FOREWORDPraise and Gratitude I prayed to God Almighty, because
the abundance of his gifts so that I can arrange this paper
properly and on time. In this paper I discuss the Dragon Village
society and their relationship with the land.This paper is made
with an observation directly to the Dragon Village, and some
support from other parties to help resolve the challenges and
barriers for doing this paper. Therefore, I thank to all those who
have helped in the preparation of this paper.I realize that there
are still many fundamental flaws in this paper. Therefore, I invite
the reader, especially the lecturer to give suggestions and
criticisms which can build up. I expect constructive criticism from
readers to further refinement of paper.Hopefully, this paper can
provide a benefit to us all.
Cikarang, July 2014
Author
CONTENTS
FOREWORD1
CONTENT2
I. INTRODUCTIONA. Background3B. Goal4C. Research Question5D.
Methodology5
II. DRAGON VILLAGES PROFILE6
III. LITERATUR REVIEW9
IV. DISCUSSIONA. Lands Function According to Dragon Villages
Wisdom12B. Land Tenure System of Dragon Village13C. Government
Recognition17
V. CONCLUSION18
VI. GALLERY19
VII. REFERENCES20
I. INTRODUCTION
A. Background
Communities with local wisdom and knowledge has existed in the
public life since ancient times ranging from pre-historic times to
the present, the local wisdom is a positive behavior in humans
relate to nature and the surrounding environment that can be
derived from religious values, customs, cultural advice of
ancestors (Wietoler, 2007), who grows up naturally in a community
to adapt to the surrounding environment, this behavior evolved into
a culture in the region and will thrive for generations. In
general, local culture or the culture of the region is defined as a
culture that flourished in the region, whose elements are cultural
tribes living in the area.
Local Wisdom has the function of regulating the interaction of a
community, and how to treat the natural surroundings, including
association patterns that wise and prudent. The values of "Local
Wisdom of Indonesia" is used by our ancestor, because they realize
that life is mutually needs between one and the other, including
the nature around. So,the ancestors were always reflect on the
relationship of Local Wisdom.
In essence, how nature can provide the best for humans, if
humans whose lives depend on the nature, does not apply either to
nature itself. Therefore, in order the nature is not wrath, the
good pattern of interaction between the members of human, between
human and nature, should be maintained based on the values of local
wisdom of the nations. Therefore, the ancestors really care of
nature, including those living in the surrounding, such as;
animals, and herbs that are part of nature itself. Ancestors never
hunt animals, or cutting plant, just due to the sheer pleasure.
Local knowledge is also used as the basis for determining the
functions of the land and systems of land tenure of an area. In
western legal conceptions, understanding social function
essentially in the form of reduction or restriction of individual
liberty for the common good. Instead the concept of social
functioning in Customary Law and National Land Law is part of
original minds of Indonesian, that Indonesia is a human individual
and social human at once, who seek the realization of balance,
harmony and alignment between personal interests and common
interests. National land law does seem based on the wisdom of the
nation.
Tenure system also is fundamental and vital within the scope of
the land, because every region has a clear tenur system with the
aim to maintain the integrity of an area. In addition to issues of
land functions and tenure system, peoples need to be also
associated with the government's recognition of the existence of a
community, and the recognition of the land they own.
Dragon Village society in Tasikmalaya is one of the society
group in West Java that still maintain the local wisdom in the
midst of modernization effect attack. Dragon Village society still
maintain ancestral teachings in determining land functions and
regulate tenure system. The system they use is a system which has
survived for so long in accordance with local knowledge. How
exactly are they in maintaining local wisdom and knowledge in terms
of regulating the land functions and systems of tenure is an
interesting thing to study.
B. Goal
The existence of this paper have a common goal to inform the
reader about the system of land arrangements/land use and the
system of land tenure in Dragon Village society. In addition to
this goal, this paper made as the final project of Agrarian Law
subject.C. Research QuestionThere are three questions that need to
be discussed in this paper,namely:1. What is the function of the
land according to the local wisdom of peoples in Dragon Village ?
