JRSSEM 2022, Vol. 01, No. 8, 1072 – 1085
E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494
DOI : 10.36418/jrssem.v1i8.126 https://jrssem.publikasiindonesia.id/index.php/jrssem/index
ARRANGEMENT OF AGRICULTURAL LAND
PRODUCTION SHARING AGREEMENTS IN THE
DEVELOPMENT OF ENVIRONMENTALLY FRIENDLY
AGROTOURISM
Ni Putu Dewi Susilawati1
Putu Ayu Sriasih Wesna2*
I Nyoman Alit Puspadma3
1,2,3Magister Kenotariatan, Pascasarjana Universitas Warmadewa
e-mail: dwsila@yahoo.com1, ayuwesna@gmail.com2, alit.pus7@gmail.com3
*Correspondence: ayuwesna@gmail.com
Submitted: 23 February 2022, Revised: 04 March 2022, Accepted: 15 March 2022
Abstract. One model of tourism development that is in line with alternative tourism is community-
based tourism as a pattern that is believed to provide economic benefits and equity, environmental
preservation, local culture preservation, social empowerment, community empowerment.
Community-based tourism is a tourism development with a high level of local community
involvement and can be accounted for from the socio-cultural and environmental aspects. So far,
there are no clear rules that explicitly regulate the arrangement of profit sharing, especially in the
field of agro-tourism. According to Article 1320 of the KUHPerdata, an agreement is valid if it meets
the following four conditions: Agree of those who bind themselves, The ability to make an
engagement, a certain thing, a lawful cause—referring to the Legal Principles of Agreement as
contained in the KUHPerdata (KUHPerdata), namely Personality Principles (Article 1315 jo 1340
KUHPerdata), Consensualotas Principles (Article 1320 KUHPerdata), Freedom of Contract Principles
(Article 1338 paragraph (1) KUHPerdata). In the current reformation era, the legal development
strategy is directed towards responsive law characterized by the large role of judicial institutions
and the broad participation of social groups or the participation of individuals in society to
determine the direction of legal development, resulting in the formation of clear legislation.
Furthermore, provide legal certainty in making agreements for agricultural land products related
to agro-tourism with environmental insight.
Keywords: production sharing agreement; agricultural land; agro-tourism.
Ni Putu Dewi Susilawati, Putu Ayu Sriasih Wesna, I Nyoman Alit Puspadma | 1073
DOI : 10.36418/jrssem.v1i8.126 https://jrssem.publikasiindonesia.id/index.php/jrssem/index
INTRODUCTION
Indonesia is an agricultural country
because most of the population lives from
farming. Before the Basic Agrarian Law
(UUPA) came into effect in Indonesia, there
were still two kinds of land law: customary
law and western law. This dualism in land
law often creates various difficulties
besides being not by the ideals of national
unity. As the ruler of the people, the
government is obliged to protect the
weak economy from the pressure of the
strong economic group. So that the
elements of extortion can be avoided and
even eliminated, and a just and
prosperous society can be created (Dewi,
2015).
The scope of the earth, according to
the UUPA, is the surface of the earth, the
body of the earth under it, and what is
underwater. The earth's surface as part of
the earth is also called land. The land
referred to here does not regulate land in
all its aspects but only regulates one of its
aspects, namely, land in a juridical sense
called land tenure rights. According to
Article 33 paragraph 3 of the 1945
Constitution State That:
“The land and water and natural
resources contained therein shall be
controlled by the State and used for the
greatest prosperity of the people."
Before the limitation on agricultural land
ownership, there was an imbalance in
agricultural land ownership; that is, there
were those who owned land very much.
Some have only a little land, and some
even have no land, even though the land
is necessary for survival. The function of
land is very important for the life and
livelihood of the agrarian Indonesian
people, where there are many transactions
related to land. At this time, many kinds of
agreements were made in the community,
one of which was the Production Sharing
Agreement (Berlianty, Hetharie, & Saija,
2022).
According To Jenny's Opinion, quoted
by A.M.P.A Scheltema, the following states:
"Production sharing in agriculture is a form
of land use, in Where is the distribution of
results against the two elements of
production, namely working capital,
implemented according to a certain ratio of
the gross yield of the land and also in
natural form with the development of
farming."
