FOREWORD

Praise and Gratitude I prayed to God Almighty, because the abundance of his
gifts so that I can arrange this paper properly and on time. In this paper I discuss the
Dragon Village society and their relationship with the land.
This paper is made with an observation directly to the Dragon Village, and
some support from other parties to help resolve the challenges and barriers for doing
this paper. Therefore, I thank to all those who have helped in the preparation of this
paper.
I realize that there are still many fundamental flaws in this paper. Therefore, I
invite the reader, especially the lecturer to give suggestions and criticisms which can
build up. I expect constructive criticism from readers to further refinement of paper.
Hopefully, this paper can provide a benefit to us all.

Cikarang, July 2014

Author

AGRARIAN LAW - MARRIETTAPage 1

CONTENTS
FOREWORD

CONTENT

INTRODUCTION
A. Background
B. Goal
C. Research Question
D. Methodology

3
4
5
5

II.

DRAGON VILLAGES PROFILE

III.

LITERATUR REVIEW

IV.

DISCUSSION
A. Lands Function According to Dragon Villages Wisdom
B. Land Tenure System of Dragon Village
C. Government Recognition

12
13
17

V.

CONCLUSION

18

VI.

GALLERY

19

VII.

REFERENCES

20

I.

I.

INTRODUCTION
A. Background
Communities with local wisdom and knowledge has existed in the public life
since ancient times ranging from pre-historic times to the present, the local wisdom is
a positive behavior in humans relate to nature and the surrounding environment that
can be derived from religious values, customs, cultural advice of ancestors (Wietoler,
2007), who grows up naturally in a community to adapt to the surrounding
environment, this behavior evolved into a culture in the region and will thrive for
generations. In general, local culture or the culture of the region is defined as a
AGRARIAN LAW - MARRIETTAPage 2

culture that flourished in the region, whose elements are cultural tribes living in the
area.
Local Wisdom has the function of regulating the interaction of a community,
and how to treat the natural surroundings, including association patterns that wise and
prudent. The values of "Local Wisdom of Indonesia" is used by our ancestor, because
they realize that life is mutually needs between one and the other, including the nature
around. So,the ancestors were always reflect on the relationship of Local Wisdom.
In essence, how nature can provide the best for humans, if humans whose lives
depend on the nature, does not apply either to nature itself. Therefore, in order the
nature is not wrath, the good pattern of interaction between the members of human,
between human and nature, should be maintained based on the values of local
wisdom of the nations. Therefore, the ancestors really care of nature, including those
living in the surrounding, such as; animals, and herbs that are part of nature itself.
Ancestors never hunt animals, or cutting plant, just due to the sheer pleasure.
Local knowledge is also used as the basis for determining the functions of the
land and systems of land tenure of an area. In western legal conceptions,
understanding social function essentially in the form of reduction or restriction of
individual liberty for the common good. Instead the concept of social functioning in
Customary Law and National Land Law is part of original minds of Indonesian, that
Indonesia is a human individual and social human at once, who seek the realization of
balance, harmony and alignment between personal interests and common interests.
National land law does seem based on the wisdom of the nation.
Tenure system also is fundamental and vital within the scope of the land,
because every region has a clear tenur system with the aim to maintain the integrity of
an area. In addition to issues of land functions and tenure system, peoples need to be
also associated with the government's recognition of the existence of a community,
and the recognition of the land they own.

