Prosiding 2nd Shield FINAL
Prosiding 2nd Shield FINAL
development
PROCEEDINGS
INTERNATIONAL CONFERENCE
2 SHIELD 2017
nd
Postgraduate Program
and Institute for Research
and Community Services
University of Lampung
ISBN : 978-602- 61299-9- 4
development
PROCEEDINGS
INTERNATIONAL CONFERENCE
2 SHIELD 2017
nd
Postgraduate Program
and Institute for Research
and Community Services
University of Lampung
Proceeding of International Conference 2nd SHIELD 2017
Bandar Lampung, September 18-20th 2017
Editor:
Warsono, Ph.D
Prof. Dr. Sudjarwo, M.S.
Prof. Dr. Muhammad Akib. S.H.M.Hum.
Dr. Ir. Slamet Budi Yuwono, M.S.
Bayu Sujadmiko, Ph.D
Dr. Hasan Hariri
Dr. Vivit Bertoven
Dr. Melya Riniarti
Publisher:
In this globalization era, advancement in science and technology has led to remarkable gains
in life. However, despite the remarkable gains, many countries particularly Asian countries
face inequalities and uneven progress. Even worse, these countries are facing many problems
such as poverty, terrorism, drug abuse, and other social issues. These problems are complex
and multidimensional. We should give a real contribution to solving these problems. Because
the problems are multidimensional, we need people from cross-disciplinary interests to work
hand in hand with strong commitment, not only to face, but also to change these problems
into opportunities.
This conference aims to share information and discuss resent developments and innovations
arising from research in a wide range of disciplines. Through this conference, it is expected
that the research articles can be documented and communicated throughout the countries.
Head of Commite
Sincerely yours,
It gives me a great pleasure to welcome all of you and chair the Opening
Ceremony this morning to the Second SHIELD International Conference,
jointly organized by Postgraduate Program and Institute for Research and
Public Services, the University of Lampung. We’d like to say how grateful we
are to all the keynote speakers who have accepted our invitation. Also, we are
delighted to have all of participants here to participate and share in the Second
SHIELD International Conference.
To expand the horizons of thinking for the participants and to share the
experiences of international researches from world experts, this conference
invites four keynote speakers from four countries who will present their main
papers. These speakers are:
We are honored to have you all the speakers here in this conference, and thank
you for being our keynote speakers in this conference.
Finally, I do hope that this seminar can run well and all participants can
participate actively.
Sincerely yours,
Rector,
TABLE OF CONTENT
Abstract
The existence of the Village as a unit of law society provides a deep understanding that the
village institution is not only a mere administrative entity but also a legal entity that must be
respected, privileged, protected within the governmental structure of Indonesia. One of the important
and strategic communities expected to sustain our maritime power is village of coastal society.
Coastal society in socio-cultural perspective is a community group whose cultural roots were
originally built on a combination of maritime culture of the sea, coast and market oriented.
Empowering coastal villages through development ultimately depends on development
planning and policies in these villages. Therefore, in relation to the acceleration and economic
development in the corridor, harmonization and synchronization of central government and village
government policies related to villages is important to do because it is key in supporting the success of
economic development in the Corridor of Sumatera.
The purpose of this research is to explore and mapping the legal problems faced by coastal
villages and formulate a comprehensive mapping model of the problems faced by villages in the coast
so that it will be easy to determine the solution of the problems. The specific purpose of this research
is to extract the legal issues that are vital to the coastal villages and mapping (grouping) on them.
1. Intriduction
The village is the smallest entity in its size as an autonomous government unit. The existence
of village government becomes very important to bring the state service closer to the community. The
existence of village entities, on the one hand is an absolute thing as a result of community interaction,
but on the other hand also the responsibility of the state to organize it in one frame of the Unitary
State of the Republic of Indonesia.
The spirit of "building the village" strengthened again after the issuance of Law No. 6 of 2014
on the Village. Previously, the village setting was only regulated in Law Number 32 Year 2004
regarding Regional Government. That is, the paradigm that was built at that time, the village is seen
as part of the regime of local government. Furthermore, if traced, the paradigm that builds is that
village autonomy is considered to be a part or "residue" of regional autonomy, so that the village
becomes a subordinate of the local government.
According to the current law, the village is defined as a legal community unity that has
territorial boundaries to administer and administer government affairs, the interests of local
communities, based on community initiatives, origins rights, and / or recognized traditional rights and
respected in the system of government of the Unitary State of the Republic of Indonesia.1
1
Article 1 Number 1 of Law Number 6 Year 2014 on the Village
There is an important meaning in the general provisions of the village in the village law, that
is, village administrations have the authority to regulate and administer government affairs, which
also includes forming legal products in the form of village regulations. The purpose of village setting
as regulated in Article 4 of the Village Law2 provides an illustration that the village has been placed as
a strategic government unit within the Unitary State of the Republic of Indonesia.