A production sharing agreement, in
general, can be interpreted as an
agreement in which a landowner allows or
allows other people, in this case, the
cultivator, to cultivate his land by agreeing
that at harvest time, the results of the
plant will be divided according to the
agreement that has been made (Gisev,
Bell, & Chen, 2013).
The agreement thus binds the parties
legally to obtain rights or carry out the
obligations stipulated in the agreement.
The agreement provides certainty for
dispute resolution, and the agreement is
intended to clarify the legal relationship.
The agreement is made orally and can be
done in writing. Oral agreements are
usually carried out in indigenous peoples
for simple legal ties, for example, the
“kadasan cattle” agreement, the “nyakap
Tanah” agreement, etc. Meanwhile,
written agreements, usually carried out in
relatively modern societies, deal with
businesses whose legal relationships are
1074 | Arrangement of Agricultural Land Production Sharing Agreements in the
Development of Environmentally Friendly Agrotourism
complex. A written agreement for a
business relationship is commonly known
as a contract.
However, not all written agreements
must be given a contract title, but it
depends on the parties' agreement, the
nature, the material of the agreement, and
the custom in using the term for the
agreement (Artadi & Putra, 2017).
The agreements regulated/known in
the KUHPerdata are as follows: Sale and
Purchase Agreement, exchange, lease,
work, civil partnership, association, grant,
safekeeping of goods, borrow-to-use,
fixed and perpetual interest, profit and
profit, gift power, debt, and peace. In legal
theory, the above agreements are called
nominate agreements. However, some
agreements have not been regulated. Such
a covenant is called an anonymous
agreement (innominate). Anonymous
agreements have not been specifically
regulated in the law because they are not
regulated in the KUHPerdata and the
Commercial Code (KUHD). The birth of
this practice agreement is based on the
principle of freedom of contract. To enter
into an autonomy agreement or party, one
of the anonymous agreements is a
"production sharing agreement” (Polanin
& Terzian, 2019).
According to researchers, the profit-
sharing agreement is not regulated
explicitly in the KUHPerdata or the
Commercial Code (KUHD). Meanwhile,
the production sharing agreement has
existed since independence, especially in
rural areas. However, it does not rule out
that agreements on production sharing
will often be promised to be found in big
cities, considering that Indonesia is not
immune from global developments in the
world. Moreover, based on these
problems, the agreement in the field, as
a prospective notary public, is certainly
needed to examine more deeply the
"Agricultural Land Production Sharing
Agreement in the Development of
Environmentally Friendly Agro-tourism."
So that in making a legal construction for
the parties who enter into a notarized
production sharing agreement, it does
not conflict with the applicable
regulations in Indonesia. Which in this
case relates to the authority of the Notary,
as stated in Article 15 paragraph 1 of Law
Number 2 of 2014 (UUJN.
METHODS
This research was a normative
juridical study, known as doctrinal
research, that analyzes law teaching
based on the premise that law is the norm
that governs people's lives.
This research was a deductive study
that analyzes the abuse of circumstances
towards the standardized contract
agreement. The legal materials obtained
in this study were analyzed qualitatively
with descriptive-analytical models. So the
results can be described
comprehensively and systematically.
Sources Legal materials used in
normative legal research included
primary legal materials, including laws
and regulations relating to production
sharing agreements, secondary legal
materials included: scientific articles,
journals, books related to production
sharing agreements, and Tertiary legal
materials include: Indonesian Dictionary,
Ni Putu Dewi Susilawati, Putu Ayu Sriasih Wesna, I Nyoman Alit Puspadma | 1075
Legal Dictionary, Foreign Language
Dictionary, and Encyclopedia. The
technique of studying and collecting the
three legal materials used documentary
studies. The documents, laws, and
regulations relating to the production
sharing agreement were in this case. In
normative research, the data analysis
used is descriptive. According to Pasek
Diantha, “descriptive research is a
description which means the
description/description of what is to a
condition or position of legal or non-legal
propositions."
