Agrarian Reform: Implementation and Exploration of Land Conflicts

in Several Countries (A Bibliometric and Content Analysis of

International Research on the Agrarian Reform Concept)

IWAN PERMADI*, IRHAM AZIZI

Department of Law,

Universitas Brawijaya,

Jalan Veteran, Malang, 65145

INDONESIA

*Corresponding Author

Abstract: - The disparity in the structure of land control which leads to agrarian disputes becomes a continuous

discussion in the history of land tenure and land ownership in Indonesia. This research employed the

bibliometric analysis and the content analysis of international research on agrarian law to provide a more

holistic illustration of the latest research trends in the field of agrarian law. The problems of this research are,

"Based on the bibliometric analysis, how do various countries regulate agrarian reform?" and "Based on the

content analysis, how do various countries explore the resolution of land conflicts through agrarian reform?"

This was normative research that employed the statute approach, the conceptual approach, and the comparative

approach. This research utilized the VosViewer application to undergo bibliometric analysis from the data

extracted from research database sources. The co-word analysis was employed by using keywords that emerged

along with the article. Results showed that Article 33 of the Republic of Indonesia’s 1945 Constitution explains

that the state must provide the greatest guarantee of societal welfare. The agrarian reform that is currently

applied with several policies that were issued with the enactment of the Law on Job Creation has concerns

about the existence of a paradigm that the existence of land is only for the interest of development and investors

without paying attention to the needs of society. Various countries have agrarian issues with different

backgrounds of problems that may be concluded into four issues, namely the failure in implementing the

agrarian reform; the disparity in land ownership; limitations in handling issues of land ownership, and agrarian

justice; as well as unjust political intervention.

Key-Words: - agrarian, reform, land, bibliometric, Indonesia, content analysis, international.

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1 Introduction

As an agrarian country, Indonesia has a long history

of the development of agrarian law. The

development of the Indonesian agrarian law is

crucial, considering that most of its people depend

on agriculture as their main source of income. The

disparity in the structure of land control is a

continuous discussion in the history of land tenure

and ownership in Indonesia. Such a disparity in land

control brings negative impacts to farmers who live

on the edge of poverty. This is not a new problem in

the national issue of this country, even though land

has become the main source for farmers to obtain

income. Ironically, it is difficult to access a wide

area of land in rural areas. Therefore, it is

commonplace that there is a greater population of

poor people in villages than in urban areas, [1].

The reality that must currently be acknowledged

is that the government emphasizes exploitation for

the needs of the state's foreign exchange, [2]. Apart

from that, access to natural resource management

prioritizes foreign investors. As a legal state,

Indonesia must regulate the equal management and

redistribution of land as soon as possible. The

agrarian law is the basis for regulating spatial

management and land usage in Indonesia.

Therefore, research related to agrarian law is crucial

to obtain knowledge on the latest developments as

well as the issues that are still faced in developing

agrarian law on the international and national scales.

It is also crucial to obtain information on the

government’s efforts in undergoing reformulation of

holistic, whole, and comprehensive natural resource

management, [3].

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The agrarian law is a crucial branch of law that

relates to land and its usage. Along with the

development of the era, research in the field of

agrarian law becomes ever important to guarantee

justice in land usage as well as to prevent the

occurrence of agrarian conflicts. The arrangement of

the agrarian law is marked by the existence of the

national land law with the enactment of Law No. 5

of 1960 on the Basic Agrarian Law, [4].

In the Old Order Era, land law politics tended to

be directed to the efforts in manifesting equal

welfare distribution for all Indonesian people

through the land reform program contained in Law

No. 56 of 1960 as well as its implementing

regulations. The efforts carried out are by

overhauling the land control structure that is then

planned to be distributed to the weak societal groups

and those that do not have land, [5]. In reality, up to

now, there is still a great disparity in society

concerning the control over agrarian resources

which impacts the rampant cases of agrarian

disputes.

There are some principles of agrarian reform,

such as justice in control/ownership,

usage/utilization, as well as the acknowledgment

and respect for indigenous people's agrarian

resources, [6]. Apart from that, the Presidential

Regulation No. 86 of 2018 on the Agrarian Reform

was issued. The a quo Presidential Regulation

regulates several things, including the restructuring

and redistribution of land for certain societal

elements, [7].

The activity of land restructuring and

redistribution is part of the Agrarian Reform that

was formerly known as Land Reform. The Agrarian

Reform was the main agenda of the Basic Agrarian

Law. The Basic Agrarian Law regulates the Five

Programs of the Indonesian Agrarian Reform, which

include:

1. The reform of the Agrarian Law through legal

unification with a national concept and the

provision of a guarantee of legal certainty.

2. The elimination of foreign rights and colonial

concession over land.

