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This document appears to be the proceedings from the 2nd SHIELD International Conference held from September 18-20, 2017 at the University of Lampung in Indonesia. The conference was organized by the Postgraduate Program and Institute for Research and Community Services at the University of Lampung. The proceedings contain 49 research papers on topics related to social sciences, humanities, economics, education, law, and sustainable development from academicians, practitioners, policymakers, researchers, and professionals. The document provides information on the organization of the conference, welcome addresses, and a table of contents listing the titles and authors of the accepted papers.

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0% found this document useful (0 votes)
121 views

Prosiding 2nd Shield FINAL

This document appears to be the proceedings from the 2nd SHIELD International Conference held from September 18-20, 2017 at the University of Lampung in Indonesia. The conference was organized by the Postgraduate Program and Institute for Research and Community Services at the University of Lampung. The proceedings contain 49 research papers on topics related to social sciences, humanities, economics, education, law, and sustainable development from academicians, practitioners, policymakers, researchers, and professionals. The document provides information on the organization of the conference, welcome addresses, and a table of contents listing the titles and authors of the accepted papers.

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Rudi Wijaya
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© © All Rights Reserved
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You are on page 1/ 19

ISBN : 978-602- 61299-9- 4

social and humanities

development

PROCEEDINGS
INTERNATIONAL CONFERENCE

2 SHIELD 2017
nd

52nd Dies Natalis Unila

Organized by: Supported by:

Postgraduate Program
and Institute for Research
and Community Services
University of Lampung
ISBN : 978-602- 61299-9- 4

social and humanities

development

PROCEEDINGS
INTERNATIONAL CONFERENCE

2 SHIELD 2017
nd

52nd Dies Natalis Unila

Organized by: Supported by:

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:

Postgraduate Program University of Lampung


and
Research and Community Service of University of Lampung
2017
Foreword

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.

Therefore, the Postgraduate Program in collaboration with Institute of Research and


Community Service of University of Lampung provides a place for academicians,
practitioners, policy makers, researchers and professionals from multi-disciplines related to
Social Sciences and Humanities, Economics, Education, Law, and Sustainable Development
(SHIELD) to meet and interact with members inside and outside their own particular
disciplines. All participants are challenged to give their real contribution to helping solve the
real-world problems.

The authors of Proceeding of 2nd SHIELD International Conference come from


academicians, practitioners, policy makers, researchers and professionals from multi-
disciplines related to Social Sciences and Humanities, Economics, Education, Law, and
Sustainable Development.

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

Prof. Dr. Muhammad Akib, S.H., M.Hum.


Welcome Address
Report by the Organizing Committee

Dear distinguished guests and


participants,

In this globalization era, advancement in science and technology has led to


remarkable gains. However, despite the remarkable gains, many countries
particularly Asian countries face inequalities and uneven progresses. 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.

Therefore, the Postgraduate Program in collaboration with Institute of Research


and Community Service of University of Lampung holds The 2nd SHIELD
Conference as a place for academicians, practitioners, policy makers,
researchers and professionals from multi-disciplines relating to Social Science
and Humanities, Economic, Education, Law, and Sustainable Development
to meet and interact with members inside and outside their own particular
disciplines. All participants are challenged to give their real contribution to
helping solve the real-world problems.

At this second international conference, four keynote speakers from different


disciplines and different countries were invited. Seventy-five authors
initially submitted their abstracts before submitting their full papers, but finally
only 49 full papers were accepted for publications. The authors are academicians,
practitioners, policy makers, researchers and professionals. This conference
aims to share information and discuss resent developments and innovations
arising from research in a wide range of disciplines. Through this conference,
we hope that the research articles can be documented and communicated
throughout the countries.
I would like to thank you for your participation and look forward to having
productive discussion among participants.

Sincerely yours,

Professor Muhammad Akib


Remarks by the Rector of the University of
Lampung

The Honorable keynote speakers, committees,


participants, ladies and gentlemen,

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.

Along with an increase in the activity of national development and dynamic


development of the international world due to globalization, then it always
be followed by the emergence of complex social, humanity, economics,
education, law and sustainable development issues. Therefore, the University
of Lampung, which has a vision to be the best 10 among public universities
nationwide, a mission to be a world class research university, and as the third
largest state university (outside Java Island) feels compelled to draw up concepts
and provide solutions to the various issues.