The approach to the problem used in
this study included: The statutory
approach (Statute Approach) is an
approach that is carried out by examining
all laws and regulations related to the
problem (legal issues) being discussed.
The conceptual approach departs from
the views and doctrines that develop in
legal science. This is important because
of understanding the views/doctrines
that develop in legal science when
solving the legal problem under study.
Analytical Approach (Analytical
Approach) main objective of analyzing
legal materials is to conduct a conceptual
examination of the meaning contained in
the terms used in-laws and regulations
and how it is applied in legal practice and
decisions (Schulte, 2017).
RESULTS AND DISCUSSION
Arrangement of Agricultural Land
Production Sharing Agreements in the
Development of Environmentally
Friendly Agrotourism.
The development of eco-friendly
agro-tourism is one of the business
ventures in the agricultural sector by
emphasizing the sale of services to
tourists through agricultural tourism
objects with environmentally friendly
management. Tourism comes from the
Sanskrit language. Pari means many,
many times, circling or complete.
Meanwhile, the word tourism means to
travel and to travel. So, according to
syllables, tourism can be interpreted as a
trip that is carried out many times or in
circles from one place to another.
Tourism is the process of temporary
travel from a person or more to another
place outside of their place of residence
(Schulte, 2017).
Meanwhile, according to law number
10 to 2009 concerning tourism states
that: “a tourist object is anything that has
uniqueness, beauty, and value in the form
of a diversity of natural, cultural, and
artificial wealth which is the target or
purpose of tourist visits”.
Furthermore, in law number 32 of
2009 concerning Environmental
Protection and Management, what is
meant by environmental carrying
capacity is:
“The ability of the environment to
support human life and other living
creatures and the balance of both. Natural
resources conversion is the management
of natural resources for use. Wisely and
the continuity of its availability while
maintaining and increasing the quality of
its values and diversity.”
In terms of conversion, of course, it is
not easy, it is constrained if the
landowner cannot develop his
agricultural land, but the farmers have to
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Development of Environmentally Friendly Agrotourism
find investors or simply speak their
language. As stated in the provincial
regulation Number 2 of 2012 concerning
Bali Cultural Tourism, it is stated that:
"Bali Cultural Tourism, is tourism based
on Balinese culture which is imbued with
Hindu religious teachings and Tri Hita
Karana philosophy as the main potential
by using tourism as a vehicle,
actualization, to create a dynamic
reciprocal relationship between tourism
and tourism, a culture that makes them
develop synergistically, harmoniously and
sustainably to realize people’s welfare,
cultural and environmental preservation.”
In Article 1, letter b, "owner, is a
person or legal entity Based on something,
the right to control the land. "
Article 1 letter e, "a farmer is a person
who either owns or has land whose main
livelihood is cultivating land for
agriculture. "
Examp Land products are referred to
in article 1 letter d of Law Number of
1960 concerning production
sharing agreements, namely the results
of agricultural businesses carried out by
the cultivators referred to in number 1,
after deducting the costs for planting
and harvesting. The share of land yields,
namely the share of lad products which
are the rights of the cultivator and owner
for each Level II Self-reliant Region, is
determined by the Regent / Head of the
Level II Region concerned, with due
observance of the type of plant, land
condition, population density, zakat set
aside before distribution and economic
factors and local customary provisions.
The amount of the share of the
produce of the land is 1 (one) part for
the cultivator and 1 (one) part for the
owner for the rice plants planted in the
fields. 2/3 (two-thirds) of the portion for
the cultivator and 1/3 (one-third) of the
share for the owner for secondary crops
in paddy fields and those planted on dry
land. The shared results are the net
results, namely the gross yield after
deducting the costs that must be shared,
such as seeds, fertilizers, livestock labor,
planting costs, harvest costs, and zakat.
The yield above the average is 80%
(eighty percent) for the cultivator and
20% (twenty percent) for the owner. This
is related to soil fertility which is
considered to have special value,
according to the management of the
cultivator where the yield exceeds the
average. In implementing Law Number 2
of 1960, subdistrict heads and the village
head are assisted by the Production
Sharing Agreement Advisory Committee.