How is the practice ?2. How are peoples in Dragon Village regulate
the tenure system ? What is the difference with regulation in Basic
Agrarian Law?3. How is Government recognize the tenure system of
Dragon Village in utilizing their land? Is there any Local
Regulations concerning Dragon Village ? Is there any individual
lands certificate ? Who have individual lands certificate, when and
how many the wide of land in their certificate ?
D. Methodology
The methodology used in completing this paper is a qualitative
methodology. The author dropped directly into the field, namely
Dragon Village to observe the Dragon Village communities in the
environment, interact with them, trying to understand the language
and interpretation of the world around them, and conducted
interviews with the Dragon Village community.
II. DRAGON VILLAGES PROFILE
Dragon Village administratively located in the area Neglasari,
Salawu Sub-district, Tasikmalaya, West Java. Location of Dragon
Village is not far from the highway that connects the Garut city
with the Tasikmalaya city. This village is located in a fertile
valley, with the boundary on the west side of Dragon Village is
limited by the sacred forest because there is ancestral graves. In
south bounded by rice paddies population, and in the North and East
limited by rivers Ciwulan that the source water comes from Mount
Cikuray in Garut. Distance from Tasikmalaya to Dragon Village
approximately 30 kilometers, while the distance from Garut city is
26 kilometers. To reach Kampung Naga from the highway
Garut-Tasikmalaya had to descend the stairs that have been walled
(Sundasengked) until the bank Ciwulan with a slope of about 45
degrees with a distance of approximately 500 meters. Then through
the path down to the river Ciwulan until into Kampung
Naga[footnoteRef:1]. [1: The official website of West Java Province
(Http://disparbud.jabarprov.go.id/wisata/dest-det.php?id=29&lang=id)
]
Dragon Village is one of villages that still can be accessed by
the general public in an era of modernization. Dragon Village has
an area of 1.5 ha. The house in Dragon Village number is always
maintained, which shall not be less and more than 113 buildings.
From the 113 building, the building are total of 110 houses, the
rest is a mosque, meeting rooms and grand homes (rumahagung) that
should not be occupied by anyone. The number of total population of
around 314 people, with a total of 108 heads of households.
Dragon Village residents embraced Islam, which is combined with
the local cultural heritage of the ancestors first. Dragon Village
Society held six times each year traditional ceremony, where men
worship, while women provide the food. Most societiesof Dragon
Village are farming and raising fish. Agricultural crops are
usually planted rice, corn, vegetables. The land in the village is
classified as very fertile, because of the sloping soil texture,
then bounded by the river, and flanked by hills are quite steep.
Because it is located in the mountainous region, the weather
conditions also greatly help the farmers in these villages, all
planted crops can flourish. On the back of the houses, there are
fish ponds, containing catfish, and carp, which are all the time
ready to be harvested and provide a hefty income for the society,
are also used for common needs of peoples such for special
occasions.
The uniqueness of the houses in Dragon Village is all thatched
roofed, bamboo floors and walls (woven / chamber) and the buffer of
houses from the wooden and pegs and facing the Qibla direction.
Shape of the house is the home stage, which is usually under the
house there ready chickens eat the food provided through a crack in
the floor. The layout of the houses lined from top to bottom, from
a distance looks black and white like mushroom plant that thrives.
On the roof of the houses there Sunda emblem depicting peace.
Fertility and peace is deeply felt when we started down the steps
toward the village. There are about 364 steps that need to pass
before reaching the Dragon Village. The stairs are made of stone,
which will be slippery if rain. Looked from the shape of houses,
residents of Dragon Village is very close kinship. This is
reflected in the pattern of inter-group houses and face to face
with a field in the middle of village as a children's play
area.
