Keywords

Agrarian Problem, Critical Issues, Legal Structure, Human Capital, Information Technology.

Introduction

The main agrarian/land issues faced by the Republic of Indonesia government from the past to the present as if a tangled thread that cannot be described specifically related to the application of legal certainty in the form of land certificates in the land law in Indonesia (Bakker & Moniaga, 2010; Bedner, 2016). As a result, various problems arise in the form of agrarian/land disputes and accumulate in anarchic actions, such as looting and occupying plantation land managed by state forest management institutions (Peluso et al., 2008). The series of records related to economic inequality in this country have not stopped until now, which seems to come in succession without control so that it continues to be a source of problems, for example, dredging and damage to natural resources in this case in the form of exploitation without seeing the sustainability aspects of nature, environment and people. Land clearing massively influences forests and animals, in which forests are depleting and habitat for animal life is increasingly narrowed, not to mention coupled with weak supervision and governance that neglects the importance of environmental functions and benefits for living beings (Kartodihardjo & Supriono, 2000).

Thus, in order to guarantee legal certainty for people's rights to land, land has a certificate, efforts to improve and socialize are very important and urgent to be carried out by the government to revitalize the land law in Indonesia by using an approach (Agustina, 2018). legal system analysis (legal system analysis approach) consisting of three factors, i.e., (1) legal structure; (2) legal substance; (3) legal culture. Furthermore, the three elements that exist in the legal system can be interpreted as efforts to improve the performance of the agrarian/land apparatus in the work environment of the National Land Agency (Badan Pertanahan Nasional/BPN), agrarian/land apparatus based on human capital. independent and can optimize integrated service system by utilizing information and communication technology advances (ICT) in implementing the legal system so that the creation of a legal culture, legal awareness of the community so that the wider community gets services as contained in Article 19 explanation of the law Law Number 5 of 1960 concerning the draft Agrarian Law on land registration must be made and registration of this land will be carried out in a way that is simple and easily understood and carried out by the people concerned. Peter Mahmud Marzuki (Fajar and Achmad, 2013) explain normative legal research is a process to find a rule of law, legal principles, as well as legal doctrines to answer the problems faced by community. Normative law research is done to produce arguments, theories, or new concept as prescription in solving the problem.

Method

This research approach is library research (Soekanto, 1986). Then the data source used is secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, namely materials that provide information about primary and secondary legal materials systematically by explaining the relationship between facts and applicable laws and regulations. Furthermore, the research methodology used is normative juridical namely normative law reviewing the law conceptualized as the norm or rule that applies in society, and becomes a reference for everyone's behavior (Muhammad, 2004) and the nature of this research is analytical descriptive (Soekanto, 1986), description is the precise measurement and reporting of the characteristics of a population under study (Babbie, 1986). Thus, this study is intended to provide as accurate data as possible about the state of being the object of research, illustrating the facts by using qualitative data based on analytical studies on the system of legal structure concerning the contemporary conditions of land law institutions.

Legal System Analysis

Lawrence Meir Friedman (1977) stated that the legal system consists of (1) legal structure, (2) legal substance, and (3) legal culture. Friedman's (1977) theory stated that the structural system or apparatus (legal structure) consists of executives, legislature, judiciary and concerning law enforcement officers who become machines in determining whether or not the law is properly implemented. Legal institutions are structural components or organs that are engaged in a mechanism, both in making regulations, and in implementing or implementing regulations. In Friedman's (1977) theory, this is referred to as a machine, a structural system that determines whether or not the law (legislation) is carried out properly. There is an adage that states "fiat justitia et pereat mundus" even though the world collapses legislation must be enforced (Hardin, 1974). Legislation cannot run or be upright if there is no credible, competent and independent apparatus. How good a law is if it is not supported by a good apparatus, then justice is just wishful thinking. The weak mentality of the apparatus has caused the enforcement of laws and regulations not to work properly (Robertson & Van-Schaik, 2001). Many factors influence the weakness of the mentality of the apparatus, including the lack of understanding and implementation of morality and the recruitment process that is not transparent and so forth. So that it can be emphasized that apparatus factors play an important role in the functioning of laws and regulations (Rice, 2013). If the legislation is good, but the quality of the apparatus is low, there will be problems. Likewise, if the regulations are bad while the quality of the apparatus is good, the possibility of problems arising is still open.

