International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 4, April 2018, pp. 254–264, Article ID: IJCIET_09_04_028 Available online at http://iaeme.com/Home/issue/IJCIET?Volume=9&Issue=4 ISSN Print: 0976-6308 and ISSN Online: 0976-6316

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THE PUBLIC PARTICIPATION IN WATER CONSERVATION TO EMBODY FOOD SECURITY IN ,

Suwari Akhmaddhian Faculty of Law, Universitas Kuningan, Kuningan, 45513, Indonesia. Faculty of Law, Universitas Sebelas Maret, Surakarta, 57126, Indonesia.

Hartiwiningsih Hartiwiningsih Faculty of Law, Universitas Sebelas Maret, Surakarta, 57126, Indonesia.

ABSTRACT Technology, soil, and water conservation are efforts of protection, where water availability requires the government’s policy and community participation. The research objective is to analyze the regulations community participation in conservation of water resources based on Indonesia regulation and the government policy of water conservation to embodying food security in Kuningan, Indonesia. This research is a qualitative method with data collection through literature study, observation and interview. The research results are; first, the regulation of community participation according to Law No. 37 the year 2014 about Soil and Water Conservation, Article 2 paragraph a "Participatory Principle". The detail of participation form in Article 46, 52 contains the Role of Society and the Rights of Public Law. Second; the policy government of Kuningan in conserving water resources to embodying food security, community participation that is "pepeling" is environmentally caring bride is tree planting activity which must be done by every bride, activity based on local government policy of Kuningan Regency that is the Instruction of Kuningan Regent No. 1 the year 2006 about Environmental Care Bride. So the conclusion is that the government policy in conserving water resources to embody food resilience is very important to keep rice production continuously. Keywords: Government’s Policy, Water Conservation, Food Security, Participation. Cite this Article: Suwari Akhmaddhian and Hartiwiningsih Hartiwiningsih, The Public Participation in Water Conservation to Embody Food Security in Kuningan, Indonesia, International Journal of Civil Engineering and Technology, 9(4), 2018, pp. 254–264. http://iaeme.com/Home/issue/IJCIET?Volume=9&Issue=4

1. INTRODUCTION Food security requires resources such as technology, land, and water. Water availability requires government policies and community participation so that the availability of water for

http://iaeme.com/Home/journal/IJCIET 254 [email protected] Suwari Akhmaddhian and Hartiwiningsih Hartiwiningsih food production is sufficient. Food security means to have access for enough quality food to ensure good health, access to drinking water, and respect for cultural traditions in food (Dias, Haddad, & Souza, 2016). The scarcity of water, over application of pesticides, chemical application and other pollutants are most important factors which impacts food safety in a drastic manner (Hakami, 2015). Environment conservation is a shared task between the government and society in order to achieve harmonization in the implementation of government policy so that the goal of environment conservation can be achieved. Indonesia is a constitutional state in accordance with UUD NRI 1945 in the Indonesian constitution Article 1. Before amendment, the statement about Indonesia as the constitutional state is stated in explanation of the Indonesian constitution that Indonesia is a country based on law (Ridwan HR, 2009). Constitutionally, it is contained in Article 28 h, paragraph 1 (one) which states that "every person lives in physical and spiritual prosperities, having home and good healthy living environment and having health services" and Article 33 paragraph (3) states that "Earth and water and natural resources contained in it are controlled by the state and utilized for the benefit of the people "in article 28, it is said that every citizen has the right to have a good and healthy environment, enforcement of environmental law is an instrument to create a good and healthy environment. Based on to Article 1, paragraph 14 of Kuningan Regency Regulation No. 12 year 2007 about the Conservation of Water Resources provides the definition that "conservation of water resources is an attempt to maintain the existence and continuation of the circumstances, the nature and function of the water resources in order to be available in a quantity and quality to meet needs of human beings, both in the present and the future ". Therefore, based on the definitions of conservation according to the legislation then the preservation of the environment is closely related to the role of government and communities' participation in order to realize sustainable development for next generations. The widening gap between consumption and availability of water poses a serious threat to a sustainable socioeconomic development (Moser, Trieb, & Fichter, 2013).Energy and water are the two major concerns which humanity is presently facing at large, and many concerns are being expressed at the international, national and local level related to these critical issues (Kumar, 2017). Kuningan Regency is an agricultural area located at the foothill of Ciremai Mountain. It is located in the eastern part of West , regency in the north, Brebes, in the east, in the south, and Majalengka in the west. There are five main problems identified in the environment such as (Soewandita & Sudiana, 2010) :  Land degradation due to deforestation, illegal logging, land conversion for plantations and industrial plants, oil extraction, industry and residential;  Abrasion due to the traffic of large and fast cruise ships;  Silting up of the river by the high erosion, abrasion, and sedimentation;  Disruption of surface water flow patterns due to land conversion, the existence of ports, docks, and log-pond;  The decrease of water quality due to discharge of industrial wastewater, domestic ship ballast water disposal, and disposal of domestic solid waste. Water is not a commercial product like any other but, it is a heritage which must be protected, defended, and treated well (Czarny, Präbst, Spinnler, Biek, & Sattelmayer, 2017). In 2006, Kuningan Regency has declared as a conservation Regency and therefore it needs supports from all stakeholders both local government or Kuningan society. So with this paper, it is expected that it can measure and determine the effectiveness of Kuningan government’s

