Legal Pluralism as a Conflict Resolution Alternative of Law State and Local Wisdom in Water Resources Management Based on Social Justice (Case Study: in the Community of Water User Farmers the Regency of Lumajang East Java Province)

Abstract

The Era of New Order arrangements of the institutional based on the laws of the state (state base) occurs legal centralism that all state law should be uniform as mandated by Law No. 11 of 1974 the Government established a receptacle of the institutional management of the single water using farmers in the form of water user associations (P3A) Ulu-ulu as part of the technical set up irrigation systems. This means that the existing local institutional hereditary is not recognized. Management of water resources based on the state (state-based resources control and management) make people's position is not aligned with the government as an authority provider of state.

The problem is the use of authority in the country that carries certain consequences, including in matters of state law enforcement for the people. Consequently it is when the state has a positivistic perspective and places the position of the state law superior to local laws that exist as inferior law.

Implementable level in the reform era that uses Law No.7 of 2004 institutional of the Association of Water User Farmer (HIPPA) in East Java, which is set in the East Java Provincial Regulation No. 3 of 2009 on Irrigation in East Java is expressed as a container of water user farmers democratically formed as decision makers and main perpetators in the management of irrigation water which is his responsible, here does not explicitly admit the existence of the ulu-ulu. This is to deny the existence of legal pluralism as defined in Article 18 B paragraph (2) the 1945 Constitution of the Republic of Indonesia. Legal pluralism of water resources legal management which is social justice needed to accommodate the differences of local wisdom through the ulu-ulu so HIPPA is able to work well.

Keywords: Legal Pluralism of Water Resources Management, Conflict Resolution Alternative, The Community of Water User Farmers, Principles of Social Justice.