AGRARIAN LAW - MARRIETTAPage 3

Dragon Village society in Tasikmalaya is one of the society group in West Java
that still maintain the local wisdom in the midst of modernization effect attack.
Dragon Village society still maintain ancestral teachings in determining land
functions and regulate tenure system. The system they use is a system which has
survived for so long in accordance with local knowledge. How exactly are they in
maintaining local wisdom and knowledge in terms of regulating the land functions
and systems of tenure is an interesting thing to study.
B. Goal
The existence of this paper have a common goal to inform the reader about the
system of land arrangements/land use and the system of land tenure in Dragon Village
society. In addition to this goal, this paper made as the final project of Agrarian Law
subject.
C. Research Question
There are three questions that need to be discussed in this paper,namely:
1. What is the function of the land according to the local wisdom of peoples in Dragon
Village ? How is the practice ?
2. How are peoples in Dragon Village regulate the tenure system ? What is the
difference with regulation in Basic Agrarian Law?
3. How is Government recognize the tenure system of Dragon Village in utilizing their
land? Is there any Local Regulations concerning Dragon Village ? Is there any
individual lands certificate ? Who have individual lands certificate, when and how
many the wide of land in their certificate ?
D. Methodology
The methodology used in completing this paper is a qualitative methodology.
The author dropped directly into the field, namely Dragon Village to observe the
Dragon Village communities in the environment, interact with them, trying to

AGRARIAN LAW - MARRIETTAPage 4

understand the language and interpretation of the world around them, and conducted
interviews with the Dragon Village community.

II.

DRAGON VILLAGES PROFILE

Dragon Village administratively located in the area Neglasari, Salawu Subdistrict, Tasikmalaya, West Java. Location of Dragon Village is not far from the
highway that connects the Garut city with the Tasikmalaya city. This village is located
in a fertile valley, with the boundary on the west side of Dragon Village is limited by
the sacred forest because there is ancestral graves. In south bounded by rice paddies
population, and in the North and East limited by rivers Ciwulan that the source water
comes from Mount Cikuray in Garut. Distance from Tasikmalaya to Dragon Village
approximately 30 kilometers, while the distance from Garut city is 26 kilometers. To
reach Kampung Naga from the highway Garut-Tasikmalaya had to descend the stairs
that have been walled (Sundasengked) until the bank Ciwulan with a slope of about
45 degrees with a distance of approximately 500 meters. Then through the path down
to the river Ciwulan until into Kampung Naga1.
Dragon Village is one of villages that still can be accessed by the general public
in an era of modernization. Dragon Village has an area of 1.5 ha. The house in
Dragon Village number is always maintained, which shall not be less and more than
113 buildings. From the 113 building, the building are total of 110 houses, the rest is
1 The official website of West Java Province (Http://disparbud.jabarprov.go.id/wisata/dest-det.php?
id=29&lang=id)

AGRARIAN LAW - MARRIETTAPage 5

a mosque, meeting rooms and grand homes (rumahagung) that should not be
occupied by anyone. The number of total population of around 314 people, with a
total of 108 heads of households.
Dragon Village residents embraced Islam, which is combined with the local
cultural heritage of the ancestors first. Dragon Village Society held six times each
year traditional ceremony, where men worship, while women provide the food. Most
societiesof

Dragon Village are farming and raising fish. Agricultural crops are

usually planted rice, corn, vegetables. The land in the village is classified as very
fertile, because of the sloping soil texture, then bounded by the river, and flanked by
hills are quite steep. Because it is located in the mountainous region, the weather
conditions also greatly help the farmers in these villages, all planted crops can
flourish. On the back of the houses, there are fish ponds, containing catfish, and carp,
which are all the time ready to be harvested and provide a hefty income for the
society, are also used for common needs of peoples such for special occasions.
The uniqueness of the houses in Dragon Village is all thatched roofed, bamboo
floors and walls (woven / chamber) and the buffer of houses from the wooden and
pegs and facing the Qibla direction. Shape of the house is the home stage, which is
usually under the house there ready chickens eat the food provided through a crack in
the floor. The layout of the houses lined from top to bottom, from a distance looks
black and white like mushroom plant that thrives. On the roof of the houses there
Sunda emblem depicting peace. Fertility and peace is deeply felt when we started
down the steps toward the village. There are about 364 steps that need to pass before
reaching the Dragon Village. The stairs are made of stone, which will be slippery if
rain. Looked from the shape of houses, residents of Dragon Village is very close
kinship. This is reflected in the pattern of inter-group houses and face to face with a
field in the middle of village as a children's play area.
There is no definite information about the history of Dragon Village, because in
1956 Dragon Village burned to the ground by the forces of DI / TII who want to made
AGRARIAN LAW - MARRIETTAPage 6