http://iaeme.com/Home/journal/IJCIET 255 [email protected] The Public Participation in Water Conservation to Embody Food Security in Kuningan, Indonesia policies in the water resource conservation. These environmental issues can be evaluated from a medical aspect, planology technology, environmental engineering, economics, and law. It is stated by Siti Sundari Rangkuti that legal facets of environmental management and conservation of natural resources in Indonesia need to be studied intensively, because environmental management is not possible without the rule of law. It does not mean that lawyers can deal with environmental problems apart from other disciplines related to the environmental field (Siti Kotijah, 2010). Hunger remains a key development problem in the 21st century. Within this context, there is renewed attention to the importance of forest and its role in supplementing food and nutrition needs of rural populations (Asher & Shattuck, 2017). Public assistance programs can potentially alleviate not only hunger, but also reduce other social and individual problems (Som Castellano & L., 2017).

2. RESEARCH QUESTIONS Based on the background above, the writer can draw formulation of the problems as follows. Based on the introduction above, the problems of this paper are: First, How are the regulations community participation in conservation of water resources based on Indonesia regulation?; Second, How is the government’s policy of water conservation to embody food security in Kuningan, Indonesia.?

3. RESEARCH METHODS The method used in this research is an evaluative analytical method. It is a method of collecting and presenting data obtained to analyze the actual situation and then doing a rational analysis based on the juridical reference through library research and field research. Collecting data in this study is based on primary and secondary data done through observation and interviews. The research is conducted Kuningan Regency Province, Indonesia. The data presented were analyzed to determine how the government concerned the environment as local government’s policy in the conservation of water resources.

4. RESULTS AND DISCUSSION Definition and principles of public participation according to Ach. Wazir Ws., et al (Ach. Wazir, 1999). The participation can be defined as a person's conscious involvement in social interaction in specific situations. It means that one can participate when he finds himself with or in groups, through the process of sharing with others in terms of values, traditions, feelings, loyalty, obedience, and responsibility together. Isbandi says that community participation is community involvement in the process of identifying the problem and the potencies that exist in society, selecting and decision-making about alternative solutions to address these problems, the implementation of problem-solving, and community involvement in the process of evaluating the changes that occur( Adi, 2007). Meanwhile , according to Holil that: basic elements of social participation that can also affect community participation are (Akhmaddhian and Fathanudien, 2015):  The confidence of public;  Social solidarity and integrity;  Social responsibility and community commitment;  The willingness and ability to change or improve the situation and build on its own strengths;  Community initiatives or individual initiatives accepted and recognized as / belongs to the people;