3. Gradually ending feudal absorption.

4. Restructuring land ownership and elimination as

well as legal relationships of a person with land

control to create an equal distribution of welfare

and justice.

5. Planning on the provision and utilization of

earth, water, and natural resources contained

therein as well as their planned usage according

to their supporting power and capabilities, [8].

These five policies were known as the land

reform policies. The land reform policies were

applied to resolve agrarian issues, as so far, there is

a lack of policies that provide tenurial security for

accessing land that is managed by society. This

includes the access to land that is located in the state

forest area. It is currently dominated and expanded

by giant business agencies in extractive industries,

plantation and forestry productions, as well as

conservation, [9].

This program started from the instrumentation of

governmental agencies as “land procurement

institutions” through regimes that issue

rights/permits/licenses to land and land resources.

At first, they were placed as a protector. But in

practice, they were narrowed to only managing non-

forest areas (which comprise 33.3% of the Republic

of Indonesia's total land area) while ignoring the

existing principles. Other legal regulations on land,

forestry, and natural resources overlap and

contradict each other, [10].

Another issue is that customary laws that apply

in society are ignored. Or, their existence is nullified

by the application of the agrarian law as well as the

laws on forestry and mining. Apart from that, there

is institutional sectoralism. The other systems,

mechanisms, and administrations that regulate land,

forestry, and natural resources become even worse.

Agrarian reform is deemed as a rearrangement or

an overhaul of land control, [11]. In Indonesia, the

government has long planned this great agenda in an

effort to eradicate the poverty of rural societies,

increase welfare through national food

independence, and increase land productivity. It also

functions to give an acknowledgment of land

ownership rights and land usage to fulfill the needs

of society’s lives. There are at least three forms of

Agrarian Reform, namely asset legality, land

retribution, and social forestry. But in general, the

mechanism of agrarian reform establishment

encompasses four main activity scopes, namely (1)

object determination; (2) subject determination; (3)

mechanism and delivery system of agrarian reform;

and (4) access reform.

Agrarian reform is basically an idea that was

born to handle land and natural resource

management issues in Indonesia. It aims to increase

the welfare of farmers in this country. A country

that has established an agrarian reform and created a

potential domestic market is Japan, namely after the

Meiji Restoration in the 19th century. It can be

analyzed that the French Reformation and that of

Japan have similar patterns, as they use a capitalistic

pattern. This pattern resulted from the restructuring

of the feudal production system to the formation of

a free market for land based on capital competition.

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The periodization of the agrarian reform concept

in Indonesia is contained in three periods. First, the

Land Reform (1960-1965) regards the maintainable,

sustainable, and orderly restructuring of agricultural

land ownership. Second, Guidelines for Building

Change Agents (2005-2014) which uses the

principle of asset reform. Third, Agrarian Reform

(2016-2019) with a framework program of six

priorities, namely (1) the resolution of agrarian

conflicts; (2) the structuring of land control and

ownership; (3) the legalization of land tenure rights;

(4) society empowerment in land utilization and

usage; (5) the allocation of forest resources to be

managed by society; as well as (6) the

institutionalization of agrarian reform executor,

[12].

The bibliometric method of analysis was used in

this research to identify the most cited articles and

their relationship to the topic of the research. The

bibliometric research was used on the

sciencedirect.com and proquest.com databases using

the keywords "Agrarian Reform". The content

analysis method was used to explore the themes and

research focus in the field of agrarian law in relation

to the concept of agrarian reform. The content

analysis research was conducted by analyzing

abstracts of articles chosen from the results of the

bibliometric analyses on research that most

frequently appears, [13].

In the context of globalization and

modernization, [14], the development of agrarian

legal studies becomes ever-important, especially in

facing various challenges and changes that happen

in the agrarian field in the agrarian reform aspect. It

is crucial to conduct this research as not many

bibliometric analyses and agrarian law analyses

have been conducted in the last ten years, [15].

Apart from that, the bibliometric analysis and the

content analysis of international research on

agrarian law can provide a more holistic illustration

of the latest research trends in the field of agrarian

law, as well as help researchers and practitioners

develop better policies and strategies in the field of

agrarian law, [16].

Therefore, this research utilizes a combined

approach between the bibliometric analysis and the

content analysis to produce a more comprehensive

understanding of the existing literature in the field

of agrarian law regarding the concept of agrarian

reform. Thus, the problems of this research are,

“Based on the bibliometric analysis, how do various

countries regulate agrarian reform?” and “Based on

the content analysis, how do various countries

explore the resolution of land conflicts through

agrarian reform?”