In relation to these issues, practically the University of Lampung through its


Postgraduate Program in collaboration with its Institute Research and Public
Services organizes the Second International

Conference with such disciplines as social sciences, humanities, economics,


education, law and sustainable development. This international conference
presents several keynote speakers who come from leading universities in the
world. These activities are held in Lampung, which is one area that has a
nationally important role, because it is the gateway of Sumatera Island and is
strategically located for the development progress.

As the arena for discussion, communication, and enrichment of the knowledge


of participants, this conference is expected to provide a significant contribution
to capturing opportunities for the development of science today. This conference
is intended to function as a forum among the participants from various walks of
life for dissemination of research results in the fields of social sciences,
humanities, economics, education, law and sustainable development. The
participants include practitioners, researchers, academics, students, industrialists
and science observers from various organizations such as industries, state-
owned enterprises, research institutions, government agencies, and public and
private universities.

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:

1. Prof. Dr. Arief Hidayat, S.H., M.S., Chairman of the


Constitutional Court, Republic of Indonesia
2. Prof. Ryohei Kada from Shijyonawate Gakuen University,
Japan.
3. Dr. Fonny Dameaty H. from University of Malaya, Malaysia.
4. Dr. Jenny H. Panchal from James Cook University, Singapore.

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,

Prof. Dr. Hasriadi Mat Akin


vi

TABLE OF CONTENT

Tittle and Writer Page

COMMODIFICATION OF PAPUAN POVERTY IN TOURISM 1-14


MAGAZINE
Amadea Dwi Pradhipta, Udi Rusadi

PAKSI BENAWANG AT TANGGAMUS :MARRIED RITE, 16-24


MARGINALIZED AND LOCAL WISDOM
Bartoven Vivit Nurdin, and Damayanti

A STUDY OF STUDENTS’ READING MOTIVATION FACTORS IN 25-31


SECOND LANGUAGE ACQUISITION AT THE THIRD GRADE OF A
SENIOR HIGH SCHOOL IN PANGKALPINANG
Erni Yulianti

THE EFFECT OF THE UNITED STATE PRESIDENTIAL ELECTION 32-39


ON JAKARTA ISLAMIC INDEX: EVIDENCE FROM INDONESIA
STOCK EXCHANGE
Hiro Sejati, Erna Listyaningsih and Nur Baiti

PRINCIPLED MATERIALS DEVELOMENT FOR KINDERGARTEN 40-53


STUDENTS
Iin Inawati

PRINCIPLED MATERIALS DEVELOMENT FOR KINDERGARTEN 54-62


STUDENTS
Jeni Wulandari, Sam’un Jaja Raharja, Heru Nurasa, Herwan Abdul Muhyi

THE IMPLEMENTATION OF DIVERSION IN CHILD CRIMINAL 63-71


JUSTICE SYSTEM IN INDONESIA
Nikmah Rosidah, Chaidir Ali

MODELS & PATTERNS OF CLIENTELISM IN LAMPUNG LOCAL 72-83


ELECTION
Robi Cahyadi Kurniawan, Utang Suwaryo, Muradi, R.Widya Setiabudi S

POSITIVE PROTECTION: PROTECTING GENETIC RESOURCES 84-91


RELATED TO TRADITIONAL KNOWLEDGE IN INDONESIA
Rohaini, Nenny Dwi Ariani
vii

THE MODEL OF SMES EMPOWERMENT THROUGH VILLAGE 92-101


RULES AS EFFORTS TO IMPROVE THE QUALITY OF PRIMARY
PRODUCT VILLAGE
Yusnani Hasyimzum, Utia Meylina

THE IMPORTANCE OF DEVELOPMENT PLANNING IN LAND 102-111


ACQUISITION FOR PUBLIC INTEREST BASED ON LAND
SAVING MODEL REGULATION
Ade Arif Firmansyah, Yos Johan Utama and HS. Tisnanta

REPRESENTATION OF SUBJECT’S IDENTITY IN MIXED 112-120


MARRIAGE THROUGH CYBERMEDIA (SEMIOTIC ANALYSIS OF
“NASIB SAYA KAWIN CAMPUR” AND “NIKAH SAMA LOKAL”
VIDEOS ON SACHA STEVENSON’S YOUTUBE ACCOUNT)