There is no definite information about the history of Dragon
Village, because in 1956 Dragon Village burned to the ground by the
forces of DI / TII who want to made Indonesia as an Islamic state,
so that the whole document engulfed in flames. But among stories,
believed that their own ancestors is grandparent Singaparana that
the grave itself is located in a sacred forest to the west of
Dragon Village. This grave is considered sacred and always become
the place of devotional visit (ziarah) by the residents of Dragon
Village when they will carry out traditional ceremonies or the
other. Compliance of Dragon Village themselves with fixed visited
the grave of their ancestors and while keeping the traditional
ceremonies, as well as their lifestyle is to stay in tune with the
customs of their ancestors as in the case of religion and ritual,
livelihoods, knowledge, art, language, and until the equipment of
life (household appliances, agricultural and transportation) and so
on with the base because they are so respectful of the culture and
manner of their ancestors. They remain firmly in uphold the
philosophy of life from their ancestors inherited from one
generation to the next. Habits are not considered from their
ancestors are considered 'taboo' to be implemented in everyday
life. Violation of these provisions constitutes as indigeneous
violation that could harm not only to the offender, but also for
the entire contents of Dragon Village.
Admittedly, the Dragon Village has many restrictions, but has
fewer rules. Pamali word is a word that is not negotiable, all
taboos are still taboos. Inversely proportional to the country that
has a lot of rules. Dragon Village community cornerstone/basis in
maintaining local wisdom are the culture and customs. Where they
believe that the culture is derived from nation, while custom
derived from hereditary. They also reject modernization because
they believe that modernization is simply life with style, while
the culture is a lifestyle.
III. LITERATUR REVIEWSince 1970, the land term is more often
used. According to Food and Agriculture Organizations of United
Nations, The land is defined as the natural surface that deserve to
be called a balanced and interconnected with each other, have
attributes ranging from atmospheric biosphere, host rock, land
forms, soils and ecology, hydrology, vegetation, animals and the
result of human activity in the past and present who affirm that
the variable was significant in the human use of current and
future.In agrarian Law,the term of land used in juridicial meaning,
as a meaning that given limited by Basic Agrarian Law. In article 4
stated that On the basis of the right to control of the state as
defined in Article 2 defined the variety of rights over the earth
surface is called land, which can be assigned to and owned by
people who either alone or jointly with others as well as legal
entities. Thus clearly that juridicial meaning of land is earth
surface.[footnoteRef:2] [2: Prof. Boedi Harsono, 2008. Hukum
Agraria Indonesia; Sejarah Pembentukan Undang Undang Pokok Agraria,
Isi dan Pelaksanaannya. Jakarta, Djambatan. Hlm 18]
An understanding of soil types that are important for the
utilization and efficiency of land. Not all types of land can be
used for agricultural land, to build houses, plant establishment,
or as pedestal of road. Every land has its own characteristics that
make an impact on land use in the limited power on soil. Before
land utilizing, should conduct a survey first.Utilization of soil
as a resource not only limited to soil within narrow limits, but
more extensive form as land. Land has an important role in human
life, plants, and other creatures. Humans have always tried to own
and control the land, that will determine the social status of
human life. The diverse of neccesity, mastery of technology, social
and cultural conditions, and different economic society is the
decisive factor in the use of land. Land management is an attempt
by humans in land use so that productivity of land remains high in
a sustainable (long term).The priority of rural land use are
activities (businesses) that requires wide land (space), for
example:1. Agriculture: rice paddies, fields, crops, pastures, and
salting.2. Livestock: poultry, other livestock, grazing.3.
