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RUSSIAN LAW JOURNAL Volume XI (2023) Issue 3
SOCIAL IMPACTS AND RESETTLEMENT: LAND ACQUISITION FOR YOGYAKARTA INTERNATIONAL AIRPORT
SETIOWATI, ABDUL HARIS FARID, DWI WULAN TITIK ANDARI, NURAINI AISIYAH, SUHARNO,
ROHMAT JUNARTO, DIAN ARIES MUJIBUROHMAN
Sekolah Tinggi Pertanahan Nasional, Yogyakarta, Indonesia Email: setiowati@stpn.ac.id
Abstract: This study aims to analyze the social impacts and resettlement of communities that were affected by the land acquisition for Yogyakarta International Airport, which is considered to have been successful due to the absence of conflicts and disputes between the communities served and investors. Government agencies do not deal with socioeconomic issues such as resistance, conflict, household divisions, or a lack of socioeconomic relations between indigenous people and newcomers to a region. These issues can arise because there are no socio-economic relations between the two groups. On the other hand, the resolution of one of these issues might facilitate the discovery of answers to the remaining issues. The majority of households affected by the implementation of favorable accounting have spent money in both the consumer and productive sectors, proving that the strategy was successful. The purchase of land does, however, come with a number of drawbacks, such as increased competition for available jobs, a general decline in living standards, and other problems.
Keywords: Land Acquisition, Resettlement, Public Interest INTRODUCTION
Infrastructure development manifests the state's closest relationship with its citizens through the acquisition of land for public purposes (Akib et al., 2023). Infrastructure development which is being promoted by the government to support economic growth is often hampered by land acquisition problems (A. R. Dewi et al., 2020). Accelerating infrastructure development and delivering high-quality infrastructure facilities and services are two ways that progress equity is pursued (Munawaroh & Haryanto, 2021). Infrastructure program governance is an important element of strategic planning in developing countries (Khan et al., 2019). Infrastructure development is integral to national development and a primary driver of economic expansion. Therefore, it is believed that infrastructure development drives the development of a region. Infrastructure also plays an essential role in bolstering the nation's cohesion and integrity.
Infrastructure development is inseparable from the loss of land, which alters the land's use, characteristics, and impact on human welfare. Infrastructure development through land acquisition results in a loss of employment for local communities, a decline in income and asset ownership, and an increase in the cost of living (Ketema et al., 2022; Utami et al., 2021), The inability of affected property owners to relocate themselves (Mangioni, 2018). But there is a positive side of land acquisition namely; Building social relations between the government and rural residents is useful for promoting cooperation (Wang & Sun, 2023), financial compensation for land acquisition, especially the development of new airports, has a positive impact on both total annual income and total annual expenditure (Purbawa, 2022) and other positive things in land acquisition.
In Indonesia, Land Acquisition Law No. 2 of 2012 governs land acquisition procedures. In principle, land acquisition is conducted through planning involving all stakeholders, taking into account the balance between the interests of development and the interests of the community, and land acquisition for the public interest is conducted through the provision of adequate and fair compensation. Compensation is a proper and fair compensation to the party entitled to the process of land acquisition, so that landowners do not experience losses after being hit by land acquisition.
In actuality, the problem of land acquisition does not end with the completion of compensation payments and the resolution of resident issues, including relocation. There are always important matters remaining after land acquisition, such as taste justice for affected individuals (M. Nazir Salim, 2022). The most important thing is to look at the social and resettlement impacts after land acquisition, which is the focus of this study, whether the community is getting better or not. This research takes the case of Yogyakarta International Airport (YIA). At first, building the airport had both pros and cons. Many things have been studied, such as issues of compensation, relocation, land disputes, and the effects of land change, but research on land acquisition is rarely done. It is important to do research that bridges the time before and after land acquisition, because talking about land acquisition is usually seen as a bad thing and is even seen as a violation of human rights. In general, community rejection is one of the problems with getting land for development in the public interest. This is because there aren't enough people involved in the community or interested in the project (Nayoan & Prasetyo, 2020; Rahayu & Amrin, 2022). The construction of YIA Airport is considered urgent, although some parties still refuse. Yogyakarta Province has two airports, namely Adisutjipto Airport and YIA Airport. The construction of YIA Airport was due to: the capacity of Adisutjipto Airport, which was no longer able to accommodate the number of passengers; the length of the runway, which was unable to accommodate wide-body aircraft. In addition, the apron can only accommodate 11 aircraft; the airport is a civil enclave belonging to the Indonesian Air Force, which was built in 1938 and designed for military flights; development at Adisutjipto Airport also could not be carried out due to limited land and natural constraints; Yogyakarta is the second tourist destination city after Bali.