2 Methods

This was normative research which employed the

statute approach, conceptual approach, and

comparative approach, [17]. These approaches were

employed to analyze all laws and regulations related

to the legal issue of this research, [18]. The statute

approach was obtained from legal regulations that

are relevant to the legal issue, [19]. Apart from that,

this research also employed the conceptual

approach, which was employed to analyze the

existing legal concepts. In employing the conceptual

approach, the researchers referred to legal

principles, [20].

This research employed the VosViewer

application to undergo bibliometric analysis of the

data extracted from research database sources.

Bibliometrics is the application of statistical

methods to the study of bibliographic data,

especially in scientific, library, and information

science contexts. It is closely associated

with scientometrics (the analysis of scientific

metrics and indicators) to the point that both fields

largely overlap, [21].

Many research fields use bibliometric methods to

explore the impact of their field, the impact of a set

of researchers, the impact of a particular paper, or to

identify particularly impactful papers within a

specific field of research. Bibliometric tools have

been commonly integrated into descriptive

linguistics, the development of thesauri, and the

evaluation of reader usage. Beyond specialized

scientific use, popular web search engines, such as

the PageRank algorithm implemented by Google

have been largely shaped by bibliometrics methods

and concepts, [22].

The co-word analysis was employed using

keywords that emerged along with the article. Then,

the co-authorship was employed to identify the most

influential writers in the research. The authors also

used the NVIVO application to support the content

analysis based on various approaches, [23].

This research was a legal research type, i.e.,

research conducted on results of research articles

related to the agrarian law that are contained in

reputed journals based on the bibliometric analysis,

[24]. This research employed the normative legal

method which essentially analyzed primary legal

materials in the forms of national and local-level

legal regulations, [25]. Apart from that, in this type

of research, the authors also analyzed secondary

legal materials in the forms of legal books, journals,

and papers related to agrarian law, [26]. In this

research, the conceptual approach was employed on

the results of relevant research articles that were

published in reputed journals based on bibliometric

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analysis. Then, the content analysis was conducted

by focusing on the main concepts uncovered in

those articles, [27].

In the bibliometric analysis, researchers used the

key concepts related to agrarian law to identify

research trends as well as group articles based on

certain topics or themes. In this paper, the authors

used various concepts, including “agrarian conflict”,

“land tenure”, “agrarian reform”, and “business

usage rights”. They are used as references in the

bibliometric analysis.

Then, in terms of the content analysis, the writer

used concepts that are linked to agrarian law. This

aims to analyze the article's contents deeper. The

authors used some concepts, including “the

protection of land tenure rights”, “the social justice

aspect in agrarian law”, and “the implementation of

the agrarian law regulations”. The authors focused

on these key concepts. This is so that the conceptual

approach can help writers identify the similarities

and differences in the various theories and concepts

in studies linked to agrarian law.

In this paper, the writers employed the

comparative approach to research articles’ results

section. The articles chosen were those which regard

agrarian law and were published in reputed journals.

Next, the writers used the bibliometric and content

analyses by comparing the similarities and

differences in the findings and approaches of the

aforementioned articles. Through the bibliometric

analysis, the writers analyzed the research frequency

of papers regarding certain themes and topics in

different periods. Apart from that, the writers also

underwent a comparison between research papers on

certain themes and topics in various areas and states,

[28].

3 Results

In this research, the authors used the aforementioned

query on Scopus.com, which resulted in 177

articles.

After the researchers conducted inclusion and

exclusion selections, 35 articles were obtained.

Then, the researchers conducted a quality

assessment of those 35 articles. From this

assessment process, the researchers identified 19

articles that were adequate to be extracted. The

comparison between the amount of query results

and the number of articles that passed the inclusion

and exclusion selections is shown in Figure 1.

Fig. 1: The comparison of articles as query results

and the number of articles that passed the inclusion

and exclusion selection

Then, the number of articles that passed the year-

based selection is shown in Figure 2.

Fig. 2: The number of articles that passed the

inclusion and exclusion selection based on year

The bibliometric indicator measures the volume

and impacts of knowledge production on certain

topics. The metrics that are most often used are the

number of publications (volume) and citations

(impacts), [29]. The bibliometric indicators are used

to analyze temporal trends and geographic research

distribution on the global agrarian reform. The most

productive and influential journals are also shown,

[28]. The number of annual article production is

presented in Figure 3.

Fig. 3: The number of articles produced each year

Corresponding author's countries refer to the

authors' country of affiliation as corresponding

authors in research publication, [30]. The suitable

authors are usually the main contact point for

publication and are responsible for correspondence

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related to research. In the context of the given

reference, it is observed that the representation of

suitable writers from various countries varies in

scientific literature, [31].

Corresponding authors' countries provide

information on the location of writers who are

responsible for undergoing correspondence on the

research article. This information may be beneficial

for various reasons. First, it helps identify the

geographic distribution of the research and various

countries’ contribution towards publication, [32].

