Journal Publishing Volume VII (Full Text)


Elementary School English Instruction
(A Current Sample from an Indonesian Education Context)

Noldy Pelenkahu
FBS, UNIMA, Manado Indonesia
noldypelenkahu@ymail.com

Abstract

This study aims to describe how English instruction is implemented in elementary schools in Indonesia. The participants of the study are principals, two teachers and two students of elementary schools in DKI Jakarta. Descriptive method was used to describe the survey values through questionare based on object or factual data in the field. The findings of the study showed that the principals of each school never determine the instruction methods used by teachers listen to teachers’ ideas or discuss new information about English instruction or address teachers’ weaknesses and strengths in instructing English. All teachers agree that all language skills must be present in textbooks and teach them by using communicative methods. The teachers also agree that the instructional materials must be constructed systematically and authentically from simple to complex units which are familiar to students.

Keywords: Elementary school, English instructional

Rationale
English, beside as a source of terms formed in many states, including Indonesia, is also a language studied around the world. The use of English as an international language does not only enrich the Indonesian vocabulary, which might not yet have words and terms for certain concepts, but it is also for improving education quality needed in the language instruction.
With regard to the status of the English language in Indonesia, things that are beneficial for second language students are Inner circle English, outer circle English, and expanding circle English (James, 1988, 53). Over time English instruction in Indonesia has experienced various changes and become the first foreign language studied at Indonesian schools. Many institutions (e.g., The Ford Foundation, Regional English Office, Aminef, and The British Council) privately teach English in Indonesia.
The “Wajib Belajar 9 Tahun and 12 Tahun” policy is an effort of the Indonesian government to strengthen English instruction starting in elementary school and spanning until higher education. Still, the time dedicateed to English instruction is still comparatively short, about two lessons of 40 minutes each week. Other limitations lessening the quality of English instruction are subpar learning facilities and the insufficient preparation of teachers. In order to improve the standard of the lessons provided and thereby students’ ability to understand English, several aspects need to be considered. Concretely, more time must be allocated to English instruction, teachers and students have to be in the same instructional class, the instructional methods used by teachers require improvement, students’ active learning needs to be fostered in order to allow teachers to develop students’ skills suitable for a modern curriculum, and teachers must give tasks to students that are appropriate with regard to the instructional materials.

Literature Review
1. Language Acquisition and Instructioe
Acquisition and instruction are not congruent. Krashen and Terrels (1983, 1-2) stated that acquisition is the process by which children develop their first language for communication whereas instruction describes the process of children to produce language knowledge. Acquisition is the language use process naturally done by children during the time when it learns its native language, but instruction is the process shown by people who learn a language in the classroom and are taught by a teacher (Dardjowidjono, 2005, 225).
There are two types of language acquisition which need to be differentiated: (1) language acquisition starting suddenly and currectly; and (2) language acquisition starting gradually motoric prestages, social, and cognitive paralinguistic (Galinkoff, 1983, 22). Language acquisition is based on the assumption of language mastery gradablely and is correlated with knowledge (Ellis, 1986, 36).
Therefore, it can be stated that language acquisition is a brain process, especially in children when they learn their first language, while language instruction is correlated with processes occurring during the time in which one studies a second language within a formal and planned environment. Language acquisition is not only correlated with the first language, but also with following languages. Language instruction is correlated with every language but the first language.

2. Foreign Language Instruction
Foreign language instruction in formal schools, including elementary schools, which is also referred to as acquisition of a foreign language or a second language, is the  experience that students make at school when they learn one or more foreign languages (Lenneberg, 1964, 2-5). How a second language is acquired in a formal setting depends on the language instruction. Second language instruction is always done when a child has already mastered its first language. Second language acquisition is not only possible at a formal school, but can take place anywhere. It can be said too that second language acquisition can be in various ways, in some ages only, and in other language level.
Internal and external factors can influence the instructional process and acquisition of a language. Social input and interactions are significant external factors which can influence the instructional process and acquisition of the language. Early year students are more successful at learning a second as are female students and then the child who come from near of the language culture will be more success to learn language than the culture of the language target culture (Ellis, 1986, 57).

3. Instructional Process
Foreign language instruction describes the act of teaching a foreign or second language in a way adjusted to students with a background in a specific first language (Fries, 1970, 1). The instruction process refers more to how the students learn and less to what they learn (Soedarminto, et. al., 1988, 180). Learning is correlated with an attitude change towards a certain situation which is caused by a student’s repeated experience in the situation. The attitude changing cannot be discribed and tends to the respond behavior, mastery, or one temporary condition (Purwanto, 1993, 84).
The act of teaching is a teacher’s responsibility. In order to instruct students, teachers must have certain competences, especially about the language taught. Teaching means guidance and facilitation of instructions potentially learnt by students (Brown, 1994, 135). Teaching is acts of principles to form framework of all approaches in learning language and to teach it and then to give feedback. From this perspective it can be inferred that a teacher is merely helping the students to learn. The act of helping of the teacher can be guidance and the preparation of learning facilities. Guidance can occur through describing the instructional objectives. Accordingly, teaching is basically the act of creating the conditions or the environment which supports the learning process.
Generally a teaching process can be positively evaluated if effective learning activities can be developed through the process. The characteristics of good instruction are: (1) Teachers must create an instructional plan carefully and effectively; (2) teachers need clear ideas about what is aspired and the objectives which shall be achieved; (3) teachers must enrich the learning process in order to motivate students to learn independently; (4) objectives and learning activities must suit the students’ wants and needs; (5) planning and learning activities must all be relevant for the subject curriculum objectives; (6) the planning and instructional evaluation activities must suit the institutional objectives (Hadley, 1999, 481).

4. The Student and Teacher Roles in English Instruction
The students’ role in the process of instruction is based on their understanding of all teaching and learning acts and contexts. The role of learning in instruction has changed. Audiolinguists think that the role learning plays is very limited because of student is only as stimulus mechanism which its learning is a direct result from repeated practice. Methodology is then developed in such a way that students are considered not only recipients of instructional materials from their teachers, but also directly involved in the planning process and responsible for what happens in the classroom. Furthermore, students are also seen as learning group members who interact with each other (Richards & Rogers, 1992, 23). Students tend to remain relatively passive, simply receiving information. This culture must be redirected toward a more productive mindset which encourages students to produce ideas, to investigate and to solve problems (Sutikno & Eko, 1999, 33). Within the learning context students are required to act in an active and creative manner. The students’ role is very important to determine the instruction process. In the context of language instruction, students are the main actors of the instruction process and can use the acquired language for communication.
The teachers’ task in language instruction is more easy towards students at school. Teachers can motivate students to ask questions and do not have to solve instructional problems by themselves (Brown, 1994, 115). The teachers’ role must fulfill students’ needs wholly. In this way students are enabled to develop to a high level of language instruction. The teachers must fill the multiple roles of organizer, motivator, influencer, transmitter, facilitator, mediator and evaluator. As organizers, teachers have to manage academic acts, the syllabus, the instructional schedule and all components related to the instructional process. As motivators, teachers supplement and support students’ potentials and creativity in the instructional process. As directors, teachers guide students’ acts in accordance with the envisioned objectives. As initiators, teacher is being the ideas achievement in instructional process. As transmitters, teachers disseminate educational wisdom and knowledge. As facilitators, teachers make the learning process easier for students. As mediators, teachers help students in their learning process and provide problem solving strategies. And finally, as evaluators, teachers evaluate the instructional process intrinsically and extrinsically (Sadiman, 1996, 141).

5. English Instructional Strategy
Instructional strategy encompasses all methodology applied in order to achieve the  instructional objectives (Slameto, 1995, 97). There are four approaches to instructional strategy in the context of teaching languages: (1) interactive technique; (2) compensatory technique; (3) inventory strategy; and (4) without preparation (Brown, 1994, 200). Moreover, there are two approaches used to support students’ success in the language instruction process, namely  (1) the positive strategy and (2) the negative strategy. The positive strategy assumes that students learn their successful learning strategy beforehand; whereas the negative strategy assumes that students can use direct and indirect findings of what cannot be taught through language instruction (James, 1988, 53). Instructional strategy can be classified into: (1) the form of the chosen approach which consists of exposition, discovery strategies as well as concepts and ways of students’ active learning; (2) student groups; (3) students’ speed; (4) students’ ability; (5) students’ expectations; and (6) objection domain (Anthohy, 1972, 4).
Based on the concepts presented above, it can be concluded that the instructional strategy is a teacher’s assumed role in the instructional process which can give easy of doing instruction in order to reach the aspired instructional objectives. This is why, the instructional strategy is a crucial factor that must be understood by English teachers, especially those who hope to pay attention to their competencee in the classroom in order to improve their students’ abilities.

Research Methodology
This study uses a descriptive methodology and focuses on the English instructional process in elementary schools. The participants of this study are the principals, two teachers and two students each of fifteen elementary schools in DKI Jakarta. The concrete data encompasses responses, perceptions and comments or feedback on questionnaires constructed based on instructional materials and instructional method. The research instrument is the English instructional plan which focuses on the instructional materials implemented and the instructional method used. The instructional materials are evaluated with regard to the aspects of rationality, subject and content, gradation, methodology, design and layout, and practice. The instructional process is evaluated with regard to classroom management, methodology, teaching preparation, instructional implementation, and the use of instructional media. The gathered data is analyzed using a grouping technique in such a way that each idea, perception and answer from principals, teachers and students are grouped toegether with their suitable instructional materials and questionnaire criteria.