Article 1319 of the KUHPerdata states
that all agreements, whether they have a
special name or those not known with a
specific name, are subject to general
regulations, which are contained in this
and other chapters. The form of profit-
sharing agreement, in general, is that in
the KUHPerdata, especially in Book III, an
agreement can be said to be an
agreement in written or oral form, except
in customary communities in general,
only in the form of formality or by
agreement between two parties (Qi &
Zhang, 2018).
According to R. Subekti, namely: "In
contract law, a principle of consensuality
applies. This saying comes from the Latin
consensus, which means agree. The
principle of consensuality is meaningless
Ni Putu Dewi Susilawati, Putu Ayu Sriasih Wesna, I Nyoman Alit Puspadma | 1077
for an agreement is required, or it is also
called an agreement between two parties
regarding something" (Nahrowi &
Masyrofah, 2021).
By agreeing, it means that the parties
who agree must agree on the main
points of the agreement being made.
What one party wants, the other also
wants. The ways of expressing this will
vary. It can be done expressly or secretly,
in writing (through authentic deed or
underhand, or with a sign. Furthermore,
according to Article 1321 of the
KUHPerdata, the consensus must be
given because there is no coercion, fraud,
or error. There is an element of coercion
or fraud. The agreement is canceled,
while the mistake does not result in the
cancellation of the agreement unless the
mistake is about the nature of the goods
which are the subject of the agreement.
The second element is the ability to make
an engagement unless he is declared
inadequate, for that matter. According to
Article 1330 of the KUHPerdata, there
are three groups of people who are
unable to agree, namely:
1. An immature child
2. People who are under interdiction,
and
3. A married woman.
After the issuance of the Supreme
Court Edara Number 3 / 1963 and
after the enactment of the Marriage Law
Number 1/1974, only two groups were
incapable of engaging, namely minors
and people under interdiction (curette).
A certain thing means that the object
of the agreement must be certain; at
least, it must be determined. In the case
of agricultural land production sharing,
the land that will be the object of the
agreement must be clear, whether the
ownership, area, things on the land, or
anything else related to the agreement.
The fourth element is "a lawful cause."
The definition of "lawful cause" is not
what causes the agreement but the
content of the agreement itself. The
agreement must not conflict with the law,
decency, or public order (Article 1337)
(Djaja S. Meliala, 2014).
A production sharing agreement
through an approach with contractual
principles, if the agreement exists,
namely the "principle of freedom of
contract," is the widest possible freedom
by law given to the public to agree on
anything, as long as it does not conflict
with statutory regulations invitation.
Article 1338 of the KUHPerdata states
that all agreements made legally are valid
as laws for those who make them.
The word "all" implies agreements,
both those whose names are known or
those not recognized by the law. The
principle of freedom of contract relates
to the agreement's contents,
namely determining "what" and with
"whom" the agreement was made. This
statement is also closely related to the
Pacta sunservanda principle.
This principle emphasizes that the
obligation to respect and implement the
provisions of this contract is absolute
because the agreement is essentially
binding on them and applies just like the
law. An agreement cannot be withdrawn
other than by the agreement of both
parties or for reasons on dry land. The
shared results are the net results, namely
the gross yield after deducting the costs
1078 | Arrangement of Agricultural Land Production Sharing Agreements in the
Development of Environmentally Friendly Agrotourism
that must be shared, such as seeds,
fertilizers, livestock labor, planting costs,
harvest costs, and zakat. The yield above
the average is 80% (eighty percent) for
the cultivator and 20% (twenty percent)
for the owner. This is related to soil
fertility which is considered to have
special value, according to the
management of the cultivator where the
yield exceeds the average. In
implementing Law Number 2 of 1960,
the subdistrict head and the village head
are assisted by the Production Sharing
Agreement Advisory Committee.
According to R. Subekti, namely: "In
contract law, a principle of consensuality
applies. This saying comes from the Latin
consensus, which means agree. The
principle of consensuality is meaningless
for an agreement is required, or it is also
called an agreement between two parties
regarding something (Godoy et al.,
2020)".