Second, it may give insight into the diversity and

collaboration patterns in scientific research in the

legal field, [33]. Apart from that, knowing related

writers' countries may be relevant to understanding

the different environmental impacts of research and

funding sources of publication results, [34].

Information on the countries of the related writers is

invaluable to analyze and interpret the global

landscape of scientific research. Figure 4 shows that

the countries with the highest number of research

corresponding authors that discuss agrarian reform

are the United States, followed by South Africa and

the United Kingdom.

Fig. 4: Corresponding authors’ countries

Country scientific production refers to the

research results and publication activities of various

countries in various scientific fields. Bibliometric

analysis is commonly used to assess research

activities, performance, and scientific quality of a

country by analyzing the number and impact of

published articles as well as their distribution

according to country or language, [35]. Economic

strength has been identified as a significant factor

that influences scientific activities, with rich

countries investing more in scientific research and

yielding more influential results, [36]. Funding

plays an important role in stimulating collaboration

between scientists and producing more papers with

a higher level of citation, even though their effects

may vary in various countries depending on their

investments in science and technology. The

disparity in scientific production has been observed

between various areas, with Latin America and

Caribbean countries commonly having a lower level

of production compared to the United States and

European countries, [37].

Apart from that, bibliometric analysis may be

used to analyze the generation and evolution of

knowledge as well as evaluate scientific quality and

their impacts to the academic realm, [38]. In this

context, the bibliometric analysis may help identify

a country’s contribution towards the development of

science and technology in certain fields, [39].

Therefore, a state's scientific contribution becomes

crucial in the bibliometric analysis as it provides an

illustration of a country's contribution towards the

development of knowledge and technology as well

as aids the taking of strategic decisions in the

national-level development of research and

innovation, [25].

Figure 5 shows the density of countries' scientific

production. Darker blue colors show a greater

amount of scientific production. Figure 5 shows that

the USA has the highest rate of scientific

production, marked by the darkest blue color.

Fig. 5: The Scientific Production of Various

Countries All Over the World

Table 1 shown the scientific productivity on

several countries (data per 1000 citizen). To

measure the impact that various sources and writers

give, the authors used the H-Index as it is a crucial

metric. Such a metric is widely used in academics to

examine the influence and productivity of

publication papers and authors. This index

calculates a publication’s number of citations as

well as publications. Apart from that, the H-Index

also provides an impact measurement that is much

more comprehensive when juxtaposed with a simple

local index that uses degrees, [40]. Some studies

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have been conducted on the connection between the

H-Index and a few factors, including the total

sources and the impact. Based on research, it was

found that a functional relationship exists between

the total number of sources and the H-Index. It was

shown that this relationship increases in a concave

manner, [41].

Table 1. The Scientific Production of Various

Countries

Country

Frequency

USA

South Africa

Brazil

China

France

Spain

Netherlands

Zimbabwe

Chile

Belgium

Czech Republic

Canada

Germany

Ireland

South Korea

Botswana

India

Kenya

Malawi

Sweden

Tajikistan

Algeria

Australia

Ecuador

Italy

Japan

New Zealand

Philippines

Portugal

Romania

Switzerland

Then, some other researchers have compared the

H-Index with other local indexes including degrees.

They show that the former was more accurate. It

also had a stronger mathematical structure, [42]. To

analyze the contribution of writers and sources in a

particular study field, one can use the H-Index. It

provides a more nuanced productivity analysis and

research influence as it considers publication quality

and quantity.

The Figure 6 shows each source’s H-Index. It

was shown that on the topic of agrarian reform, the

Journal of Land Use Policy has the highest H-Index

rank.

Fig. 6: Sources’ local impact by H-index

Then, Figure 7 shows the word cloud of the

query used in this bibliometric analysis. It is a

visualization method that functions to show the

most frequently used words in a text or in literary

materials, which are then displayed in the form of a

cloud. It is a crucial method in this type of analysis

as it gives a clear image of the word utilization

frequency and distribution in the analyzed literary

works, [43]. This method eases scientific paper

authors in obtaining information on the patterns and

trends in a particular research field, [44]. Thus,

authors will understand the most crucial and

relevant topics that are analyzed in literature

through the word cloud. They will also gain an

understanding of the contribution and development

of research on a particular topic.

Fig. 7: Word cloud

Trend topics give knowledge on a field of

research and what currently developing in that field.

After understanding the publication trends, writers

will gain information on works that have the

greatest impact, authors that are mostly cited by

other researchers, and patterns of collaborative

research, as well as the most productive institutions,

[45]. This information helps authors understand the

current condition of research, identify a research gap

or an area of saturation, and make a decision on the

future direction of research, [46].

