IMPORTANCE OF LEGAL AWARENESS on Kawi Mountain

IMPORTANCE OF LEGAL AWARENESS

According to the conception of the Basic Agrarian Law (BAL), then the land as well as land, water and air space including the natural resources contained therein is in the territory of the Republic of Indonesia, is a gift of Allah to the people of Indonesia who are national assets. The relationship between the Indonesian nation with the land in question is a relationship that is enduring. To manage the efficient and effective, then so is the earth’s soil, water and air space including the natural resources contained therein at the highest levels controlled by the state, as the organization of the power of the people.

The purpose intended by the BAL is to provide communities / people of their rights to the land in which he referred to the right to get legal certainty and viability. Such conditions are the desires that everyone can enjoy the right to safely and reasonably perceived as fair (Abdurrahman, 1978: 33).

Law can not be separated from human history, it is very clear that the developments and changes in the law can not be separated from the social dynamics with all the real interests are behind the law. The law itself is not inevitable is always evolving, however, its development could not be ascertained evolve to certain directions, but what is clear in the end, also brought changes after bersenyawanya with fighting various interests who are behind the law itself (Othman, 2008: 3 -4). Very fundamental change, we must uphold that in the way we arbitrate no time anymore to maintain one standard flow of positivism but should consider how arbitrate received by the legal community of modern, sophisticated and global.
In communities in conflict-prone region, agrarian legal counseling to be conducted by the National Land Agency. In the literature, the term counseling is defined as counseling and guidance. In the world of education outreach, counseling interpreted as an attempt educators to help students overcome various difficulties in school or outside of school. In agriculture, Totok Mardikanto (1996: 48), defines education as a system of education for the community to let them know, willing and able to carry out self-sustained efforts to increase production, increase revenue and profits, as well as changes in the welfare of their families and communities.

Extension as an educational process, have characteristics:

First, education is the education system outside the school or outside the school system: a planned and programmed; can be done anywhere, both indoors and outdoors, it can even be done while working ( “learning by doing”); not bound by time, both the organization and duration; tailored to the needs of the target and educators can come from one of the members of learners.

Second, education is adult education, so that: more education methods are lateral complementarities and shared experience over education that are vertical or patronizing; success is not determined by the amount of material / information delivered, but how far created a dialogue between educators and learners; Its main target is adults (both adults and adults in the biological sense in a psychological sense).

Based on the understanding of the lectures could conclude, that any outreach activities must meet the following elements: education is a continuous process (continuoes process) and counseling conducted by a person with certain qualifications with the intent to influence and help others to be overcome difficulties.

There are three basic components in the process of agrarian legal counseling, namely: extension and targets, legal information and how (tools / media). Success or failure of a legal education program always depends on harmony between the three kompenen (Sorjono Soekanto, 1986: 83)

Furthermore, it should be explained that the extension was carried out by extension workers who have knowledge, experience, expertise and skills in the agrarian field. Thus, only the extension workers who meet certain qualifications that can be designated and appointed as an educator.

Sorjono Soekanto (1986: 83-84) states that a legal counselor should be able to “mouth sarira” or “introspection”, terms which are based on acts which are based on the attitude of life iktiar logical, ethical and aesthetic.

According Totok Mardikanto (2003; 163-165), to become a professional educator, must understand: First, the philosophy of education, to educate people / farmers to be able to help themselves in order to improve the welfare of their families and communities. Second, ethics education, to always be honest, responsible and work hard with perseverance and patience. Third, educator profession which requires qualification: (a) skilled establish good relations with the beneficiary communities and be able to explain the matter and destination activities. (B) have a broad and deep knowledge of the extension materials, (c) be positive about the material presented, to love and to love people, and love and are proud of their profession. (D) to understand the circumstances and the social values ​​of cultural community, (e) understand their role and responsibilities as an educator, (f) capable megorganisasikan community and available resources, (g) always tries to do the assessment to: understand the problems faced society, determines focal points of activity, to find alternative solutions and choose the way of solving the right problem.

According the description above, the definition of counseling in the field of agrarian law need to be formulated in order to then be used as the groundwork for counseling organization units within the National Land Agency. The author defines the extension of agrarian law is a system of delivery of information, consultation and guidance of the land issue to the public on an ongoing basis to improve the knowledge, awareness of the law, and the willingness of community members to acquire rights and carry out what the obligations.

The purpose of Agrarian Legal Education

Some of the legislation in Indonesia, have included the formulation of the purpose of legal counseling. The formulation of these objectives, among others, in the Decree of the Minister of Justice of the Republic of Indonesia No. M. 06 – UM. 06. 02 M. In 1983 and number 10 – UM. 06. 02, 1983, namely: 1) to make the public understand the law, in the sense of understanding the provisions contained in the regulations governing law as an individual’s life; 2) develop and improve the legal awareness of citizens so that every law-abiding citizen and voluntarily without any encouragement or coercion from anyone exercising its rights and obligations as determined by law (Soerjono Soekanto, 1986: 73).

As described above, in explanation of agrarian law is an absolute matter conducted by the National Land Agency, given the conflict of the land now and in the future more and more intensity and more complex problems. The purpose of education is to create an agrarian law governance good land administration (Good Land Governance).