Indonesia as an Islamic state, so that the whole document engulfed in flames. But
among stories, believed that their own ancestors is grandparent Singaparana that the
grave itself is located in a sacred forest to the west of Dragon Village. This grave is
considered sacred and always become the place of devotional visit (ziarah) by the
residents of Dragon Village when they will carry out traditional ceremonies or the
other. Compliance of Dragon Village themselves with fixed visited the grave of their
ancestors and while keeping the traditional ceremonies, as well as their lifestyle is to
stay in tune with the customs of their ancestors as in the case of religion and ritual,
livelihoods, knowledge, art, language, and until the equipment of life (household
appliances, agricultural and transportation) and so on with the base because they are
so respectful of the culture and manner of their ancestors. They remain firmly in
uphold the philosophy of life from their ancestors inherited from one generation to
the next. Habits are not considered from their ancestors are considered 'taboo' to be
implemented in everyday life. Violation of these provisions constitutes as indigeneous
violation that could harm not only to the offender, but also for the entire contents of
Dragon Village.
Admittedly, the Dragon Village has many restrictions, but has fewer rules.
Pamali word is a word that is not negotiable, all taboos are still taboos. Inversely
proportional to the country that has a lot of rules. Dragon Village community
cornerstone/basis in maintaining local wisdom are the culture and customs. Where
they believe that the culture is derived from nation, while custom derived from
hereditary. They also reject modernization because they believe that modernization is
simply life with style, while the culture is a lifestyle.

AGRARIAN LAW - MARRIETTAPage 7

III.

LITERATUR REVIEW
Since 1970, the land term is more often used. According to Food and
Agriculture Organizations of United Nations, The land is defined as the natural
surface that deserve to be called a balanced and interconnected with each other, have
attributes ranging from atmospheric biosphere, host rock, land forms, soils and
ecology, hydrology, vegetation, animals and the result of human activity in the past
and present who affirm that the variable was significant in the human use of current
and future.
In agrarian Law,the term of land used in juridicial meaning, as a meaning that
given limited by Basic Agrarian Law. In article 4 stated that On the basis of the right
to control of the state as defined in Article 2 defined the variety of rights over the
earth surface is called land, which can be assigned to and owned by people who either
alone or jointly with others as well as legal entities. Thus clearly that juridicial
meaning of land is earth surface.2
An understanding of soil types that are important for the utilization and
efficiency of land. Not all types of land can be used for agricultural land, to build
houses, plant establishment, or as pedestal of road. Every land has its own
characteristics that make an impact on land use in the limited power on soil. Before
land utilizing, should conduct a survey first.
Utilization of soil as a resource not only limited to soil within narrow limits, but
more extensive form as land. Land has an important role in human life, plants, and
other creatures. Humans have always tried to own and control the land, that will
determine the social status of human life. The diverse of neccesity, mastery of
technology, social and cultural conditions, and different economic society is the
2 Prof. Boedi Harsono, 2008. Hukum Agraria Indonesia; Sejarah Pembentukan Undang
Undang Pokok Agraria, Isi dan Pelaksanaannya. Jakarta, Djambatan. Hlm 18

AGRARIAN LAW - MARRIETTAPage 8

decisive factor in the use of land. Land management is an attempt by humans in land
use so that productivity of land remains high in a sustainable (long term).
The priority of rural land use are activities (businesses) that requires wide land
(space), for example:
1. Agriculture: rice paddies, fields, crops, pastures, and salting.
2. Livestock: poultry, other livestock, grazing.
3. Fisheries: fresh, salted, ponds.
In making the classification of the land, it is necessary to consider the following
matters3:
1. Each classification describe the real situation.
2. Classification adapted to the objectives to be achieved.
3. Scale map of the field should be able to accommodate the details of land use.
4. As can as possible the classifications is accommodate the classification that
ever made.
Beside land use system, there is land tenure system. Land Tenure System not
only a sense of ownership towards something or the land, which includes:
1. Right to use (Accsess);
2. Right to master (Control);
3. Right of Ownership either to plant, water, livestock, and so forth.
3 Hasni, S.H, M.H, 2008. Hukum Penataan Ruang dan Penatagunaan Tanah. Jakarta, Raja