The bibliometric analysis also allows the

identification of potential subtopics and trend topics

in a field, which may guide researchers explore a

new research field and handling the issues that arise.

Apart from that, a periodical analysis of scientific

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production trends may uncover fluctuations in

research activities and highlight the areas of growth

or decline. Trend topics provide authors, lawmakers,

and funding institutions with highly valuable

information to make the right decisions and

effectively allocate funds in the bibliometric field,

[47].

Fig. 8: Trend topics from 1992 to 2020

Figure 8 is a bibliometric trend topic from 1992

to 2020. Another crucial instrument in the

bibliometric analysis is the overlay network

visualization. It allows authors to visually examine

the link and relationship between various factors,

such as countries, keywords, journals, or writers,

[48]. To apply this technique, researchers usually

use a software like VOSviewer. It allows a great

development and visualization of bibliometric

networks. Such software displays three visualization

map types, i.e., density visualization, overlay

visualization, and network visualization, [49]. Such

maps display an intuitive and clear bibliometric

network representation, allowing authors to

understand trends, clusters, and patterns in data,

[50].

Through overlay visualization, authors may

easily understand the collaboration and

interconnection between various entities, giving

them insight into the research field’s dynamics and

structure, [51]. Apart from that, this technique can

help point out the influential entities or the main

actors in the network, combine potential research

with bibliographics, as well as support the

identification of crucial research trends, [52].

Overlay network visualization provides people with

a better understanding and interpretation of complex

bibliometric data. Therefore, it becomes a crucial

instrument in the bibliometric analysis, [53]. Figure

9 shows the overlay network visualization for the

agrarian reform topic.

Fig. 9: Overlay network visualization

In this analysis, a visual representation of the link

between research networks is displayed in a

thematic map, aiding authors in understanding data

visualization mathematical calculations, [54]. Such

a map may be generated by several software such as

Bibliometrix, Citespace, VOSviewer, and

CitNetExplorer, [54]. Such maps provide people

with greater insight into the research productivity

and development in a certain field, visualize the

intellectual structures of a research field, as well as

identify the arising research themes, [44]. By

analyzing bibliometric data and making a thematic

map, researchers may obtain insight into the

research trends and patterns in a certain field,

identify the research gap, and make decisions for the

direction of future research, [55]. Figure 10 shows

the thematic map for the topic of agrarian reform.

Fig. 10: Thematic map

According to Figure 10, the favourite themes

were land reform and agrarian reform in developing

countries; privatization and land usage; land

conflicts; local participation; as well as land

management by the government.

“Social justice for the whole of Indonesian

people”, which is the fifth principle of Pancasila

(the Five Principles that make Indonesia’s ideology)

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means justice which becomes the right of all

Indonesian people. Efforts to achieve social justice

must constantly prioritize the weak and the poor so

that they may become a stronger group that has an

equal position with other societal groups. In line

with that, the agrarian reform has the aim and goal

to create a change in the ownership and tenure

system of land which will then correlate to the new

direction of land ownership and tenure. This will

then be adapted to the changes and development of

society that is currently undergoing development

according to the ideals of Article 33 of the Republic

of Indonesia's 1945 Constitution, [56]. In essence,

agrarian reform is a form of food resilience method.

It increases the economic level of farming societies

to achieve a just and prosperous society according to

the Pancasila. The agrarian reform is actually a

mandate that has been stipulated in the Decision of

the People's Consultative Assembly No.

IX/MPR/2001 on the Agrarian Reform and Natural

Resource Management. The aforementioned

direction becomes the policy basis for resolving

various issues of poverty, disparity, unjust socio-

economic conditions of society, as well as natural

resource destruction, [57].

In Indonesia, agrarian reform is stipulated in

Presidential Regulation No. 86 of 2018 on the

Agrarian Reform. The concept of agrarian reform is

the restructuring of land tenure structures,

ownership, usage, and utilization, making them

more just through asset structuralization which is

combined with access structuralization for the

welfare of the Indonesian people, [58]. Article 2 of

the Presidential Regulation No. 86 of 2018 on the

Agrarian Reform states that the agrarian reform

aims to:

a. Decrease the disparity in land tenure and

ownership to achieve justice;

b. Handle agrarian disputes and conflicts;

c. Create an agrarian-based source of society’s

welfare and prosperity through the regulation of

land control, ownership, usage, and utilization;

d. Create job opportunities to decrease poverty;

e. Fix society’s access to economic sources;

f. Increase food resilience and sovereignty; and

g. Fix and maintain the quality of the environment.

