Hukum Agraria Indonesia Masa Penjajahan - Ricco Survival Yubaidi, SH, MKn, PhD (c)

1. International Program
Undergraduate Study Program in Law
Faculty of Law
Ricco Survival Yubaidi, SH, MKn, PhD (c)
Agrarian Law – B (HK-IP)

2. Background / Development of Agrarian Law
• Agrarian Law During Dutch Colonialism
• Agrarian Law After Independence
• Agrarian Law After UUPA / BAL
Page 2
MEETING CLASS – DAY 3, 4, 5
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

3. Page 3
PRE-INDEPENDENCE PERIOD
During Dutch
Colonialism
After
Independence
After UUPA /
BAL
1945 1960
1870
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

4. Page 4 Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

5. Page 5
PRE-INDEPENDENCE PERIOD
Agrarische
Wet 1870
UUPA 1960
Land
Registration
1961
Land
Registration
1997
RUU
Pertanahan
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

6. • Against the interests of the people
• Dualism
• Does not guarantee legal certainty
• Land registration is only for Fiscal Cadastre
(Tax)
Page 6
CHARACTERISTICS OF
COLONIAL AGRARIAN LAW
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

7. • Domination
• Exploitation
• Discrimination
• Dependencies; People depend on Dutch
government/colonialism
Page 7
POLITICAL CHARACTERISTICS
OF COLONIAL AGRARIAN LAW
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

8. • The power of the minority colonialists over
the majority indigenous population is
supported by the military superiority of the
colonialists in controlling and ruling the
inhabitants of the earth.
Page 8
DOMINATION
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

9. • Exploitation of the natural resources for the
benefit of the colonizers, the indigenous
population is extorted from their labour and
production to be handed over to the
colonialists who are then sent to their
mother country for their own prosperity
Page 9
EXPLOITATION
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

10. • The colonialist group is considered a
superior nation, while the colonized natives
are seen as an inferior, low, despicable
nation
Page 10
DISCRIMINATION
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

11. • People's dependence on colonizers,
colonized people become increasingly
dependent on colonizers in terms of capital,
technology, knowledge and skills because
they are getting weaker and poorer.
Page 11
DEPENDENCY
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

12. • Regering Reglement 1854
• Agrarische Wet Stb. 1870
• Indiscche Staatsregeling
• Agrarische Besluit
• Grondvernreemdingsverbod
• Mijnswet 1899 dan Mijnordonantie 1930
• Agrarische Reglement
• Onginningordonantie 1920
• Koninklijk besluit (King’s Decision)
• Book II of the Civil Code
Page 12
RULES APPLICABLE AT THE TIME
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

13. • The existence of the Cultuurstelsel led to a
decline in the welfare of the natives, so that
it received criticism from the Dutch Liberal
and Humanist groups
• The victory of the Liberal Party in 1850, the
ruling government issued a new law that
was deemed clearer to the people
Page 13
CULTUURSTELSEL
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

14. Page 14

15. • During the colonial period the Netherlands East
Indies applied "domeinverklaring" or the principle of
the domain which was stated among others in
Article 1 "Agrarisch Besluit" promulgated in the State
Gazette "Staatblad" No 118 of 1870
• All land that is completely free from one's rights
(both those based on indigenous Indonesian
customary law, and those based on western law) is
considered to be "vrij landsdomein" namely lands
that are fully owned and controlled by the State
Page 15 Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

16. • Colonial Agrarian Law has the nature of
legal dualism
• Applicability of Agrarian Law based on
Customary Law and Western Law
Page 16
LEGAL DUALISM
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

17. • During the colonial period, customary land
rights were not registered, although they
were registered only for proof of payment of
taxes that had been paid by the owner, so
that legally it was not a proof of rights.
Page 17
LEGAL DUALISM
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

18. • Customary Agrarian Law
• Swapraja Agrarian Law (Sultanates,
Kingdoms, etc recognized by the colonial
government)
• Western Agrarian Law (Civil Code II, III, IV)
• Agrarian Law Between Groups (Eastern &
European Groups, Indigenous Groups)
• Administrative Agrarian Law
Page 18
DUALISTIC AND PLURALISTIC
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

19. Page 19 Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

20. Page 20 Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

21. Page 21 Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

22. • One of the laws made in the Netherlands in 1870
• Land management and regulation during the reign of
the Dutch East Indies
• Agrarische Wet was the political foundation of the
Dutch East Indies government in the land sector,
which prioritized the interests of Dutch businessmen
• Agrarische Wet was born at the insistence of big
private entrepreneurs. The existence of Agrarische
Wet makes it easier for Dutch entrepreneurs to do
business in Indonesia, such as the granting of
Erfpacht Rights with a period of 75 years
Page 22
AGRARISCHE WET 1870
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

23. Page 23
DE AGRARISCHE WET
1870 – 1960 (90 years)
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

24. • Community-owned land that cannot be
proven by ownership documents is declared
as State land
• The Dutch government arbitrarily
determined an activity or an area with very
low or no respect for community land
• The Dutch government could sell public
land to the private sector as private land
Page 24
AGRARISCHE WET 1870
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

25. • Agrarische Besluit is the implementing
regulation of Agrarische Wet
• Article 1 states: "All land which other
parties cannot prove as their Eigendom
rights, is Domein (owned by the State)
Page 25
AGRARISCHE BESLUIT
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

26. • As a legal basis for the Government as the
owner of the land, to give land to other
parties (especially Dutch Entrepreneurs)
• The granting of land is carried out by
transferring state property rights to the
recipient of the rights
Page 26
DOMEIN VERKLARING
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

27. • The state as a legal subject is equated with
individual rights in terms of ownership of
land rights
• The relationship is private rechtelijk, i.e.
the State is considered the owner of the
land
Page 27
DOMEIN VERKLARING
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

28. • Describe Agrarian Law After Independence
• Describe Agrarian Law after UUPA/BAL
• Find the main difference of Agrarian Law
during Dutch Colonialism, After
Independence, After UUPA/BAL
• Student will present the finding 5-10
minutes on Friday, 18 March 2022
• After completion, will be continued with a
discussion session
Page 28
ASSIGNMENT
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

29. International Program
Undergraduate Study Program in Law
Faculty of Law
THANK YOU