Result and Discussion
1. Instructional Planning
The implementation of the instructional process requires a plan in order the make results that are suitable for the educational objectives achievable. All instructional acts must be designed to consider components related to the instructional process at school. These components are the current curriculum, the facilities or teaching media, the instructional materials, and of course the students.

a. Development of the Instructional Plant
The instructional plan is a description of main and basic competences. It becomes part of the current curriculum and represents the operationalisation of the curriculum. During the development of the instructional plan principals are involved and participate in all of its stages. There are still principals who determine it completely by themselves although it should be designed by teachers. Principals and teachers together can evaluate the weaknesses and the strengths of the instructional plan. There are still four principals involved teacher in designing instructional plan.
According to the survey results teacher participation is not always considered necessary. Five principals said that they needed their teachers’ participation for evaluating their ability to design an instructional plan. A common weakness is that teachers are obliged to passively receive instructional plans designed by their respective principals. There were two teachers who were expected to simply accept whatever their principals instructed them to do. At two schools teachers were allowed to make individual decisions for designing an instructional plan and its implementation in the instructional process. Finally, two principals allowed their teachers to make individual decision and implement all of their suggestions given.

b. Choice of Instructional Materials
For teaching certain topics teachers need to use other materials beside textbooks. The reasons for such choices are the requirement of different competences. Some teachers said that their students are different. They choose instructional materials flexibly in order to meet students’ needs and to develop their abilities, picking for example from magazines and newspapers in order to increase students’ interest. Other teachers argue that the time allotted to the instructional process is not sufficient and therefore they choose different instructional materials in order to create more variation for classroom practice.


c. The Use of Instructional Media
Instructional acts are a communication process ilvolving several components. Curricula are messages which must be transferred while teachers are communicators who have to transform messages for students as recipients of the messages. Additionally, various types of objects and communication activities function as classroom media.
In every instructional act media are instructional sources which function as facilitating means in communicating instructional materials. Media is used to support the achievement of instructional goals and it can motivate creativity or critical thinking and it can create interesting learning conditions. The use of media in the instructional process must of course be suitable for the instructional objectives and the method used and not all media is suitable for transferring the instructional materials.

2. Implementation of the Instructional Process
A successful implementation of the instructional process depends on teacher factors, students, instructional materials and the instructional method used. An instructional method can be applied in some techniques. Instructional methods applied and curricula differ across teachers. A teacher’s skills to apply chosen methods and transfer a curriculum determine the instructional result in the classroom.

a. Choice of Instructional Method and Classroom Management
High quality of methods and curriculum do not assure positive instructional results. There are other factors that also play an important role in determining the latter. In order to ensure a high-quality instructional process, teachers must be able to perfectly apply methods and curriculum in the classroom. Principals sometimes play choose the methods of instruction. There are two principals determined the instructional method and there are six of them were ever to deterimine the instructional methods choosed by the teachers. Six out of fifteen principals gave complete freedom to choose their instructional methods to their teachers.
Managing a classroom is not easy as teachers express various attitudes and have different competences. When facing students with the same competences, teachers can of course easily choose their instructional method, but if students have various competences, the choice of instructional method becomes much more complicated. The same is true when teachers face students with homogeneous attitudes.
In order to improve their teachers’ ability to organize the classroom, principals can give suggestions which teachers can then apply. All principals participating in the current survey agree with this approach. Accordingly, principals must always control the instructional process because they are aware of its weaknesses. Again, all principals in the current survey agreed with this idea.

b. Textbook Usage
Apart from teacher and students, textbooks are a very important factor in the teaching and learning process and it is necessary that teachers choose the textbooks that become teaching materials wisely. At five schools in the current sample, principals give their teachers the freedom to choose the textbooks used in class. The Textbooks found at the schools in the sample vary greatly, with some schools exclusively using one textbook while others use two, three or more. Teachers who chose to use multiple textbooks gave various reasons for their decision, such as adding more variation to the teaching process, varying quality standards across textbooks, increasing the range of input, and different abilities across students. Examples of textbooks used at schools in the sample are “Let’s Learn English” by Zaidir Zain and Tony Rogers, published by Dian Rakyat/Widya Utama (2003), Let’s Study English written by Ambari Sutardi, published by Rosda (2004), E-Kids English for Young Learner (1995), Go with English written by Rita Kurniawan, published by Yudhistira (2002), Basic English for Beginners written by A. Yani, published by Inti Media Ciptanusantara (2004), Text Book written by Florentina Ernawati, Sumarlinah, and Widjajanarti, published by Grasindo (2003), Grow with English written by Mukarto, published by Erlangga (2004), Get Ready for Beginners written by Tim Bina Karya Guru, published by Erlangga (2005).
Generally, each textbook contains learning objectives. A few comments made by teachers directly referred to these objectives. They were perceived as facilitating for teaching the materials, as containing all language elements, and as adding to the readers’ knowledge. According to some teachers, some textbooks do not explicitly describe objectives and therefore teachers must create them based on their students’ experiences and other subject matters. These statements were well-received by all English teachers because textbooks must be comprehensible to students in order to enable them to practice their knowledge in everyday life and in order for teachers to offer better lessons at a higher language level.
Ideally, each textbook used suits the respective curriculum applied, but there are a few unsuitable textbooks in use. According to some teachers the textbooks had suitable with competency based curriculum and some said that they have to give first opportunity to construct instructional planning, and they try to write textbooks suitable with competency based curriculum. According to some students, several aspects are required in a good English textbook, including legibility, color pictures, graphs, word lists, and with the supportive use of tape recorders or video. Additionally, some students indicated that they use other forms of learning materials, such as newspapers, magazines, brochures, other textbooks and the internet.

3. Instructional Materials
Instructional materials are a part of the instructional system that cannot be separated from other components, such as instructional objectives, methods, class organization and evaluation. These components are correlated and organizely. This is why they need to be in harmony in order to allow for the development of a system of instruction. The determination of lesson contents and teaching materials has to be dovetailed with already achieved objectives in the teaching and learning process. In this context teachers expressed two different perceptions, namely: (1) All teaching materials have to be authentic; and (2) the actual and factual principles have to be considered. The reasons are for making clearly to students.
Another aspect that requires serious consideration – and with which all teachers in the sample agree – is cohesion between teaching materials and their context. In addition, teachers need to consider their students’ needs when choosing teaching materials. This means that when constructing teaching materials, students’ level of knowledge and the stage of teaching materials teaching in the class muss be considered. Most teachers stated that the stage of teaching materials started from listening, speaking, reading, vocabulary and grammar. The intention is to first get students used to listen and motivated to others. Another order could be from speaking, to reading, listening, vocabulary and grammar. Lastly, an order starting with grammar, then continuing with speaking, reading, listening and vocabulary is possible. There are arguments for each order of instruction.
The topics presented in textbooks have to be suitable for various current curricula, motivating and helpful for developing students’ creativity. Furthermore, textbook topics need to match students’ experience because it is in the tract of making learning habit. Some teachers also stated that textbooks should feature  answer keys in order to allow students to correct their responses to practice exercises. And some teachers stated that let students look for by themselves the answers of the sums practice in order they get selves experiences and they can discuss them with classmates or teachers.
Materials which are considered essential for textbooks are listening to train students’ pronunciation, writing must be in order students can be skillful, reading to improve students’ vocabulary, and vocabulary must be in order students cannot get difficulties in learning.

Conclusion
The discussion showed that there are no cases in which principals determine the instructional material used by teachers. Policy for resolving teachers’ difficulties in learning evaluation based on teachers’ considering ideas together with principal. Principal and teachers appraise the planning of teaching and learning done by the teachers together. In general, principals give teachers the opportunity to resolve students’ difficulties independently; they provide assistance for teachers for improving their ability to organize classes; they receive teachers’ ideas for ensuring good teaching and learning planning; they discuss students’ difficulties together with teachers; they require teachers’ participation for the evaluation of teachers’ plans for teaching and learning; they receive teachers’ ideas to solve certain teachers’ problems caused by students; they discuss potential improvements for the teaching process together with teachers; they give teachers opportunities to use other source of teaching materials beside core textbooks. Principals do not consider teachers’ ideas for addressing organizational weaknesses of classes, nor do they discuss weaknesses and strengths with senior teachers while observing classes; they receive teachers’ proposals of purchase and provide the instructional media needed. Principals and teachers implement instructional media together and discuss new information about instruction forms together.
Teachers do not always follow principals’ ideas to improve the teaching and learning conditions in the classroom and gave freedom for using instructional media for supporting the teaching and learning process. Teachers do not only listen to principals’ ideas about their abilities to write lessons plans. Teachers must know the available methods of English instruction in order to understand students’ difficulties and to give remedial, reinforcement, and accelerating instructions. Teachers agree that textbook topics must encompass a great variation and be suitable for the current curriculum, motivating and helpful for improving students’ creativity. Communicative methods are used more often by teachers. Each teacher prepares before teaching. In general, teachers stated that instructional materials must be authentic, suitable for a certain context, contain dialogs and field notes, and be suitable for students’ learning needs and their learning level. Teachers agree that listening, writing, reading and vocabulary must be represented in the textbooks. Some teachers stated that textbook materials must be constructed systematically from simple to complex and familliar with learning condition and from easy to difficult. More teachers began new lessons by asking students about what had been discussed in previous lessons and they used various methods to teach English instructional materials.
Students must know learning theories in order to understand the instructional materials they are learning. The textbook topics of each skill must not be the same and suitable for the current curriculum. Instructional materials must take students’ learning differences into account and the instructional materials must contain various styles of learning.
Listening skills must be represented in instructional materials in order to train students’ listening comprehension and their ability to write and answer questions. The various dialog acts must be the forms of speaking instructional materials. Instructional media used by teachers are pictures and the English textbooks must becommunicative.

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The Language Meaning Implications of the Indonesian Marriage Law to the Women:
A Case Study in North Sulawesi

Preysi Siby

Abstract

It is well known that languages differ in the manner in which they encode motion. The topic of this study is how the language of Indonesian marriage legislation can be applied to women’s understanding and experience. This study uses a qualitative method and a phenomenological approach. Data were collected in three manners: questionnaires, in-depth interviews, and field observations. The results of this study show that the statutory language in the legislation has cognitive, affective and conative implications for women. This study suggests that those writing legislation affecting women must pay close attention to the meaning of the language used and the language’s effects on women. In addition, Indonesian marriage legislation must be considered in terms of women’s rights.