Grafindo Persada. Hlm 51

AGRARIAN LAW - MARRIETTAPage 9

Property Right is a bundle of characteristics of exclusivity, inheritance, transfer

and implementation mechanisms. (Alchian and Deusetz).
The typology of property rights:
- Individual (private)
- Belong Together (Common)
- State-owned
- Open Access that associated with the situation where no clear ownership
rights.
Land rights are owned by a person or group of people over a piece of land
which is guaranteed by the common law or state law. The ownership rights not show
the relationship between people and objects, but relations between man with all the
property (land).

AGRARIAN LAW - MARRIETTAPage 10

IV.

DISCUSSION

A. Lands Function According to Dragon Villages Wisdom

Land in Dragon Village is about 1.5 ha, exploited by peoples with base local
wisdom of Kampung Naga society. Dragon village settlements have been established
for over 600 years and until now they are still following the ancestral rules even
though the era of modernization has been happening everywhere. The functions of the
land itself is to complement a primary needs of Dragon Village community, namely
the need for food and shelter.
Food needs comes with way to use the land for farming by communities of
Dragon Village. The majority of peoples take advantage of Dragon Village land to
grow rice. Rice plant has a system of 'Janli ", which is people will start to grow
simultaneously in January and July. The way to cultivate land is in the traditional
way, using a hoe to plow the field (human power). Besides growing rice, the land is
also used for planting other food needs, for example, tea, vegetables, and others.
To complement the needs of the board (house/building), people utilize the
functionality of Dragon Village land as public land for housing, community facilities
such as meeting places and mosques, and also as field of children's games. In
completing the construction material needs, Dragon Village communities plant trees
and bamboo that will be used for the renovation of the building. Trees commonly
planted are Manglid and Albasiah.
In addition, beside the land serves to complement the needs of primary,
community in Dragon Village is also functioning land as a counterweight to the
environment, in order to maintain environmental sustainability. That is why, peoples
in Dragon Village still retains a protected forest on the left and the right settlement.
Their decision bring Dragon Village to become 'environmental friendly village'.

AGRARIAN LAW - MARRIETTAPage 11

So, the function of land in Dragon Village community is already running

properly and in accordance with the allotment of land, so the land can gives benefit
for the peoples.
B. Land Tenure System of Dragon Village
In Dragon Village community, land tenure system is divided into 2 parts, the
land inside the fence and outside the fence area, which is bounded by a bamboo
fence. Land within the fence (Dragon Village), is an area of 1.5 ha of land and the
common property, which is customary rights(hak ulayat). Land contained within this
fence has an unlimited period of time, can not be traded, non-transferable, but may be
inherited. Typically, the land inside the fence used for residential purposes, custom
activities, and arable land. Dragon Village Society uses the principle of communal
rights to land inside bamboo fence. Van Vollenhoven in his book : Een customwetboekje

voor

het

Indonesie,

1925,

asserted

that

communal

rights

(beschikkingsrecht) can only be owned by the partnership law (gem eenschappen), in

the form of belongs with the customary law community and can not be privately
owned. Communal rights can not be separated forever. If remove it temporarily to the
"foreign" and result in a loss, then the foreigner must make restitution to the union
law that has tanah.4
While land outside the fence / out of Dragon Village, the land is a privately
owned (in accordance with government regulations). Because even though Dragon
Village peoples retain their custom, but they state that they will stay obey to
government regulation. Implementation of government regulations on tenur system
can be seen in the region outside the fence of bamboo Dragon Village that also
liveable by Dragon Village community

4 Edi Ruchiyat,1999, Politik Pertanahan Nasional Sampai Orde Reformasi, Penerbit

Alumni, Bandung, hlm 34.