Agrarian Problems in Indonesia

Land clearing massively influences forests and animals. Forests are depleting and habitat for animal life is increasingly narrowed and squeezed, not to mention coupled with weak supervision and governance that neglects the importance of environmental functions and benefits for living beings (Bronfenbrenner, 1977). Pollution, the more frequent disasters occur, the more difficult it is to survive. The environmental management in Indonesia continues to be deprived and depleted of natural resources and also destroyed social capital (Handoko, 2011). Then in the New Order regime (1966-1998), the government focused more on development on economic growth, and began its economic development policy by issuing Law No.1 of 1967 concerning Foreign Investment to attract foreign investment in the management of Natural Resources. With the enactment of Act No.1 of 1967, the escalation of the problem of agricultural land in Indonesia has increased when capital expansion has been carried out to indigenous peoples and other communities in Indonesia (Dauvergne, 1993; McCarthy & Cramb, 2009). According to Iwan Nurdin (2014), there are at least five types of corruption in the agrarian sector that occur in relation to the private sector, government and security forces as follows: First, is the manipulation of plantation compensation. One example is the conflict between companies and communities. An example is the extortion and compensation in the Lapindo mud case in Sidoarjo, East Java. In this case, the determination of compensation prices based on the status of dry land and paddy fields by the authority (Sidoarjo Mud Management Agency/Badan Penanggulangan Lumpur Sidoarjo/BPLS), triggered many illegal charges on affected people. Moreover, the use of operational cooperation land which is suspected of being prone to corrupt practices. Companies that are invited to work together, such coalitions, usually have relations with officials in certain companies or SOEs. Fifth, abuse of authority, many permit issuance processes that do not meet the clean and clear requirements due to abuse of BPN authority. One example is that the land registered as the land in dispute does not affect the issuance of permits on the land for certain companies. Furthermore, based on records of various problems faced by the government of the Republic of Indonesia in these two decades, agrarian/land issues in the form of land disputes accumulated in anarchic actions, such as looting and occupation of land, plantation, forest authority and legal certainty in terms of ownership in the form of land certificate, then the legal structure, namely executives, legislature, judiciary and other law enforcement agencies such as the agrarian/land apparatus is a strategic and vital agenda in an effort to find solutions to various agrarian/land issues that occur in Indonesia.

Legal Institutions and Land Authority in Indonesia

Agrarian/land issues arising from the legal structure are corruption complicating the current agrarian problem in Indonesia, there are still practices of extortion by officers, there are still many practices of brokering by officers and there are no sanctions/strict actions against officers who abuse authority. Meanwhile, from the results of the land administration management system conducted by Corruption Eradication Commission (KPK) (KPK, 2005); coordination and supervision (KPK, 2005-2011); data on public complaints (2004-2010) and integrity surveys (2007-2009), it was concluded that there were still practices of extortion by officers, there were still many practices of brokering by officers and there had been no sanctions/strict actions against officers who abuse authority. This conclusion was conveyed to the President of the Republic of Indonesia by letter Number: B-204/01-10/01/2011 Regarding efforts to improve land management services at the National Land Agency of the Republic of Indonesia. In the letter the KPK recommended to the President to encourage the implementation of follow-up on the KPK's recommendations to the National Land Agency by giving instructions to the leadership of the institution so that the KPK's recommendations were followed up through concrete improvements in the field. Secondly, to encourage the National Land Agency to immediately improve the improvement of land services in Indonesia. On the other hand, conditions related to public services in making land certification at the BPN office are one of the main problems for these institutions that must be addressed immediately. In order not to get further attention, the service performance at the BPN office must be evaluated immediately, so that obstacles are found that affect service performance at the BPN office. As an illustration of how the long process of management is to obtain a Land Rights Certificate at the BPN Office and inefficient, it takes a period of up to eight months, not to mention the relatively expensive cost burden. The community still encounters a number of obstacles when certifying their land to the National Land Agency (BPN). That was stated. In fact, people have great interest in taking care of their land certification. As an example of a description of how the land certificate processing process is currently and related to the condition of the agrarian/land apparatus as follows: The initial step to obtain a certificate of Land Rights (certificate of ownership rights) in general the community as Applicant is required to fulfill the requirements (Wemben, 2010):

1. The applicant submits an application for measurement to the Head of the Land Agency (BPN) in a regency.

2. The basis of the request is the Head of the National Land Agency calls the Applicant to complete the application file at the same time for location measurement.

