Land Dispute Settlements Insocial Philosophy Perspectives(A Case Study in PTPN VII of Bergen Unit Business in South Lampung Regency)

Abstract

Land dispute is a complicated problem, especially when this problem includes some parties or mass
public. The rise of land dispute is caused by inequality of land possessing and control amongst
government, state plantation, private, and tenant farmers. Land dispute in Sidodadi Asri versus PT
Perkebunan Nusantara VII is a conflict of land control based on Right to Cultivate (or HGU) and erfpacht
right which was a conversion from colonial law upon land control of colonialist heritage that caused
effects such as eviction and expulsion with force to tenant farmers. The objective of this research is to
study event chronologies causing the land dispute, to elaborate causing factors, to identify efforts that
have been done, and to find out solutions upon land dispute based on social approach. This research is
studied through social philosophy approach and descriptive analysis.
Land dispute in Sidodadi Asri village of South Lampung regency has been occurring since 1999.
Many efforts of settlements had been conducted either by means of traditional mediation, formal method
(court), or land mediation which was formed in environment of National Land Agency (or BPN). Court
settlement and mediation did not always give solutions to satisfy and give sense of justice for public.
Main findings in this research are that [1] land disputes cause miseries to tenant farmers; [2] land dispute
causing factors are historical backgrounds; [3] based on philosophical perspective, land disputes are state
negligence in making provisions that regulate basic natural rights of people upon land, and based on
theology philosophy and limited state power; a state is built by people and to welfare people and this
become philosophical foundation from egocentric ethic; [4] the land dispute involving public requires
settlements based on social, culture and theological aspects because land dispute settlement process based
on normative law always produces weak position for people; [5] reformation of right upon land right
cannot be limited by proof of possession, land use, or land control only, but it should embark from
democratic government policies oriented to tenant farmer welfare. Therefore, the Right to Cultivate
granted by the state should not be absolute, but considering public and social factors.
The author recommends philosophically and socially compromised efforts for land dispute settlements
with public by involving roles of limited state power and by not prioritizing law channel factors that cause
people miseries, and the efforts need to honor local wisdom values. Government should be wiser in
giving land right and more concern about local people’s interests who physically control the land, and to
give proper compensation. Government should be able to improve social order with more justice related
to land controlling, possessing, and using.