AGRARIAN LAW - MARRIETTAPage 12

Law no.5 of 1960 on Basic Agrarian Regulations called the Basic Agrarian
Law (hereinafter abbreviated BAL) set the major issues regarding the control,
ownership, use, and land use in Indonesia. BAL embracing conception of land rights
derived from customary law, which has the basic pattern communalistic and contain
private type and filled with religious atmosphere. This is in accordance with human
nature that duumvirate is as individual beings and social beings. Therefore, the right
to land that strongest and fullest does not mean it is absolute, unlimited, and can not
be contested as the nature of eigendom rights (the absolute right of an item, belong,
belongs), but constantly glued by higher interest the social nature to bring prosperity
for all people in Indonesia.5
The duality of the national land law have ended with the unification of the
national land laws by making BAL as national land law. All rights existing prior to
the BAL should apply and will be converted into the new rights by BAL. BAL has set
the conversion provisions of the rights of the west (land right designated in the Dutch
colonial era) and the Indonesian rights to land as set out in Part Two of BAL. In the
implementation of the conversion of provision, to secure the status of the land owner,
the BAL states that only Indonesian citizens can become the land owner.6
The conversion of (former) Western rights stipulated by Agrarian Ministerial
Decree No.2 of 1960 on the Implementation of Several Provisions of the BAL, while
the conversion of the former Indonesian rights used the Regulationof Minister of
Agriculture and Agrarian (PMPA) No.2 of 1962 on Provisions Regarding
5Herman Soesangobeng, 2003, Kedudukan Hakim dalam Hukum Pertanahan dan
Permasalahannya di Indonesia, Pusdiklat Mahkamah Agung RI, Yogyakarta, hlm. 22.
6Warman K, Sardi I, Andiko, Galudra G. 2012. Studi Kebijakan Penguatan Tenurial
Masyarakat Dalam Penguasaan Hutan. Bogor, Indonesia. World Agroforestry Centre ICRAF, SEA Regional Office and Perkumpulan untuk Pembaruan Hukum yang Berbasiskan
Masyarakat dan Ekologis (HuMa). Hlm 19.

AGRARIAN LAW - MARRIETTAPage 13

Confirmation of Conversion and Registration Former Indonesian Rights to Land as a

guide. Recognizing the fact that the (former) Indonesia's rights in general do not have
a letter of proof of the right, then the proof is based on the evidence of tax letters /
landrente, Indonesia Verponding letter or proof of entitlement by the relevant
authorities. According to the Decree of the Domestic Minister No.SK.26/DDA/1970,
proof of the right are7:
a. Letter of the agricultural tax / Landrente or Verponding of Indonesia issued
before 24 September 1960 and / or prior to the enactment of the PP. 10 Year 1961 on
Land Registration.
b. Letters of purchase, grant, or exchange made before and witnessed by the
village head, before 24 September 1960 and / or prior to the enactment of the PP. 10
of 1961, expanded to before the enactment of the PP. 24 of 1997 (replacement for PP.
10 of 1961).
c. A decree of granting rights by the competent authority.
d. Letter of proof of ownership rights issued under the rules of self-government.
With the enactment of the PP no. 24 of 1997 on Land Registration and
Permenag / KBPN No.3 of 1997 on the Regulations of Implementation of the PP. 24
of 1997, then PMPA no.2 of 1962 is no longer valid. Accordingly, the provisions of
the old conversion rights (consisting of the rights of western and Indonesian)
enhanced by physical control plots of land for 20 years or more in a row (Article 24,
paragraph [2] PP. 24 of 1997). A person can acquire land rights with meet the physical
aspects, juridical aspects, and administrative aspects.8
Physical aspects contain of location, spacious, boundaries, and the use / land
utilization. It emphasizes the technical aspects of the operation. Juridical aspects
include ownership status, the subject of land rights and interests of third parties. This
aspect is more emphasized legal and civil rights of other parties over the land. While
7Ibid, hlm.20
8 Ibid