3. The committee in charge of taking measurements to the location with the knowledge of the village to conduct research on the object of rights as well as making measurements carried out by all boundary owners. The measurement process in the location that is the object of measurement, the officer or committee is approximately two people taking measurements witnessed by the Village or Village government, land owners or the community who apply for land certificates, and witnesses or people who own land and happen to be bordering on the community propose land certificate certifications.

4. The results of research and measurements by the assigned committee are then outlined in the picture of the situation and the minutes of the land inspection.

5. Announcement for approximately one month at either the local village office or at the BPN Office to give anyone who has an interest in the land before being processed.

6. After the announcement period, if no one submits an objection, the file of the application concerned by the Head of BPN is issued SK on Land Rights.

7. Proof of repayment is taken to the Measurement and Land Registration Section to be registered with the land title.

8. After completion of the certificate during the specified time, the applicant is called back to receive the certificate.

From the description above, it can be interpreted that the mechanism for the management of certificates tends to seem complicated as well as the BPN service is always protracted and long if the community wants to take care of the certificate at the National Land Agency. On the other hand, the unavailability of quality human resources and lack of adequate facilities and infrastructure for spatial planning activities including funding is one of the portraits of land management complexity and data base on land use and space use even though the data base is very important for strategic and operational planning and decision making on a land in an area.

Therefore, legal structure and procedure concerning agrarian/land apparatus as human resources at BPN should have credibility, competency, independence and professionalism based on human capital and able to use information and communication technology in order to improve the performance and improvement of land agrarian services to the people in Indonesia in accordance with the instructions of the president of the Republic of Indonesia number 2 of 2018 concerning the acceleration of complete systematic land registration in all regions of the Republic of Indonesia. This instruction states that in the framework of registering all parcels of land in the country as mandated by Article 19 of Law Number 5 of 1960 concerning Basic Agrarian Principles, the government plans to accelerate Land Registration through Systematic Land Registration Complete up to 2025, and for the implementation of the aforementioned activities, hereby instructs the Minister of Agrarian and Spatial Planning/Head of the National Land Agency to (http://sipuu .setkab.go.id/):

1. Complete systematic land registration activities by generating outputs with 3 (three) criteria, namely as follows:

1. Cluster 1 is a land field that meets the requirements to be issued a certificate;
2. Cluster 2 is land parcels that are only recorded in the land book because they have not fulfilled the requirements for issuance of certificates because the land is in a dispute or in court;
3. Cluster 3 is land parcels that are only registered in the land register because they have not fulfilled the requirements to issue certificates because the subject or object does not meet the requirements to be granted land rights in Complete Systematic Land Registration activities or unknown existence;

2. Making regulations and taking steps to accelerate the completion of a systematic Land Registration in the process of proof of ownership and/or control of land;

3. Making/preparing/revising regulations governing the period of announcement of physical data and juridical data to speed up the completion of a systematic Systematic Land Registration;

4. Delivering outputs (Complete Systematic Land Registration output to the One Map Policy Acceleration Team to strengthen the One Map Policy database).

5. Evaluate and monitor and subsequently report on the implementation of the Presidential Instruction periodically to the President of the Republic of Indonesia.

Human Capital and Information Communication and Technology Approach

The treatment to answer the challenges that exist in the Legal Structure on the Condition of Agrarian Apparatus/Land at this time in order to improve employee performance based on Human Capital BPN and able to use information and communication technology (or technology). Human Capital becomes very important because it is a source of innovation and renewal. According to Bontis and Serenko, "Human capital represents the competencies, tacit experiences and overall knowledge-base of individuals and organizations" (Bontis & Serenko, 2009). This means that Human Capital or Human Capital includes three factors, namely competence, experience and knowledge. Therefore, the performance of the Agrarian/Land Administration must be immediately improved through the approach of Human Capital. The term human capital can be interpreted as a combination of knowledge, skills, innovation and one's ability to carry out their duties so as to create a value to achieve goals (Endri, 2010). Then the formation of added value contributed by Human Capital in carrying out their duties and work will provide sustainable revenue in the future for an organization (Endri, 2010).

