PEROLEHAN TANAH OBYEK REFORMA AGRARIA (TORA) YANG BERASAL DARI KAWASAN HUTAN: PERMASALAHAN DAN PENGATURANNYA

Indigenous knowledge is proven to be one of the foundations of sustainable land and marine management. While indigenous knowledge is acknowledged as of important factors on maintenance of biodiversity of the planet, it also ensures the sustenance of social and economic system of indigenous community. To facilitate the application of indigenous knowledge on management of customary forest in Indonesia, since 2012, the Government of Indonesia has been providing formal access for indigenous communities to their forests to maintain forest sustainability and to enhance the welfare of indigenous community. Nonetheless, the achievement of sustainable development goals in the scope of forest and conservation area management is threatened by various competing interests and power imbalance, which mostly leads to conversion of naturally vegetated area, as well as the inability of the community to integrate new economic opportunities to its institution. Moreover, the Government of Indonesia has not been regulating the involvement of indigenous community on the management of conservation area. Most importantly, such a program provides no reference on indigenous community, especially on the assessment of authenticity of indigenous community’s forest. Cultural space methodology may fill the aforementioned gaps. The methodology was developed based on the notion of cultural space and land administration, particularly the people-and-land/marine space relationship. Moreover, such a methodology was also constructed based on the experiences of agricultural and maritime communities in Indonesia on the administration of their territories. The methodology provides a procedure to convert information on the interrelation of indigenous community, its cultural space in forest and conservation area, and indigenous knowledge into geospatial information and data that represent the cultural space unit as a geographic feature. Therefore, such methodology may be utilised to assess the authenticity of a long-existing relationship between a community, especially an indigenous one, and its land, particularly that serves conservational function.

The dynamics of the convergence of telematics law within the national legal system, notably in the area of land, are represented by the Minister of Agrarian Affairs and Spatial Planning's Regulation Number 5 of 2020, which also serves as the head of the National Land Agency. One of the effects of land digitization is the Ministerial Regulation, which has changed the mortgage rights registration process from a traditional system to an electronic or digital one. Despite being virtual, the digitalization of Mortgage Rights registration involves actual legal actions with clear legal ramifications. The Land Deed Official is directly involved in the electronic execution of Mortgage Rights, which is governed by the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020. The objective of this study is to investigate the consequences of the convergence of the Law on Mortgage Rights and the Telecommunication Law. This convergence results in the creation of digital-based Mortgage Rights via an integrated Electronic Mortgage Registration system, which is also known as the Electronic Mortgage System. The role and obligations of the Land Deed Official are also affected by this. This study employs a prescriptive, normative-juridical methodology. Based on the research findings, it is known that the conversion of the collateral registration system from a traditional system to a digital system is affected by the convergence of telematics legislation and the law of collateral guarantees. Because of the discord and breakdown of the Mortgage Law, the Electronic Information and Transactions Law, and the Regulations of the Land Deed Official, this also affects the status and legal obligations of the Land Deed Official, who fails to maintain the principle of justice..

The Electronic Mortgage Rights System was established through the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020. The Electronic Mortgage Rights System is an integrated electronic registration service for Mortgage Rights aimed at maintaining data and providing efficient and effective services in the registration of Mortgage Rights. However, this Electronic Mortgage Service has implications for the position and legal responsibilities of the Land Deed Official as stipulated in Article 20, paragraph (4) of the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency number 5 of 2020. Therefore, based on the concept of progressive legal theory, a Land Deed Official is entitled to legal protection from the substantive errors of a regulation that is less favorable. This research aims to examine the issues regarding how the concept of legal protection for Land Deed Officials within the electronic mortgage system is viewed from the perspective of progressive law. This research method is of a Juridical Normative nature with a prescriptive approach. Based on the research findings, it can be concluded that from the perspective of legal protection theory and progressive legal theory, it is incorrect to burden the Land Deed Official with legal responsibility for the accuracy of data and the validity of documents that were not created by them, but rather provided by the data and document owners who should be responsible for the accuracy of that data and the validity of those documents. It is also incorrect for the Land Deed Official to create and sign a "Statement" regarding the accuracy of data and the validity of documents uploaded through the electronic Mortgage Registration System, as this "Statement" should be made and signed by the Debtor and Creditor as the owners of the data and documents. Therefore, the Land Deed Official deserves legal protection from regulations that substantially do not favor them, as these impose responsibilities beyond their authority. Based on that conclusion, it is recommended to reconstruct Article 20 paragraph (4) of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Regulation number 5 of 2020, and to transfer legal responsibility to Debtors and Creditors as the parties involved in the Electronic Mortgage System, in order to build a legal framework that aligns with the future legal ideals in Indonesia, through a holistic approach that includes legal reform, institutional capacity building, and strengthening ethics, morals, and professionalism in positions.

Land tenure and ownership in Indonesia are marked by two interrelated structural problems: limited land availability to meet development needs and the concentration of land ownership in the hands of a small group of individuals or business entities. This concentration restricts access to land for much of the population, particularly marginal farming communities whose livelihoods depend on land cultivation. Accordingly, agrarian reform is necessary to restructure land tenure, ownership, use, and utilisation in a more equitable and sustainable manner. West Java Province, as Indonesia’s most densely populated region, faces acute challenges due to limited state land availability and a high proportion of low-income residents. In this context, agrarian reform must be treated as a development priority. This article examines agrarian reform as a regulatory and social engineering instrument aimed at achieving national development objectives, particularly food self-sufficiency and poverty alleviation, using West Java Province as a case study. The findings demonstrate that although agrarian reform in West Java has been relatively well planned and implemented, its effectiveness is constrained by insufficient budgetary support and limited involvement of Regional Government Agencies (Organisasi Perangkat Daerah/OPD), especially in the execution of access reform programmes such as economic empowerment initiatives for agrarian reform beneficiaries. The study argues that stronger institutional coordination and enhanced collaboration among OPD are essential to improve access reform and to realise food security as a central objective of agrarian reform.

Indigenous knowledge and associated indigenous resource management practices are at the root of sustainable land and marine management. Typically, they point to the necessity of maintaining biodiversity and of ensuring the sustenance of social and economic systems, which benefit the well-being of indigenous communities. Conscious of these core attributes, the Government of Indonesia has enabled formal access for indigenous communities to forests for their livelihoods. Nonetheless, meeting the sustainable development goals through such forest management and conservation in Indonesia is threatened by various competing interests and power imbalances. These lead to the disproportionate conversion of naturally vegetated areas, as well as the inability of communities to benefit from economic opportunities. Moreover, the Government of Indonesia has insufficiently regulated the utilisation of indigenous knowledge to conserve the forest areas. This creates a policy design and implementation gap which is not properly understood or addressed. In this conceptual article, we posit that applying cultural space methodology fills the gaps. This methodology combines cultural space and land administration concepts and connects people to land and marine space. This article discusses how and why using the methodology proves to be effective for agricultural and maritime communities in Indonesia and helps to reform the administration capacities of the territories. It identifies and assesses people and land/marine space relationships by the existence of (1) knowledge, practices, and/or objects that represent the relationship, (2) the social, economic, and environmental function of space for the community, and (3) administration of the forest and conservation areas. The methodology also provides a procedure to convert information on the interrelation of the indigenous community, its cultural space in the forest and conservation areas, and indigenous knowledge into geospatial information and data that represent the cultural space unit as a geographic feature.