The above consensuality is
concluded based on Article 1320
KUHperdata. By agreeing, it means that
the parties who agree must agree on the
main points of the agreement being
made. What one party wants, the other
also wants. The ways of expressing this
will vary. It can be done expressly or
secretly, in writing (through authentic
deed or underhand, or with a sign.
Furthermore, according to Article 1321 of
the 13, the consensus must be given
because there is no coercion, fraud, or
error. There is an element of coercion or
fraud; the agreement is canceled, while
the mistake does not result in the
cancellation of the agreement unless the
mistake is about the nature of the goods
which are the subject of the agreement.
The second element is the ability to make
an engagement unless he is declared
inadequate for that matter according to
Article 1330 of the KUHPerdata, there
are three groups of people who are
unable to agree, namely:
1. An immature child
2. People who are under interdiction,
and
3. A married woman.
After the issuance of the Supreme
Court Edara Number 3 / 1963 and
after the enactment of the Marriage Law
Number 1/1974, only two groups were
incapable of engaging, namely minors
and people under interdiction (curette).
A certain thing means that the object
of the agreement must be certain; at
least, it must be determined. In the case
of agricultural land production sharing,
the land that will be the object of the
agreement must be clear, whether the
ownership, area, things on the land, or
anything else related to the agreement.
The fourth element is "a lawful cause."
The definition of "lawful cause" is not
what causes the agreement but the
content of the agreement itself. The
agreement must not conflict with the law,
decency, or public order (Article 1337)
(Grau, Kuemmerle, & Macchi, 2013).
A production sharing agreement
through an approach with contractual
principles, if the agreement exists,
namely the "principle of freedom of
contract," is the widest possible freedom
by law given to the public to agree on
anything, as long as it does not conflict
with statutory regulations. Invitation, as
stated in Article 1338 of the KUHPerdata,
Ni Putu Dewi Susilawati, Putu Ayu Sriasih Wesna, I Nyoman Alit Puspadma | 1079
states that all agreements made legally
are valid as laws for those who make
them.
The word "all" implies covering all
agreements, both those whose names
are known or those not recognized by
the law. The principle of freedom of
contract relates to the
agreement's contents, namely
determining "what" and with "whom" the
agreement was made. This statement is
also closely related to the Pacta
sunservanda principle. This principle
emphasizes that the obligation to
respect and implement the provisions of
this contract is absolute because the
agreement is essentially binding on them
and applies just like the law. An
agreement cannot be withdrawn other
than by the agreement of both parties or
for reasons stated by law enough for
that. This sentence is closely related to
the consensuality principle, previously
described in paragraph 3 of Article 1338,
that an agreement must be carried out in
good faith. This principle must be
presumed to exist during negotiations,
contract execution, and dispute
resolution. This principle is important
because only this principle is the trust
needed in an agreement (Meliala, 2014).
The agreement is a condition for the
production sharing agreement in
determining the rights and obligations
and the proportion of the results to be
shared. According to the research results,
the implementation of the profit-sharing
agreement is still based on customary
law / local customs orally based on
agreement and trust to help each
other/help to help and cooperation. In
addition, according to the research
results, the implementation of this profit-
sharing agreement is only done verbally.
It does not require the testimony of other
people or local Village officials or State
Officials such as Notaries. So, in this case,
it is not following the provisions in the
Act on Production Sharing Agreement,
namely in Article 3, which requires the
agreement to be made in writing in the
presence of an authorized official.
Legal Reform of Agricultural Land
Production Sharing Agreements in the
Development of Environmentally
Friendly Agrotourism.
Every independent and sovereign
state must have a national law both in the
criminal and civil sector, which reflects its
people's soul and outlook of life.
According to H. Abdurrahman, legal
development is a comprehensive and
integrated effort to deal with the law in
Indonesia in all aspects. One aspect of
fostering national law is building a legal
conception developed (Morgera, 2016).
The law that must be developed aims
to end a social order that is unjust and
oppresses human rights. Indonesian
legal politics must be oriented towards
the ideals of the rule of law based on
democracy and social justice principles in
a united Indonesian society as set out in
the Preamble to the 1945 Constitution
(Habermas, 2018).