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 Pure public interest, at least general within the community concerned, in terms of public interest not apparent because of the individual business involvement;  The organization, rational decision-making and operational efficiency;  Deliberation and consensus in decision-making;  Sensitivity and responsiveness of the public to the problems, needs, and interests of the general public. Factors affecting community participation in a program may also come from outside elements/environment. According to Holil that there are 4 points affecting society participation from outside of environment, namely (Akhmaddhian, Hartiwinigsih and Handayani, 2017):  Intensive communication among citizens, between citizens with the leader/government as well as the social system in a society with a system on the outside;  Social climate, economy, politics and culture, both in family life, relationships, school, the community and the nation that are favorable for growth and development of society participation;  The opportunity to participate, such as the environment and social structures and processes, the system of values and norms that enables and encourages social participation;  Freedom for participation and creativity such as the environment in the family, community or political environment, social, the culture that enables and encourages the rise and growth initiatives, ideas from individuals or groups. Shaykh Taqi al-Din An-Nabhani a sociologist describes the definition of community that, "a group of people can be called as a society if they have any thoughts, feelings, and a same system or the rule". Having similarities, humans interact and connect with one another based on shared interests. People are often grouped by the way of getting income or needs. Some social scientists classify people as: pastoral nomadic society, hunter, horticulture community and intensive agricultural societies also called community civilization (Akhmaddhian, 2017). Otto Soemarwoto, an expert of environmental science leading to define the environment as the sum of all the objects and conditions in space that we occupy affecting our lives. St. Munadjat Danusaputro, environmental law expert, interprets that the environment as all the objects and conditions, including human actions and behavior, which is contained in the space where human being and affect the lives and well-being of humans and other living bodies (Akhmaddhian, 2017). Globalization is a process of international integration that occurs due to the exchange of the world views, products, ideas, and other cultural aspects. There are at least three (3) types of environmental destructions that occur in the world and threaten the safety and local communities in developing countries. First, the global agriculture industry, the second the mining industry, and the third, is the forestry industry. In the context of urban spatial structure, the symptoms of the transformation of public space into private space reflects the commodification of living space and social space to marginalize and expense the poor society in the country. Law No. 32 the year 2009 about the Protection and Management of the Environment in article 1, paragraph 6 provides the definition of conservation that: "Conservation of environmental functions is a series of efforts to maintain the environment support and capacity ". The society who becomes part of the environment, has an obligation to protect and preserve the continuity of the environment.

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The principle of environmental protection and management, according to lawNo.32 of 2009 Article 2 letter k that participatory and an explanation of Article 2 point k that "What is meant by" the principle of participatory "is that every member of the community is encouraged to play an active role in the decision-making process and implementation of environmental management protection, either directly or indirectly ". According to Article 2 of Law No. 37 The year 2014 about the Implementation of Soil and Water Conservation that Soil and Water Conservation is based on the principles of: a). participatory; b). alignment; c). balance; d). justice; e). usage; f). local wisdom; and g). sustainability. Elucidation of Article 2 a provides an explanation that "the principle of" participatory "is that every member of the community is encouraged to be active in the decision process and implementation of the protection and management of land and water, either directly or indirectly". Law Number 32 The year 2009 on 2009 on the Protection and Management of the Environment in article 70 contains a provision about participation or role of the community in the protection and management of the environment and the setting is as follows: Role of Civil Society, in Article 70 ; 1. Society has equal rights and equal opportunities as possible to play an active role in the protection and management of the environment. 2. The role of the community can be: a. social supervision; b. provision of advice, opinions, suggestions, objections, and complaints; and/or c. Delivering information and/or reports. 3. The role of the community is done to: a. raise awareness within the management and protection of the environment; b. increase self-reliance, community empowerment, and partnerships; c. develop community capacity and initiative; d. foster community responsiveness to social supervision; and e. develop and maintain the culture and local wisdom in order to conserve the environment. Law Number 32 The year 2009 about the Protection and Management of the Environment Article 91 contains a provision about of the Society accuse rights protection and environmental management felt disadvantaged because of pollution or destruction of the environment and the setting is as follows; People have right to submit the claim in individual/group on its own behalf and/or for society if it suffered losses due to pollution and/or destruction of the environment. An action may be filed if there are similarities of facts or events, the legal basis, as well as the kinds of demands among group representatives and members of his group. The provisions about the accused right are done based on the law. Law No. 37 of 2014 about the Soil and Water Conservation in article 46 contains a provision about participation or community participation in the conservation of soil and water as follows: 1. People have an equal opportunity to participate in the conservation of Soil and Water undertaken by the government and/or regional government in accordance with their authority. 2. The role of the community is done by deciding local wisdom. 3. Public participation can be made in: a. planning arrangement; b.funding; c. supervision; and/or d.controlling. 4. Further provisions about mechanisms of social participation stated in government regulation.