Keywords: psycholinguistics, marriage legislation, meaning implications

I. Background
Meaning is central to language. Interpretation of meaning often causes harm to others, especially when interpreting the meaning of language in legislation. The effects of grammatical interpretation can be observed in Supreme Court decision No. 11K/Kr/1955. In the case of a warrant discharge home, the Supreme Court judges judex facti blame only interpret the meaning of the word 'habitable' in Article 7, paragraph (1) Noodverordening Regeling bepaalde woningen gebruik en andere gebouwen stad Bandung, as the grammatical meaning. The word 'habitable' shall be interpreted and construed covers worn.
An example is the restriction of the meaning of 'judge' in Law 22 in 2004 on the Judicial Commission (Law on the Judicial Commission). The Constitutional Court Decision No. 05/PUU-IV/2006 interpreted the word 'judge' in the Law on Judicial Commission not to include constitutional justice. To arrive at that conclusion, the Constitutional Court explicitly mentioned using a systematic and historical interpretation based on the original intent of the provisions of the 1945 Constitution, ruling that the Judicial Commission has no authority to supervise the constitutional judges.
An understanding of the meaning of language is important in avoiding misinterpretations that can harm others. Linguistics, according to Hornby (in Sudaryat, 2009), is what language means or what we mean when we use language. Djajasudarma (2009: 8) said that meaning is divided into several types: narrow and broad meaning, cognitive meaning, connotative and emotive meaning, refrensial meaning, the construction of meaning, lexical and grammatical meaning, idesional meaning, meaning propositions, the center of meaning, pictorial meaning, and the meaning of idioms.
Only a few of the various studies that have been conducted focus on the meaning of language in legislation and languag’s implications for society. Different meanings lead to different interpretations. Therefore, the scientific community must conduct a comprehensive study of the meaning of language in legislation, especially as it relates to women. Although studies have always addressed problems concerning the protection of women from the perspective of the law, often focusing on legislation, there has been little research in the areas of psychology and linguistics seeking to understand the processes that occur in society when individuals understand the language of legislation against women.
The purpose of this study is to determine and analyze how the community and individuals acquire, produce, and understand language for communication in conjunction with Indonesian law regarding womens status in marriage. This study is expected to be beneficial to the academic world and society at large, especially in the area of protection of women and women’s rights.

1.2 Focus of Research and Questions
This research focuses on individual and psychological interpretations. With regard to the individual, psychological research is limited to the processes conducted on the meaning of language in Indonesian marriage legislation as that legislation applies to women. In addition, this study identifies the implications of Indonesian marriage legislation as that legislation concerns women in the community of North Sulawesi.

The questions in this study can be formulated as follows:
1. To what extent do North Sulawesi women understand marriage law as it relates to Indonesian women?
2. How does the language of Indonesian marriage legislation create problems for the women in Indonesia?
3. What are the implications of Indonesian marriage legislation for women in North Sulawesi?

1.3 Objectives
This study has the following objectives:
1. To identify the level of understanding of the women of North Sulawesi concerning Indonesian marriage laws.
2. To identify the language used in Indonesian marriage laws.
3. To identify the implications of the meaning of Indonesian  marriage laws.

1.4 Benefits of the Research
1. To provide information to the general public, to governments and policy-making bodies, and to female activists.
2. To make academic contributions to scientific thought to increase the body of knowledge and promote development, especially in the field of science linguistics.
3. To provide a reference for future research.

1.5 Theoretical Framework
Semantics is "the study of meaning". The study of meaning is a component of linguistics. As with sounds and grammar, the component of meaning also occupies a certain level of significance. The first component is sound, grammar is the second level, and meaning occupies the last level. These three components are related because language was originally abstract sounds referring to symbols that have order. Language has a shape and relations that associate meaning (Aminuddin, 1988:15).
The object of this study is to examine the meaning of the semantics of language, specifically, the meaning of language units such as words, phrases, clauses, sentences, and discourse (Chaer, 1990:6).
To study the perceptions of the women in Indonesia, especially in North Sulawesi, concerning marriage law in Indonesia, we must understand the psychology of women. Psychology has traditionally identified and studied three components of the mind: cognition, affect, and conation (Huitt, 1996; Tallon, 1997). Cognition refers to the process of coming to know and understand: the process of encoding, storing, processing, and retrieving information. Cognition is generally associated with the question of "what" (e.g., what occurred, what is going on now, what is the meaning of that information). Conation comprises declarative and procedural knowledge and is divided into two components: motivation and willpower. Motivational factors include the purposes of internal and external orientation: fear of failure, need for achievement, self-esteem, and trust in oneself. Motivational factors require perseverance, willingness, effort, attention, intrinsic regulation and evaluation processes as well as various control strategies (Ruohotie and Koiranen, 2000).
Furthermore, fear of failure is deeply embedded in the concept of emotion and temperament. Temperament itself is absolute and does not depend on individual situational factors, whereas emotion is related to a situation.
At a deeper level, affect is associated with values and an attitude, considering what is a valuable guide or the willingness and interest to know something. Thus, building affect is a basis for the construction of conation. Conative knowing is the state of willingness.  Furthermore, a state of ‘knowing how’ includes all instances of emotional, imaginative, physical, physiological and linguistic knowing.
Schutz is consistent with Weber in thinking about human experience and behavior in the everyday social world as a meaningful reality. When someone sees or hears something that is being said or done, he understands the meaning of the words or act. In such cases, the social world is referred to as an "interpretive reality" (Cuff, 1981). The world of reality is intersubjective in the sense that members of a community share identical perceptions of the world based on their internalized socialization, enabling them to interact or communicate (Mulyana, 2001).
   
1.6 Methodology of Research
Based on the problems to be examined in the research and in accordance with the objectives to be achieved, this study uses qualitative methods. Moleong (2009) suggested that qualitative research seeks to understand the phenomenon of what is experienced by subjects in a holistic and descriptive manner in the form of words and language, in a specific natural context and by utilizing a variety of natural methods.
The reason the researchers used the qualitative method here is because this study seeks to find answers to questions that require descriptive answers, that describe facts regarding the problems being investigated followed by a rational interpretation of the findings in the field and analyzing all existing situations in the area of study.

1.7 Informants Participants
Informants Participants were utilized by purposive sampling to collect data to the level of saturation. Key participants in this study were involved in women’s organizations; such women are expected to be familiar with the marriage laws of Indonesia.
The source of the participants of this study was qualitative; thus, the priority was not the number of participants, but the quality of information resources. In addition, the information obtained can always be rechecked to increase confidence that the information is in accordance with reality. According to Sugiyono (2008), in a qualitative study, there is no absolute number of respondents. Respondents are selected to describe a social phenomenon or a particular social problem based on certain considerations.

1.8 Data Collection Techniques
Required data were prepared in several stages by first acquiring a civil completeness license to conduct the research. Data were obtained using questionnaires, in-depth interview techniques and open and direct observation.
Data collection techniques were focused on respondents who were able to interpret the language of Indonesian legislation against women in North Sulawesi. Data were collected using questionnaires, recordings, and free interviews. In addition, observations and reflections of actual conditions were revealed in in-depth interviews. According to Sugiyono (2008), data collection is the most strategic step in a study because the primary goal of research is to obtain data. Furthermore, Sugiyono observed that when viewed in terms of techniques, data collection can be conducted by observation, in-depth interviews, documentation and triangulation.

Data Analysis Techniques
The data collected were analyzed in the following stages:
1. All data were collected to create a comprehensive picture of the various sources.
2. The next step was categorization; data having the same meaning were placed in a separate category by name or label. Identifying patterns or themes preceded the interpretation of the data.
3. The final stage was drawing conclusions for verification of all data to address the problem in the study.
Analysis of qualitative data, in accordance with the results of Miles and Huberman (1992), is interactive and continues over time to completion; thus, the data is already saturated. According to Bogdan & Biklen in Moleong (2009), qualitative data analysis is working with words, organizing data, sorting data into manageable units, synthesizing, searching, and identifying what is important and what has been learned. Researchers then decide what can be presented.

II. Discussion
2.1 The Function of Cognition, Cognation, and Affect in Perception
The results of the data collected from female respondents who were involved with women's organizations in North Sulawesi indicate that the women’s perceptions can be categorized by cognition, conation, and affect.
Basically, cognitive constructs contain declarative and procedural knowledge. In this case, not all women in North Sulawesi are familiar with and clearly understand the marriage laws that precisely regulate these women’s household lives. Among the respondents, only 20% were aware of the effect of the marriage law of 1974 on women’s positions and their fates. However, even if women are aware of this situation, they cannot do anything about it because the law serves as a traffic policeman that absolutely regulates women’s roles in marriage.
With regard to conation, the women of North Sulawesi are more ordinate than women in other regions of Indonesia. However, the benchmarks are motivation and willpower. Women’s motivation to fight for their destiny and their rights must be balanced by their cognition of the marriage act that precisely controls their lives in the marriage bond. In addition, the motivation and willingness to support women to fight for their fate cannot be executed individually, but must be managed in accordance with what is expected in society.
The important thing for women to do in North Sulawesi, Indonesia is to have cognition, conation, and even affective perspectives of a positive attitude toward defending women at all. In other words, willingness and attitude are required to establish affect as the basis of learning and conation.
    
