The Concept of Forest Management

Qualitative Study Of Health App On Loyalty

P. Santoso

1. The Concept of Forest Management

The enforcement of Law No. 41 of 1999 on Forestry as an instrument of forest protection has not succeeded in maximally protecting the forest from the damage caused by human actions. Forest protection policies that accommodate local forestry laws can increase the active participation of the community and will facilitate the government in building mass communication networks, both vertically and horizontally. Further implications will facilitate the government in social and political controls in the region. Therefore, in forest protection the government should pay attention to the diversity of local legal values living in the community as living law, so that the implementation of forest protection is reached to the maximum.

Andry Harijanto Hartiman states, the state of the forest is increasingly damaged by the encroachment of irresponsible people, is evidence of the unfavorable cooperation between the government and indigenous people.

Therefore, sustainable and fair forestry development can be achieved, if there is a paradigm shift. The new paradigm of forestry development is a shift in orientation from forest management to resource-based management, centralized management to decentralization, and more equitable resource management. It is clear that indigenous peoples around the forest need to be involved such as the mandate of the law.⁶

In the context of the implementation of regional autonomy, consideration should be given to efforts to revitalize the role of indigenous and tribal people in the management, preservation of forests by reviewing, directing the pattern of forest protection by adopting local law values that have prevailed in pre- (state law).

Opportunities to re-enforce the rules of local law, constitutionally have a foothold under the 1945 Constitution of the State of the Republic of Indonesia (Article 18 B) (2) stating that "the State recognizes and respects the unity of indigenous and tribal society along with their traditional rights throughout life and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, as governed by the law ". In addition, juridically the operational recognition of indigenous and tribal people has a legal basis in Law No. 5 of 1960 on the Basic Regulations on Agrarian Principles, in Article 3, essentially determining "... the exercise of customary rights and similar rights of indigenous and tribal people, insofar as they still exist, shall be such that in accordance with national and state interests ... ". In addition, Law No. 41 of 1999 on Forestry under Article 67 has given recognition to indigenous and tribal people.

Conception of forest in society in Bali cannot be separated from the trust structure of the community, so that the trust holds a key role in maintaining and preserving the existing forest area. In the Teachings of Regveda III.5 1.5 is stated with meaning; Protect natural resources such as the atmosphere, medicinal plants and herbs, rivers, water sources and forests - wilderness. These teachings are then implemented into their social system of awig- awig and pararem as a norm that must be obeyed by its citizens.

Furthermore, on the basis of the concept a variety of taboos or restrictions were developed and made the basis of "governance", which is part of the awig-awig of traditional villages governing human relationships with their natural environment.

Concept of Customary Village

The issue of adat village (pakraman village) is regulated in the provisions of Article 1 paragraph (4) of Bali Province Regional Regulation Number 3 Year 2001 regarding Desa Pakraman. Previously the village of Pakraman referred to as a traditional village. The concept of indigenous villagers who became the reference in this study comes from three syllables namely, community, village, and pakraman. The meaning of the word society is, the collection of several families who are bound in the customary law community in order to achieve the purpose of life in the form of inner welfare that has been established together. While the word village derived from the Sanskrit language has a meaning, unity territorial territory inhabited by several groups of people who are subject to the provision of the local area. None of the customary villages in Bali have the same rules or awig-awig.

Althoughawig-awig is not the same, philosophical remains one, which is a reflection of the values that come from Hinduism. Furthermore, I Made Suasthawa Dharmayuda suggested that the definition of customary village (pakraman village) is⁷:

The unity of indigenous and tribal people who have a unity of tradition and manner of association of life in the bond of Kahyangan Desa (place of worshipingtogether), have a certain territory, have their own management, have their own tangible and intangible property, and can manage their own household.

6Andri Harijanto Hartiman, 1998. “Ketaatan Otomatis Spontan Pada Hukum Adat Studi Kasus Dalam Masyarakat Suku Enggano”, artikel dalam Jurnal Penelitian Hukum, Tahun III, Edisi VI, Nomor 1, Januari 1998, Fakultas Hukum Universitas Bengkulu, p. 21.

