Legal Protection : Converting Agricultural Land To Residential Land ( Legal Analysis of Agricultural Land Conversion )

Indonesian population growth has increased rapidly. Therefore, it needs residential land to build schools, markets, and various public places. This condition makes land conversion increase as agricultural land in Indonesia is wide and relatively easy to be converted. However, if this happen continuously, Indonesia will face endanger of food resilience. Actually, a legal instrument, Law Number 41 of 2009 on Sustainable Food Agricultural Land Protection, is a law that prevents agricultural land conversion for the sake of national food resilience Practically, agricultural land conversion unstoppable and continuously keeps happening. Therefore, judicial approach is significantly required in to comprehensively prevent agricultural land conversion.


Introduction
In developing countries such as Indonesia, the population growth has increased more than the economic development growth. That high dynamics of Indonesian population growth from year to year continues to increase where economic development growth is not specifically raising will cause several new social issues.
According to Indonesian statistic data, Indonesian total population has reached 242 millions with economic growth level 34% (Setiadi,. A good legal system to protect agricultural land for future self-sufficient in food production should be implemented through effective programs and regulations to prevent land conversion, from agricultural land to residential land.
There are two main factors of converting agricultural land. Firstly, in line with industrial and property business development, it needs residential land to build public facilities and access that surely do support industrial and property business development.
Therefore, this can promote industrial and property business development to the residents and investors.
Secondly, since converted land (residential land) has higher economic value than agricultural land, it increases the number of land conversion (RosianaDewiAdiaSiswi, 2011), Unpublished Thesis, Juridical Study of the Permission Implementation of Land Conversion, from Agricultural to Non-Agricultural Land in Madiun Regency, UniversitasSebelasMaret, Surakarta, page 1).
When this land conversion continuously occurs, it means that there is no appropriate legal system to protect agricultural land.
This condition jeopardizes the idea of future self-sufficient in food production (Setiawan, 2000, hal. 4), because according to SahidSusanto as cited by ZaenilMustofa and Purbayu that agricultural land. Particularly farm land, has an important role to preserve food supply stability, rice especially; to intensify ecological function; to create rural community social and economic activities; and to create an agrarian society-based civilization (Mustofa & Santosa, 2011, hal. 5).
Land conversion from agricultural to residential land has been threatening selfsufficient in food production. It is difficult to control the intensity of land conversion. Most of converted lands even have the highest productivity among others. Those converted lands are technical and semi technical-irrigated farm fields. Those are located in agricultural land where advanced technological and institutional applications supporting rice development has been applied.
Social factors have been considerations why land conversions occur. Those factors are social engineering, management and conversion land. Meanwhile, what interferes land conversion is the relationship between landowners and tenants. Political factors can be seen from the dynamics of the development of society as the effect of regional autonomy and the dynamics of the development of society, which surely want to demand the rights of management of land more widespread and real (independent). Therefore, there is a tendency to convert agricultural land (agricultural land conversion).
According to Hakim, high economic growth led to rapid growth in some economic sectors. The growth also requires a wider land. Therefore, it increases the demands of land for development in various sectors, especially the industrial sector. The importance of land for these various sectors makes the demand for residential land increase. It is in line with the increasing population growth, but the availability of land is relatively limited (Hakim, 2002, p. 149).
According to Mubyarto, land is a production factor that cannot be reproduced by humans or often called non-producing input. Therefore, conversion leads to degradation. An endevour to reduce rice production-losses due to the conversion of rice agricultural land is important in order to counteract the stagnation of rice production growth, so that the conversion of agricultural land has reduced the carrying capacity of the region in maintaining food self-sufficiency, security, and sovereignty (Mubyarto, 1996, p. 89).
Today's problem is demands of land. This occurs becausethe population increases by 1.49 percent per year. Meanwhile, the existing land area is relatively stable; the productivity of the food farm is leveling off, and there is a land-use competition for industrial development. This includes the expansion of provincial and district / city areas, so that the availability of land to meet the national food sufficiency is increasingly threatened.
Agricultural land authoritzation by farmers is also being weakened. There are several reasons why this occurs such as landowner inheritance factors, unbalanced land-use competition, particularly between agricultural and non-agricultural sector. If related parties in land-use planning only focus on land rent economics, there will be no balance between agricultural development and another sector (Agus, Fahmuddin, &Irawan, 2004, p. 32).
This situation will influence to a reduction of environmental and land support capacity. GatoetSroeHardono et al, state that agricultural land conversion is a threatening problem for self-sufficiency food production. Food security is the condition related to how easy people access food, from both quality and quantity (GatotSroeHardono, 2004, p "Sustainable Agriculture Farming Land is an agricultural land particularly in rural areas that has sustainable food and agriculture and/or sustainable food and agriculture reserve land including its components that aim to support food self-sufficiency, security, and sovereignty." There is a regulation on the sustainable food and agricultural land protection. It is Prevention of the conversion of agricultural land to non-agricultural land would be effective with the legal protection of productive agricultural land from conversion. Based on the background of the study above, the researcher is interested to study a dept-research related to Legal System of Land Conversion from Agricultural to Non-Agricultural Land as described above.

