HUBUNGAN KELEMBAGAAN FORMAL DAN INFORMAL DALAM PROSES PERIZINAN (IMB) DENGAN MENGGUNAKAN IZIN PAKAI PADA TANAH ULAYAT DI KECAMATAN KURANJI KOTA PADANG

Abstract

ABSTRACT The background of this research is a phenomenon of uncertified ownership of tanah ulayat (communal land) in which certification is a formal prerequisite in obtaining / arranging for permits to fulfill by all citizens including the owners of communal land. Office for City Planning and Interior of Padang City specifies a specific policy for uncertified communal land that community should fulfill requirements for IMB (Building Permit) by having a so-called “use permit” that is a formal letter which proves the ownership for as well as a permit to utilize the communal land. It is made by a chief of clan being authorized in arrangements for communal land, acknowledged by Head of Village and Head of Subdistrict. The use permit has no legality for there are no local regulations or Mayor’s Decree which stipulate it in building permit (IMB) arrangement for uncertified communal land. This research aims to study and to analyze coordination among formal and informal institutions in permit arrangement (IMB) which utilizes the use permit for uncertified communal land in Padang city. The objective of research is focused on analysis of variables related to coordination among formal and informal institutions in permit arrangement which utilizes the use permit for uncertified communal land. In particular, analysis of actor variable with reference to role and authority functions of formal and informal institutions. This very research employs qualitative-descriptive approach by means of interview and observation techniques as well as an in-depth study of relevant documents. The purpose is to figure out roles and functions of formal institutions engaged in permit arrangements and those of traditional community that require a permit to establish a building on uncertified communal land, and to find out any related processes/procedures, legalities as well as coordination among formal and informal institutions. The research findings reveal that coordination indeed takes place between government institution (Office for City Planning and Interior) and traditional/informal institution (chief of clan) in the form of use permit. It is an informality taking place within a formal process. Government applies a managerial approach in the form of coordination with traditional institution to deal with permit issues for uncertified communal land. The coordination also shows the role and function of informal institution being respectable and applicable in daily lives of communal society. Thus Office for City Planning and Interior can carry out its role and function in controlling development through permit (IMB) in line with the city plan. The use permit is merely a policy with no legality. However, building permit (IMB) for uncertified communal land with use permit is valid and legal. There seems to be no coordination with other government institutions pertaining to permit arrangement. Besides, there has not yet been database on communal land in the form of statistical data or ownership mapping of communal land. The recommendation proposed is that there should be a specific policy for communal land which regulates legal permit mechanism and institutional coordination related to permit arrangement (IMB). The use permit may be an effective solution for monitoring and controlling development in line with the city plan. Keywords : IMB (Building Permit), Communal Land, Formal and Informal Coordinations.