2.2 The Meaning of the Marriage Law of Indonesia (National)
Marriage law in Indonesia is regulated by Law No. 1 of the 1974 National Marriage Law, encoding the principles of marriage that previously existed and applying them to all Indonesian citizens. Article 66 of Law No. 1 of the 1974 act includes everything connected with arranged marriages in the civil Penal Code, the Marriage Ordinance, Indonesian Christians, and regulations declaring mixed marriages null and void; everything is included in the National Marriage Act.
Thus, the basic law of marriage in Indonesia is Book I KUH Perdatab.UU No. 1/1974 on Marriage; Law 7/1989, concerning the Religious Courts; and PP Regulation 9/1975 on the implementation of Law No. 1/1974.Several articles of the Marriage Act must be examined in relation to women's rights and obligations:

1) Article 1, Paragraph 2:
“Perkawinan adalah sah, apabila dilakukan menurut hukum masig-masing agamanya dan kepercayaannya it.”
(A marriage is valid if it is performed according to the laws of each religion and the man or woman’s beliefs).
In terms of the meaning of language, this article indicates that mixed marriages are possible with the phrase: ... performed according to the laws of each religion and belief. Thus, as long as each partner enters the marriage according to his or her own religion or belief, the marriage is protected by national law.

2) Article 3
(1) In a marriage a man should only have one wife. A woman may only have one husband.
(2) The court may grant a license to a husband to have more than one wife if desired by the parties concerned".
Article 3:1 implies the existence of equality between women and men in marriage; however, section 3:2 indicates inequality between women and men. Men are allowed to take more than one wife although with the caveat that polygamy must be desired by the parties concerned.
In this case, clearly, national legislation should be balanced so that women enjoy identical rights as men.

3) Article 4Article 4 states,
(1) In the case of a husband desiring to have more than one wife, as mentioned in Article 3, paragraph (2) of this Act, he shall apply to the Court in the area in which he lives.
(2) The court refers to the data of paragraph (1) of this article, only giving permission for a husband to have more than one wife if
a. Istri tidak dapat menjalankan kewajibannya sebagai istri.
    [a wife cannot perform her duties as a wife]
b. Istri mendapat cacat badan atau penyakit yang tidak dapat disembuhkan
    [a wife has a disability or illness that cannot be cured]
c. Istri tidak dapat melahirkan keturunan
    [a wife cannot give birth to offspring].”
This article should be amended to consider men who have cases such as the following:
“Suami tidak dapat menjalankan kewajibannya sebagai suami.”
(a husband cannot perform his duties as a husband)
“Suami mendapat cacat badan atau penyakit yang tidak dapat disembuhkan.”
(a husband has a disability or illness that cannot be cured)
“Suami tidak dapat memberikan keturunan.”
(a husband cannot provide offspring).
Basically, this article of the law has negative implications for women because women are considered to be in a subordinate position, especially because only men benefit.
Article 5 also features the following:
(1) To be able to apply to the Court, as referred to in Article 5, paragraph (1) of this Act, one must meet the following requirements:
...the consent of the wife/wives;
...the certainty that the husband is able to guarantee the necessities of life to his wives and their children; the husband must also guarantee that he will be fair to his wives and their children.
(2) According to the Agreement referred to in paragraph (1) of this article, it is not necessary for a wife to approve of and be a party to the agreement if there is no news from the wife for at least 2 (two) years, or because of other causes that would be assessed by the Court of Justice.”
The statements in Article 5(1) and Article 5(2) indicate the presence of gender inequality with these words:
"... Approval of wife/wives" (Article 5:1)
The mention of wives in this context can be interpreted to indicate that women already tolerate the marriage law allowing the husband to have more than one wife (see section 4:1).
Another significant statement is "... that the husband is able to guarantee the necessities of wives' lives ..."
It is unclear whether the women who are also able to provide for their families’ needs are being considered. Of course, no Indonesian woman will take action as stipulated in the marriage law of Article 5:1, which is oriented toward men.

2.3 The Meaning and Use of Words in Indonesian Marriage Law
The meaning and use of words are highly regarded, especially in legislation and administration in Indonesia. This was outlined between October 28 and November 2, 1954 after reading preadvis Prof. A.G. Pringgodigdo and after reading and considering preadvis Mr. Koentjoro Poerbopranoto (Language Congress IX, 2011:9). These gentlemen advised that the language of the marriage law required “correction/improvement, which is necessary in the Indonesian language in the Act".
Some linguistic problems in Indonesian Marriage Law Nr. 1, 1974 appear in the sentence.

(1) “Dengan persetujuan Dewan Perwakilan Rakyat Republik Indonesia.
Memutuskan, Menetapkan.”
With the approval of the House of Representatives of the Republic of Indonesia.
To decide, to assign...(Nr.1 Act, 1974:1)
The Indonesian sentence that begins with the word dengan (with) cannot be followed by active verbs. Active verbs are used only when a sentence begins with the subject of the action.
For example, (1) The House of Representatives of the Republic of Indonesia may decide/ assign...
According to the the rules of the Indonesian language, sentence (1) should read, “The House of Representatives of the Republic of Indonesia shall decide to assign or decide not to assign…”

(2) Article 5 paragraph (1):
“Untuk dapat mengajukan permohonan kepada Pengadilan, sebagaimana dimaksud dalam Pasal 4 ayat (1) Undang-undang ini, harus dipenuhi syarat-syarat sebagai berikut:”
To be able to apply to the Court, as referred to in Article 4, paragraph (1) of this Act, one must meet the following requirements: “Harus dipenuhi syarat-syarat” in the Indonesian language may mean“must be fully in accord with the terms of...”
In this sentence, the correct phrase must be “harus memenuhi syarat-syarat sebagai berikut” (must meet the following requirements).

(3) Use of a preposition or comparison word Article 4, paragraph (1) states,
“Dalam hal seorang suami akan beristri lebih dari seorang, sebagimanana tersebut dalam Pasal 3 ayat (2) Undang-undang ini, maka ia wajib mengajukan permohonan kepada Pengadilan di daerah tempat tinggalnya”.
 "In the case in which a husband chooses to take more than one wife…”
The word dari may only be used when there is understanding of the origin of things or places, for example,
- The necklace was made of (dari) gold. > the origin of things
- A comes from (dari) Jakarta. > places
- The table made of (dari) wood . > the origin of things
In this sentence in Article 4, paragraph (1), the word used must be daripada to indicate comparison.
Other examples: Ia lebih tinggi daripada saya. He is taller than me.
Gadis itu lebih cantik daripada temanku. That girl is more beautiful than my friend.

(4) Using combined words in the sentence: Article 6, paragraph (1):
“Perkawinan harus didasarkan atas persetujuan kedua calon mempelai.”
(Marriage should be based on the agreement of both the bride and the groom).
The word didasarkan must be combined with the word pada, not atas.
The correct phrase is“didasarkan pada,”not“didasarkan atas.”

(5) Using plural words in the sentence:
The word para is only used as an indication of the plural form. This word is allowed only if it combines with a single word and must refer to a human.
Nonstandard use: para keluarga (Article 23, paragraph(a), para keluarga, could indicate that more than one person is included. For a statement of the law, it is better to use the word (kedua) pasangan (the couple). The words para pihak are used in Article 22. The use of the phrase para pihak must be clarified. The word pihak does not refer to a clear object. A statement of legislation must use appropriate words.
The word para can be combined with para mahasiswa (students), for example, or para ilmuwan (scientists).
More language errors were identified in the text of the Indonesian Marriage Law that must be further examined based on the standards of the Indonesian language.

III. Result and Recommendation
3.1 Result
1) The function of cognition, conation, and affect in terms of the motivation and willingness of women in Indonesia, particularly in North Sulawesi, must be improved for the sake of women’s future and their rights in marriage.
2) The future of women in Indonesia, particularly in North Sulawesi, cannot be improved in pieces or partially, but must become institutional so that men and women know what to expect and what is achievable.
3) A number of articles in the Indonesian Marriage Act of 1974 should be reconsidered to ensure gender equality.
4) Linguistics analysis identified a number of statements in the articles of the Marriage Act regarding negative implications for the position of women in marriage.

3.2 Recommendations
1) Because the Marriage Act is the legal basis for marriage in Indonesia, the meaning of the statements and the implications for women must be clear.
2) It is important to fight for gender equality and the rights of women in the Indonesian Law of Marriage.

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 A Self-Study Model of the Goldfish Farming Business at Tatelu, Dimembe, North Minahasa

Mozes M. Wullur

Abstract

This qualitative study aims to describe the self-learning models of goldfish farmers associated with motivation, process, and results of self-learning by collecting data through observation, interviews, and documentation. The results of the study show that: self-learning motivation of farmers include internal and external motivation; farmers’ self-learning process includes learning readiness, learning interactions, and the implementation results of self-learning interaction; while the result of an increase in self-learning knowledge, attitudes and skills, and an increase in family income. Advice for farmers continues to increase their knowledge and skills, sincere as resource persons, and continues to save, with the support of all relevant stakeholders.