1. Social Impact of Land Acquisition
Land acquisition concepts, theories, and practices are not simple and are relatively complex because they involve the rights or ownership of third parties, such as private property, corporations, customary law communities, and state and social institution rights (N. L. G. M. P. Dewi & Salim, 2020). Land acquisition for the implementation of development experiences obstacles due to the legal complexity itself; due to the acquisition of land that is controlled or owned by individuals or legal entities, legal complications when developing the acquisition of land controlled by government or regional institutions, BUMN or BUMD land, land transmigration, land in forest areas, land with natural resources, such as in mineral, coal, geothermal, oil, and natural gas mining areas, all of which are regulated in sectoral laws, land acquisition or release is regulated in a separate procedure (Mujiburohman & Kusmiarto, 2014).
The pattern of land tenure affected by land acquisition varies, namely 97.42% ownership rights, 0.2% land use rights, 2.2% land use rights, and 0.2% waqf land and land parcels that have not been registered and the sultan's land which amounts to one-third of the total land required (N. L. G. M. P. Dewi & Salim, 2020). Land acquisition activities for development in the public interest often arise due to the termination of legal relations between people and their land, where people must be willing to lose access to their land for the sake of development, even if in exchange for compensation (Padjo & Salim, 2020). This transition involving investment and dispossession has driven people off agricultural land without absorbing them to work in the manufacturing sector or elsewhere in the economy (Pujiriyani et al., 2016, 2019). Compensation in the form of resettlement is one of the issues that frequently sparks conflicts due to land acquisition. Refusal is a common reaction to land acquisition proposals that involve relocating residents or the community (Pujiriyani, 2013). The condition of the community-controlled land is quite extensive, which has an indirect effect on the social situation in the community.
Table 1: Land Status at the Land Procurement Location Airport Development
No Land Ownership Amount (m2)
1 Lands
a. Community land 3.523.953
b. Crown land 1.692.971
c. Village treasury land
1.039.632 30.835 32.250 10.800 35.201 784 4.872
6.371.727 = 637.1 hectares
2 Burial ground
3 village Road
4 Irrigation, Regional Property
5 School ground
6 Kampling Post, Gapura
7 Worship place Total Number
Source: Secondary data, see (N. L. G. M. P. Dewi & Salim, 2020) and (Pitasari et al., 2020)
Most of those affected by airport land acquisition were community landowners, and the total number of affected families was 518 out of a total of 1,044 families. According to the results of interviews with several hamlet leaders and village officials in the affected areas, the construction of the YIA airport had a positive impact on the community's economy in several categories:
1. Individuals who have lost their residence receive a replacement dwelling by constructing a home on village treasury land, with compensation funds used to cover the cost of construction.
2. Individuals who are unwilling to occupy the provided relocation site purchase land elsewhere and build on it, while others purchase houses directly.
3. People who cannot afford to buy a house and who are not included in the relocation policy are provided with special houses built by the Ministry of Public Works and Public Housing of type 36 square meters and equipped with electricity, clean water, drainage, and good environmental roads; each house is constructed on an 80-square-meter plot of land.
4. Communities that have lost their source of income as sharecroppers are compensated with a calculated yield value for the next three years in the hope that they can live decently as long as they are searching for arable land, before receiving replacement agricultural land.
5. Individuals who have built or purchased a home still have savings, which are invested in motorized vehicles, such as trucks, for the transportation service business.