Fisheries: fresh, salted, ponds.In making the classification of the
land, it is necessary to consider the following
matters[footnoteRef:3]: [3: Hasni, S.H, M.H, 2008. Hukum Penataan
Ruang dan Penatagunaan Tanah. Jakarta, Raja Grafindo Persada. Hlm
51]
1. Each classification describe the real situation.2.
Classification adapted to the objectives to be achieved.3. Scale
map of the field should be able to accommodate the details of land
use.4. As can as possible the classifications is accommodate the
classification that ever made.Beside land use system, there is land
tenure system. Land Tenure System not only a sense of ownership
towards something or the land, which includes:1. Right to use
(Accsess);2. Right to master (Control);3. Right of Ownership either
to plant, water, livestock, and so forth.Property Right is a bundle
of characteristics of exclusivity, inheritance, transfer and
implementation mechanisms. (Alchian and Deusetz).The typology of
property rights:- Individual (private)- Belong Together (Common)-
State-owned- Open Access that associated with the situation where
no clear ownership rights.Land rights are owned by a person or
group of people over a piece of land which is guaranteed by the
common law or state law. The ownership rights not show the
relationship between people and objects, but relations between man
with all the property (land).
IV. DISCUSSION
A. Lands Function According to Dragon Villages Wisdom
Land in Dragon Village is about 1.5 ha, exploited by peoples
with base local wisdom of Kampung Naga society. Dragon village
settlements have been established for over 600 years and until now
they are still following the ancestral rules even though the era of
modernization has been happening everywhere. The functions of the
land itself is to complement a primary needs of Dragon Village
community, namely the need for food and shelter.
Food needs comes with way to use the land for farming by
communities of Dragon Village. The majority of peoples take
advantage of Dragon Village land to grow rice. Rice plant has a
system of 'Janli ", which is people will start to grow
simultaneously in January and July. The way to cultivate land is in
the traditional way, using a hoe to plow the field (human power).
Besides growing rice, the land is also used for planting other food
needs, for example, tea, vegetables, and others.
To complement the needs of the board (house/building), people
utilize the functionality of Dragon Village land as public land for
housing, community facilities such as meeting places and mosques,
and also as field of children's games. In completing the
construction material needs, Dragon Village communities plant trees
and bamboo that will be used for the renovation of the building.
Trees commonly planted are Manglid and Albasiah.
In addition, beside the land serves to complement the needs of
primary, community in Dragon Village is also functioning land as a
counterweight to the environment, in order to maintain
environmental sustainability. That is why, peoples in Dragon
Village still retains a protected forest on the left and the right
settlement. Their decision bring Dragon Village to become
'environmental friendly village'.
So, the function of land in Dragon Village community is already
running properly and in accordance with the allotment of land, so
the land can gives benefit for the peoples.
B. Land Tenure System of Dragon Village
In Dragon Village community, land tenure system is divided into
2 parts, the land inside the fence and outside the fence area,
which is bounded by a bamboo fence. Land within the fence (Dragon
Village), is an area of 1.5 ha of land and the common property,
which is customary rights(hak ulayat). Land contained within this
fence has an unlimited period of time, can not be traded,
non-transferable, but may be inherited. Typically, the land inside
the fence used for residential purposes, custom activities, and
arable land. Dragon Village Society uses the principle of communal
rights to land inside bamboo fence. Van Vollenhoven in his book :
Een custom-wetboekje voor het Indonesie, 1925, asserted that
communal rights (beschikkingsrecht) can only be owned by the
partnership law (gem eenschappen), in the form of belongs with the
customary law community and can not be privately owned. Communal
rights can not be separated forever. If remove it temporarily to
the "foreign" and result in a loss, then the foreigner must make
restitution to the union law that has tanah.[footnoteRef:4] [4: Edi
Ruchiyat,1999, Politik Pertanahan Nasional Sampai Orde Reformasi,
Penerbit Alumni, Bandung, hlm 34.]
While land outside the fence / out of Dragon Village, the land
is a privately owned (in accordance with government regulations).
Because even though Dragon Village peoples retain their custom, but
they state that they will stay obey to government regulation.
Implementation of government regulations on tenur system can be
seen in the region outside the fence of bamboo Dragon Village that
also liveable by Dragon Village community
Law no.5 of 1960 on Basic Agrarian Regulations called the Basic
Agrarian Law (hereinafter abbreviated BAL) set the major issues
regarding the control, ownership, use, and land use in Indonesia.