Keywords: self-learning model, farmers, business, farming carp

I. Introduction
Community development is the process of deliberate change to meet the needs of the community. Because of the changing needs of communities in line with changes in the development of civilization that influenced the advancement of science, technology and art through the transformation of education. Development as a process refers to a series of community events that will never end up where community activities continue to move forward on the strength of his own (self-sustaining process) for all aspects of life in the direction of social change. According to Macionis in Piotr Sztompka, (2010: 5), social change means "changing patterns of behavior, social relationships, institutions and social structures at a certain time". This condition indicates that a community possesses the potential resources to be optimized either by individuals or the government in order to improve the quality of communal life.
Efforts to improve the quality of life of the people within a community stem from the presence of their internalized awareness to find their own identity in the group as well as a source for the study of media education and life skills through education livelihood. In the context of school education efforts seek and find the source of media as well as independent learning by the community as residents learn outside of school education, entered the area of ​​adult education. This view is clarified by Bryson in Supriyanto, (2005: 13) who states that adult education is "all educational activities undertaken by adults in everyday life that use only part of the time and energy to get additional intellectual".
The existence of self-learning readiness is the main prerequisite for enabling smooth and successful independent learning activities for farmers. Self-learning readiness must include: (1) The ability to identify learning needs, set learning goals; (2) The ability to set goals of learning; (3) The establishment of a learning plan; (4) The determination of source and medium of learning; (5) The determination of whether studying should take place full-time or part-time; (6) Reflecting on lessons learned materials; (7) Creative solutions for faced problems; (8) The willingness to work alone and cooperate with others.
This view is supported by Syamsu Mappa (1994: 29) who wrote that: "People learn to search for information through reading materials in the library, studying notes, observing the results of experiments in a laboratory, conduct observations ..." All of this aspects indicate a readiness to learn in adults. The concept and implementation of self-learning activities for adults in non-formal education settings by Stephen Brookfield (1983) called "Learning Independence" that is self-learning. The advantages of self-learning are that adult learning is dominated by internal motivation as people learn to utilize media sources and learn in the process of learning interactions. The uniqueness of learning during adulthood is that adults already possess some experience, ability and motivation with regard to learning processes. This is why Rogers (1983) introduced a learning method named "student-centered or learning-centered" learning activities that focus on the learners. It is based on the understanding that learning for adults is closely related to their work experiences insofar as independent studying done on the job is learning by doing.
Related to the concept of self-learning for adults, Stephen Brookfield (1983: x) put forward the concept of self-learning analyzes for adults, namely: "(1) Independent learning and correspondence study; (2) independence in learning; (3) self-teaching; (4) self-directed learning; (5) autonomous learning; (6) learning independence as the aim of education; and (7) voluntary learning". Based on this analysis, self-learning for adults can take place by means of self-study and learning through a package system or module. The existence of independence or freedom for adults in the process of learning becomes evident in the process of adults teaching themselves through successful and unsuccessful learning experiences. With regard to voluntary learning activities adults have the ability to direct themselves, to study more autonomously, make their own decisions, and set their own goals.
For farmers in rural areas, the learning processes are often encountered in the daily execution of their duties. Thus, they can easily engage in learning activities with respect to their needs by studying interaction activities and learning media sources. This is strongly supported by the ability of adults to plan in educational activities outside of school. Planning refers to the concept by Shrode & Voice (M.Wullur, 2010: 26) who argued that the planning process is the vehicle for transforming perceptions about environmental conditions into meaningful and manageable operating plans "which means, the planning process as a means of transforming perceptions of environmental conditions into meaningful plans and can be implemented on a regular basis. Planning for farmers independent learning among rural communities, has been going on and is a potential basis for government and community leaders to mobilize rural development activities, using a systems analysis approach that must be understood and performed by adults in conducting independent studies. According to M. Wullur Turang (2011: 16), the analysis of the system has the following components: "(1) component inputs; (2) the component processes; (3) the component output; and (4) the impact of components". For farmers as residents implementing self-learning activities it is necessary to analyze the components of an integrated system before and during the implementation of self-learning activities for managing the cultivation of carp.
The Village District of Dimembe Tatelu in the Minahasa Regency is one of the villages that became centers of the carp farming development in the province of North Sulawesi. Public interest to pursue this business was caused by intrinsic motivation and extrinsic motivation. Aspects of intrinsic motivation on the one hand include farmers’ prior knowledge about the management of carp cultivation, an insight into the thinking of the future, and the cultural value orientation of the carp aquaculture management. On the other hand, extrinsic motivation encompass the economic conditions of farmers in a generally weak socioeconomic environment, geographical conditions, the availability of learning resources and learning media memungknkan for farmers to undertake independent learning interaction. Other factors that led to the farmers’ decision to cultivate carp include: a) The existence of a potentially abundant fresh water source that does not depend on the rainy season. (b) The yearly seasonal change between dry and rainy season. (c) The fertile soil allows for the cultivation of various kinds of plants. (d) Distance carp cultivation location with the marketing center of Manado city about 24 miles. Aside from geographical factors, marketing factors also encourage farmers to improve and expand carp cultivation because carp meat consumption has widespread in North Sulawesi.
In order to develop the cultivation of carp, the government has put Agricultural Extension officer (PPL), and increased status of Fish Seed (BBI) in District Dimembe be Loka Freshwater Fish Culture of North Sulawesi with various pilot programs (demonstration plots), has encourage people not covered by lalayan extension by PPL petuga to pursue the cultivation of carp. The farming community is willing and able to make efforts to seek and find sources of learning how to cultivate carp by means of self-learning.
Thus, this study examines how self-learning models help farmers improve the cultivation of carp based learning readiness factors compared to farmers who did not receive direct counseling from extension agents of the Fisheries Agency of North Sulawesi Province. The following questions will be addressed:
1) How does independent learning motivation of farmers improve the cultivation of carp?
2) How do self-learning processes of farmers improve the cultivation of carp?
3) How do the results of self-learning improve of the following aspects:
a) Farmers’ knowledge, attitudes and skillss?
b) Farmers’ income?
c) Farmers’ development of carp cultivation?

1.1 The Aims of the Research
The study at hand can prove useful in two separate ways. Firstly, it can be used as a theoretical study of the concept of self-learning for adults outside of school education. Secondly, it can be used as an input to the planners and implementers of school education programs outside the Department of Fisheries and Marine khususnyapihak North Sulawesi in order to optimize the Freshwater Fish Culture Workshop program through improving the quality of extension services by PPL officers supported by the district, sub-district and local village government.

1.2 Methodology of Research
This study used a qualitative research approach (Bogdan and Biklen, 1982: 31).The participants in the village of Tatelu Dimembe in the North Minahasa Regency were divided into two main  4 four farmers who engaging in self-learning activities in carp farming, fishery officers PPL, and officer workshops Tatelu freshwater fish farming, and informants are supporting local retailers carp, community leaders, and village government Tatelu. Data was obtained through an in-depth interview guide and an observation guide. The analysis was done according to the pattern by Bogdan and Biklen (1992: 189), concretely by sorting data into units or assigning specific codes, making a synthesis, trying to find a pattern and something “big” and “unique” that could be studied scientifically, and finally making a decision and then systematically writing a research report.
The data analysis was inductive abstractive. With regard to the validity of the dataseveral criteria were chosen in this study, namely: credibility (to internal validity), transferability (for external validity, dependability (untukreliabilitas), and confirmability (for objectivity).

II. The Result and Discussion
2.1 Intrinsic motivation
In general, farmers had had prior knowledge of carp aquaculture management through their parents who hold carps in rice fields. Furthermore, farmers learn how to manage carp aquaculture through formal schooling in the form of apprenticeship education. The importance of this latter concept is supported by the theory of apprenticeship by Djudju Sudjana (2006: 265): "Apprenticeships as a way to give and receive information that already exists in the human life have been successfully bridged transfer to the experience of someone who has no experience so that the latter is able to stand alone ".

2.2 The Perception of Future Benefits
As the carp consumption has increased in the province of North Sulawesi, many farmers in the area are motivated to cultivate carp as a future-oriented business. With increasing demand efforts are intensified to increase the cultivation of carp ranging from seed production to the consumption of carp. This fact supports the assumption that goldfish cultivation has viable prospects for the future. The concept of visions for the future is included in the study area of innovative learning. This innovative learning process, supported by the view of James Botkin, et al (1979: 24), is known as the concept of "learning innovative" which includes "anticipatory learning and participatory learning. Anticipatory learning emerges after studying various characteristics as symptomatic phenomena leading to the anticipation of a situation in the future. Thus, anticipatory learning is a future-oriented concept showing that learning occurs as early as possible to preparation for the future in order to avoid "shock learning" due to being unprepared for a new situation.
To realize the concept of anticipatory this study, absolute and must be followed up with a participatory learning. Learning is not an absolute "given" nor is the provision of learning resources initiative, but the initiative and participation of farmers learning to acquire knowledge and skills in cultivating carp of sources and media of learning or study of existing facilities and possibly being held which is the trigger for implementation the concept of self-learning from farmers.

2.3 Cultural Value Orientation of Farmers with Regard to Carp Cultivation
Carp farming is essentially an industry that is handed down by ancestors. This is supported by Kluckhon (in Koentjaraningrat, 1990: 31) who suggests five dimensions of cultural value orientations related to basic issues of human life, namely the nature of human life (MH), the nature of work (HK), the human perception of time (MW ), mankind's view of nature (MA) and the nature of man's relationship with his fellow man (MM). Relevant for the implementation of self-learning in togetherness for the cultivation of carp in the context of Minahasa culture is the concept of "Mapalus", meaning working together or mutual assistance in managing the wetland as a calm pool of water, which makes the cultivation of reverse culture as an object of consumption carp family developed into a business as the main source of livelihood to improve the lives of farmers.

2.3.1 Extrinsic motivation
The economic condition of the farmers’ families provides a source of extrinsic motivation for self-learning activities in the cultivation of carp. The results showed that successful subsistence depends on the results of the cultivation of carp. Although one farmer did not manage individual land for carp farming, he worked together with other landowners in a profit-sharing system or a system of annual rent. This finding is supported by the view that within a community, activities to meet basic needs are often associated with the attempt to earn money. Humans are interested in earning money because of  its intrinsic value, but solely because of its extrinsic value. The latter is beneficial to meet basic needs such as food, clothing, or housing.

2.3.2 Geographical Conditions of Carp Farms
The geographical conditions for the cultivation of carp are one of the external factors considered by farmers. The results showed that the typical geographical location of farmers’ water fields is about 100 to 1,500 meters from the settlement and accessible with a two-wheeled vehicle. An advantage of these locations is the fact that the water is not contaminated due to sewage or industrial pollution. From a marketing aspect, generally at harvest carp does away with the seed storage stalls carp and carp consumption. These stalls have been available oxygen for office-bag that containing of oxygen and carp seed consumption up to the consumer. This finding is reinforced by Nursid Sumaatmadja (1990: 35) that "... the study and analysis of geography in planning an activity includes the analysis of human symptoms with natural phenomena, and includes an analysis of the spread-interrelationships-interaction in space".