Furthermore, human capital has a dimension of work accountability, professionalism (a combination of knowledge, skills, innovation and competence/ability), and employee commitment to carry out their duties so as to create a strong value (integrity, service and excellence) that emphasizes on honesty and dedication to national development values and goals. Agrarian/land apparatus as human capital has to have the spirit of workability, professionalism as a combination of knowledge, skills, innovation and competency/ability dimensions and have employee commitment supported by mastering information and communication technology (ICT) creates a value related to organizational goals and level of performance of agrarian/land affairs apparatus.

In the Workshop on Character Development Guidance and Evaluation of Parenting Activities, which was held by the National Land College in Yogyakarta, the movement for character development in social education where character building is the main foundation of national character development and is a transformation and cultivation of Pancasila values in a sustainable manner. Mainly through the exemplary aspects of the academic community, parents, and all education administrators and community leaders. Second, character development is a collective obligation with the reference that the implementation of national character development is the obligation of all ministries/institutions, regional governments, high education, business people and communities, so that all available resources can be utilized to the greatest extent for character development. Third, character development must be dynamic. In order for national character development to succeed and be as expected, its implementation must be carried out dynamically by paying attention to strategic environmental changes, one of which is the rolling of the 4.0 industrial revolution. Fourth, paying attention to diversity and gap level where the stages of character education are achieved in accordance with the diversity of the gap levels of each education unit, namely in urban, sub-urban, to underdeveloped regions by considering the limitations of campus infrastructure and facilities, and accessibility to campus. One of the recommendations from the results of research conducted by the Research and Development Center of the Ministry of Agrarian Affairs as stated in the book "Community Satisfaction Index Research in the Context of the Acceleration of National Land Agency Bureaucratic Reform" published by the Center for Research and Development of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency 2014 stated that the ranks of the Ministry of Agrarian Affairs needed to increase the speed of service, provide certainty in the time of completion of services, and simplify procedures for land services to the public. Another recommendation from the study is that the Ministries of Agrarian Affairs can maintain security, politeness and friendliness, as well as the ability of officers to carry out services to the community.

Moreover, public service activities will never be able to compete, innovate, and produce optimal work without technology and involve apparatus as human resources who are educated based on human capital and utilize ICT to support digital work. These goals cannot be achieved without fully utilizing the transformative power of technology and innovation.

This hypothesis is in line with Mary K. Pratt (2018) which states as follows:

"ICT, or information and communications technology (or technologies), is the infrastructure and components that enable modern computing, the term is generally accepted to mean all devices, networking components, applications and systems that allow people and organizations to be combined. (ie, businesses, nonprofit agencies, governments and criminal enterprises) to interact in the digital world ".

From the definition of ICT, it can be interpreted that the strategic role of ICT, information and communication technology (or technology) is the infrastructure and components that enable modern computing which includes all devices, network components, applications and systems that are combined to enable people and organizations, businesses, institutions non-profit, government and others to be able to interact in the digital world. Thus, it is a belief for all Agrarian Apparatus/Land Affairs of the National Land Agency at this time and also in the future to be able to utilize ICT optimally in the framework of information transparency efforts towards the public, especially those related to agrarian/land data base in Indonesia and mechanisms management of the Land Rights certificate (certificate of ownership rights) at BPN so as to facilitate and improve the community to take care of the Land Rights certificate (certificate of ownership rights). The role and strategic functions of ICT in addition to managing the data base, intensely conducting information dissemination and utilized to improve the quality of service to the community in the land sector such as:

1. Guidance and general administration services in the field of land.

2. Implementation of land registration in order to ensure legal certainty.

3. Implementation and implementation of surveys.

4. Measurement and mapping in the land sector.

5. humans in the land sector. and so according to the BPN Principles (formerly known as the Agrarian Office).