Alifia Oktrina Fayardi and Eduard Lukman

LEGAL PROTECTION ON CHILDREN’S RIGHTS FROM BLOOD 121-126


RELATIONS MARRIAGE (INCEST) IN THE PERSPECTIVE OF
CONSTITUTIONAL LAW
Amnawaty Hamid, Dina Juliana Anwari, Siti Nurhasanah

REPRESENTATION OF SPEECH POLITENESS CULTURE 127-136


THROUGH SOCIAL MEDIA (SEMIOTIC ANALYSIS OF HATE
SPEECH INDONESIA NETIZEN TOWARD PRESIDENT JOKOWI IN
CYBERSPACE)
Annisa Nur Muslimah Koswara , Eduard Lukman

THE POSITION OF ONLINE DISPUTE RESOLUTION IN THE 137-143


POSITIVE LAW OF INDONESIA
Bayu Sujadmiko, Dheka Ermelia Putri and Bismo Jiwo Agung

ENVIRONMENTAL PROTECTION IN ARMED CONFLICT 144-152


ACCORDING TO INTERNATIONAL HUMANITARIAN LAW
Desy Churul Aini, Desia Rakhma Banjarani

THE PREFERENCE OF MULTIPLE REPRESENTATION ON 153-160


BIOLOGICAL CONCEPT : IDENTIFICATION AND QUALITY
CONSTRUCTED REPRESENTATION
Dewi Lengkana, Fransisca Tapilow, Ana Ratnawulan

THE CAPACITY DEVELOPMENT POLICY FOR APPARATUS 161-167


THROUGH NEW GOVERNMENT PARTNERSHIP COOPERATION
IN LAMPUNG TO OBTAIN OPTIMUM PUBLIC SERVICE
Dian Kagungan, Devi Yulianti
viii

THE EFFECTS OF THE PERFORMANCE MEASUREMENT SYSTEM 168-178


ON THE MANAGERIAL PERFORMANCE (AN EMPIRICAL STUDY
ON BPR IN BANYUMAS REGENCY, INDONESIA)
Dona Primasari, Abdul Rohman, Fuad

EFFECT OF SERVICE QUALITY ON CUSTOMER SATISFACTION 179-189


AND LOYALTY SULTAN ISKANDAR MUDA INTERNATIONAL
AIRPORT ACEH INDONESIA AS THE WORLD’S BEST AIRPORT
FOR HALAL TRAVELLERS
Dorothy Rouly Haratua Pandjaitan

THE CRIMINAL LAW ENFORCEMENT AGAINST CRIMINAL ACTS 190-201


BEGAL BY CHILD OFFENDERS
Eddy Rifai, Heni Siswanto, M. Farid, Anisa Cahaya Pratiwi

CHEMICAL CASTRATED SANCTION ON SEXUAL CRIME IN 202-207


CHILDREN REVIEWED FROM LAW AND HEALTH ASPECT
Erna Dewi, Rozi Kodarusman Warganegara

CHAOS OF FOREST RESOURCE ACCESS REGULATION: STUDY 208-215


ON MORO-MORO FARMERS AT REGISTER 45 LAMPUNG
FX. Sumarja

THE IMPLEMENTATION OF FOCUS ON FORM AND FOCUS ON 216-222


MEANING INSTRUCTIONS IN ENGLISH LANGUAGE TEACHING
AT THE UNIVERSITY OF LAMPUNG
Gede Eka Putrawan, Rafista Deviyanti, Riyan Hidayatullah

STRENGTHENING MODEL CRIMINAL LAW ENFORCEMENT 223-229


CRIME SPOLIATION BY THE APPLICATION OF INTEGRAL AND
SCIENTIFIC APPROACHES
Heni Siswanto, Maroni, Fathoni

LEGAL ASPECT OF THE COOPERATION ON TRIPLE HELIX 230-243


MODELS IN MITIGATION ANAK KRAKATAU MOUNTAIN
Heryandi

WASTE BANK: THE STRATEGY AND COMMUNITY-BASED 244-249


ENVIRONMENTAL GOVERNANCE
Intan Fitri Meutia

THE INFLUENCE OF INFORMATION SYSTEM ON MANAGERIAL 250-258


PERFORMANCE : TASK UNCERTAINTY UNCERTAINY TASK AS
MODERATING VARIABLE
Lego Waspodo, Rini Widianingsih, Dona Primasari