BAL embracing conception of land rights derived from customary law,
which has the basic pattern communalistic and contain private type
and filled with religious atmosphere. This is in accordance with
human nature that duumvirate is as individual beings and social
beings. Therefore, the right to land that strongest and fullest
does not mean it is absolute, unlimited, and can not be contested
as the nature of eigendom rights (the absolute right of an item,
belong, belongs), but constantly glued by higher interest the
social nature to bring prosperity for all people in
Indonesia.[footnoteRef:5] [5: Herman Soesangobeng, 2003, Kedudukan
Hakim dalam Hukum Pertanahan dan Permasalahannya di Indonesia,
Pusdiklat Mahkamah Agung RI, Yogyakarta, hlm. 22.]
The duality of the national land law have ended with the
unification of the national land laws by making BAL as national
land law. All rights existing prior to the BAL should apply and
will be converted into the new rights by BAL. BAL has set the
conversion provisions of the rights of the west (land right
designated in the Dutch colonial era) and the Indonesian rights to
land as set out in Part Two of BAL. In the implementation of the
conversion of provision, to secure the status of the land owner,
the BAL states that only Indonesian citizens can become the land
owner.[footnoteRef:6] [6: Warman K, Sardi I, Andiko, Galudra G.
2012. Studi Kebijakan Penguatan Tenurial Masyarakat Dalam
Penguasaan Hutan. Bogor, Indonesia. World Agroforestry Centre -
ICRAF, SEA Regional Office and Perkumpulan untuk Pembaruan Hukum
yang Berbasiskan Masyarakat dan Ekologis (HuMa). Hlm 19.]
The conversion of (former) Western rights stipulated by Agrarian
Ministerial Decree No.2 of 1960 on the Implementation of Several
Provisions of the BAL, while the conversion of the former
Indonesian rights used the Regulationof Minister of Agriculture and
Agrarian (PMPA) No.2 of 1962 on Provisions Regarding Confirmation
of Conversion and Registration Former Indonesian Rights to Land as
a guide. Recognizing the fact that the (former) Indonesia's rights
in general do not have a letter of proof of the right, then the
proof is based on the evidence of tax letters / landrente,
Indonesia Verponding letter or proof of entitlement by the relevant
authorities. According to the Decree of the Domestic Minister
No.SK.26/DDA/1970, proof of the right are[footnoteRef:7]: [7: Ibid,
hlm.20]
a. Letter of the agricultural tax / Landrente or Verponding of
Indonesia issued before 24 September 1960 and / or prior to the
enactment of the PP. 10 Year 1961 on Land Registration.b. Letters
of purchase, grant, or exchange made before and witnessed by the
village head, before 24 September 1960 and / or prior to the
enactment of the PP. 10 of 1961, expanded to before the enactment
of the PP. 24 of 1997 (replacement for PP. 10 of 1961).c. A decree
of granting rights by the competent authority.d. Letter of proof of
ownership rights issued under the rules of self-government.
With the enactment of the PP no. 24 of 1997 on Land Registration
and Permenag / KBPN No.3 of 1997 on the Regulations of
Implementation of the PP. 24 of 1997, then PMPA no.2 of 1962 is no
longer valid. Accordingly, the provisions of the old conversion
rights (consisting of the rights of western and Indonesian)
enhanced by physical control plots of land for 20 years or more in
a row (Article 24, paragraph [2] PP. 24 of 1997). A person can
acquire land rights with meet the physical aspects, juridical
aspects, and administrative aspects.[footnoteRef:8] [8: Ibid]
Physical aspects contain of location, spacious, boundaries, and
the use / land utilization. It emphasizes the technical aspects of
the operation. Juridical aspects include ownership status, the
subject of land rights and interests of third parties. This aspect
is more emphasized legal and civil rights of other parties over the
land. While the administrative aspects include the petition of
right and other supporting documents, such as proof of ownership /
control, history of land ownership, the process of issuing land
rights decision, until the issuance of the certificate.