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Law No. 37 of 2014 about the Soil and Water Conservation in article 52 contains a provision about the accuse rights of Society if they experience loss due to damage of land and soil functions and its settings are as follows: 1. People have right to file a class action for their benefit of yourself and/or for the benefit of society when experiencing a loss due to damage to the soil function. 2. The lawsuit referred to in paragraph (l) can be filed if there are similarities facts or events, the legal basis, as well as the kinds of demands between representatives of groups and group members. 3. The right to public accountability implemented in accordance with the provisions of the legislation. Kuningan government rule No. 12 of 2007 about the Conservation of Water Resources in chapters 35 and 36 contains a provision about community participation in the conservation of water resources and the setting is as follows: Article 35 that "People who are in or around water sources can be priority to participate in the activities of Water Resources Conservation. Article 36, namely: 1. People have equal opportunities and wide as possible to participate in environmental management. 2. Implementation of the provisions referred to in paragraph (1) is done by: a. increasing self-reliance, community empowerment, and partnerships; b. developing community capacity and initiative; c. developing community responsiveness to make social control; d. giving the opinion; e. delivering information or statements. In accordance with the principle of the protection and management of the environment i.e. Participatory, it needs community roles to succeed the environmental protection program. Community participation is an important thing in order to support Kuningan's a Conservation Regency. Conservation is a sensitive issue that should involve the community, environmental management is useless if it does not involve the public and public participation without the knowledge of environmental management led to wastage. So, involving people who understand the principles of sustainability can make environmental management effectively and efficiently. The conservation programs involving community participation in Kuningan Regency is as follows (Akhmaddhian and Fathanudien, 2015) : First, SERULING means students concerned about the environment; second, APEL is the apparatus concerned about the environment; third, namely Pepeling means bride concerns environment; fourth, Car-free day program which is held on Sunday getting support from West Java governor. Kuningan community participation in water resource conservation policy should be supported both institutionally and regulations that need to exist as a legal basis to implement community participation. Indonesia is a Legal State in accordance with Article 1 (3) Undang Undang Dasar 1945 is the Indonesian Constitution , Indonesia is a Legal State. Before the amendment, the Statement about Legal State is contained in the explanation of the Indonesian Constitution, Indonesia is a country based on law (Ridwan HR, 2009). Constitutionally it is contained in Article 28 h of paragraph 1 (a) which states that "every person lives in physical and spiritual prosperity, has home and a good and healthy living environment and gets health services" and Article 33 paragraph (3) of Indonesian Constitution that "Earth and water and natural resources contained in it are controlled by the state and utilized for the benefit of the people" in Article 28 of the Indonesian Constitution said that every citizen has the right to have a good and