Result Of The Study
According to Central Bureau of Statistics, Suryamin, "Those families who plant rice The number of farmers who change their job because the government does not support them so farmers have to try by themselves starting from finding farming land and fertilizer to facing the possibility of harvest failure until the harvest sales. Because of these, it can make farmers become frustrated when harvesting season comes. This is why the economic value of agricultural land is still inferior to the economic value of non-agricultural.
Therefore, many farmers are choosing to convert their agricultural land.
Supplying, using, and upgrading of land resources, for non-farms to increase the economic level freely without legal protection of agricultural land, can lead to future disasters. It is important to realize the importance of conservation of the function of land, as agricultural land is fundamental and essential for all of us so that there will be no disaster in the future.
If the conversion of agricultural land to non-agricultural is left uncontrolled then there must be a condition that agricultural land will become narrower, agricultural production will decrease. In the future, Indonesia will experience a food-deficit. In other words, Indonesia It needs a development concept that is planned to bring benefits to many people and do not negate factors that affect the sustainability of agricultural land. The concept has been carried out in many developed countries that produce advances in various fields, including economics, technology, production, education and information. The concept has improved the quality of human life in that country but has not forgotten the essence of food productivity required by all citizens. Therefore, to achieve the required development objectives is a plan that is in accordance with the laws and regulations. Therefore, it can provide guarantee, protection, certainty and direction that heed to land conversion. There are reality in which developed and developing countries are desperately appreciated that the country is experiencing a rapid increase in agricultural productivity from both quantity and quality.
Competition for land optimizing use for various sectors is getting broader. The amount of agricultural land conversion had been planned based on Spatial/ regional Planning planted on dry season. In this case, Indonesia produces 9% of world rice production. Thus, it makes Indonesia as the third largest rice producer in the world after China (30%) and India (21%).Indonesia is a country with population growth rate reaching 1.49% per year.
Therefore, there is significant increase in the cencus. Based on the census data conducted in 1990, Indonesia's population is 173 million. However, thepopulation number reached 237 million people in 2010.
Crops consumption data for each population was recorded at an average of 131 kg/ year with marginal interval only 0.14%. Technically, it becomes perfectly inelastic necessity. This is due to food production that is relatively unchanged significantly, gradually, although technically,the methods and planting technology has been improved. In fact, this real condition shows that food productivity has considerably increased rather that the variability of agricultural land. However,in the other hand, it also shows that the rice fields are actually stagnated. This condition is triggered by the dignificant decrease of rice fields. As the result, it causes decrease of crop production.
Conversion of agricultural land will bring negative impact on foodproblems due to the reduced capacity food production. Such impact is considerably permanent since the converted agricultural land will be not able to be re-converted once it is converted into non-agricultural purposive. Thus, someefforts that are attempted to restore food production capacity such as opening new rice fieldsor increasing crops productivity become significantly more difficult to achieve. Unfortunately, this impact of agricultural land conversion is habitually assumed as a temporary impact. As the result, this matter is considered not as a big deal that requires further solution. (Sunarno, 1996 Conducting good planning and legal arrangement of land conversion mean preventing sustainable food supply from the destructive, environmentally irresponsibledevelopment. In this case, people are obliged to actively participate in ensuring that the conversion process is well regulated. Thus, the potential of agricultural food production can be maintained significantly. Moreover, it also can provide more benefits for all people in every level of society.
The legal instruments, such aslaws and regulations as mentioned above, fail to provide control and proper arrangements in order to prevent land conversion. Besides, theyalso fail to provide regulatation concerning the mechanism of land conversion in detail, clear way, especially in relation with rights, obligations and sanctions for all parties. In addition, particular legal instruments are also required in order to regulate the issues of incentives, disincentives, and compensation. In the point of view of current policy, incentives in the form of subsidy, tax break, and agricultural tools supply are granted for the defending parties. Meanwhile, disincentives aregiven to the converting parties. The compensation, then, is provided in order to prevent the land from conversion.
The best mechanism of legal protection can be realized by improvingfarmers welfare.
This opinion is drawn from mapped typology, in which land conversion is divided into 7 points, namely (Sihaloho, 2009, hal. 76): 1. Gradual conversion of sporadic typology. It is a conversion influenced by major factors, such as minimumproductivityof land or economic interests. 2. Systematic conversion of "enclave" system. It is simultaneous land conversion in order to increase its additional value. 3. Conversion with responsive typology for population growth, or demographic-based adaptation conversion. It is land conversion for residential purposes. 4. Conversion of social problems typology. It is land concersion that occurs due to high economic demands and changes in welfare.

