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

(1) Faculty of Law Mulawarman University, Samarinda, Indonesia
(2) Faculty of Law Mulawarman University, Samarinda, Indonesia

Abstract
Keywords
DOI
10.47268/palau.v5i1.478
Published
2020-09-30
How To Cite
@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} }
[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
[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
Cited-By:
1. Developing food security with sustainable agricultural land policies: A systematic review
R. Ayu Chairunnisya, Ali Jamil, F.N. Ani, T. Kazuhiro, A. Setyawan
E3S Web of Conferences vol: 479 first page: 07022 year: 2024
Type: Journal [View Source]
2. Protection of agricultural land in realizing sustainable food security
Erni Dwita Silambi, Nurwita Ismail, Dina Fitri Septarini, Ramdhan Kasim
IOP Conference Series: Earth and Environmental Science vol: 1253 issue: 1 first page: 012022 year: 2023
Type: Journal [View Source]
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan |
2. | Creator | Author's name, affiliation, country | Haris Retno Susmiyati; Faculty of Law Mulawarman University, Samarinda; Indonesia |
2. | Creator | Author's name, affiliation, country | Rahmawati Al-Hidayah; Faculty of Law Mulawarman University, Samarinda; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Land; Law; Agriculture; Natural Resource; Mining; Coal; Sustainable; Protection |
4. | Description | 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. |
5. | Publisher | Organizing agency, location | Faculty of Law, Pattimura University |
6. | Contributor | Sponsor(s) | Islamic Development Bank Project, Mulawarman University |
7. | Date | (YYYY-MM-DD) | 2020-09-30 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/palau/article/view/478 |
10. | Identifier | Digital Object Identifier | 10.47268/palau.v5i1.478 |
11. | Source | Title; vol., no. (year) | Pattimura Law Journal; VOLUME 5 ISSUE 1, SEPTEMBER 2020 |
12. | Language | English=en | en |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions:
Licence : The Pattimura Law Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
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Copyright (c) 2020 Haris Retno Susmiyati, Rahmawati Al-Hidayah

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Cited-By:
1. Developing food security with sustainable agricultural land policies: A systematic review
R. Ayu Chairunnisya, Ali Jamil, F.N. Ani, T. Kazuhiro, A. Setyawan
E3S Web of Conferences vol: 479 first page: 07022 year: 2024
Type: Journal [View Source]
2. Protection of agricultural land in realizing sustainable food security
Erni Dwita Silambi, Nurwita Ismail, Dina Fitri Septarini, Ramdhan Kasim
IOP Conference Series: Earth and Environmental Science vol: 1253 issue: 1 first page: 012022 year: 2023
Type: Journal [View Source]