2.3.3 The Availability of Sources and Media for Learning
The availability of sources and media allowing farmers to learn independently is another external factor relevant in the field. Such sources and media include: (1) workshops on freshwater fish at the village of Tatelu held by extension workers (PPL); (2) farmers who have attended counseling and training programs by the Department of Fisheries and Marine Resources; (3) other farmers who have successfully implemented carp cultivation; (4) broadcasting radio and television programs on carp cultivation in rural areas; (5) book knowledge about the management of carp cultivation, demonstrations (pilot projects) of carp cultivation by a Freshwater Fish Culture Workshop at the village of Tatelu.
In the implementation of media sources and studying in the area of ​​communication systems. The findings are supported by the view of Sutaryat Trisnamansyah in Wullur (2011: 11) who distinguishes between two communication systems: "The first and second verbal system media system. In the verbal system of communication is done directly from one person to another person, while the system is done through the medium of communication media such as newspapers, magazines, radio, and television ". It can be inferred from the current study that verbal communication with the system is used by farmers with extension workers, freshwater fish farming officers, farmers who have acquired education and training, as well as experienced fellow farmers who have managed to acquire knowledge and skills with regard to carp cultivation.

2.3.4    Self-learning Process of Farmers in Improving the Cultivation of Carp
Readiness to learn
In general, before engaging in self-learning interactions, farmers had been preparing for the study. Readiness to learn is realized through the identification of learning needs by assigning a high priority to carp farming. This is followed by a set of learning materials in accordance with the stages of cultivation and management of business readiness carp including the selection of prospective mates, mating, spawning, nursery phases I and II, rearing, harvesting, marketing and post-harvest management, and business development. The results suggest that not all farmers learn the entire process of carp cultivation, but they are preparing to study according to their needs and capabilities. This is supported by the Natural Moses, (1984) who argued: "A person will be ready to learn something if he feels the need to do so, because by studying something that he can solve the problem or can complete job duties every day". Thus, the learning program is based on learning readiness through a needs analysis. The results of the study found that participant "BK" is more interested in studying the cultivation of carp ranging from seedling to the maintenance of carp consumption whereas participant "ML" is more interested in studying the maintenance of carp seeds 3-5cm to 12-15cm in size for seed size enlargement budiaya carp through jetted tub. Participant GG is more interested in learning to pursue the process of mating, spawning larvae to produce seed sizes of 3-5cm for seed production within 2 months.

1.1 Interaction study
In general, farmers learn to interact with media sources and learn together without prior planning. This interaction occurs when farmers learned as residents learned contacted learning resources with knowledge and skills with regard to the learning needs of farmers. Thus the study of this interaction occurs on the initiative or the initiative of farmers to approach interpersonal communication without any coercion from outsiders.
The process of studying this interaction is done in accordance with the conditions of learning resources without disturbing the task or the work being done by the learning resources `through discussion while observing the learning resources perform work related to the learning materials, and can also be observed through the cultivation of carp management activities without discussion to broaden the available material. From the results obtained that the four informants in learning interactions as needed to learn that they charge.

1.2 Implementation Results of Learning Interactions
Implementation results obtained studying the finding that the informant "BK" implement learning interactions result from choosing the prospective parent, mating, spawning, nursery bear I, II, and III, to the maintenance of carp consumption. While informants "ML" to implement the results of the interaction of learning in terms of the nursery phase I, II, and III where "ML" buy larvae to didederkan. Then informant "Gg" implement the result of the interaction of learning ranging from larval spawning, nursery stage I, II, and III. And informants "FM" implement specific learning outcomes maintenance interaction carp seed size enlargement be 12-15 cm for carp consumption by maintaining the jetted tub and map cages.

1.3 The Results of Self-learning to Improve Farming Carp
The data yields the following results: (1) an increase in knowledge, attitudes skills, as well as the aspirations of farmers; (2) an increase in income; and (3) an increase of the social status of farmers within the community. Changes in knowledge, attitudes, skills and aspirations refer to behavioral shifts in farmers after obtaining new concepts about the management of carp aquaculture through interaction with media sources and existing learning. Increased income is characterized by increased investment and development of carp cultivation and increased ownership of material possessions. Therefore, needs for food, clothing, papa, health and education for children can be met. The increased social status of farmers within the community is characterized a change in the social status of farmers who previously as a member of the community with different backgrounds work to become farmers farming manager professional carp. They often become role models for other farmers who still cultivate carp in the traditional way.

III. Conclusions, Implications, and Recommendations
3.1 Conclusion
The following conclusions are drawn from the data analysis:
1) The four participants have the motivation to learn independently to meet their basic needs for food, clothing, health, education and the initial motivation.
2) The levels of each farmer's motivation differ, affecting the topic about which they wish to learn autodidactically. Informants BK learn and pursue management started cultivation of carp larvae from seed, to be carp consumption. Informants ML study and pursue carp seed size 3-5 cm to be a size 12-15 cm. While informants Gg learn and pursue seed larval size to a size of 6-8 cm. While the FM study and pursue informant seed size to be 12 -15 cm carp consumption.
3) The process of self-learning takes place in the form of interaction with Freshwater Aquaculture officers, PPL officials, fellow farmers and reading material about carp aquaculture management. Radio and television only gives motivation to learn because the material is not difficult to learn that aired followed by farmers due to the delivery schedule and the news accidentally followed only by farmers so that farmers are not ready to learn.
4) Interactive learning occurs through question and answer, discussions, examples, considerations, establishing, implementation, and evaluatioe.
5) The positive results of self-learning for farmers are in general the acquisition of new knowledge and skills, a change in attitude, the possibility to meet the need for food, clothing, shelter, health, and education for children.
6) The results of this study have positive impacts on farmers, namely the emergence of new learning needs to improve the cultivation of carp. In order to meet new learning needs, farmers are reevaluating old methods of knowledge acquisition.

3.2 Implications
1) Farmers’ internalized awareness of the importance to learn about the cultivation of carp in accordance with the development of science and technology is necessary for the entrepreneurial independence of farmers. This needs to be supported by efforts to create conditions for independent learning through a variety of educational programs outside of school by all relevant agencies. Particularly the implementation of educational programs by the Department of Fisheries and Marine such as the recruitment, selection and placement of PPL officers, the procurement of brochures and educational book about the cultivation of carp as well as pilot or demonstration projects on the development of the cultivation of carp is a strategic approach that enables farmers to interactive learning. Thus, learning concepts outside of school education like conscientizacao approach (Freire, 1972), learning webs (Illich, 2008), teaching learning society and society as well as the discovery problem (Srinivasan, 1977), all of which are within the scope of the process empowering approach (Kindervatter, 1979), can be said to be helpful for the farmers to undertake independent learning activities.
2) In order to be self-sufficient, farmers must have a work ethic that is reliable and well-established. This means that an innovative cultural value orientation toward productive work, especially in terms of management of carp cultivation, must be realized through positive work ethic, sincerity, perseverance, creativity and confident decision-making. Cultural values ​​such as the Minahasa community togetherness, openness, mutual help, the cultural prestige to perform optimally on a competitive basis rooted in "mapalus that endegeneous" should be used to achieve the goals to progress together. While the mentality of consumption, laziness, unwillingness to work because gensi, competitiveness and fraudulence should be suppressed and eliminated as a prerequisite to escape from underdevelopment which led to the destitution of culture and welfare as well as poverty. Poverty by Suharto (2009: 133) merupkan "a condition that is under the line of minimum standards, both for food and non-food, which is called the poverty line (poverty line) or the poverty threshold (poverty threshold) ...". Pekah and therefore farmers must continue to create conditions as positive opportunities that must be anticipated and exploited. Thus "will create conditions of self-propelling demand that respect and utilize the transformation of education as perceived intrinsic needs" (Adikusumo, in Pinontoan, 2009: 67).

3.3 Recommendations
3.3.1 Farmers to the cultivation of carp manager is expected to:
1) Farmers should not only restrict themselves to learn selected aspects of carp farming, but must learn and master the process as a whole.
2) It is important to study business management, especially the calculation of capital costs in the form of money, time and effort, as well as the source of funding, technical marketing, product utilization, and business development. This can be achieved through discussion, observation of the development of the market price, as well as studying books about entrepreneurial techniques.

3.3.2    To the village government Tatelu expected:
1) It is important to provide access to literature on management techniques and carp farming in collaboration with the Department of Fisheries and Maritime Affairs and the Fisheries Faculty of the University of Sam Ratulangi.
2) It is important to use the knowledge of experienced farmers as a learning resource for farmers who still adhere to traditional ways of carp cultivation by providing guidance on the techniques of hatching, nursing and rearing carp.

3.3.3    To the Department of Fisheries and Marine North Minahasa regency expected:
1) Centers of carp aquaculture development should be established as "demonstration" or pilot projects in surrounding villages to further stimulate farmers’ ability to cultivate carp with modern technology
2) It is important to cooperate with the Provincial Government and the private sector to produce goldfish-type "pellets" to feed the stock, so the price does not depend on the outside. On the other hand, agricultural products such as maize, cassava, pumpki, and soybeans can be purchased at reasonable prices.
To the designers of programs broadcast by radio and television Rural expected:
1) Information about the exact times of shows on the management of carp aquaculture needs to be provided in advance, so farmers have a chance to follow and learn from the programs.
2) The broadcast material should be practical and easy to understand, so farmers can practice it at their work sites.