The Presidential Regulation No. 86 of 2018 on

the Agrarian Reform states that agrarian reform is

the restructuring of the structures of land tenure,

ownership, usage, and utilization, making them

more just through the structuralization of assets

combined with the structuralization of access for the

welfare of the Indonesian people, [59]. Here, there

are differences in the implementation of the agrarian

reform compared to the era before the enactment of

that Presidential Regulation. In the previous era, the

implementation of the agrarian reform that was

carried out through the land reform program only

conducted land redistribution. Thus, Presidential

Regulation No. 86 of 2018 determined that the

agrarian reform is implemented by structuralizing

assets which comprises land redistribution, asset

legalization, and access structuralization. The

aforementioned access structuralization

encompasses social mapping of the increase of

institutional capacities; the guiding of businesses;

the increase in skills; the usage of effective

technologies; business diversification; capital access

facilities; marketing access facilities; the

strengthening of databases and commodity and

information; and/or the provision of supporting

infrastructure, [60].

Meanwhile, the agrarian reform subjects that are

eligible to obtain land redistribution as agrarian

reform objects are individual persons, [61], societal

groups with collective ownership rights, and legal

entities. Then, according to the Presidential

Regulation, agrarian reform objects originate from

land with expired Business Usage Rights and

Building Usage Rights that were not extended or

those that are not reapplied for a right renewal. The

agrarian reform objects may also include state land

in the form of ex-abandoned lands that are now

utilized, lands originating from the release of land

areas, arisen lands, as well as land that resulted from

dispute resolution and land conflicts.

4 Discussion

Various countries have made efforts to improve land

distribution. The restructuring of land ownership

and tenure may be used as a comparison to improve

land control in Indonesia. Based on the extraction of

data identified from several laws and regulations on

the agrarian reform concept as well as the impacts

produced from the policies of each country, the

following is information on the agrarian reform

regulation in various countries:

4.1 Agrarian Reform Regulations in Mexico

The country of Mexico with its Agrarian Law of

1992 and the Amendment of Article 27 of the

Mexican Constitution states that the agrarian reform

aims to modernize the agrarian sector and create

land market efficiency to provide ease and open

opportunities for real estate investment. This

reformation leads to an increase in vulnerability

towards land conflicts in the informal suburban

areas of cities. This reformation creates a new

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channel in the regularization of land ownership

which may potentially have extensive impacts

related to informal housing. The domination of la

Comisión para la Regularización de la Tenencia de

la Tierra (CORETT/the Commission for the

Regularization of Land Tenure) in the residential

regularization sector has especiallyespecially been

challenged since 1974 with the granting of a new

authority to ejidatarios (communal landholders),

through the ejidal (a communal land area for

farming) assembly institution, to make decisions on

who is acknowledged as the valid owner of an urban

site. In 1992, the agrarian reform in Mexico yielded

radical changes in the ejidal system.

4.2 Agrarian Reform Regulations in Peru

In Peru, the agrarian reform from 1969 to 1980

aimed to resolve issues of inequality in land

distribution expropriating private lands and

redistributing land to poor farmers. The impacts of

land reform may specifically decrease the intensity

of armed conflicts in Peru. Land reformation may

decrease the number of guerilla attacks and state-

armed actions after 1988, facilitate the capacity of

civil organizations to drive away guerilla fighters,

and weaken the left wing of legitimate Marxists,

which is the main ideological opponent of the

Shining Path (the communist party of Peru).

4.3 Agrarian Reform Regulations in China

China has created various policies and laws in an

effort to regulate land in its country, including:

a. Agricultural Land Law

b. Land Administration Law

c. Agricultural Land Reform Policy

d. Rural Development Policy

e. Environmental Protection Policy

The series of agrarian policies and actions aim to

change the unjust and inefficient land ownership

structure, as well as fix the socioeconomic

conditions of farmers. The agrarian reform aims to

give clear and secure land ownership rights to

farmers. It also aims to increase agricultural

productivity and farmers’ welfare.

In China, the aim of agrarian reform is to

promote the national economy’s development

through the improvement in the rural land

ownership structure and the agricultural productivity

boost. Unfortunately, there are still many challenges

that are faced in implementing agrarian reform in

this country, including the pollution of the

environment, corruption, and the situation where

private parties take over land.

Even though generally, this program positively

affects the economic development in rural areas, it

also has its downsides to farmers’ welfare and rural

development. For instance, different forms of

businesses quickly occupy what was formerly

agricultural land. It creates new forms of

exploitation by business owners and the regional

government. Apart from that, it also leads to a

terrible land degradation. Therefore, the rural land

law reformation needs to be supported by good law

enforcement to yield the desired results as well as

protect farmers’ interests.