There are four distinct styles of impacts. First, the good effects, or those that the planners of the development and other interested parties agree are positive. Second, there are unfavorable effects, or those that opponents of the development plan and other interested parties view with disfavor. Third, the actual impact, or the impact that was anticipated and therefore known to have occurred by the planners of the development. Fourth, the impact that is not realized—in this case, the impact that is not known or was not intended by the organizers of the development— Land acquisition certainly has an impact on social change, like a change in mindset, social relational behavior, lifestyle and culture, and community structure.
People who live in the rural areas close to the airport and make their living through subsistence farming on a smaller scale The manner in which people own land shifts as a result of land acquisition, which in turn affects the degree to which individuals trust one another. We believe that the shift from land being owned by the community and individual farmers to land being owned by large investors has made it more difficult for people to trust one another in the area. Additionally, large-scale land investments do cause damage to the social fabric of the area by making individuals less trustworthy of one another. This is one of the ways in which they do this.
The YIA airport land acquisition is likely to have far-reaching impacts on the affected communities. They will be uprooted from the basis of their way of life: their land. Some families may be forced to move to urban areas due to a lack of land, which can have a negative impact on their economic and social well-being. The majority of people whose lives will be disrupted by the project are farmers who make a living through farming, grazing, and fishing, and they may struggle to adapt to their new environment with new means of livelihood. This land acquisition has long-term effects, including the permanent relocation of local people who often do not have access to suitable long-term economic alternatives.
Many people affected by the project have felt disadvantaged by the compensation process, and some have regretted the choices that led to their current state of homelessness and financial hardship. There is great concern because they will compete with the local population for a limited number of low-skilled jobs. There is disagreement between native-born youth and 'foreigners' regarding available jobs. adequate provision of sustainable alternative livelihood options Many project-affected people have complaints about the compensation process, and some regret the decisions they made, which have now left them homeless and destitute.
The acquisition of land has a detrimental effect on local economies by lowering incomes, eliminating jobs, reducing home ownership rates, and driving up the cost of living. The majority of people whose lives will change as a result of the YIA airport's construction are agricultural workers (farmers, ranchers, laborers, and smallholders). Post-land acquisition difficulties can be traced back to a lack of monitoring of community life as well as a limited, unsustainable strategy for restoring people's lives. Land-needing organizations and other interested parties need to talk about this issue so that they can develop a plan to lessen the likelihood of undesirable outcomes associated with land acquisition. So that the community can have a sustainable life, the land acquisition program must include comprehensive and binding regulations outlining resettlement efforts and restoring community life (Utami et al., 2021).
2. Resettlement of affected communities in land acquisition
The main principle of compensation is that "land is paid for with money", that is, the holder of the affected land title can receive a certain amount of money. In terms of compensation for losses, it must not only be fair or equitable but also effective in benefiting landowners. In other words, compensation in cash or land may not be sufficient to ensure that displaced people recover and improve their livelihoods in the long term. This may require additional assistance, such as training, etc. Table 2 shows that resettlement was carried out on village treasury land and Pakualaman Ground (PAG) land. The number of heads of households (KK) affected by the construction of the airport was 518 families. It is agreed that the pattern of permanent housing construction will be carried out according to the pattern of community empowerment, which means placing the community as the main actor. In the planning, implementation, and monitoring phases, the community is actively involved in realizing their settlements so that the settlements built are in accordance with their needs.
Table. 2 Resettlement of Communities Affected by Land Acquisition
Affected Resettlement Information
village location
Jangkaran Ground the village Settlements become one environment in the village area of
village treasury Jangkaran
Palihan Ground the village Settlements become one environment in the area of Palihan
village treasury village and adjoining villages
Glagah Ground the Settlements become one environment in the village area of
village village treasury Glagah, including schools and mosques that merge with
residents' locations
society can Pakualaman - The house was built by the Government (Ministry of
not afford Ground (PAG) land PUPR) which was granted to the Government of Kulon Progo
Regency
- The status of the Building Right to Use and the status
of the Magersari Land
Source: Kulon Progo Regency Land Office (2020)
Based on the Regulation of the Regent of Kulon Progo Number 109 of 2016 concerning Guidelines for the Implementation of Resettlement Development for Residents Whose Residential Houses Are Affected by Land Acquisition for the Development of Yogyakarta New Airport, Policies that have been established for carrying out resettlement construction for affected residents consist of:
1. The head of the family whose house is affected by land acquisition and who has the purchasing power for resettlement construction is provided land on village land.
