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65 J.L. Pol'y & Globalization 165 (2017)
Legislative Legal Protection of Farmers Policy in the Effectiveness of Traditional Farmers Cultivation

handle is hein.journals/jawpglob65 and id is 167 raw text is: Journal of Law, Policy and Globalization www. rg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.65, 2017 Legislative Legal Protection of Farmers Policy in the Effectiveness of Traditional Farmers Cultivation Rahayu Hartini* Bayu Dwiwiddy Jatmiko** 1. Faculty of Law of Muhammadiyah Malang University, Ji. Raya Tlogomas Number 246, Malang, Indonesia, Tel: +6281-23374-6640 * E-mail of the corresponding author: rahavhartini@vahoocoi d** E-mail :bayu.di l5@yahoo.com Abstract State must be able theto meet its basic needs, in the sense of food sovereignty within the state. Indonesia is constitutionally obliged to pay attention to legislative policies that ensure legal protection for farmers in support of food sovereignty. This study aims to find out how the state regulates in providing legal protection for farmers, policies on land and agricultural land sufficient for farmers in Indonesia. This research was conducted with normative juridical approach to study the legislative policy which regulates land allotment for agriculture and agricultural land area. By using the primary legal materials in the form of various provisions of the laws governing the allocation of land for agriculture. Techniques of collecting legal materials through library search in the form of manual library and digital library and descriptive analysis through the legislation approach. Results and pembahsannya: 1). Legal protection for farmers under Indonesian law, in general: legislative legislation on farmers' policies has not been supported by comprehensive, systemic, and holistic legislation, thus providing less legal certainty and justice for farmers and business actors in the field Agriculture; In particular: the provision of legal protection for traditional farmers is carried out in a farmer empowerment strategy, in the form of counseling and assistance in order to: a. Good cultivation, post harvest, processing and marketing procedures; B. Business feasibility analysis; And c. Partnership with Business Actors. 2). The policy of sufficient land and agricultural land for farmers in Indonesia should add the agricultural consolidation program in the whole value chain of production by affirming the policy of agricultural land area which is no more favorable to the business actor Keywords: Legal protection, crop cultivation, traditional farmers. 1. Introduction The phenomenon of food crisis that occurred in recent years illustrates the decline in agricultural productivity, besides due to the uneven distribution of food is also due to hoarding of food by the private sector. Therefore the state is obliged to pay more attention to genuine agrarian reform that ensures access to and control over resources agrarian farmers, supported by industry and commerce that supports agriculture to achieve food sovereignty. This food issues to strengthen since it does uniformity of staple food communities, communities that are customary and hereditary actually own a variety of foodstuffs principally directed to consume rice as staple food source. The state should be able to meet their own basic needs, so that the meaning staple food for Indonesia as an agricultural country is very important (Bayu Dwiwiddy Jatmiko and Ratri Novita Erdianti, 2014). During this time Farmers have a significant contribution in the development of Agriculture and rural economic development. Agricultural farmers as development actors need to be given protection and empowerment to support the food needs which is the fundamental right of everyone to achieve food sovereignty, food sovereignty and food security in a sustainable manner. In organizing the development of Agriculture, Farmers has a central role and make a major contribution (Satriya Nugraha, 2016). Legislative policy conceptions that serve as a starting point in this research is pointed out by the Barda Nawawi Arief, namely policy legislation (1986, p.109-110). One meaning is in the context of legislation which is the jurisdiction of the legislature. For the Indonesian state is obliged to formulate legislative policy in the form of state legislation that guarantees legal protection for farmers in favor of food sovereignty, including for traditional farmers. Policy Legislative confirmed that Indonesia is an agricultural country, can be traced in part according to the provisions of Article 33 Paragraph (3) of the Constitution of 1945 states earth and water and natural resources contained in it are controlled by the State and used for the greatest prosperity of the people , in conjunction with Article 1 Paragraph (2) of Law no. 5 Year 1960 About the Basic Regulation of Agrarian, who followed up by Articles 3 and 5 of Law No. 12 of 1992 on Plant Cultivation System, and Articles 4 and 5 of Law No. 19 of 2013 on the Protection and Farmers empowerment. 165

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