The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan

Haris Retno Susmiyati(1email), Rahmawati Al-Hidayah(2)


(1) Faculty of Law Mulawarman University, Samarinda
(2) Faculty of Law Mulawarman University, Samarinda
email Corresponding Author
CrossMark

Abstract


The effort of fulfillment over people's food is a constitutional obligation of the State.  The development of an increasingly large population can threaten the existence of the tropical wet forest area when opening the land needs of food became imperative. As was the case in East Kalimantan, the area of food land is diminishing because over the function of the land are massive for coal mining and palm oil plantations. This will bring up the feared conditions insistence to open forest areas to agricultural land of food.  The Central Government has the authority to make the national policy while the local government is based on the provisions of Division of the authority of Government, have the authority to make policies related to land protection food crop sector ongoing in the area. This article would like to know (1) How is the legal content in the regulation regarding the protection of sustainable food crop lands at the national level; and (2) how is regional can make a regulation of the protection sustainable food crop lands. The method is used the legal research of normative, as well as by the method of analysis is  analytic descriptive. Based on the results of the study it was concluded that the regulation of sustainable food crops land protection at the national level has been set in full, but the content of legal protection, there is a weakness in political designation, which allows agricultural lands sustainable food converted as long as there is not determination as a sustainable agricultural lands. In other words, the provision in The Law No 41 Of 2009 On The Protection Of Land For Sustainable Food  Plantation, but in substance precisely open up opportunities for the occurrence over the function of the land. there is a regulation on the region level regarding legal protection one of them the Regional Regulation No 1 Of 2013 On The Protection Of Sustainable Agricultural Lands, but contain elements of weakness that requires a determination of the agricultural lands before protection While official functionary who is not determination agricultural location does not get strict sanctions. This is a weakness for the agricultural land which has not been established, although physically it is the agricultural land of food, but because there is no designation then will not be affordable by the regulation of the area.  

Keywords


Land; Law; Agriculture; Natural Resource; Mining; Coal; Sustainable; Protection

How To Cite


APA: Susmiyati, H.R., & Al-Hidayah, R. (2020). The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan. Pattimura Law Journal, 5(1), 36-46. DOI: https://doi.org/10.47268/palau.v5i1.478.
IEEE: H.R. Susmiyati, and R. Al-Hidayah, "The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan", Pattimura Law J., vol. 5, no. 1, pp. 36-46, Sep. 2020. Accessed on: Oct. 27, 2021. [Online]. Available DOI: https://doi.org/10.47268/palau.v5i1.478
Harvard: Susmiyati, H.R., and Al-Hidayah, R., (2020). "The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan". Pattimura Law Journal, Volume 5(1), pp. 36-46. [Online]. Available DOI: https://doi.org/10.47268/palau.v5i1.478 (Accessed on: 27 October 2021)
Chicago: Susmiyati, Haris Retno, and Rahmawati Al-Hidayah. "The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan." Pattimura Law Journal 5, no. 1 (September 30, 2020): 36-46. Accessed October 27, 2021. doi:10.47268/palau.v5i1.478
Vancouver: Susmiyati HR, Al-Hidayah R. The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan. Pattimura Law J. [Internet]. 2020 Sep 30 [cited 2021 Oct 27];5(1):36-46. Available from: https://doi.org/10.47268/palau.v5i1.478
MLA 8th: Susmiyati, Haris Retno, and Rahmawati Al-Hidayah. "The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan." Pattimura Law Journal, vol. 5, no. 1, 30 Sep. 2020, pp. 36-46, doi:10.47268/palau.v5i1.478. Accessed 27 Oct. 2021.
BibTeX:
@article{PALAU478,
		author = {Haris Susmiyati and Rahmawati Al-Hidayah},
		title = {The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan},
		journal = {Pattimura Law Journal},
		volume = {5},
		number = {1},
		year = {2020},
		keywords = {Land; Law; Agriculture; Natural Resource; Mining; Coal; Sustainable; Protection},
		abstract = {The effort of fulfillment over people's food is a constitutional obligation of the State.  The development of an increasingly large population can threaten the existence of the tropical wet forest area when opening the land needs of food became imperative. As was the case in East Kalimantan, the area of food land is diminishing because over the function of the land are massive for coal mining and palm oil plantations. This will bring up the feared conditions insistence to open forest areas to agricultural land of food.  The Central Government has the authority to make the national policy while the local government is based on the provisions of Division of the authority of Government, have the authority to make policies related to land protection food crop sector ongoing in the area. This article would like to know (1) How is the legal content in the regulation regarding the protection of sustainable food crop lands at the national level; and (2) how is regional can make a regulation of the protection sustainable food crop lands. The method is used the legal research of normative, as well as by the method of analysis is  analytic descriptive. Based on the results of the study it was concluded that the regulation of sustainable food crops land protection at the national level has been set in full, but the content of legal protection, there is a weakness in political designation, which allows agricultural lands sustainable food converted as long as there is not determination as a sustainable agricultural lands. In other words, the provision in The Law No 41 Of 2009 On The Protection Of Land For Sustainable Food  Plantation, but in substance precisely open up opportunities for the occurrence over the function of the land. there is a regulation on the region level regarding legal protection one of them the Regional Regulation No 1 Of 2013 On The Protection Of Sustainable Agricultural Lands, but contain elements of weakness that requires a determination of the agricultural lands before protection While official functionary who is not determination agricultural location does not get strict sanctions. This is a weakness for the agricultural land which has not been established, although physically it is the agricultural land of food, but because there is no designation then will not be affordable by the regulation of the area.  },
				issn = {2527-7316},		pages = {36--46}			doi = {10.47268/palau.v5i1.478},
				url = {https://fhukum.unpatti.ac.id/jurnal/palau/article/view/478}
		}
		
RefWorks:

Citation format: 


[1] E Arsyad, 1989. http://infodanpengertian.blogspot.co.id/2016/02/pengertian-lahan-menurut-para-ahli.html#

[2] http://tesishukum.com/-protection-legal-sense – according to the experts/

[3] http://www.korankaltim.com/efektifkan-perda-perlindungan-lahan-pertanian

[4] http://www.klikbontang.com/berita-13171-luas-tambang-batu-bara-di-kaltim-capai-titik-maksimal.html diakses 19 Februari 2018

[5] http://koran-sindo.com/page/news/2018-02-07/5/3/Ekonomi_Kaltim_Kaltara_Bergantung_Pertambangan

[6] Statistict of East Kalimantan of 2017

[7] Valuation of Implementation of Sustainable Agriculture Land Policy (LP2B), Directorate of Food and Agriculture, Ministry of National Development Planning 2015

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DOI: 10.47268/palau.v5i1.478



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