2. The head of the family whose residence is affected by land acquisition and who does not have the purchasing power for the construction of the settlements provided on village land consists of: a. The head of the family who lives in a house belonging to the head of another family. b. The head of the family lives in his own house, but the land belongs to someone else. c. The head of the family lives in his own house and on his own land, but the compensation money received is not sufficient to buy the resettlement provided.
Location of resettlement development:
a. Ground the village treasury: i) land is provided for each plot of house with an area of 200 m2/KK by providing compensation money for the village treasury to the government local village according to the price of the land that has been determined by the appraisal team; ii) houses are built with a choice of type 36, 45, 60, or 100 according to the capabilities of each family.
b. Paku Alam Ground (PAG): i) Intended for residents to apply to Paku Alam Ground (PAG); ii) Land with an area of 100 m2/KK with Magersari status is provided; iii) Houses built type 36.
Despite the fact that the policy regarding resettlement has been carefully regulated, there are still some disadvantages associated with it. These disadvantages include the loss of land rights, trees and crops used for food production, building structures, and space above and below the ground, as well as other losses that can be quantified. Resettlement area issues: a) From a demographic point of view, the population affected by land acquisition in the site study is not too young. The average age of the average household head is 54, 57, or 53 years. This implies that there are limited opportunities for the affected head of household to find a new job while the airport is operating; b) the origin village has slightly larger household sizes than the relocation area. The average household size in the village of origin is slightly higher than in the two relocation areas (3 people per household). In some traditional villages, larger household sizes indicate more complex household structures. Participants in relocation programs include those who are able to form the core of a household. This is particularly true for those who are relocating to a new location where they can design their own home; c) two-thirds of the affected households reported a dusty environment as disturbing, leading to difficulty breathing. In addition, the land clearing, transporting, dredging, and filling produce much dust, which spreads around the area following the winds. However, this problem ended as the construction of the runaway was finalized. (Rijanta et al., 2022).
CONCLUSION
Land acquisition is a complex process that involves the rights of third parties, such as private property, corporations, customary law communities, and state and social institution rights. It can lead to conflicts due to the termination of legal relations between people and their land, as well as compensation in the form of resettlement. The condition of the land controlled by the community is large and varied, indirectly impacting the social condition of the community. The construction of the YIA airport has had a positive impact on the community's economy, with 518 families out of a total of 1,044 families affected. However, there are four distinct styles of impacts: good, unfavorable, actual, and not realized.
The acquisition of land has a detrimental effect on local economies by lowering incomes, eliminating jobs, reducing home ownership rates, and driving up the cost of living. The vast majority of those whose lives the project will affect are agricultural workers (farmers, ranchers, laborers, and smallholders). Post-land acquisition difficulties can be traced back to a lack of monitoring of community life and a limited, unsustainable strategy for restoring people's lives. Land-needing organizations and other interested parties need to talk about this issue so that they can develop a plan to lessen the likelihood of undesirable outcomes associated with land acquisition. Compensation for losses must be fair and equitable and effective in benefiting landowners. Resettlement was carried out on village treasury land and Pakualaman Ground (PAG) land, with 518 families affected. Community empowerment was used to ensure the settlements were in accordance with their needs. Policies were established to carry out resettlement construction. The policy
regarding resettlement has been carefully regulated, but there are still some disadvantages associated with it. These include the loss of land rights, trees and crops used for food production, building structures, space above and below the ground, and other losses that can be quantified. Resettlement area issues include the population affected by land acquisition not being too young, the origin village having slightly larger household sizes than the relocation area, and two-thirds of the affected households reporting a dusty environment as disturbing, leading to difficulty breathing. However, this problem ended as the construction of the runaway was finalized.
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