http://iaeme.com/Home/journal/IJCIET 259 [email protected] The Public Participation in Water Conservation to Embody Food Security in Kuningan, Indonesia healthy environment, enforcement of environmental law is an instrument for creating a good and healthy environment. Nature conservation in Indonesia legally refers to Law No. 05 of 1990 about the Conservation of Natural Resources and Ecosystems focusing on biodiversity conservation, forest biodiversity; either in the forest area and outside the country. While Law No. 41 of 1999 about Forestry conservation on state forest land; it covers not only the conservation of biodiversity, but also the protection of life support functions provided by forests. Law No. 32 of 2009 about the Protection and Environment Management focuses on environmental licensing as an instrument in controlling the environment. While Law No. 37 of 2014 about the Soil and Water Conservation focuses on land-use and land as an instrument in environment conservation. Based on article 1, paragraph 2 of Law No. 37 of 2014 about the Soil and Water Conservation that "Soil and Water Conservation is an effort to protection, restoration, enhancement, and maintenance of soil function based on its ability and function to support sustainable development and life ". According to Article 1, paragraph 18 of Law No. 32 of 2009 about the Protection and Environmental Management gives the definition of natural resource Conservation "Conservation of natural resources is the management of natural resources to ensure wise utilization and continued availability to support life ". According to Article 1, paragraph 14 of Kuningan government regulation No. 12 of 2007 about the Conservation of Water Resources provides the definition of "conservation of water resources is an attempt to maintain the existence and continuation of the nature and function of the water resources in order to continue to be available in a quantity and quality sufficient to meet needs of living things, both in the present and the future ".Therefore based on the understanding of conservation according to the legislation, the environment conservation is closely related to the role of government and community participation in order to realize sustainable development for next generations. Roscoe Pound states concept, it is well known as "law is a tool of social engineering" provides a basis that the law is used as a means of change in society, the law should play an active role in manipulating social change in society so that the law should be a driving factor in the direction of social change to be better than ever (Manan, 2014). Development Legal Theory developed by Muchtar Kusumaatmaja is based on Roscoe Pound theory that provides a basis for the legal function as a "Means Renewal Society". Legal theory development has basic thoughts about law namely (Kusumaatmadja, 2013) ;  The meaning and function of law in society is reduced to one thing the order which is the ultimate goal and the first laws. The need for this order is a basic requirement (fundamental) for the existing society and fact which applies to society. To achieve order in society, it will need certainty in relationships between people in society. In addition, another purpose of the law is to achieve justice varying content and size, according to the society and era;  The law as a social norm, does not mean relationships between society governed only by law, but also it is determined by the religion, the rules of propriety, decency, customs and other social norms. Therefore, between law and other social norms are the fabric of the close relationship between the one and the other. But if there is a discrepancy between legal norms and social rules, then in the realignment of the legal provisions done in an orderly way, either in a form, manner, and means of implementation;  The law and the power have a reciprocal relationship, where the law requires power for its implementation because without it no other jurisdiction would constitute a social norm containing a mere suggestion. Instead of powers undefined by law. Popularly said that the law was without power is a chimera, power without law is tyranny;

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 The law as a social norm cannot be separated from values (values) prevailing in a society, it can even be said that the law is a reflection of the values prevailing in society. So it can be said that a good law is legal according to the laws of life (the living law) in a society that is certainly a reflection of the values prevailing in the society itself;  The law as an instrument of renewal of society means that the law is a tool for maintaining order in society. The function of law is not only preserve and maintain what has been achieved, but the function of the law, of course, must be able to assist the process of change in society itself. The use of the law as a tool for societal changes has to be very careful in order to avoid losses in the community should be considered in terms of sociology, anthropology cultural community. The existence of problems that arise in society 'agenda for the government to find the best solution in the form of policy. The specific characteristics inherent in the policy, namely (Hartini and Nassihudin, 2008):  The policy is more than an act that leads to the goal rather than as any behavior or act that is completely random and accidental, and the planned actions;  The policy essentially consists of actions related to copy and patterned lead to a particular purpose carried out by government officials and it is not a stand-alone decisions;  The policy has to do with what the actual government in certain areas are;  The policy may be in the form of positive, possibly negative. Based on the provisions of Article 1 paragraph 2, in Law No. 32 the year 2014 that Regional Government is the implementation of government affairs by regional government and parliaments of the region according to the principles of autonomy and duty of assistance with the principle of broad autonomy within the system and the principles in the Republic of Indonesia as stated in the Indonesian Constitution. Looking at the definition of local government as noted above, it is meant that here is the operation of the regional administration of the autonomous regions by the local government and the parliament according to the principles of decentralization and local government official elements of the governor, regent or mayor and the local government officials. The local government has huge authority for planning, formulating, implementing, and evaluating development policies and programs that fit with the needs of local communities. Now the local government is no longer simply as implementing operational policies that have been established and defined by the center, but more than that is expected to be the leader of development agencies in regional or local level (Gajong and Agussalim, 2007). Autonomy of local governments has a broad discretion in the management of the environment especially in facing the need of a strong legal politics to realize the ideal law that mandated by legislation (Bram, 2014) . Law No. 32 of 2009 about the Protection and Management of the Environment in article 1, paragraph 6 provides an understanding of conservation "as a series of efforts to maintain the carrying capacity and environmental carrying capacity". People who become part of the environment, have an obligation to protect and preserve the continuity of the carrying capacity and environmental carrying capacity. So, involving the community who understand the principles of sustainability to make environmental management is effective and efficient (Soeroso, 2007). Climate change also challenges fundamental assumptions upon which urban infrastructures have been built. In water management sector, the assumption of ‘stationarity’ that historically facilitated management of supply, demand, and risk is becoming increasingly irrelevant (Yumagulova & Vertinsky, 2017) . Kuningan Regency is an agricultural area located at the foothill of Ciremai Mountain, and developed into a tourist destination, therefore the availability of water for daily needs and agricultural production is very important. The