In accordance with the Presidential Regulation of the Republic of Indonesia Number 17 of 2015 concerning the Ministry of Agrarian and Spatial Planning, the Ministry of Agrarian and Spatial Planning (ATR) has the task of organizing government affairs in the field of agrarian/land and spatial planning to assist the President in organizing state government (http: //www .bpn.go.id/) Thus the optimal Human Capital and the use of Information and Communication Technology (ICT), the implementation of services in the field of agrarian/land will run in accordance with the principles of management or governance/an effective and efficient bureaucracy, referring to the principles of good governance towards institutions (organization), management (business process), and most importantly agrarian/land apparatus as human resources at BPN. Thus, it can minimize the factors of inefficiency in the mechanism for managing the Land Rights Certificate (ownership certificate) which seems to seem "convoluted" and break the expensive cost chain, because of the element of fraud (corruption, brokers). Furthermore, with the availability of human resources who have credibility, competency and independence as well as professionalism, and the optimal use of Information and Communication Technology (ICT) as facilities and infrastructure at the BPN, it can create absolute values which encompasses the integrity, service, and excellence of the BPN agrarian/land apparatus in line with the national development objectives based on good governance. In relation to the responsible bureaucratic apparatus, the central issue that surfaced that the issue of good governance would produce a bureaucracy that was reliable and professional, efficient, productive, and provided good services to the public in accordance with the Form of Public Service Decree of the Minister of Administrative Reform No. 63/KEP/M.PAN/7/2003.

Simangunsong and Sinuraya (Syamsinar, 2016) cite nine fundamental aspects in the realization of Good Governance, namely: 1. Participation 2. Law Enforcement 3. Transparency 4. Response 5. Consensus Orientation 6. Equality 7. Effectiveness 8. Accountability 9. Strategic Vision. Form of Public Service Decree of the Minister of Administrative Reform No. 63/KEP/M.PAN/7/2003, public services are divided into groups:

Through this research, it is expected to find out the weaknesses or shortcomings of each element in the implementation of land services and the performance of the implementation of land services that have been carried out periodically by the Land Office. In addition, the research can be used as information material in developing policies for improving IKM and improving the condition of the Regency/City Land Office in land services.

1. Administrative services: These services refer to efforts that produce various forms of official documents needed by the public, for example citizenship status, competence certificate, ownership or control over an item and so on. The documents include identity card, marriage certificate, birth certificate, death certificate, motor vehicle owned book, driving license, vehicle number certificate, land ownership certificate etc;

2. Goods Services: The services aim to produce various forms/types of goods used by the public, such as telephone networks, electricity supply, clean water, etc.

3. Other Services: The services are to produce various forms of services needed by the public, such as education, health care, transportation, postal services, and so on.

To combine the assessment of real improvements in human resources as well as information technology in the agrarian services throughout Indonesia, a research was then carried out at 28 Land Offices, namely 14 Land Offices representing high-service offices and 14 Land Offices representing offices with moderate services. These Land Offices were selected as sample due to high number of service files. Through this research, it is expected to provide an overview of the level of the Community Satisfaction Index (IKM) in land services at the Regency/City Land Office and the condition of the Regency/City Land Office in supporting land services. Of the 14 BPN Regional Offices with the number/volume of high service files, the Land Office was then determined as the research sample. Based on the stratification, the number of farmer service files was then grouped into three categories, namely high, medium and low.

The number of respondents to the survey was 3,881 people, namely people who had received land services. The elements that were invaded to obtain the Community Satisfaction Index (CSI) include: (1) Service procedure; (2) Service requirements; (3) Clarity of service personnel; (4) Discipline of service personnel; (5) Responsibility of service personnel; (6) Ability of service personnel; (7) Speed of service; (8) Justice; (9) Courtesy and friendliness of officers; (10) Fairness of service costs; (11) Certainty of service fees; (12) Certainty of service schedule; (13) Environmental comfort; (14) Service security.

The results of this study include an outline that the IKM value of the Regency and City Land Offices is 70.80. The service unit's performance is in service quality B in the good category. Furthermore, the three highest elements of service are: (1) security elements; (2) courtesy and friendliness of the officers; (3) the ability of service personnel. While the lowest three elements of service include: (1) Speed of service; (2) Certainty of service schedules; (3) procedures. The highest score of CSI from 28 Land Offices which are the research samples, respectively, are the land office of Tangerang City with scores 79.37, Karanganyar Regency (79.25), Bekasi Regency (76.86), Tangerang Regency (75.65), and Sidoarjo Regency (75.5).