7I Made Suastawa Dharmayuda,2001.Desa Adat Kesatuan Masyarakat Hukum Adat Di Propinsi Bali. (Denpasar: Upada sastra.

p. 6.

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133 By referring to the Provincial Regulation of Bali Number 3 Year 2001, elements as well as the main characteristic of customary village, Pakraman,can be identified, namely:

1. Unity of customary law community in Bali Province.

2. Having a unity of traditions and manners of social life of Hindu society for generations.

3. Having a bond of heaven Three / Village Paradise.

4. Having a certain territory.

5. Having own assets.

6. Eligibility to take care of his own household.

Indigenous villages in Bali are customary law community units with special features not found in other types of customary law communities. This special feature is related to the Hindu philosophical foundation that animates the life of indigenous people in Bali, known as the Tri Hita Karana philosophy which etymologically means tri (three), karana(causes) hita(happiness), Ida Sanghyang Jagatkarana (God the Creator) , bhuana (universe), and manusa (human). With the belief of Hindus in Bali, prosperity will be achieved if there is harmony of the relationship between the elements of Tri Hita Karana, namely:

1. Harmonious relationship between man and God Almighty, 2. Harmonious relationship between man and his neighbor, 3. Harmonious relationship between man and the universe.

The atmosphere is concretely and harmoniously translated as safe, and peaceful atmosphere (trepti, sukerta, sekala niskala).⁸

Human, living in society, have been equipped to apply in accordance with and to sustain high cultural values.

Cultural values which in certain societiy are considered to be of the highest value, but the highest value in society is not always regarded as a value by other societies. In general, these values include methods and social norms and have been recognized as a binding norm between one another, ultimately institutionalized in a particular society.

Working on the law within the community, according to Satjipto Rahardjo, cannot ignore the role human or members of the public who are subjected to positive law arrangement. In the end, itcan determine the attitudes, matches and values that members of the community need to live in behaving.⁹

In order to increase the need for community action in various types of rural development in a labor-intensive manner, with some development policies to stimulate the values that exist in society.¹⁰

In indigenous village communities there are "customary village leaders", (adat village administrators) and customs per consensus (customary agreement through pararem) which is the highest aspect in making decisions by the village communities concerned. Including implementing customary sanctions, where there are citizens (krama) who commit the Awig-awig violation.

Customary Village-Based Forest Management

As previously mentioned, the management of Village Forest by customary villages in Bali, especially in Buleleng Regency is based on the issuance of Forestry Ministerial Decree No. 629/Menhut-II/2010 concerning Stipulation of Area as Village Forest Area + 3,041 Hectares. The existence of protected forest areas and production forests, still within the administrative area of each village concerned. To maintain the preservation of village forests, through the Bali Governor's Decree No. 2017/03-L /H /2015 issues a Village Forest Management Permit (HPHD) on the Provision of Village Forest Management Rights in a Broad Forest Area + 3,041 Hectares.

The existence of forest area of the villagedoes not escape also from the act of the hands of the villagers doing the exploitation and destruction on the forest. The existence of forest areas that are very close to the settlement of citizens, making a lot of interaction with the forest in their daily activities. This condition provides the potential for damage to the village forest area. In general, the forest area of the village, is part of the governance of each village custom village. To that end, as part of the territorial/territory (palemahan) of adat village, every citizen (kramaand customary) is obliged to participate in the maintenance activity on forest area. The form of participation and the active role of adat village is shown to include the regulation of forest (indik base) into Awig Awig. Beginning the process of discussion through the consensus of all citizens through the great gospel (general meeting), the discussion and the Awig-awig mentioned, generally refer to Sargah VI Indik Wicara, Pamidanda, Kakleean Lan Alas (in Chapter IV, on the settlement of customary sanctions on forests).

8I Wayan P. Windia, 2004. Danda Pecamil Catatan Populer Istilah Hukum Adat Bali, Denpasar, Upada Sastra,p. 45.