4.4 Agrarian Reform Regulations in South

Africa

The law that regulates land ownership and usage in

South Africa is the Constitution of the Republic of

South Africa No. 108 of 1996. It provides a legal

framework for the land reformation and

redistribution in that country. The government has

also applied various laws and policies to implement

land reform, including the Law on the Restitution of

Land Rights, the Law on Land Reformation (Labor

Tenants), and the Law on the Association of

Communal Properties. But, as mentioned in the text,

the application of these policies is faced with

challenges and they do not always yield the desired

results.

In South Africa, land reformation leads to

various impacts. So far, the program of land

restitution has provided compensation to individuals

and society for the losses they suffered as an impact

of the coerced transfer and the rehabilitation

program. The land reformation programs generally

do not bring benefits to the poor. On the contrary,

they bring benefits to those who are relatively

already benefited.

The concept of agrarian reform in South Africa

aims to increase rural life through land reform and

develop a sustainable agricultural model. However,

the coercion of large-scale production in the land

reform project brings negative impacts on the

capabilities of beneficiaries to produce quality

products. It is to develop the capacity of farmers to

produce quality products and develop an alternative

agricultural model according to the background and

capabilities of land reform beneficiaries.

The issue in South Africa is related to the

coercion of large-scale production in land reform

projects, which experienced failure. This is due to

the incompetence of land officials in South Africa.

Prior to the land reform, agricultural lands were

controlled by the Boers (white landlords) or white

farmers who were efficient in managing land, thus

yielding a rather abundant produce. But after the

agrarian reform, these lands were not distributed to

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farmers, but rather, were distributed to the family

members of land officials.

The fatal mistake was that the land that was

supposed to be distributed to the people who worked

as farmers (but who did not have land) was given to

those who did not work as farmers. Thus, after the

land reform, the productiveness of these lands

drastically decreased, even though they were

previously productive for agriculture in the hands of

the Boers. This was due to the lack of competence

of landowners in managing their land.

The issue of land in South Africa is regulated by

various laws, including:

a. The Restitution of Land Rights Act (1994): This

law gives land restitution rights to those who

have lost their land due to racial discrimination

perpetrated by the government before the year

1994.

b. The Land Reform or Labor Tenants Act (1996):

This act gives agricultural labor the right to

obtain land tenure over the land they work on.

c. The Communal Property Associations Act

(1996): This act creates a legal framework to

establish a collective ownership association to

work on land together.

4.5 Agrarian Reform Regulations in the

Philippines

In the Philippines, a regulation issued in 1988 that

provides stipulations on land is the Comprehensive

Agrarian Reform Law (CARL). The objective of

this law is to lower the rate of land ownership

disparity while increasing agricultural workers’ and

farmers’ welfare. It provides agricultural workers

and farmers with the right to utilize, own, and

manage land in a fair and sustainable manner. Then,

some other policies and regulations were enacted in

the Philippines on land, including the Local

Government Code, Land Registration Act, and

Public Land Act. Unfortunately, various problems

and challenges still hinder the effective application

of such laws, such as legal uncertainty, unfair and

oppressive political intervention that sides land

owners as well as resistance from land owners.

This law extends land ownership from large

owners to agricultural workers, farmers, as well as

other disadvantaged people in the Philippines.

Unfortunately, this program’s application has led to

conflicts between poor groups that fight over land

claim rights.

4.6 Agrarian Reform Regulations in Italy

In the context of agrarian reform in Italy, it is a

series of policies enacted in the 1950s that aim to

resolve the case of land ownership disparity in this

country. This law includes the redistribution and

expropriation of land, land ownership limitation, as

well as the transfer of land tenure from owners to

farmers. Then, this agrarian reform also includes

programs on land transformation and infrastructure.

It aims to boost land quality as well as improve

farmers’ living standards. Apart from having the

objective to raise the societal welfare level, this

program also aims to decrease disparity in the socio-

economic sector between Italy’s northern and

southern sections. The following are the regulatory

bases of the agrarian reform in Italy:

a. The agrarian reform policies in the 1950s, land

expropriation and redistribution.

b. Gullo decrees in the 1940s related to the issues

of land.

4.7 Agrarian Reform Regulations in Sudan

The land reformation concept in Sudan aims to

recover the historical injustice through the

consolidation of rights over the land of rural

societies. These reformation programs tend to take

the top-down approach based on the Weberian

country model, which leads to a policy disparity

between the land laws and the reality in villages.

The land reform that focuses on the consolidation

of rights over the land of rural societies through the

ownership of customary land based on the

ownership of customary land may become a

solution to cease conflicts. Land reform in South

Sudan tends to ignore changes in society and on the

land that was brought by the English colonial

government and the Sudan People’s Liberation

Army during the North-South Civil War.

To understand such a dynamic, there needs to be

a review of the relationship between state

development and land reformation. One must

critically see the changes in land property due to

changes in the local government and uncover

several misunderstandings on the right to land.

