The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan
Abstract
https://fhukum.unpatti.ac.id/jurnal/palau/article/view/478/244
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 l
and 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 se
ctor 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 sustaina
ble 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 re
garding 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
functio
nary 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 the
n will
not be affordable by the regulation of the area.
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