Such a large responsibility, of course, requires consideration of various aspects, ranging from
human resources embodied in the form of bureaucrats / government officials, as well as systems built
through legal products. In fact, the implementation of village governance still faces various problems,
including legal problems. Whether directly or indirectly, the legal problems faced will have an impact
on the village community. If so, then the village setting objectives as described above will not be met.
This paper seeks to examine the legal problems of villages in coastal areas. Villages in coastal
areas are selected with consideration among others:
a. Coastal villages have potential for force majeure that needs to be offset by legal arrangements
and countermeasures;
b. Villages in coastal areas have potential in economic, cultural and tourism development; and
c. The development of the "build from the outermost" paradigm and the "maritime
development" of the current government.3
The method in writing this paper using normative legal research methods with a socio legal
approach. Sources of data used in this study are primary legal materials as well as examples of cases
that occur and published in the news.
2. Discussion
Rural development is closely related to social, economic, political, order, defense and internal
security issues.4 The whole issue requires a formal, juridical arrangement in the form of a systematic
and synchronized legal product at every level of government. Such arrangements aim to minimize any
problems that may occur, or as a means of solving the current problem.
Common problems faced by regions (especially villages) in coastal areas, among others:5
1. Utilization of Natural Resources coastal and sea is still considered open to the public, so that
anyone can be exploited, this becomes a source of conflict in the fishery community.
2
Village Setting Aims:
a. Giving recognition and respect to the existing village with its diversity before and after the
establishment of the Unitary State of the Republic of Indonesia;
b. Provide clarity of status and legal certainty of the Village in the constitutional system of the Republic
of Indonesia;
c. Preserve and promote the customs, traditions, and culture of village communities;
d. Encourage the initiative, movement, and participation of village communities for the development of
potential and Village Assets for the common good;
e. Establish professional, efficient and effective village governance, open and accountable;
f. Improving public services for the villagers in order to realize the village community to accelerate the
realization of general welfare;
g. Improve socio-cultural resilience of village communities in order to realize the village community that
is able to maintain social unity as part of national resilience;
h. Promoting the economy of village communities, as well as addressing the national development gap;
and
i. Strengthen the village community as the subject of development.
3
http://www.kemlu.go.id/id/berita/siaran-pers/Pages/Presiden-Jokowi-Deklarasikan-Indonesia-Sebagai-Poros-
Maritim-Dunia.aspx accessed on 6 September 2017 at 11:44 wib
4
Rukin, 2015. Differences Perspektif Coastal Society in Coastal Village Development in Sidoarjo Regency.
Proposal Disertasi Program Doktor Ilmu Administrasi FISIP Unversitas Jember. Page. 5.
5
H. Mardjoeki, 2012. Community Empowerment Coastal Coastal North District Cirebon. Jurnal Ekonomi Vol.
1 No. 1 September-Desember 2012. Page. 53.
2. The use of fishing gear of both the size of the fleet, the technology and the catching area in
general is still not regular, resulting in reduced spawning or breeding areas.
3. Limited facilities of basic services including physical infrastructure become isolated and
underdeveloped.
4. Low use of technology, caused by low knowledge and not able to compete with large
entrepreneurs.
5. Working pattern (leaving to go to sea at night and returning in the morning even until afternoon,
afternoon to rest) this resulted in lack of communication with community leaders.
6. Not yet optimal policy governing the life of coastal communities, thus causing conflict gap.
The problems faced by the coastal villages associated with the legal arrangements that have
not existed, or have been there but do not have a strong reach so that there are many deviations from
the rule of law, among others:
6
Bambang Pramudyanto, 2014. Pollution Control and Coastal Damage. Jurnal Lingkar Widyaiswara
Edisi 1 No. 4, Oktober – Desember 2014. Page. 22.
7
http://nationalgeographic.co.id/berita/2015/01/pesisir-bintan-tercemar-minyak accessed on 6
September 2017 at 12:48 wib.
8
Stefanus Sanis, dkk, 2007. Management of Coastal and Marine Resources through the
Empowerment of Local Wisdom in Lembata District of East Nusa Tenggara Province. Jurnal Pasir
Laut Volume 2 No. 2, Januari 2007. Page. 70.
c. The maturity of the village government's ability to develop development designs in its coastal
areas.
As is known, the quality of human resources in the village apparatus is still experiencing a fairly
high disparity. The quality of such bureaucrats, of course, will have difficulties when it comes to
designing regional development. The design consists of stages covering the stages: defining
problems, defining evaluation criteria, identifying alternative policies, and evaluating alternative
policies,9 which requires expert and multi-field planners and reliable.