CULTURAL HYBRIDIZATION OF KOREAN BEAUTY TREND WITH 259-266


HALAL-CERTIFIED LOCAL COSMETICS (ANALYSIS OF
“KOREAN MAKEUP LOOKS” TUTORIAL VIDEOS ON YOUTUBE)
Lidya Agustina, Eduard Lukman
ix

THE USE OF IMPORTED INPUT AND MANUFACTURING 267-276


INDUSTRY PRODUCTIVITY
Lies Maria Hamzah, Dian Fajarini

THE LEGAL POLITICS OF RECALL RIGHT OF POLITICAL PARTIES 277-287


RELEVANCE WITH THE SYSTEM OF POPULAR SOVEREIGNTY IN
DYNAMICS OF THE CONSTITUTION OF INDONESIA
Malicia Evendia, Armen Yasir, and Yulia Neta

STRENGTHENING THE INTEGRITY OF LOCAL LEADERSHIP 288-295


AND ITS RELEVANCE TO THE EFFORT TO RUN A DEMOCRATIC
GOVERNMENT
Maulana Mukhlis, Idil Akbar

NONPENAL EFFORT IN ADDRESSING ILLEGAL FISHING IN THE 296-304


LAMPUNG PROVINCE
Maya Shafira

REGULATION OF THE COOPERATION LAW INTER-REGIONAL IN 305-311


ENVIRONMENTAL MANAGEMENT IN LAMPUNG PROVINCE
Muhammad Akib, FX. Sumarja, Slamet Budi Yuwono, Hieronymus
Soerjatisnanta

HOW FAR IS THE PRECAUTIONARY PRINCIPLE CONSIDERED IN 312-322


THE BENEFITS OF GENETICALLY MODIFIED ORGANISMS
WORLD WIDE?
Orima Melati Davey, Ahmad Syofyan , Melly Aida

RESPONSIBILITY TO PROTECT: POSSIBILITY OF 323 -331


IMPLEMENTATION INTERNATIONAL COMMUNITY TO
PROTECT CIVILIAN
Parulian Yusuf S, Rehulina

THE IMPLEMENTATION OF COORDINATION OF FINANCIAL 332-338


SERVICES AUTHORITY AND DEPOSIT INSURANCE AGENCY
(LPS) AND BANK INDONESIA TO THE TROUBLED BANK
Ratna Syamsiar

TRANSGENDER AS A SOCIAL PROBLEM: A FILM ANALYSIS OF 339-347


LOVELY MAN BY TEDDY SOERIAATMADJA
Ria Hasna Shofiyya, Udi Rusadi

TAX DEBT IN THE BANKRUPTCY DISPUTE: INDUSTRIES BADJA 348-359


GARUDA INC. V.S. TAX OFFICE OF MEDAN BELAWAN
Rilda Murniatia ,Richmond Cosmas Tobias
x

SPREADING OF POOR HOUSEHOLD AROUND WAN ABDUL 360-366


RACHMAN FOREST PARK AND MANGROVE FOREST IN
SIDODADI VILLAGE (STUDY IN SIDODADI VILLAGE SUB
DISTRICT OF TELUK PANDAN DISTRICT OF PESAWARAN)
Rizki Bahagia Utama, Rommy Qurniati, Arief Darmawan

THE PROTECTION OF INDIGENOUS PEOPLE’S 367-373


CONSTITUTIONAL RIGHTS: CASE OF KASEPUHAN CIPTAGELAR
Rudi Wijaya, Rudy

CLIMATE CHANGE ADAPTATION THROUGH A SHIFT IN 374-383


CROPPING AREA ONTO THE UPPER STREAM REGION:
MEASURING COFFEE BEANS RESPONSE IN PHYSICAL QUALITY
Samsul Bakri, Agus Setiawan, Ida Nurhaida

MARINE POLLUTION: INTERNATIONAL LAW PERSPECTIVE 384-392


AND SETTLEMENT DISPUTES
Siti Azizah, Safira Salsabila Annisa Musthofa

LAW PROBLEM ON THE COASTAL VILLAGE 393-397


Siti Khoiriah, Rudi Wijaya

EFFECT OF SELF EFFICIENCY AND TRAINING TO CAREER 398-402


DEVELOPMENT IN TEACHER STUDENTS IN THE SUBJECT OF
BEKASI CITY
Suherman, Dede Hamdani, Romlie Ardie