To achieve prosperity for a just and
equitable society is certainly not easy. It
takes active participation from the
community and the quality of the
community environment that supports
the implementation of eco-friendly
1080 | Arrangement of Agricultural Land Production Sharing Agreements in the
Development of Environmentally Friendly Agrotourism
agrotourism. One of them is in shape
cooperation from the community itself
both with the government and investors
who will organize agro-tourism areas in
certain areas. So that in this case, a
National law reform aims to create a
government system that is better, more
transparent, and responsive to the role of
the public in decisions or policymaking.
As outlined in Law Number 25 of 2000
concerning the National Development
Program (Propenas), the national
development agenda has formulated a
vision for the future of the Indonesian
nation and twelve missions that are
development targets. Missions
concerning the law are contained in the
fifth mission The realization of a national
legal system that guarantees the
upholding of the rule of law and human
rights-based on justice and truth. This
mission is related to the tenth mission,
which reads, "The realization of a state
apparatus that serves the public, is
professional, efficient, productive,
transparent, and free from corruption,
collusion, and nepotism".
Government legal bureaus are an
important part of the public service
bureaucracy system in which almost all
government departments or agencies
have them. The law firm must be able to
make a positive contribution in terms of
regulatory drafting, law enforcement,
transparency in public policy processes,
and legal planning according to the
institution's needs. Therefore, efforts to
increase the role of law firms are very
urgent and in line with the national
reform agenda in the development of the
legal sector. According to Article 2 of Law
number 2 of 2009, the protection and
management of the environment are
carried out based on the principle of
"good governance”.
To ensure the implementation of
development sustainable, local
governments facilitate the creation of
good environmental governance, which
is characterized by the following seven
golden rules:
1) Local governments must proactively
translate and implement
environmental laws and regulations,
whether issued by the central or
provincial governments, through the
making and implementation of
regional regulations.
2) In carrying out development to
achieve P.A.D. Targets, local
governments must be aware of the
limited and sustainable carrying
capacity of ecosystems;
3) The government must ensure
community empowerment both in
regional regulations and in making
decisions related to environmental
and natural resource management to
ensure sustainable development. For
this purpose, the government must
ensure public participation and
access to information;
4) Community empowerment can be
carried out through transparency in
making decisions about
environmental management;
5) The regional government must
guarantee the rights of indigenous
and local communities in their
actions to manage natural resources;
6) The local government must
guarantee and coordinate the
Ni Putu Dewi Susilawati, Putu Ayu Sriasih Wesna, I Nyoman Alit Puspadma | 1081
harmonization of interests between
one sector and another;
7) The local government must
proactively enforce the law and local
regulations relating to environmental
management.
It has been argued that the statutory
regulations are neither clear nor
complete. Therefore, the law must be
found by explaining, interpreting, or
completing the statutory regulations. If
the legal regulations have been found,
then the legal regulations are then
applied to the legal events. Suppose
there are various possible qualifications
or juridical translations of the concrete
event, then apply the legal regulations. In
that case, there are also various
possible constructions to consider which
one to choose. When formulating
regulations, the formation of laws has
considered various interests and finally
made choices. In the provisions of law, it
has been determined which interests
have value in the eyes of the legislators.
The discovery of the law must weigh all
the factors that influence the final verdict.
He must be aware that the verdict in a
positive sense can set a precedent for
many relationships in the future. The
function of law is to protect human
interests. In a legal discovery that is
problem-oriented, the interests of justice
(seekers of justice are preferred).
Legal formation (rechtsvorming) in
the legal system is determined by the
legal concept adopted by the community
and by the quality of its formation.
Because people will always change
according to conditions, and their
constituents' quality also changes with
changes in political power. The policy for
future law formation is directed at: First,
the formation of law is directed at
creating legal certainty to achieve order,
order, peace, justice, and benefit in the
life of the community, nation, and state.
Second, the formation of law,
whether in statutory regulations or other
formal aspects, must be based on moral
values, religion, decency, decency,
customs, and other social norms as
values that develop in society (the living
law). Third, the affirmation of the living
law in society and local wisdom that
comes from customs or values that live
and develop in society as a source of law.