AGRARIAN LAW - MARRIETTAPage 14

the administrative aspects include the petition of right and other supporting
documents, such as proof of ownership / control, history of land ownership, the
process of issuing land rights decision, until the issuance of the certificate.
The difference between Dragon Village tenure system and BAL that can be seen
are as follows:
1. The land registration system : Dragon Village using private conveyancing
system, while BAL using the title registration.
2. The evidence of land rights: Dragon Village using unwritten system, while
BAL using written system.
3.The shape of legal certainty: Dragon Village using the recognition of
Indigenous Chief, while BAL using certificates.
4. The determination of limit process: Dragon Village has been determined
since its inception without change, while the BAL through a survey with specific unit
standards.
It can be seen that the tenure system is based on the Dragon Village is very
different from the tenure systemis based on national law. Differences exist in almost
all parameters comparison. While the equation are as follows:
1. Objects of land rights: The land that has a limit
2. Limit type: Fix Boundary.
C. Government Recognition
Recognition of land tenure systems of Dragon Village does not receive a written
acknowledgment from the government. However, the government seems to continue
to recognize the existence of indigenous peoples and tenure systems, can be seen
from the peace of the community Dragon Village. Village community was never
bothered by the Government. Because beyond their customary rights, people still
follow the rules of Government. There seems to be a reciprocal relationship between
the community of Dragon Village and the Government of Tasikmalaya, while Dragon
Village crowded visited by visitors both domestically and abroad (raising revenue
region), then the government gives to the people the customary rights. Regarding
individual land certificate valid at the area outside the fence of bamboo or outside

AGRARIAN LAW - MARRIETTAPage 15

customary rights area. Certificates of land at the outside of the fence of bamboo can
be owned by anyone, without any particular limit, as long as the existing in
accordance with Government Regulation.

V.

CONCLUSION
The functions of the land according to local wisdom of DragonVillage
community is to complement a primary needs of Dragon Village community, namely
the need for food and shelter.In addition, beside the land serves to complement the
needs of primary, community in Dragon Village is also functioning land as a
counterweight to the environment, in order to maintain environmental sustainability.
The tenure system in Dragon Village is diveded into 2, namely : costumary
right (hak ulayat) that in the bamboo fence with wide 1.5 ha that used for common
interest, there is no ownership right because the land is together belonging, and at the
outside of bamboo fence there are individual rights over the land without special
requirements, as long as accordance with national law, in other words they are using
land tenure system of state.
There is no written recognition

over Dragon Village existence or tenure

system, but Government still respect the costumary rights of DragonVillage. Because
the community still obey the Government, and Government get the benefits from
DragonVillage.

AGRARIAN LAW - MARRIETTAPage 16

VI.

GALERY

Students with the home owner where students live.

Bumi Ageung of Dragon Village as one of sacred place

Ex-Lumbung as one of sacred place

AGRARIAN LAW - MARRIETTAPage 17

VII. REFERENCES
http://disparbud.jabarprov.go.id/wisata/dest-det.php?id=29&lang=id
Prof. Boedi Harsono, 2008. Hukum Agraria Indonesia; Sejarah Pembentukan
Undang Undang Pokok Agraria, Isi dan Pelaksanaannya. Jakarta, Djambatan.
Hasni, S.H, M.H, 2008. Hukum Penataan Ruang dan Penatagunaan Tanah. Jakarta,
Raja Grafindo Persada.
Edi Ruchiyat,1999, Politik Pertanahan Nasional Sampai Orde Reformasi, Bandung,
Penerbit Alumni.
Herman Soesangobeng, 2003, Kedudukan Hakim dalam Hukum Pertanahan dan
Permasalahannya di Indonesia, Yogyakarta, Pusdiklat Mahkamah Agung RI.
Warman K, Sardi I, Andiko, Galudra G. 2012. Studi Kebijakan Penguatan Tenurial
Masyarakat Dalam Penguasaan Hutan. Bogor, Indonesia. World Agroforestry Centre
- ICRAF, SEA Regional Office and Perkumpulan untuk Pembaruan Hukum yang
Berbasiskan Masyarakat dan Ekologis (HuMa).

AGRARIAN LAW - MARRIETTAPage 18