9 Satjipto Rahardjo,1979.Budaya Hukum Dalam Permasalahan Hukum di Indonesia, (Seminar Hukum Nasional ke IV, BPHN, Jakarta).

10 Hague, A. Rahman dan P. Wignapraja (penerjemah), 2013.Towards a Theory of Rural Development Dialoguedalam A. Irzal Rias. Pengakuan Putusan Lembaga Kerapatan Adat Nagari Mengenai Penyelesaian Sengketa Sako dan Pusako Masyarakat Hukum Adat Minangkabau, Disertasi Doktor pada FH Unibra, Malang. P. 73

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134 Application of Customary Sanctions in Village Forest Management

According to Bushar Muhammad, customary village is a one-sided deed of a person or a group of individuals, threatening or offending or harassing balance and fellowship is material or immaterial, to one or to society in the form of unity. Such acts or per-manures will result in a customary reaction, in which it is believed can restore disturbed balance, among other things by various ways and ways, by paying customs in the form of goods, money, holding salvation, cutting large and small animals, etc.¹¹ Furthermore, R. Soepomo does not mention the term customary offense, in the customary law system. Any action that is contrary to the rule of customary law is illegal and customary law recognizes the efforts to remedy the law (rechtshersel) if the law is violated.¹² While the types of customary sanctions known in Bali, relevant to the writing of this title are; 1) Danda is the amount of money charged to a person who violates an awig-awig provision in Banjar or in the village. Secondly, Sin is a certain amount of money imposed on village or BanjarKrama if it does not carry out its duty properly.¹³

Considering that customarysanctions are generally terminated through paruman or through the wisdom of customary leaders who have recognized their ability, credibility, and support by the community, the customary sanctions imposed on certain village krama are generally supported by the whole village krama. Moreover, it is often found that, krama who do not support the sanctions imposed will actually receive sanctions.

Explicitly in the Provincial Regulation of Bali Number 3 Year 2001 concerning Desa Pakraman, the duties and authority of pakraman village are regulated in Article 5 and Article 6. In Article 5 stated that the duty of Pakraman village is as follows;

1. makingawig-awig, 2. setting village manners,

3. arrange management of village property,

4. together with the government carrying out development in all major areas of religious, cultural and civic, 5. fostering and developing Balinese cultural values in order to enrich, preserve and develop national culture in

general and regional culture in particular based on "paras-paros, sagilik-saguluk, salunglung-sabayantaka"

(deliberation) protecting the village manners.

As for the authority of the village of Pakraman stipulated in Article 6, in this article stated the authority of Pakraman village covers:

1. Resolvingcustomary and religious dispute within their territory while maintaining harmony and tolerance among villages in accordance with awig-awig and local custom,

2. Participating and determining every decision in the implementation of existing development in its territory, especially related to Tri Hita Karana,

3. Conducting legal acts inside and outside Pakraman village.

With regulatory intentions on the management of village forest areas conducted by customary village through arrangement in each awig-awig of each adat village. So it becomes a liability, in the framework of its management should not be reckless and need support of stakeholders in indigenous villages. The lack of seriousness in the management will be detrimental to the traditional village itself.

Judging from the basic idea of the necessity of custom village need in the management of village forest area, there is indeed a thought base to apply customary sanction. Although there are several stakeholders outside the adat village with regard to forest management, but basically adat villages, the Awig-awig provision made it is the authority of indigenous village autonomy. In this context the application of customary sanctions can be seen as an interstate rule agreed upon by village manners in paruman (deliberation).

Conclusion

From the initial exposure it can be stated that with regard to the application of customary sanctions in village forest management it is justified if the management is placed as part of the customary village autonomy in the care of its interests. However, there are external rules of the superior body to be considered and followed. Adoption of customary sanctions should be placed as a last resort, if there is an indication that the non-compliance of obligation by villagers is due to awig-awigviolations. Customary sanctions applied must also be linked to the value of justice and fairness, which means balanced with the obligations that are not merely punishable, but in the form of guidance in the framework of enforcement of the rules. Adoption of customary sanctions should be in line with respect for the fulfillment of Human Right.