Conversion of migration typology. It is conversion that is influenced by life improvement
factors. It is conducted by doing migration orconverting land in the migration place. 6. Conversion of agricultural adaptation typology. It is conversion that is caused by the objectives of increasing agricultural products (e.g., conversion of rice fields intofarms/ fisheries). 7. Multi-typology conversion.It is land conversion that is caused by several factors, such as inheritance systems, schools, trading and offices.
If an agricultural land is converted, the surrounding land will be also progressively converted. According to Akbar (Akbar, 2008, hal. 66),conversion of agricultural land are LEGAL STANDING Vol.1 No.2, September 2017 25 mostly caused by the low economic value of agricultural products. Thus, such land is converted to it more profitable. As the result, investments of agricultural, reservoirs, and irrigation systems asthe infrastructure are not able to be fulfilled. In this case, land conversion will bring adverse impact for people and great loss of environmental damage (Sumaryanto, 2016, hal. 22) It is true that the biggest factor of land conversion is due to the economic factor, however, doing land conversion is not merely the have-to-do action. Generally speaking, the government, actually, has the legal authority to control the land optimization use. Thus, in this case, the conversion of agricultural land is actually determined by the effectiveness of policy that regulates the land conversion. The effectiveness of this policy also determines how much land conversion takesimpacts on social, economic, environment, and food supply issues.
Actually, there are three main policy instruments that can be used as the efforts to minimize land conversion. The first is Spatial/ Regional Planningthat is officially created by regional government and authorized by Regional Representatives Assembly. Spatial/ Regional Planning are used as the basic references in regulating or utilizing land use for particular activity. Particularly, the principle of utulitarianism or giving maximum benefit to the citizens is applied here.
The second instrument island use application permitsunder the authority of National land Agency in regional level. Then, the third instrument is the regulation ofagricultural land conversion. In the same time, this regulation is the instrument used to determine which types of agricultural land that are allowed to be converted. Moreover, this regulation should be considered in proposing the land permission documents.Regionally, the decision concerning whether or not an agricultural land can be converted into non-agriculture putposeis determined by official team consisting of officers from relevant department of land affairs.
Conceptually, a legal instrument is considered as ideal if itaccomplishes some elements. First, it must have clear specification and direction concerning convertible lands that have been formulated in Spatial/ Regional Planning. Second, it must have clear, considerable instrument for determining areas of agricultural and non-agricultural activities.The last is that it is must be in form of legal instrument of incentives and disincentives for land conversion.
Nevertheless, the main drawback of this regulation on agricultural land conversion is its lackness of public understanding due to unwell-coordinated socialization. The fact is that LEGAL STANDING Vol.1 No.2, September 2017 26 not every single policy and regulation, such as Spatial/ Regional Planning,is easily understood by common people.People do not understand the rules on certain types of agricultural land that are forbidden to be converted. Moreover, not all people understand that converting agricultural land with technical irrigation is a violation of law.
Another factor that also supports the weak implementation of land conversion regulations is the governments'leader tendency, in this case is the village headman, in supporting agricultural land conversion. They tend to support the conversion of agricultural land purchased by investors. It is assumed that the leaders do this due to the certain of money the village treasury will receive when the conversion is done. This matter is called as the organizational interest of village government.
Additionally, technical difference between bureaucratic operational structures and the implementation ofland conversion policy becomes another concern. In this case, bureaucracy of organizations such as National Land Agency is centralized, while the implementation of conversion policies is decentralized. Such structure actually is not effective in the central government because there is no detail legal instrument to encourage policy implementation or to consistently implement a defined conversion policy.
Incentives and disincentives stated in the regulation should actually be able to encourage farmers to improve their welfare and to increase the economic value of agricultural products. Moreover, various policies used to support agribusiness or other agricultural commodities have been provided. According to EC Pasrour, the importance of agriculture and agribusiness in economic development of a countrybecomes one of main problems in planning land optimizing use in rural areas. Furthermore, the conventional welfare theory shows that agricultural land and soil resources must be maintained well (Pasrour & Gardner, 1993, hal. 18 in planning. In addition, the coordination and synchronization of policy implementation is still not good emough.

Conclusion
Indonesia is a big country with rapid population growth. Due to this condition, the need for land becomes a vital, strategic requirement.The demands for housing, roads, schools, and infrastructureforce the conversion of agricultural land into non-agricultural one.
Conversion of agricultural land for non-agricultural purposes will be a problem if it is not covered by good regulation. It definitely will affectfood autonomy of the country.
Agricultural land and its agricultural productsareactually the national source of life. That is why randomly or insequently converting agricultural land will result in disaster.
Such conversion occurs mostly due to the leconomic value of agricultural land its productsthat are lower than non-agricultural products. This is what makes land conversion is more promising. Actually, there are some legal instruments that rule or discuss the protection of agricultural land. However, not even one of the regulations has set about the incentives, dissentives, and compensation of agricultural land conversion.
Therefore, the best way to protect agricultural land conversion into non-agricultural land is by issuing policies that support farmers' life improvement. By issuing such policy, it is expected that the economic value of agricultural products will increase and become higher than the non-agricultural products.Increasing agricultural products can be done by conducting crops diversification or agribusiness. Besides, doing optimization of land use is aother helpful way to prevent land conversion. It can minimize the needs for land, and the same time, it can fulfil the requirementof development by providing apartments, flats, and so on.