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

2020 ◽  
Vol 5 (1) ◽  
pp. 36
Author(s):  
Haris Retno Susmiyati ◽  
Rahmawati Al-Hidayah

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.  

2017 ◽  
Vol 1 (2) ◽  
pp. 18
Author(s):  
Komaruddin Komaruddin ◽  
I Gusti Ayu Ketut Rachmi Handayani

Indonesian population growth has increased rapidly. Therefore, it needs residential land to build schools, markets, and various public places. This condition makes land conversion increase as agricultural land in Indonesia is wide and relatively easy to be converted. However, if this happen continuously, Indonesia will face endanger of food resilience. Actually, a legal instrument, Law Number 41 of 2009 on Sustainable Food Agricultural Land Protection, is a law that prevents agricultural land conversion for the sake of national food resilience Practically, agricultural land conversion unstoppable and continuously keeps happening. Therefore, judicial approach is significantly required in to comprehensively prevent agricultural land conversion.


2013 ◽  
Vol 31 (2) ◽  
pp. 137
Author(s):  
Amar Kadar Zakaria ◽  
Benny Rachman

<p><strong>English</strong><br />To maintain the existence and capacity of agricultural production, the Government Regulation No. 1/2011 (PP No.1/2011) was issued to regulate the Establishment and Conversion of Sustainable Food-Crop Agricultural Land. This regulation is a mandate of the Law No. 41/2009 (UU No. 41/2009) on sustainable food-crop agricultural land protection (PLP2B). Implementation of PLP2B need support of regional plan (RTRW), economic incentive, and institutional aspect. PLP2B implementation depends on support and participation of farmers such as consolidated land especially on irrigated lowland areas. The study aims: (i) to review the policy and implementation of PLP2B and the influencing factors; (2) to review economic incentive instrument; and (3) to review institutional aspect. This Act implementation is not well disseminated at regency’s level. Farmers’ response to this Act is good enough.</p><p> </p><p><strong>Indonesian</strong><br />Dalam upaya menjaga eksistensi dan kapasitas produksi pertanian, pemerintah menetapkan Peraturan Pemerintah (PP) Nomor 1 Tahun 2011 tentang Penetapan dan Alih Fungsi Lahan Pertanian Pangan Berkelanjutan. PP tersebut, merupakan amanat Undang-Undang Nomor 41 Tahun 2009 tentang Perlindungan Lahan Pertanian Pangan Berkelanjutan (PLP2B). Untuk menunjang implementasi PLP2B perlu dukungan konkrit yang dalam operasionalnya berupa penetapan Rencana Tata Ruang Wilayah (RTRW), insentif ekonomi dan aspek kelembagaan. Implementasi PLP2B sangat tergantung dari dukungan dan partisipasi masyarakat petani dan dalam pelaksanaan PLP2B konsolidasi lahan/usaha perlu diarahkan ke wilayah lahan sawah irigasi. Berdasarkan hal tersebut, telaahan ini bertujuan untuk: (1) membahas kebijakan dan implementasi Undang Undang PLP2B serta faktor-faktor yang mempengaruhinya; (2) mengkaji instrumen insentif ekonomi yang dibutuhkan dalam PLP2B; dan (3) mengkaji kelembagaan yang kondusif. Pelaksanaan program PLP2B belum sepenuhnya tersosialisasikan di tingkat kabupaten. Respon petani terhadap program PLP2B sangat baik.</p>


2019 ◽  
Vol 8 (1) ◽  
pp. 8-15
Author(s):  
Martin Illáš

AbstractAt present, the issue of agricultural land protection resonates in a wide range of scientific disciplines. Individual approaches to the subject are in line with the relevant field, but the basis should always be grounded in the current legislation. The paper is a technical description focused on identification of the basic terms, relations, problems, goals and challenges and possible legal or legislative solutions of the physical protection of the agricultural soil and the legal protection of the agricultural land as an object of legal relations in the Slovak Republic. Achievement the goals and their legal realisation is possible only if certain legal obstacles are resolved on the national level and level of European Union. This paper represents a basic analysis, which can possibly serve as a support for an attempt to resolve the defined problems by the legislative means.


2021 ◽  
Vol 905 (1) ◽  
pp. 012043
Author(s):  
T Kumayza

Abstract Amdal regulation on mining exploitation according to Law No. 32 of 2009 aims to protect and manage the environment properly. This research reveals the paradox of EIA at the micro level (a case study) supporting the neoliberal agenda and facilitating economic development. This study aimed to explore how the practice of compensation for agricultural land at the scoping stage in the preparation of mining Amdal documents. The research was conducted in Mulawarman village, Kutai Kartanagara district, East Kalimantan province in the period 2004-2013. Historically, in the 2004-2013 period, Kutai Kartanegara Regency was the most massive in issuing mining business permits in Indonesia. The results of the study indicate that there was weak legal protection for agricultural land owners and unequal negotiation practices between companies and land owners without government supervision. The practice of compensation is a development tool rather than an environmental protection tool..