References
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Evaluation of Empowerment and Development and Development of Teachers’ Sustainable Profesionality
in the Subdistrict Entikong (Sanggau), West Kalimantan Province, Indonesia

Hendry Jurnawan
University Bahkti-Potianak Panca-Indonesia

Abstract

The objective of this study is to evaluate the program of empowerment and development of the sustainable professionality of teachers in the subdistrict of Entikong in West Kalimantan Province, Indonesia. Discrepancy Evaluation Model (DEM) is used in addition to the data collection techniques of observation, interviews and the collection of related documents. The data analysis is carried out in line with the evaluated aspects (definition, installation, process and product) and the evaluation criteria. The findings suggested that the program clearly had enough base regulations, installation prepared by the government, good process, had an impact on teachers, and has the differences gap for making correction and sustaining in the future.

Keywords: professionality, empowerment and development, government policy, and program evaluation

I. Introduction
The quality of the education within the population of a nation strongly determines the reciprocation of civilization. Education transformation will be helped to shape of the nation character. Thus, it is necessary for a government to foster the development of the educational system AS part of a policy that can be implemented in the form of strategic programs. High-quality education is a way to create a new generation with spiritual power, self-control, intelligence, character, and life skills needed either individually or by community and nation. This is in accordance with the mandate of the Constitution of the Republic of Indonesia from 1945 which states that “...the government shall manage and organize a national education system in order to increase the faith and devotion to God Almighty and noble character in the context of the intellectual life of the nation”.
As an institution of formal education, primary and secondary schools from the perspective and context of Indonesia, an Indonesian human life discourse and cultural phenomenon that has almost a century old. This shows that this form of cultural institution has been recognized and has gradually entered the mainstream of development in Indonesia.
Within the province of West Kalimantan on the island of Borneo, bordering the state of Sarawak in East Malaysia, are restricted limits Entikong negara. Kecamatan Sanggau direct bounded state border the subdistrict of Entikong is located far from the provincial capital and only possesses limited facilities and infrastructure with regard to roads and transportation, electricity, water, telecommunication, education and health. Accordingly, it is still classified as a disadvantaged area. In contrast, nearby Malaysia is much better organized and developed.
Poverty causes a small portion of the local population to leave their homeland for Malaysia looking for a better life. Therefore, the government is required to develop a high-quality education and create jobs in the border region in order to enable the citizens to one day compete with neighboring countries

1.1 The Focus of Research
The main focus of this research is the implementation of teacher empowerment programs and the continuing professional development of teachers in the border area of Entikong, Sanggau, West Kalimantan Province, Indonesia. Furthermore, this research also addresses:
(1) the legal basis of teacher empowerment programs and continuing professional development of teachers in the border area;
(2) the implementation of development programs and continuing professional development of teachers in the border area,
(3) evaluation of the results with regard to empowerment and sustainability of teacher professional development in the border areas; and
(4)    the impact and benefits of empowerment programs and continuing professional development of teachers in the border area.

1.2 The Problem of Research
Accordingly, the major issue of this study is the answer the question how to implement development programs and continuing professional development of teachers in the border area of Entikong. The research problems are as follows:
1.1 What is the legal basis of teacher empowerment programs and continuing professional development of teachers in the border area?
1.2 How are development programs and continuing professional development of teachers implemented in the border area?
1.3 How can the results of empowerment and sustainability of teachers’ professional development be evaluated in the border area?
1.4 What are the impact and benefits of empowerment programs and continuing professional development of teachers in the border area?

II. Theoretical Framework
2.1 Program Evaluation
Evaluation is derived from a foreign word, the word is absorbed into the Indonesian term with the aim of maintaining the original words with a little adjustment Indonesian pronunciation becomes "evaluation" (Suharsimi Arikunto, 2009: 1). Richard Keily and Pauline Rea-Dickins (2005) defines:
Evaluation is a form of inquiry, ranging from research to systematic approaches to decision research. It is Viewed, on the one hand, as a type of research study of the which has both functions - rolling back the frontiers of knowledge - and the evaluation function - providing information for decision -making jadgements or, and, on the other, as research into the processes of evaluation.
Jody L. Fitzpatrick, James R.Sanders, R. Blane Warthen (2004: 27), states: "Evaluation is the identification, clarification, and application of defensible evaluation criteria to Determine an object's value, its merit or worth, in regard to Reviews those criteria distinguish from the formal evaluation Informal evaluationsmost of us make-daily "
James C. McDavid and Laura R.L. Hawthorn (2006: 3), defines evaluation as: „Program evaluation is a rich and varied combination of theory and practice. It is used in public, Instant confirmation nonprofit, and private sectors to create information for Organizations planning, designing, implementing, and assessing the result of our Efforts to address and solve problems using policies and programs“.
According to Michael Quinn Patton (2009:30) the purpose of an evaluation process is to describe and understand the internal dynamics of the passage of a program. Daniel L. Stufflebeam (2002:283) stated that the most important goal of the evaluation is not to find flaws, but to improve.
Evaluation is a routine monitoring activities, sustainable system of public decision-making. Vedung Evert (2009:101) defined evaluation as a process of qualified monitoring that is usually a routinized, continuous feature of public decision-making systems. As a form of impact assessment, evaluation is frequently commissioned on specific occasions or as permanent periodic monitoring. Evaluation can aim at an accountability check, intervention or the development of basic knowledge.
Evert means that the main objective of policy evaluation is to conduct periodic or permanent monitoring of accountability, internal repairs or improvement of basic knowledge about the policy.
In the same section Vedung quote Arvidsson (1986) which says that the evaluation is for the purpose of providing trust (accountability), refineries (management), and the knowledge is (knowledge). Vedung also cites Chelimsky, Jose Hudson, John Mayne, and Ray Thomilson (1992) which says that there are four evaluation purposes: (1) add insight (to increase of knowledge), (2) improve the delivery of the program (to improve program delivery), (3) memikirikan return objectives of a program (to reconsider the program direction), (4) provide a trust (to provide for accountability (Evert Vedung, 2009: 101).

2.2 Teacher Empowerment
There is a variety of different constraints on empowerment (empowerment) are expressed by experts manusia. Misalnya resources, empowerment is the designation of responsibility and authority to workers to make decisions regarding all product development and decision-making. Empowerment is also an ongoing interpersonal relationship to build trust between teachers, staff and management. Moreover, empowerment is a form of decentralization that includes subordinates in the decision-making process (Soetjipto, Budi W. et al., 2002 123).
Concerning the three constraints, it is understood some important things, namely: (1) provision of responsibility and authority to teachers and employees; (2) creation of the conditions for mutual trust between management and teachers and employees; and (3) support of the involvement of teachers and employees in decision-making process.
From the empowerment model image, the empowerment of teachers and employees that can be developed in the education units (in this case education unit in the border area / disadvantaged / remote), for example, how the education unit in the border area development and improvement efforts:
(1) the readiness of the management to delegate and involve workers, namely, education units: (a) allowing teachers and staff to identify emerging issues; (b) reducing directive behavior and expanding the involvement of workers; (c) encouraging the creation of new perspectives and overhauling the strategic work; (d) delineating the necessary skills and training a team of teachers and employees to work self-sufficiently;
(2) the building of trust between management and teachers and employees to create favorable conditions for the exchange of information and advice without fear or reservation: (a) providing opportunities for teachers and employees to participate in the process of policy-making; (b) providing timely and adequate resources for employees for the completion of their work; (c) providing adequate training in preparation for their work; (d) respecting interpersonal differences and appreciating kesukssan achieved by the employees; and (e) providing access to information;
(3) the appreciation of the abilities of teachers and employees engendering a sense of confidence: (a) delegating important tasks to teachers and employees; (b) exploring ideas and suggestions from teachers and employees; (c) expanding tasks and building networks between departments; and (d) providing scheduled job instructions and encouraging the completion of the well;
(4) the maintenance of credibility by rewarding and menembangkan a work environment that encourages healthy competition in order to ensure high performance: (a) thinking of the teachers and employees as strategic partners; (b) increasing the target in all parts work; (c) encouraging individual initiative for changes through participation; and (d) helping to resolve the differences in the determination of objectives and priorities;
(5) the accountability of teachers and employees towards the authority granted by way menentapkan consistently.

III. Evaluation Model
3.1 The Goals of the Evaluation Process
This study classifies the implementation of a teacher empowerment program in the border areas as the Professional Sustainable Development Master's program (PKB-Master) which was to proceed or managed in order to improve the quality of education services in school / madrasah in order to improve the quality of education (processing program).
The main characteristics of this processing program are a component that is categorized as an input to be a component of the transformation that can be converted into output (output). Thus, to obtain sufficient results from the evaluation of teacher empowerment programs in the border regions, the evaluation dipililah program called Discrepancy Evaluation Model (DEM). DEM was first developed by Malcolm Provus and its principal idea is the Standard Performance Discrepancy (SPD) which has the view that the implementation of a program is found (are) gaps in the implementation of the program.
Provus stated three goals of this particular evaluation process: (1) approval of a standard; (2) determination of whether there is a disparity between the program performance and the set of performance standards; and (3) use of information about the identified gaps to improve management (as the end of the program or be one of the aspects of the program (http://hafismuaddab.wordpress.com/2011/03/16/model-approach-valuation of educational programs-part-1).
Accordingly, the evaluator strives to identify the magnitude of the gap potentially occurring in each component by following these steps:
(1) preparation of design (definition);
(2) determination of the completeness of the program (installation);
(3) process;
(4) measurement purposes (product); and
(5) Comparison (additional stages / cost benefit analysis (cost-benefit analysis).

3.2 Evaluation criteria
Based on the criteria Dunn, then to know teacher empowerment program evaluation criteria in the border area, this study uses a program evaluation model called Discrepancy Evaluation Model (DEM). This model is appropriate because this model emphasizes the notion of the existence of gaps in the implementation of teacher empowerment program in the border area. Thus, evaluation of programs carried out to measure the magnitude of the gaps that exist in each component by following the steps of evaluation:
(1) preparation of the design;
(2) determination of the completeness of the program;
(3) process;
(4) the product; and
(5) the comparison.