11Busar Muhamad, 2000. Pokok-pokok Hukum Adat, Jakarta, Pradnya Paramitha. hlm.

12 Soepomo, 1986. Bab- bab Hukum Adat, Jakarta, Pradnya Paramitha, p. 96

13Astiti, 1976. Inventarisasi Istilah – Istilah Adat Agama Dan Hukum Adat Bali (Laporan Penelitian). Denpasar: FH UNUD.

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135 BIBLIOGRAPHY

Books

Andri Harijanto Hartiman, 1998. “Ketaatan Otomatis Spontan Pada Hukum Adat Studi Kasus Dalam Masyarakat Suku Enggano”, artikel dalam Jurnal Penelitian Hukum, Tahun III, Edisi VI, Nomor 1, Januari 1998, Fakultas Hukum Universitas Bengkulu.

Artadi I Ketut, 2007, Hukum Adat Bali, Dengan Aneka Masalahnya, Pustaka Bali Post, Denpasar.

Astiti, 1976, Inventarisasi Istilah – Istilah Adat Agama Dan Hukum Adat Bali (Laporan Penelitian). Denpasar: FH UNUD.

Busar Muhamad, 2000, Pokok-pokok Hukum Adat, Jakarta, Pradnya Paramitha. Dharmayuda Suastawa I Made.

Desa Adat Kesatuan Masyarakat Hukum Adat Di Propinsi Bali. Denpasar: Upada Sastra.

Hague, A. Rahman dan P. Wignapraja (penerjemah), 2013, Towards a Theory of Rural Development Dialoguedalam A. Irzal Rias. Pengakuan Putusan Lembaga Kerapatan Adat Nagari Mengenai Penyelesaian Sengketa Sako dan Pusako Masyarakat Hukum Adat Minangkabau, Disertasi Doktor pada FH Unibra, Malang.

RahardjoSatjipto, 1979, Budaya Hukum Dalam Permasalahan Hukum di Indonesia, (Seminar Hukum Nasional ke IV, BPHN, Jakarta).

Ihromi.T.O, 1984, Antropologi dan Hukum, Jakarta, Yayasan Obor Indonesia.

Sudantra I Ketut, 2008, Pengaturan Penduduk Pendatang dalam Awig-Awig Desa Pakraman. Piramida.

Denpasar.

Surpha I Wayan, 2004, Seputar Desa Pakraman dan Adat Bali, Pen. Bali Post. Denpasar.

Soepomo, 1986, Bab- bab Hukum Adat, Jakarta, Pradnya Paramitha.

Windia. P I Wayan, 2004, Danda Pecamil Catatan Populer Istilah Hukum Adat Bali, Denpasar, Upada Sastra.

Widnyana, I Made. 1992. Eksistensi Delik Adat Dalam Pembangunan. Denpasar: Fakultas Hukum Unud.

Regulation

Undang-undang Dasar Negara Republik Indonesia tahun 1945.

Undang- undang Republik Indonesia Nomor 41 Tahun 1999 Tentang Kehutanan.

Undang - undang Republik Indonesia Nomor 18 Tahun 2013 Tentang Pencegahan dan Pengerusakan Hutan.

Peraturan Pemerintah Nomor 6 Tahun 2007 tentang Tata Hutan dan Penyusunan Rencana Pengelolaan Hutan, serta Pemanfaatan Hutan

Surat Keputusan Menteri Kehutanan Nomor 629/Menhut-II/2010 Tentang Penetapan Kawasan Sebagai Areal Hutan Desa Seluas + 3.041 Hektar.

Peraturan Menteri Kehutanan Nomor P.89/Menhut-II/2014 Tentang Hutan Desa.

Peraturan Daerah Provinsi Bali Nomor 3 Tahun 2001 tentang Desa Pakraman Awig-awig Desa Adat, Kecamatan Sukasada.Kabupaten Buleleng.