http://iaeme.com/Home/journal/IJCIET 261 [email protected] The Public Participation in Water Conservation to Embody Food Security in Kuningan, Indonesia development of the population affected the availability of food. Kuningan Regency has an agrarian area under the mountain area Ciremai is a tourist destination, there needs to be a policy that supports the availability of water for food production. The Environmental Care Bride Program is a touching program for the community, them who are going to get married in Kuningan Regency must provide as many as 5 to 10 trees for planting in areas already set by the local government, this activity is to support local government program, based on the Instruction of Regent of Regency of Kuningan Number 1 the year 2006 about Environmental Care Bride as Pengantin Peduli Lingkungan (PEPELING). This local government policy to prevent rainwater directly to the water channel will be accommodated first by the trees grown by the Environmental Care Program so that the availability of water for irrigation is still available and food production, especially rice in the paddy fields, will continue to produce throughout the year. It’s the activity that is in figure, namely in the form of tree planting in the surrounding area of residence, planting on lands owned by local government, such as: Kuningan Botanical Garden in Padabeunghar Village Pasawahan Regency; Bungkirit City Forest in Cigugur Village; and other urban forests. Stocking of lakes fish seeds, small ponds, and rivers, and the release of birds.

5. CONCLUSIONS Regulations society participation in Kuningan Regency relating to Water Resources Conservation is based on Law No. 37 The year 2014 About the Soil and Water Conservation where the location of research is carried out in Kuningan Regency. The purposes of this study are to determine how public participation arrangements are pursuant to Law No. 32 of 2009 about the Protection and Management of the Environment and how community participation in environmental conservation is. Law No. 32 of 2009 about the Protection and Management Environment provided in Article 2, Article 70 and Article 91 of Law No. 32 of 2009 about the Protection and Environmental Management provides the setting of Participation or Community Roles and complain Rights if there are some losses caused by pollution or environmental damage in the protection and management of living environment; Law No. 37 of 2014 about the Soil and Water Conservation in article 46 and article. Local regulation No. 12 of 2007 about the Conservation of Water Resources and Instruction of Regent of Regency of Kuningan No. 1 the year 2006 about Environment Care Bride as Pengantin Peduli Lingkungan (PEPELING). The Environmental Care Bride Program is a touching program for the community, them who are going to get married in Kuningan Regency must provide as many as 5 to 10 trees for planting in areas already set by the local government, this activity is to support local government program, namely in the form of tree planting in the surrounding area of residence, planting on lands owned by local government, such as: Kuningan Botanical Garden in Padabeunghar Village Pasawahan Regency; Bungkirit City Forest in Cigugur Village; and other urban forests. Stocking of lakes fish seeds, small ponds, and rivers, and the release of birds.

ACKNOWLEDGEMENTS The authors thank The researcher expressed their gratitude to the Directorate General Research and Development Strengthening, Ministry of Research, Technology and Higher Education of the Republic of Indonesia and Government of Kuningan Regency, for permission and encouragement to conduct such studies for the benefit of science and society.

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