THE ROLE OF CREATING SHARED VALUE (CSV) TO ENFORCE 403-411


SOCIAL WELFARE FOR STAKEHOLDER
Sunaryo; I Ketut Dharma, Putra Yoga

DRAMATURGY STUDY ON COMMUNICATIONS BY GAY IN 412-418


BANDAR LAMPUNG
Toni Wijaya

THE ETHNIC IMMIGRANT LIVING IN SIDOWALUYO VILLAGE, 419-426


SIDOMULYO SUBDISTRICT, SOUTH LAMPUNG DISTRICT
Trisnaningsih, Buchori Asyik, Sudjarwo

THE ANALYSIS OF FINANCIAL SERVICES AUTHORITY (FSA) 427-435


FUNCTION IN THE SUPERVISION OF THE GOOD CORPORATE
GOVERNANCE (GCG) IMPLEMENTATION FOR BANKING
INSTITUTIONS IN INDONESIA
Yulia Hesti, Nenny Dwi Ariani

THE INFLUENCE OF SEGMENTING STRATEGY AND BRAND 436-448


POSITIONING STRATEGY ON CONSUMER PURCHASING
DECISION (STUDY AT SMARTPHONE SAMSUNG IN INDONESIA)
Annisa Nurawalia, Faila Shofa
xi

RESOLUTION MODEL ON HORIZONTAL VIOLENCE CONFLICTS 449-455


IN LOCAL MULTICULTURAL COMMUNITIES IN LAMPUNG
PROVINCE, INDONESIA
Hartoyo, Abdul Syani

LIVELIHOODS ASSETS CHANGES OF COMMUNITY FOREST 456-465


FARMERS ON PROTECTION FOREST
Hari Kaskoyo, Slamet Budi Yuwono, Christine Wulandari, Rommy Qurniati,
Irwan Sukri Banuwa

MAPPING THE INDIGENOUS CONFLICT OF INDONESIA: 1945-2017 466-474


Budiyono, Meylina U.

IMPLEMENTATION OF SYARI’AH ECONOMIC PRINCIPLES ON


THE MANAGAEMENT OF SYARI’AH MUTUAL FUND 475- 482
IN INDONESIA
Nunung Rodliyah, Risti Dwi Ramasari
Law Problem on the Coastal Village

Siti Khoiriaha, Rudi Wijayab


a
Lecture of Constitutional Department Faculty of Law Lampung University
e-mail: [email protected]
b
Research Assistant of Center for Law and Development (PUSHIBAN)
e-mail: [email protected]

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.

Keywords: Law Problem, Village, Coastal

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:

a. Pollution and Environmental Damage..


Development in the coastal area which is a process of change to improve the standard of living of
the community, is inseparable from the activities of space utilization and coastal resources also
activities utilization of assimilation services coastal environment. These activities often make
changes to natural resources.
Development activities in the area of land and sea, there are still many negative impacts on the
environment that ultimately resulted in the decline of coastal and marine environmental quality
as well as the sustainability of natural resources, namely in the form of pollution and
environmental damage and excessive use of coastal and marine resources. In relation thereto, the
efforts to control pollution and environmental damage that may arise should be part of the policy
and action steps of environmental management in each sector of development activities.6
Pollution and environmental damage is sourced from the internal factors of the village, namely
the lack of awareness of the villagers in protecting the environment, as well as from external
factors namely the immigrants / tourists and private companies engaged in mining. Cases of
pollution that have occurred seriously and harm the village community that Bintan beach is
polluted by oil.7
b. Lack of local wisdom empowerment in the management of coastal and marine resources.
Local wisdom is increasingly eroded by globalization brings a crucial impact. On the one hand
the flow of law uniformity through national law must be done to create the legal order of
Indonesia, but on the other hand local wisdom and customary law of local communities have a
stronger power in binding the community and generate community militancy to uphold the
customary law.
There should be efforts from the government at every level, including the village government to
empower local wisdom. Such empowerment should not necessarily take the form of
standardizing customary law into positive law, but can be directed to accommodative and
flexible policies and programs. Efforts to empower local wisdom, in addition to reducing the
potential for environmental damage as diuraiak before, also become part of community
empowerment.
Pendekatan pemberdayaan masyarakat yang bepusat pada manusia (people-centered
development) is then based on the insight of community-based management, which is a people-
centered development mechanism that emphasizes social learning technology and program
formulation strategy. The goal to be achieved is to improve the ability of the community in
mengaktualisasikan himself (empowerment).8

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

Law Number 6 Year 2014 about Village

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

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