Good Governance through Service Quality Acceleration

Therefore, given the urgency, the principles of good governance are absolutely applied consistently and continuously in the work environment of BPN throughout Indonesia in an effort to respond to various agrarian/land issues at present and in the future. Further understanding of good governance can be interpreted as follows:

1. Participation: This is by encouraging each citizen to use the right to express opinions in the decision making process, which concerns the interests of the community, either directly or indirectly.

2. Law Enforcement: This principle relies on realizing fair law enforcement for all parties without exception, upholding human rights and paying attention to the values that live in society.

3. Transparency: This is done by creating mutual trust between the government and the community through the provision of information and ensuring the ease of obtaining information

4. Responsiveness: Responsiveness refers to increasing the sensitivity of government administrators to community aspirations without exception

5. Consensus Orientation: This refers to the decision-making process and its implementation which can be accounted for together. As a consensus reached by the government, citizens, and the private sector for the administration of government in a country consisting of:

1. Professionalism, enhancing the ability and morals of governance to be able to provide easy, fast, precise services at affordable costs,
2. Supervision, increasing supervision efforts on governance and development by seeking the involvement of the private sector and the wider community.

6. Equality: Equality provides equal opportunities for every member of the community to improve their welfare.

7. Effectiveness: Effectiveness ensures the delivery of services to the community by using resources that are available optimally and responsibly.

8. Accountability: This principle aimed at increasing the accountability of decision makers in all fields of public interest

9. Strategic vision: This is done by building clear areas of vision and strategy and involving citizens in the entire development process, so that citizens feel they have ownership and responsibility for the progress of their region.

Thus, to accelerate community service in the context of legal certainty, namely the Land Certificate, the structure or Apparatus of the Ministry of Agrarian Affairs and Spatial Planning/Head of BPN. Hence, it is time to add or place the Apparatus at the Sub-District Level and the Village Head. This is to be able to ensure, first, how many parcels of land have not been certified by each village/sub-district thorough the country. Second, to be able to ascertain the history of land in each sub-district, village/sub-district, whether the parcels of land in the subdistrict, village come from land rights to Indonesian land, or customary land, and or land rights which are set in Burgelijik West Book (BW)/Civil Code, and also originated from former Japanese rights lands, in 1942-1945. Third, to be able to find out the inequality of ownership and control of land in each district and village. Fourth, to be able to know and identify concretely or real land issues in conflict and dispute (Juwono, 2013). Fifth, to be able to find out and identify inherited land issues that have been prolonged between heirs, with government and private institutions. Seventh, it can identify from the aspect of land use, what is underground is there oil, gas, gold, silver, tin and other mines. Eighth to find out and be able to identify spatial planning in every subdistrict, village and village, which often has development changes, for example, in the past, public facilities, and social facilities, but it turns out to be a mall, offices and other utilizations.

Conclusion

Conditions related to public service in making land certification at the BPN office are one of the main problems for the institution that must be addressed immediately, the lengthy process of the management to obtain a land rights certificate in the Office of BPN is inefficient, it takes a period of up to eight months, not to mention coupled with a relatively expensive cost burden and prone to corruption issues complicating the current agrarian problem in Indonesia, there are still practices of extortion by officers, there are still many practices of brokering by officers and there are no strict sanctions/actions against officers who abuse authority. This is caused by the unavailability of quality human resources and the lack of adequate facilities and infrastructure for spatial planning activities including funding is one of the portraits of land management complexity and data base on land use and space use even though the data base is very important for the importance of strategic and operational planning and decision making on a land/land area in an area/region. Further efforts are related to revitalize the land law in Indonesia in the legal structure. Legal structure along with institution is a structural component or organ that is engaged in a mechanism, both in making regulations, and in implementing or implementing regulations. Therefore, the availability of quality human resources which is a legal structure and procedure concerning agrarian/land apparatus in BPN must have credibility, competency and independence and professionalism based on human capital and able to use information and communication technology in order to improve the performance and improvement of land agrarian services to the people in Indonesia and to implement good governance in a consistent and sustainable manner in accordance with the instructions of the president of the Republic of Indonesia number 2 of 2018 concerning the acceleration of systematic land registration complete in all regions of the Republic of Indonesia. So that the management mechanism for certificates tends to seem complicated and bureaucratic through many licensing doors, giving rise to complicated conditions for the public to take care of licensing. Finally, BPN's long and protracted service must end immediately.

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