Then, the regulatory basis for agrarian reform in

Sudah is the Law of the Regional Government the

Unregistered Land Act of 1970, and the Land

Transaction Ordinance of 1984.

4.8 Similarities of Agrarian Reform

Regulations in Various Countries

Various countries have agrarian issues with different

backgrounds of problems. But most have made

efforts to create legal protection and certainty for

poor and weak societies that are vulnerable to

disparity, injustice, and lack of attention. For

instance, the concept of agrarian reform in South

Africa aims to increase the livelihood in villages

through land reform and develop a sustainable

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agricultural model. Similarly, the Philippines gives

farmers and agricultural workers the right to justly

and sustainably own, manage, and utilize land. In

Indonesia, the agrarian reform program may

develop to regulate the access structure rather than

merely regulating redistribution.

In its implementation so far, the issue of agrarian

reform in Indonesia impacts the agricultural

societies as the majority group that must be given

attention to be empowered to achieve societal

welfare, [34]. Therefore, the strengthening of the

agrarian reform is an obligation. Based on the

theory explained by Lawrence M. Friedman, as a

legal system, the law comprises three components,

namely the component of structure, the component

of substance, and the component of culture, [62].

The legal structure is an institutionalization that is

created from a legal system. Meanwhile, the legal

substance is an output of the legal system in the

form of regulations that are used by various

regulating parties and the regulated party.

Then, legal culture is an attitude and value that

are related to the law and the legal system, [17]. The

legal culture may be differentiated into internal legal

culture and external legal culture, [63]. The internal

legal culture is the legal culture of societal members

that carry out legal tasks. Meanwhile, the external

legal culture is the legal culture that exists in the

general society, [19].

Every society has a legal culture, but only

societies with legal specialties have an internal legal

culture, [11]. This legal culture functions as a bridge

between legal regulations and legal behavior in

society. The agrarian reform needs to be

strengthened by perfecting the legal structure, legal

substance, and legal culture in the field of agrarian

reform. Legal structure relates to the institution that

handles the field of agrarian reform, [64].

5 Conclusion

This paper contributes by reevaluating the agrarian

reform in Indonesia. The agrarian reform in

Indonesia is currently ineffective due to several

issues and the government created policies to ensure

the effectiveness of the agrarian reform. This

research found that the government’s policies were

ineffective because of several conflicts, such as

disputes between the customary society and

corporations as well as other conflicts. This research

could contribute information for the government in

creating future policies that serve as a conflict

resolution to increase the effectiveness of agrarian

reform. The recommendation for future research is

research on how to resolve such agrarian conflicts.

Resolving agrarian conflict is the essence of the

agrarian reform. Without any conflict resolution

policies, the agrarian reform will fail. Future

research could be aimed at studying this conflict

resolution.

This research also found that various countries

have agrarian issues with different backgrounds of

problems. But most have made efforts to create

legal protection and certainty for the weak and poor

societies that are vulnerable to disparity, injustice,

and lack of attention. Generally, the issue of

agrarian reform in various countries may be divided

into four issues, namely the failure in implementing

the agrarian reform, the disparity in land ownership,

limitations in handling issues of land ownership and

agrarian justice, as well as unjust political

intervention and the increasing conflict.

This research found that several countries also

had an agrarian reform, just like Indonesia. These

countries took different paths to resolve this

problem. Through this research, Indonesia should

make a policy with a greater possibility to be

applied through mixed methods to boost the

effectiveness of the agrarian reform.

Acknowledgement:

The authors would like to thank Faculty of La

Universitas Brawijaya for the support and funding

this research.

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Contribution of Individual Authors to the

Creation of a Scientific Article (Ghostwriting

Policy)

- Permadi: Conceived the research, provided an

original idea of the study, provided materials and

data for the research, and reviewed the paper.

Revised the paper.

- Azizi: Designed the methods, selected research

data, analyzed and interpreted the data, and wrote

the paper.

Sources of Funding for Research Presented in a

Scientific Article or Scientific Article Itself

This research is funded with grant research number

31/DPP/UN10.F01/PN/2023 by Faculty of Law

Universitas Brawijaya.

Conflict of Interest

The authors have no conflicts of interest to declare.

Creative Commons Attribution License 4.0

(Attribution 4.0 International, CC BY 4.0)

This article is published under the terms of the

Creative Commons Attribution License 4.0

https://creativecommons.org/licenses/by/4.0/deed.en

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WSEAS TRANSACTIONS on ENVIRONMENT and DEVELOPMENT

DOI: 10.37394/232015.2024.20.77

Iwan Permadi, Irham Azizi

E-ISSN: 2224-3496

834

Volume 20, 2024