Kontinuitas Penguasaan Tanah Ulayat Masyarakat Adat Oleh Negara ( Studi Kasus : Penguasaan Tanah Ulayat Masyarakat Adat Kampung Naga Dari Masa Kolonial Belanda Hingga Era Reformasi)

NASIR, Nurlatipah, Ratnawati

2013 | Tesis | Politik dan Pemerintahan

ABSTRACT The change of communal lands‟ ownership to the outsiders is the main problem that occurs in almost all-indigenous communities in Java. Indigenous people of Kampung Naga even had lost their communal lands since the Dutch Colonial rule. After Indonesia proclaimed its independence from the Dutch, the communal lands now belong to state control. The issuance of TAP MPR No. IX Year 2001 on Agrarian Reform and Natural Resources Management had strengthened state control over the communal lands. The fact in Kampung Naga indicated the continuation of state control over the communal lands. The theory of hegemony and domination, and also the relations between formal institutions and informal institutions was used to analyze power relation between the state and the indigenous people of Kampung Naga in order to find out the cause of the continuity. The analysis covered the period of Dutch Colonial Rule, the Old Order, New Order and the reformation era. How the indigenous people of Kampung Naga reacted toward such policies was also investigated. The study carried out qualitatively and using case study approach. The collection of data took place through literature study, ethnography, and in-depth interview. The findings revealed that the State continued its control due to its large and dominant power. The changes in governmental regime that carried out different policies resulted in the dynamics of power relations between the two. During the Dutch Colonial and New Order rule, power relations were dominant, characterized by the use of mean of coercion that resulted in the resistance from the community. While during the Old Order and the reformation era, power relations were hegemonic which is characterized by the use of mean of establishing hegemonic leadership, using repressive state apparatus as means of coercion which transformed itself becoming patron, and the contestation of discourse which resulted in consensus to the State. The presence of cooperatives ran by the traditional institutions as a mean of establishing hegemonic leadership had paralyzed indigenous people‟s resistance. The elderly imposed obedience attitude toward the State through cooperatives, while gaining benefits from taking such position. In this context, the existence of cooperatives could be seen as accommodating informal institutions; to accommodate the interest of indigenous people did not mean that the state lost its power, indeed, it was one of the ways to create stability within the community, which was the real purpose of hegemony. (Keyword : Hegemony, Domination, Indigenous Peoples , the State , Discourse , Communal Land)

Kata Kunci : Pertanahan