The National Law Development
Program is carried out in the following
steps:
1. Legal planning aims to create a
common perception and all
development actors, especially in the
field of law, in dealing with various
strategic and global issues that need
to be quickly anticipated so that law
enforcement and certainty can
continue in a sustainable manner
2. formation of law which functions to
create various sets of laws and
regulations and jurisprudence which
will become the legal basis for
behaving in an orderly manner in the
context of carrying out the life of the
community, nation, and state
3. , improving the performance of
judicial institutions and other law
enforcement agencies, namely aimed
at strengthening judicial institutions
and law enforcement agencies
through integrated criminal justice
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Development of Environmentally Friendly Agrotourism
systems
4. improving the quality of the legal
profession, which aims to improve
the professionalism of law
enforcement officers
5. , increasing awareness of the law and
human rights, which aims to develop
and increase the level of legal
awareness of human rights of the
community, including state
administrators, so that they are not
only aware of and aware of their
rights and obligations but are also
able to behave following the rules of
law and respect human rights.
The direction of national law policy is
to improve the substance (material) of
law, structure (institutional), law, and
culture (culture) of law, with the following
efforts:
1. Rearranging the substance of the law
through review and restructuring of
statutory regulations to create
orderly legislation by observing
general principles and legal
hierarchy, and respecting and
strengthening local wisdom and
customary law to enrich the legal and
regulatory system through
empowering jurisprudence as part
and efforts to reform the material of
national law.
2. Reforming the legal structure
through institutional strengthening
by increasing the professionalism of
judges and judicial staff and the
quality of an open and transparent
judicial system; simplifying the justice
system, increasing transparency so
that the public can access the
judiciary, and ensuring that the law is
applied fairly and in favor of the truth;
strengthening local wisdom and
customary law to enrich the legal and
statutory system through
empowering jurisprudence as part of
efforts to reform national legal
materials.
3. Improving the legal culture, among
others, through education and
dissemination of various laws and
regulations and exemplary behavior
by the head of state and his staff in
obeying and obeying the law and
upholding the rule of law.
The political objectives of the
national law are the creation of a national
legal system that is just, consistent, and
non-discriminatory (including non-
discrimination against women or gender
bias); guaranteeing the consistency of all
laws and regulations at the central and
regional levels, and not contradicting
with higher laws and regulations; judicial
and law enforcement institutions that are
authoritative, clean, and professional to
restore legal confidence in society as a
whole.
In legal reform, it should be carried
out by considering the laws that develop
In society. Namely, the law in society,
according to Philippe Nonet and Philip
Selznick, there are 3 (three) legal
conditions:
Repressive law, namely law, which is a
tool of repressive power, Autonomous
Law, namely as an institution capable of
taming repression, protecting its
integrity, and Responsive Law, namely
law, which is a means of responding to
Ni Putu Dewi Susilawati, Putu Ayu Sriasih Wesna, I Nyoman Alit Puspadma | 1083
the needs and aspirations of society.
(Ishaq; 2014)
The most prominent factor of this
type of responsive law is the shifting of
emphasis from rules to legal principles
and objectives, prioritizing the existence
of the people, both as a legal goal and a
way to achieve it. Responsive law tries to
overcome the narrowness in societal
morality and encourages an integrated
problem-oriented approach (Setiaji,
2017).
CONCLUSIONS
From the explanation above, it can
be concluded that
1. To formulate and construct an
agreement, in this case, a production
sharing agreement, based on the
provisions of the statutory
regulations, namely Law No.2 of
1960 concerning the Agricultural
Land Production Sharing Agreement,
which also refers to the provisions of
the KUHPerdata, concerning
Agreements so that it does not
contradict the law, morals and public
order.
2. In legal reform, it should be carried
out by considering the laws that
develop in society. Namely, the law
in society, Repressive law, and
Responsive Law, namely law which is
a means of responding to the needs
and aspirations of society.
In this case, the government can
guarantee and protect the community,
By establishing statutory regulations
governing agricultural land yield sharing
agreements related to eco-friendly agro-
tourism. So that the creation of a united
Indonesian society as stated in the
Preamble of the 1945 Constitution of the
Republic of Indonesia.
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