Advances in Social Science, Education and Humanities Research, volume 439 Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019) Utilization of Peatland Technology for Food Availability in a Legal Perspective Jeane Neltje Saly Christine S.T. Kansil Adriel Michael Tirayo Faculty of Law Tarumanagara University Faculty of Law Tarumanagara University Faculty of Law Tarumanagara University Letjen S. Parman Street Number 1, West Letjen S. Parman Street Number 1, West Jakarta, Indonesia Letjen S. Parman Street Number 1, West Jakarta, Indonesia [email protected] Jakarta, Indonesia [email protected] [email protected] Abstract—The results of this research revealed that Law No. 18 of 2012 about Food [1], functions as a problematics with the use of peat technology due to the rate of guideline for the implementation of an orderly food, on the conversion of agricultural land, expansion of agricultural land, consideration that the most basic human needs and fulfillment are and increasing production of food crops is not optimal, despite part of human rights guaranteed in the Constitution of the long-term solutions to the crisis of fire and haze, therefore it is Republic of Indonesia in 1945. Therefore, the State is obliged important to implement Government Regulation of 2016 about to realize the availability, affordability, and fulfillment of the Protection and Management of Peat Ecosystems to meet the adequate, safe, quality, and nutritious food consumption that is basic needs of the community from local resources. The balanced, both at the national and regional levels to individuals problem is what is the government’s effort to improve the evenly throughout the territory of the Unitary Republic of realization of food sufficiency through the use of peatlands and Indonesia. This is done not only temporarily but all the time by what is the legal basis above that. The research methods use a utilizing local resources, institutions and culture. As a country normative juridical method, by used secondary data obtained with a large population and on the other hand having diverse through study literature and analysed qualitatively. The results natural resources and food resources, Indonesia is able to fulfill and discussion of this research is that the government’s efforts its food needs sovereignly and independently. in applying standard technology efficiently produces useful results with the use of peat as a solution of food security According to the Food Law, the purpose of through a touch of technology. The legal basis is the implementing food fulfillment is based on local resources in Presidential Regulation of 2016 about Peat Restoration Agency, order to achieve increased capacity to produce food which functions to accelerate the restoration of the area and independently, diverse and meet the requirements of restore the hydrological functions of peat due to forest and security, quality, and nutrition for public consumption, as well land fires in a special, systematic, directed, integrated and as increase added value and competitiveness of food comprehensive manner. commodities in the domestic market and abroad. No less important is the improvement of welfare for farmers, Keywords: food availability, peatlands, technology fishermen, fish cultivators, and food entrepreneurs and protect and develop the wealth of national food resources. However, agricultural land in some areas cannot be used I. INTRODUCTION directly due to drought, rocky soil, and peat unless it is The results of this research revealed that problematics processed technically as is done in the Kalimantan region. with the use of peat technology due to the rate of conversion of Peatland is a specific ecosystem that is always flooded agricultural land, expansion of agricultural land, and (waterlogged) has multi functions including economic functions, increasing production of food crops is not optimal, despite regulating hydrology, environment, culture, and biodiversity. long-term solutions to the crisis of fire and haze, therefore it is Peatlands are generally arranged by remnants of vegetation that important to implement Government Regulation of 2016 accumulate for a long time and forming peat soil. Peat soil is about the Protection and Management of Peat Ecosystems to fragile, relatively infertile and irreversible. The potential and meet the basic needs of the community from local resources. suitability of peatland for agriculture is very limited by the main factors, namely drainage. Plant carrying capacity, maturity and Copyright © 2020 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 628 Advances in Social Science, Education and Humanities Research, volume 439 Advances in Social Science, Education and Humanities Research, volume 439 thickness of peat soils and chemical properties which are necessary to prepare technical regulations as the basis for generally classified as low to very low [2]. implementing its programs, developing early detection systems, strengthening government institutions and resilient communities, The demand for food for the increasing population has as well as increasing legal awareness society. This was stated in forced the government to expand the area of agricultural Article 22 Paragraph (2) Government’s Regulation No. 71 of cultivation. Peatland which is marginal land is also a target 2014, that: “Prevention of damage to the Peat Ecosystem as for conducting food crop cultivation. However, due to the referred to in article 22 paragraph (2) letters a is carried out by: chemical properties of peat soils which have many limitations for conducting food crop cultivation, amelioration must be a. Reparation of technical regulations; done to improve soil properties [3]. b. Development of early detection systems; c. Strengthening government institutions and Other issues that are still lagging behind and need resilient communities; attention are efforts to increase agricultural productivity of d. Increasing community legal awareness; and/or poor farmers, fisheries business and cultivation and other e. Safeguarding areas prone to fire and fire scars.” microscale businesses that support the small business production chain that is potential in the region. Attention also needs to be paid to increasing access to land and In the context of developing early detection, the productive assets that often limit the increase in production seriousness of the relevant parties, such as stakeholders, is and business scale of the poor. The availability of economic needed to avoid damage to peat from fires. This is determined facilities and infrastructure in rural areas, access to credit in the Activities Plan of the National Peatland Management for financial services and other capital sources for rural Working Group, “National Strategy and Action Plan: economic actos and the use of agricultural research and Sustainable Management of Peatlands”. The achievement of technology, dissemination and provision of information on food security, which is a basic need of the people of Indonesia agricultural technology are also important factors in driving guaranteed in the 1945 Constitution, is hampered by rural economics [4]. geography, weather, rainfall, and most of the land that cannot be planted, such as peatlands. At present, there is a polemic related Peatland is an ecological unit that should be managed to the rampant peat issue that needs to be resolve globally, based on the boundaries of its ecosystem, even though the especially ASEAN, and nationaly. Eniya Listyani Dewi, ecosystem boundary crosses administrative boundaries or Deputy of Agroindustry and Biotechnology Technology (TAB- authority of certain agencies. Management practices by BPPT) said that forest, land fires (karhutla) and land conversion referring to ecosystem boundaries become more difficult if require solutions globally. there are no institutions that coordinate and take full responsibility. In this connection, it is recognized that up to In this connection, Indonesia has a dilemma. While striving to now there has not been an institution either at the central or undergo development, the State is obliged to realize the regional level that has full responsibility and authority in availability, affordability, and fulfillment of food consumption implementing or coordinating peatland management with a large population, despite being rich in diverse natural activities. resources and food sources. Law No. 18 of 2012 concerning Food [1] aims to ensure legal certainty in the realization of Indonesia's Considering a and b Government Regulation No. food consumption in a sovereign and independent manner 57 of 2016 about Amendments to Government Regulation through local culture. No. 71 of 2014 about Protection and Management of Peat However, the reality is that the desire to use local resources, Ecosystems described that “peat is a vulnerable ecosystem and has suffered damage due to forest and land fires in 2015, so institutions, and culture has not been able to be optimally intensive efforts must be made in protection and achieved, both in an adequate, safe, quality and balanced management”. Government Regulation Number 71 of 2014 manner, evenly throughout Indonesia. In this paper we will concerning Protection and Management of Peat Ecosystems discuss how the government is striving to achieve Food Safety needs to be refined in accordance