Various agrarian conflicts that occurred in the past, Mustain (2005: 416-417), in a study of farmers in Kalibakar Malang, found that the action of reclaiming the Kalibakar farmers on land owned PTPN XII actually happens in the context of the problematic legal dualism (legal gaps) are in the process lead to cultural conflict. The results of this study reinforce the notion that the conflict between the people of farmers and PTPN XII sourced from the question of the concept of the right of ownership and / or control of land with justification claim that is based on the basic logic of the law of each party, state law positivistic, formal legal, procedural and legal local people and non-formal.

Studies conducted by Ipong S Azhar (1999: 181-182), HGU land disputes between farmers and PTP XXVII in District Rambipuji, Jenggawah, and Mumbulsari, Jember, finally gave birth to a radical peasant movement in order to maintain the concession lands, rooted the failure to achieve a compromise in the process of bargaining is done. PTP XXVII stick with his desire to retain possession of the land concession, while farmers still wishes that the land be returned to them to be confirmed before the law through provision of land title.

Farmers stay on the view that the former HGU land rights erfpacht it is their property. The land is inherited from their parents gained from tripe (open forest). While PTP XXVII consider that the right to own land is it because it is based on the implementation of the nationalization authorized by law. As both sides stick to the opinions and wishes of each, then an open conflict between farmers and PTP XXVII assisted by security forces become more inevitable.

Such circumstances it certainly will result in reduced image of the National Land Agency as an institution which manages the ownership of the land, so that the extension of agrarian law in conflict prone communities become something urgent to do. Extension agrarian law should give a positive impression among the public and that the extension of agrarian law is a manifestation of community service for the benefit of national development.

Thus, it can be formulated that the purpose of extension of agrarian law is to: (a) improve public knowledge about the importance of clarity of land ownership in the life of the nation, (b) increase the legal awareness in society about the rights and obligations as citizens of the agrarian, ( c) increase the willingness of people to obtain the right and duty as citizens who obey the law, (d) encourage the participation of government institutions and civil society in order to participate and support the implementation of the Law on Agrarian, (e) to improve and maintain the image of relevant government institutions , towards the creation of land Good Governance.
Urgency of Agrarian Legal Education

Urgency about how the country conducted counseling agrarian law is essential both in the countryside and urban conflict-ridden land. Even the number of land disputes tend to rise over time. To that required real effort and earnest in case settlement or land disputes that have been there all along.

Agrarian disputes in Indonesia has reached the point of alarming, both in terms of quantity and weight of the dispute. According to the Agrarian Reform Consortium (KPA) From 1970 to 2001, all cases were recorded KPA spread over 2,834 villages / wards and 1,355 districts in the 286 area (district / city). Widely disputed land not less than 10,892,203 hectares and the expense of at least 1,189,482 households. Disputes and / or conflicts due to public policy. Conflict highest intensity occurred in the large estates (344 cases), followed by the construction of public infrastructure and urban facilities (243 cases), housing and new town (232 cases), the area of ​​forestry production (141 cases), industrial estates and factories (115 case), dams and irrigation facilities (77 cases), means of travel (73 cases), large mining (59 cases) and military means (47 cases) (Setiawan, 2009).

In rural areas, the conflict arena is generally driven by topography and existing natural potential. In agricultural areas plateau system oriented commercial agriculture with products perennials while lowland their plantation export crops.

Mittal research results (2004: 122-123), in India every year more than two million small farmers and marginal loss of land or alienated and uprooted from their own land. This is due to cropland their property taken over by the ruling elite global corporations. The land is then used to produce a variety of crops that have sold in the market.

Whereas in urban areas, conflicts over land dominated by the spatial arrangement and so the strong role of global capitalism to the management of the land. For example: a study written by Sudharto P. Hadi (2006: 120-123), namely Case Site Plan Sound and Light Shows (Multi Media Show) in Borobudur, where there shift back and forth between the various interest groups related to the designation of the land. There are at least four groups of interests related to the development plan, namely the management company, local government, the Directorate Linbinjarah and communities around the temple of Borobudur.

Another case presented by Salman Drajat (2006), which occurs in Meruya, multiple document Owners can occur when the issuance of a certificate girik or inconsistent with the Law. The rule of law that requires a certificate of land in each land transactions. Girik can not be used as evidence of the sale and purchase of land because it is a proof of payment of property tax. But many girik or letters of arable land used as evidence of ownership. Consequently a problem arises, as in the case of South Meruya. If the soil in the form of documents held by PT Portanigra girik rights and the status of the disputed land, it should be thousands of people that can not have a property right certificate. BPN it should not issue a land title documents on land involved in the dispute. But the evidence of thousands of people who now inhabit that location, they can show evidence of legal title to land, including in the form of certificates.

Thus the urgency of legal education are urgently required, given the changes so fast and demanding needs of the population to increasingly complex public interest is of course to meet those needs can not be separated from land designated conflict.

To towards the creation of Good Land Governance, the extension of agrarian law is implemented throughout Indonesia based on the guidelines outlined in the guide books, among others: (a) Basic Pattern Counseling Agrarian Law, (b) Work Program of Legal Education Agrarian Long Term and (c ) Work Program Short-Term Extension of Agrarian Law.

The successful implementation of agrarian legal education is inseparable from the support of all parties. Therefore the extension of agrarian law with a strategy that includes: (a) political commitment, the involvement and engagement official institutions both government departments and non-departmental or agency to support the extension of agrarian law, (b) community commitment and or public institutions, either as individuals or groups to support the implementation of agrarian legal counseling.