The difference between Dragon Village tenure system and BAL that
can be seen are as follows:1. The land registration system : Dragon
Village using private conveyancing system, while BAL using the
title registration.2. The evidence of land rights: Dragon Village
using unwritten system, while BAL using written system.3.The shape
of legal certainty: Dragon Village using the recognition of
Indigenous Chief, while BAL using certificates.4. The determination
of limit process: Dragon Village has been determined since its
inception without change, while the BAL through a survey with
specific unit standards.It can be seen that the tenure system is
based on the Dragon Village is very different from the tenure
systemis based on national law. Differences exist in almost all
parameters comparison. While the equation are as follows:1. Objects
of land rights: The land that has a limit2. Limit type: Fix
Boundary.
C. Government Recognition
Recognition of land tenure systems of Dragon Village does not
receive a written acknowledgment from the government. However, the
government seems to continue to recognize the existence of
indigenous peoples and tenure systems, can be seen from the peace
of the community Dragon Village. Village community was never
bothered by the Government. Because beyond their customary rights,
people still follow the rules of Government. There seems to be a
reciprocal relationship between the community of Dragon Village and
the Government of Tasikmalaya, while Dragon Village crowded visited
by visitors both domestically and abroad (raising revenue region),
then the government gives to the people the customary rights.
Regarding individual land certificate valid at the area outside the
fence of bamboo or outside customary rights area. Certificates of
land at the outside of the fence of bamboo can be owned by anyone,
without any particular limit, as long as the existing in accordance
with Government Regulation.
V. CONCLUSION
The functions of the land according to local wisdom of
DragonVillage community is to complement a primary needs of Dragon
Village community, namely the need for food and shelter.In
addition, beside the land serves to complement the needs of
primary, community in Dragon Village is also functioning land as a
counterweight to the environment, in order to maintain
environmental sustainability.The tenure system in Dragon Village is
diveded into 2, namely : costumary right (hak ulayat) that in the
bamboo fence with wide 1.5 ha that used for common interest, there
is no ownership right because the land is together belonging, and
at the outside of bamboo fence there are individual rights over the
land without special requirements, as long as accordance with
national law, in other words they are using land tenure system of
state.There is no written recognition over Dragon Village existence
or tenure system, but Government still respect the costumary rights
of DragonVillage. Because the community still obey the Government,
and Government get the benefits from DragonVillage.
VI. GALERY
Students with the home owner where students live.
Bumi Ageung of Dragon Village as one of sacred place
Ex-Lumbung as one of sacred place
VII. REFERENCES
http://disparbud.jabarprov.go.id/wisata/dest-det.php?id=29&lang=id
Prof. Boedi Harsono, 2008. Hukum Agraria Indonesia; Sejarah
Pembentukan Undang Undang Pokok Agraria, Isi dan Pelaksanaannya.
Jakarta, Djambatan. Hasni, S.H, M.H, 2008. Hukum Penataan Ruang dan
Penatagunaan Tanah. Jakarta, Raja Grafindo Persada.
Edi Ruchiyat,1999, Politik Pertanahan Nasional Sampai Orde
Reformasi, Bandung, Penerbit Alumni.
Herman Soesangobeng, 2003, Kedudukan Hakim dalam Hukum
Pertanahan dan Permasalahannya di Indonesia, Yogyakarta, Pusdiklat
Mahkamah Agung RI.
Warman K, Sardi I, Andiko, Galudra G. 2012. Studi Kebijakan
Penguatan Tenurial Masyarakat Dalam Penguasaan Hutan. Bogor,
Indonesia. World Agroforestry Centre - ICRAF, SEA Regional Office
and Perkumpulan untuk Pembaruan Hukum yang Berbasiskan Masyarakat
dan Ekologis (HuMa).AGRARIAN LAW - MARRIETTAPage 3
