian Institute of Sciences

WHAT do you plan to do? To study the Agrarian Reform program approved as part of the SBYs policy and program in 2007-2014, in particular to analyze how the law and agrarian institutions work to conduct Agrarian Reform Program in the Reformation period; the analysis will include its legal background (incl. ideological and socio-legal setting), and how the program will be implemented. What is the main QUESTION that your research will answer? How does the law and agrarian institutions work to conduct Agrarian Reform Program in the reformation era? WHY is this an interesting/important/useful project? After reformation, the Agrarian Reform movement has been actively giving input to the government on many agrarian issues, including agrarian reform; when eventually, SBY accommodate it into his Presidential vision, and even putting it into one of this policy agenda and program in 2007, it is interesting to seek the real background of the policy. How the SBY would solve the lack of legal and institutional problem that has been long existed as one of the impact of the-not-fully effective UUPA, which has created the agrarian resources managed sectorally? This research will hopefully able to contribute to the agrarian reform development debates and also to seek one -among many ways- to resolve legal and institutional problems in agrarian resource management. HOW will you do it ? This is a qualitative research, funded through LIPIs research scheme for 3 (three) years. This research will be conducted through triangulation of three data collection methods, namely: literature study on agrarian reform, also through in depth interview and intensive discussion with The National Land Agency (BPN), academics, NGOs, agrarian activists, and related institutions, both at national and local level. To conform on how these policies actually implemented in reality, field research will be conducted in two Districts (Blitar in East Java Province, and Pesawaran Lampung Province). Conceptual Framework of the Research

POVERTY
Landless Ownership Ilegallity No/Lack of Livelihood No/Lack of Access No Empowerment
REDUCTION

LAND

Agrarian Reform (AR) Evaluation Process

ACCESS
PRODUCTION & EXCHANGE:

ASSET

CAPITAL

AR IDEOLOGY
CAPITAL MARKET

AR LEGAL BASISType of Soil INSTITUTIONS

Normatively: Constitution 1945 Basic Agr. Law 1960 TAP MPR No.IX/2001 Govt. Reg. 11/2010 Govt. Reg. Bill on Agrarian Refom PRODUCTIVITY Nat. Land Agency (1) institutional reform (2) Accountability (3) Resources Inter-departmental INCOME coordination

Size, Position,

POLICY LEVEL

OTHER ACCESS

Socio-legal setting LEGALITY / Paradigmatic position INFORMALIZAPush factors TION (eksternal i.e. WB, internal i.e. agrarian movement, agrarian academics) Political Will

CONFORMITY

GAP

IMPLEMENTATION OF AGRARIAN POLICY IN THE AGRARIAN REFORM PROGRAM 2007 - 2014

PRACTICAL LEVEL

JUSTICE
Equality o Access Equality of Infor mation Equality of Oppor tunity Rights recognition

WELFARE
Livelihood security Increase in productivity Increase in income Cost and benefit

SUSTAINABILITY
Environtmental sustainability Empowerment programs sustainability Access to other programs

HARMONY
Conflict on land prevention Certainty on ownership and land boundaries

SOCIETYS RESPONS AND DYNAMICS

SOCIETY LEVEL SOCIALIZATION

ADAPTATION

NEGOTIATION

RESISTENCY

Internal Factors: Culture Societys norms Perception

External Factors Lifestyle (consumerism) Government Policies