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136 THE IMPLEMENTATION OF THE GOVERNMENT POLICY ON THE ERADICATION OF SEXUALLY TRANSMITTED INFECTION AS AN EFFORT TO IMPROVE PUBLIC HEALTH

*Raja Al Fath Widya Iswara, **Sarsintorini Putra

*Lecturer in Faculty of Medicine Halu Oleo University Kendari

**Lecturer in Faculty of Law Untag Semarang ABSTRACT

Sexually transmitted infections (STI) is one of the infectious diseases that must be overcame, this has been arranged in Health Minister’s Decree (Kepmenkes) Number 1285 in 2002 about The Prevention of HIV- AIDS and Sexually Transmitted Diseases in Chapter V.4 through prevention and treatment of STIs. Some programs have been running optimally but periodic STI checking activity on Sex Workers in location/localization, bar/karaoke and massage parlors has not been done. The problem in this research is how is the implementation of government policy on the handling of STI, as well as obstacles and solutions. This study uses normative legal approach, using secondary data as the main data and primary data as supporting data with qualitative analysis methods. Implementation of the government policy on the eradication of STI as an effort to improve public health according to Kepmenkes Number 1285 in 2002 is not yet maximum, where there is a program that is not yet done, which is regular check by Health Center team. Factors that influence the implementation of STI management are the juridical factor and non-juridicial factor. Constraints in the implementation of STI management of primary stakeholders are the laziness of the Sex workers inspection, Sex workers bad sexual behavior, lack of participation and understanding of the STI and its eradication. From secondary stakeholder, the constraints are : the lack of coordination among stakeholders, poor guidance and supervision of the health office, the lack of infrastructure, lack of human resources as well as sanctions that are not firm enough. Solutions that could be done is issuing a regulation from district government or from Minister of Health concerning the prevention and eradication of STI, the revitalization of program in cooperation with the City Health Office of Semarang, NGOs, Social Affairs Office Semarang and professional organizations, improve infrastructure, develop human resources in the examination and treatment of STIs, sanctions firm for the noncompliances, and to improve the understanding and public participation in the prevention of STIs.

Keywords: Government Policy, Sexually Transmitted Infections, Public Health Introduction

Public health is a very important thing in the context of the development of the Indonesian people as a whole. In accordance with the Preamble of the Basic Constitution of Indonesian Republic in 1945 states that the development of the Indonesian people as a whole is a manifestation of the implementation of the national ideals of Indonesia. The state has an obligation to promote the common good. The general welfare in question covers all aspects of life, one of them is public health.

In Article 152 paragraph (2) of Act Number 36 in 2009 about Health explains that prevention, control and eradication of infectious diseases is done to protect the people from contracting diseases, reduce the number of sick, disabled and/or die, and reduce the impact social and economic consequences of infectious diseases.

Sexually transmitted infections (STIs) are a major current national issue. This is evidenced by the increasing number of sexually transmitted infections. With social, demographic, and increasing population migration, high-risk populations contracting STIs will increase rapidly. The greatest burden will be borne by developing countries, but developed countries can also experience the burden of rising STIs by untreatable virus, risky sexual behavior and tourism development.

World Health Organization (WHO) estimates that 350 million new cases of STIs in developing countries annually include Africa, Asia, Southeast Asia, Latin America. STIs are the top 10 ranking reasons for treatment in many developing countries, and the costs incurred can affect household incomes. Services for STI complications result in a considerable cost burden, for example for screening and treatment of cervical cancer, handling liver tissue diseases, infertility examination, perinatal morbidity services, infant blindness, lung disease in children, and chronic pelvic pain in women. Social costs include conflicts with sexual partners and may result in domestic violence.¹

Sexually transmitted infection is one type of infectious diseases that must be overcome which has been regulated in the Decree of the Minister of Health (Kepmenkes) Number 1285 in 2002 about the prevention of HIV-AIDS and sexually transmitted diseases. In Chapter V.4.f (attachment) which reads STI prevention and treatment programs with activities including periodic STI checks on Sex Workers at the location /

1 Directorate General of Disease Control and Environmental Health, National Guidelines for Handling Sexually Transmitted Infections 2011, Jakarta: Ministry of Health, Page 1.