Facing the above conditions, it is necessary to improve the quality and resources of the
bureaucrat apparatus at the village level. In the process, for regional development to continue, it
is also necessary to supervise the local government.
d. Running management but not integrated
It can not be denied that coastal villages have the potential for more varied problems than rural
areas in the higher altitudes. The potential of these problems, with each other will be related and
affect, so it should be handled in an integrated manner. Such alignment has the urgency to reduce
other problems arising from other problems. Models that have been previously proposed and
proven effective in managing coastal areas will also be related to community empowerment, with
samples such as in Raas Island, Sumenep regency of Madura.10
e. Lack of regulation of force majeure in coastal areas.
Natural disasters are events that are unpredictable. Especially in coastal areas that have
potentially non-threatening and forceful (force majeure) conditions over natural disasters from
the oceans. In order to face the condition, we need a legal framework that is responsive and
appropriate to the condition of the area concerned. As for the purpose of village setting, the
regulation of crucial issues such as over the state of natural disasters should also be regulated in
local legal products.
This is to further streamline what the handling effort when a natural disaster occurs so that the
handling will be more responsive and does not take a long time.
f. Public awareness of what rights and responsibilities are.
Public awareness will certainly be very influential in the development process in coastal areas.
Often conflicts occur in fishing societies that result from the idea that coastal natural resources
are always open to the public. In the end, this assumption precisely plunges society into conflict,
either between society and government, society with company, or between fellow society.
To overcome this kind of conflict, the legal products, especially at the village level, should be
established to regulate what and the rights and obligations of the community to the coastal
natural resources, as well as to regulate the dispute resolution procedures.
The fruits of the problems described above require the prevention and mitigation effort
attempted from the beginning. The above problems also occupy the same position so that in
prevention efforts should get the same portion. The mechanism that can be designed for such efforts
when viewed from a legal perspective is by establishing relevant regulations that are able to
accommodate the living law or local wisdom of the local community, without prejudice to the
constitutionality aspect of the existing legislation.
The above arrangements need to be established starting from the village level as the smallest
government entity that has the right of origin, as well as the local government as the builder - not just
the superior to the existing villages. Through clear regulation and construction, will create legal
certainty to the problems of village law on the coast, which on the other hand also requires
harmonization and synchronization with the above legislation.
9
Achmad Djunaedi dan M. Natsir Basuki, 2002. Coastal Development Planning. Jurnal Kelautan. Volume 3
No. 3. Page. 229-230.
10
Adi Waluyo,2014. Modeling Management of Coastal Areas and Small Islands Community-Based Integrated
(Case Study of Raas Island of Sumenep Regency of Madura. Jurnal Kelautan Volume 7 No. 2 Oktober 2014.
Page. 75-85.
3. Conclusion
Villages in the coastal areas have a little problem that must be made in the form of legal
arrangements ranging from village and regional levels. The problems are internal (from the villagers
in the coastal areas themselves), external factors (entrants and firms with high capital), as well as
system factors (lack of quality and responsive arrangements, legal arrangements made, should be
accommodating-or at least not contrary to local wisdom, must also have a relationship that is in sync
and harmonious with existing legislation.
Bibliography
Achmad Djunaedi dan M. Natsir Basuki, 2002. Coastal Development Planning. Jurnal Kelautan.
Volume 3 No. 3. Page. 229-230.
Adi Waluyo,2014. Modeling Management of Coastal Areas and Small Islands Community-Based
Integrated (Case Study of Raas Island of Sumenep Regency of Madura. Jurnal Kelautan
Volume 7 No. 2 Oktober 2014. Page. 75-85.
Bambang Pramudyanto, 2014. Pollution Control and Coastal Damage. Jurnal Lingkar Widyaiswara
Edisi 1 No. 4, Oktober – Desember 2014. Page. 22.
H. Mardjoeki, 2012. Community Empowerment Coastal Coastal North District Cirebon. Jurnal
Ekonomi Vol. 1 No. 1 September-Desember 2012. Page. 53.
Rukin, 2015. Differences Perspektif Coastal Society in Coastal Village Development in Sidoarjo
Regency. Proposal Disertasi Program Doktor Ilmu Administrasi FISIP Unversitas Jember.
Page. 5.
Stefanus Sanis, dkk, 2007. Management of Coastal and Marine Resources through the Empowerment
of Local Wisdom in Lembata District of East Nusa Tenggara Province. Jurnal Pasir Laut
Volume 2 No. 2, Januari 2007. Page. 70.
Legislation Act
Web Page
http://www.kemlu.go.id/id/berita/siaran-pers/Pages/Presiden-Jokowi-Deklarasikan-Indonesia-
Sebagai-Poros-Maritim-Dunia.aspx
http://nationalgeographic.co.id/berita/2015/01/pesisir-bintan-tercemar-minyak