2021 ◽  
pp. 74-80
Author(s):  
Tetiana Ivaniuk

Purpose. The aim of the article is determining the conditions of rational use of agricultural land conditions and substantiation of measures to optimize the distribution and rational use of agricultural land. Methodology of research. General scientific and special methods are used to achieve this goal: the dialectical method of scientific knowledge – to consider the essence of the rational use of land and its protection; synthesis – to clarify the relationship between the subjects of land relations; analysis – to assess the constituent elements of agricultural land; graphic – for visual display of the obtained results; abstract and logical method – for the formation of conclusions and research proposals. Findings. The state and rational use of land in the region and the state are studied. The structure of agricultural lands in Ivano-Frankivsk region and Ukraine is analysed. The main ecological and economic aspects of land tenure and land use in agriculture are described, including changes in land relations. The main reasons that caused the negative trends of rational use and protection of land in agriculture are identified. Measures have been developed for the rational use of land in the economic activity of land and its protection. Originality. Approaches to the interpretation of the concept of “rational use of land” are systematized and generalized. Measures on rational use of agricultural lands in economic activity are offered, namely: creation and realization of innovative scientific and technical programs in the field of rational use of lands and their protection; improving the regulatory framework in the field of land relations; development of a mechanism for financing programs; introduction of environmentally friendly ways of agricultural production, etc. Practical value. The expediency of studying and forming the conditions of rational use of agricultural lands is proved. The results of the study can be used by agricultural enterprises in conducting business activities. Key words: agricultural lands, rational use of lands, land protection, land tenure, land use, land fund, agricultural enterprises.


Author(s):  
Nita Inopianti ◽  
Khursatul Munibah ◽  
Moh. Yanuar Jarwadi Purwanto

The population increase and regional development are causes of decreasing agricultural land. For supporting agricultural land protection, Sukabumi City issued a Regional Regulation Number 1 of 2016 concerning Sustainable Food Agricultural Land Protection Policy in Sukabumi City (LP2B) which determines 321 ha land as eternal agricultural land. This study examines a level LP2B policy implementation in Sukabumi City. Factors that will be considered: the level of land readiness as LP2B, the level of an implementation incentive program, the level of response and availability of farmers, and the level of infrastructure and information systems readiness. The analytical method used is a descriptive method through collecting data by interviewed farmers, government and reviewing documents related to LP2B policies. The results of the study show that for land readiness, in early 2021 Sukabumi city is ready for about 10.024% % from total planned land. For the implementation of LP2B incentive program, the majority of farmers has not experienced the incentive program. For the farmer’s response and availability, the majority of farmers does not know about LP2B policy, 80% of owner farmers are ready to provide their land into LP2B with some conditions. The availability of irrigation infrastructure in Sukabumi City is very good, where more than 75% of respondents rice fields has an irrigation system. Related to LP2B information system, Sukabumi City has issued a Mayor Regulation Number 8 of 2018 concerning LP2B Information System in Sukabumi City, but this system has not been optimal in providing basic information that is required to exist in a LP2B information system.


Author(s):  
Marvin Angelo Gracino ◽  
Evi Priyanti ◽  
Dewi Noor Azijah

Sustainable Food Agricultural Land Protection is a system and process in planning, developing, utilizing, controlling, and monitoring agricultural land that is determined to be consistently protected in order to produce staple food for national food security. Currently, food agriculture land in Karawang Regency is increasingly under threat along with the rapid development of the industrial sector in the area and threats from the surrounding area. Not only because of the conversion into industrial land, but the existence of factories around it also threatens soil fertility and water quality due to the factory waste itself. The focus in this paper is how the Karawang Regency Government carries out Collaborative Governance in protecting sustainable food agricultural land. In this study, the authors used a qualitative method with a phenomenological approach. The purpose of this research is to explain how to study and analyze the implementation of policies on the protection of sustainable agricultural land with one of the stages of collaborative governance from Ansell and Gash, namely share understanding. The results showed that the Government of Karawang Regency has succeeded in conducting share understanding in collaborative governance well because it has the same goal, namely to create national food security. Openness and interdependence with each other fosters a sense of understanding. However, the community's understanding regarding PLP2B is felt to be lacking because they have not received good socialization from the Karawang Regency Government.


2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Judo Satria ◽  
A. Faroby Falatehan ◽  
Irfan Syauqi Beik

ABSTRACTProtection of sustainable food agriculture land is an efforts in order to control the high rate of conversion of agricultural land to non-agricultural land, as well as food security and sovereignty. In addition, agricultural land has a very strategic role and function for the people of Bogor District who are agrarian because there are a large number of residents of Bogor District who depend on the agricultural sector. This study aims to formulate the strategy of the Bogor District Government through a strategy to control the transformation of sustainable food agricultural land to meet the level of food sufficiency and protect from the rate of land conversion. To achieve these objectives, a review needs to be done to check the availability of agricultural land, with the formulation of Analytical Hierarchy Process for policy development decisionKeywords: agricultural land conversion, agricultural land protection strategy.ABSTRAKPerlindungan lahan pertanian pangan berkelanjutan merupakan salah satu upaya dalam rangka pengendalian terhadap tingginya laju alih fungsi lahan pertanian ke lahan non-pertanian. Serta terkait pula dengan ketahanan dan kedaulatan pangan. Disamping itu, lahan pertanian memiliki peran dan fungsi yang sangat strategis bagi masyarakat Kabupaten Bogor yang bercorak agraris karena terdapat sejumlah besar penduduk Kabupaten Bogor yang menggantungkan hidup pada sektor pertanian. Penelitian ini bertujuan untuk merumuskan strategi Pemerintah Kabupaten Bogor melalui strategi pengendalian alihfungsi lahan pertanian pangan berkelanjutan guna memenuhi tingkat kecukupan pangan dan melindungi dari laju konversi lahan. Untuk mencapai tujuan tersebut maka dilakukan tinjauan terhadap ketersediaan lahan peruntukan pertanian, dengan perumusan Proses Hirarki Analitik untuk keputusan pengembangan kebijakanKata Kunci : alihfungsi lahan pertanian, strategi perlindungan lahan pertanian


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