IV. Discussion
Based on the data description above results, the empowerment of teachers who served in the border area, can dievaluasit and discussed in order of description as follows:

4.1 Teacher Empowerment Program
The context of the teacher empowerment is indicated by the presence of the formulation of strategic plans implemented by local governments Sanggau which in this case carried out by the Department of Education and Youth Sanggau West Kalimantan Province, based on the various regulations that successfully formulated, Sense of nationalism teachers in carrying out its duties and functions, and the morale and motivation of teachers in carrying out its duties and functions everyday. The characteristics of the teacher empowerment context will be described below.
The required context and necessary conditions for empowering teachers serving in the border areas of  Sanggau in the West Kalimantan Province are arranged in a strategic plan by the local Department of Education and Culture. However, because of the limited budget and human resources (especially teachers), then by taking into account the internal efficiency of education in order to attempt equity, quality improvement and teacher performance, Mengamatai implementation of the Education and Culture Strategic Plan Sanggau in education, especially regarding the empowerment of teachers Yeng.
In general, the development of education and culture has been prepared in its strategic plan with reference to the basic needs of education and cultural development. Implementation of the strategic plan in the various regulatory dedasarkan the following:
(1) Decision of the State Minister of Rural Development: Number 001 / KEP / M-PDT / I / 2005 concerning the strategy for development of disadvantaged areas;
(2) Ministerial Regulation No. 7 of 2010 on the need for increased professionalism and welfare of teachers, principals / Madrasah, and supervisors in the border areas and outer islands;
(3) Guidelines for special allowances by the Directorate of Professional Educators;
(4) Guidelines subsidies functional benefits of the Directorate of Professional Educators;
(5) Sanggau the decree No. 4 of 2010 on the fifth amendment Sanggau Regent regulation No. 21 of 2007 on guidelines for the determination of additional income for incumbent civil servants and candidates by the local government of Sanggau; and
(6) Guidelines for the provision of financial assistance for improving the qualification of teachers to S1 / D-IV in the border areas and outer islands.

4.2 The Implementation of the Teacher Empowerment Program
Empowerment of teachers is drawn from the existence of (1) the commitment by the central and local government to empower teachers; (2) the involvement of the central and local government in implementing the empowerment of teachers; and (3) support infrastructure given the central and local governments to the central government and local guru. These commitments to empower teachers are still not completely met as teachers are for example still given limited scholarships in order to continue to pursue further education. Padahal, to give higher education of the teachers, the Department of Education, Youth and Sports Sanggau collaboration with the University Tanjungpura Pontianak in the form of the provision of special programs. In c-operation, each teacher must submit a scholarshipfby him- or herself. If the teacher has received a scholarship, then they are given leave to not teach for carrying out the course.
Government efforts to provide support to teachers who have obtained certification status is equal to the basic salary. For teachers who have earned certification allowances for new elementary teachers as many as 31 people. Therefore, for teachers who have not received certification status will be funded allowance of Rp. 250,000 per month. In addition, given also the functional non-civil subsidy allowance of Rp. 200,000 per month for non-civil servant teachers. Empowerment programs in addition to the form of government there is also a teacher certification program to improve akademik.Bentuk other government involvement is in the form of scholarships to participants in the form of scholarships BKM educators and Supersemar. In addition, the government also gave the school operational funding for the cost of teaching and learning activities, teacher salaries, spending ATK, and capital expenditures and services .
Government programs regarding careers that many teachers do is to head Training Schools, teacher training, empowerment K3S (Working Group Principal), and Empowerment KKG (Teachers Working Group), Pemberdayaa MGMPs (Congress Subject Teacher). In addition, there is also a workshop, although the volume is necessary reproduced again. Government programs that do not enhance the teacher's career is when the importance of providing opportunities for teachers to follow S.1 education level for those who have not earned a bachelor's and can even be to the level of S2. That is, an increase in the competence of teachers through higher education will make it possible for them to reach knowledge and experience that is more adequate to carry out its duties and functions in the border area.
Salaries and allowances received by teachers indicated by the amount of salaries and allowances of teachers. Salary has been given in accordance with what is in the national rules, all the same great fit and class rank. There kebijksanaan from the central government, the teacher must receive certification. The teachers who have received certification for benefits of certification, also called additional income allowance of basic salary. Meanwhile, the teachers who have not received the certification granted an allowance of Rp. 250,000 per month. Especially, for non-civil servant teachers are given non-civil functional subsidy allowance of Rp. 200,000 per month.
 
4.3 Evaluation of the Teacher Empowerment Program in the Border Region
Teacher performance indicators are assessed by the principal each month. Thus, the annual report given to teachers is DP3 according to the rules. If DP3 good teachers and show a high performance, they will receive attention in career advancement. For example, high-achieving teachers may be nominated and appointed as vice-principal or principal at the school where they teach or at a different institution.
Forms of teacher performance evaluation carried out in the border area dialkukan by way of vice-principals to teachers work diligently noting progress at any time. Crafts and delays dating teaching and if there is how many times does not make, either grounded or without reason, all recorded with rapi. Sistem assessment as a direct assessment form which can be expressed as well as awards and rewards that objective.
Form of reward and punishment is applied looks inadequate. Leaders are not accustomed to reward outstanding teachers are given incentives. Yet the reward is the value of credit points for teacher promotion. For example, through the provision of a certificate to the principal and was recognized sertifiket figures worth of credit.
The promotion of teachers provides that  if an individual teacher excels, he or she can be nominated as vice-principal or principal. For example, the teacher DP3 apabilanilai good value, then he is given a position promotion. On the other hand, teacher education is organized throughout sub-district and district, even at provincial level, as well as through a variety of seminars or workshops.

4.4 Impact and Benefits of the Teacher Empowerment Program in the Border Region
The teachers express a sense of patriotism indicated by their very high credence in the Pancasila and the 1945 Constitution. They are unwilling to migrate to neighboring Malaysia although they might be paid more attractive salaries there. They are proud to be the nation itself rather than become citizens of other countries who are richer than their own country. This is a reflection of the heart, the teachers.
Teachers prefer to inoculate their students with a spirit of serving the nation. Some teachers expressed the pride to be an Indonesian citizen as follows: "I'm sorry as poor as poor state of Indonesia, we remain loyal to the Republic of Indonesia“. Homeland matter that is set in stone. ". The teacher stated: "We prefer the main tasks in educating and educating the nation and spearhead in any change in the lives of the people and the nation of Indonesia." She realized that she was as educators should be role models to emulate in words and actions in carrying pillars of the nation. in charge, teachers motivate their students to keep on loving his country.
It is known that the amount of teachers' salaries and benefits are in accordance with national rules (according to rank and faction), and there is no development policy from the central government, namely: for the teachers who are not obtain teacher's certification. For teachers who have  certifications, they got benefits as additional allowance income. The salaries of the teachers who can not be certified (unofficial teachers) , they got Rp 250,000 salary per month. Besides, they just got a functional allowance about Rp. 200,000 per month. This income is very poor for the unofficial teachers compare with the certificated teachers.

V.    Conclusion
1) For the definition of empowerment and continuous professional development of teachers in the border area there are a number of regulations empowering teachers who served in the border area through the Minister of State Empowerment of Disadvantaged Regions No. 001 / KEP / MPDT / I / 2005 concerning the strategy of development of disadvantaged areas, Permendikanas No. 7 of 2010 on the need for increased professionalism, the welfare of teachers, principals and supervisors in the border areas and outer islands. Guidelines for special allowances Directorate of Professional Educators, Guidelines subsidies functional benefits Directorate of Professional Educators; Regent Regulation Sanggau No. 4 of 2010 on the fifth amendment of the decree No. Sanggau 21 Year 2007 on guidelines for the determination of additional income for civil servants and civil servants candidates in the Government of the district, the Code provision costs increase academic qualification of teachers to S-1 / D-IV in the border areas and outer islands.
2) Installation empowerment and continuous professional development of teachers who served in daeerah perbatasant is the commitment of the central government and local kerjasana evidenced by the Department of Education, Youth and Sports at the University of Cape Kabupetan Prop Pontianak temple in the form of a special program to increase the competence of teachers. The government provides additional benefits in the form of scholarships besides awarding teacher certification. The involvement of the local and central government is evident in granting ATK and operational costs of education and learning in schools and their houses for teachers. Meanwhile, infrastructure support is given in the form of improved rural roads connecting to the city.
3) Evaluation of development programs and continuing professional development of teachers who served in the border area is the lack of attention the government through a system of teacher career, salary, benefits, and patterns of education and learning through the teachers implemented the curriculum, syllabus, lesson plans, and appropriate subject matter. In addition, the indicators of teacher performance seen in the implementation of teacher performance evaluation system, awards, rewards, promotion, education and training to those enjoyed by teachers.
4) The impact of development programs and continuing professional development of teachers in the border region is a sense of patriotism connected to teachers’ allegiance to the Pancasila and the Constitution of 45. They are proud to be Indonesian citizens and always put the interests of the nation before personal or group interests.

VI. Recommendation
1) Local and central government need to pay attention to the integrity of the Republic of Indonesia in facilitating the empowerment of teachers serving in border areas as their positions encompass particularly high responsibility.
2) The local Government should provide a variety of facilities and infrastructure supporting teachers in the border area.
3) The specific assistance from the local and central government in the border region should be adapted to the individual context, input, process, and outcomes expected from teachers as the price of resources is comparatively high and access to them limited.
4) Teachers serving in the border area need to fulfill their educational task in a professional manner, act responsibly and loyally to the Indonesian state. But, their sallaries less comparable, bassed on  the price of goods at the border area too expensive, and less comparable due to their insufficient income. This situation made their spirit so weak, and their dedication so saggy and  their responsibility becomes less.
5) Teachers in the border area are expected to fulfill their duties and their function exhaustively by continuing the education of the younger generation. The education at the border region is important and necessary for Indonesia as a whole as border communities need to be enabled to compete with neighboring countries.

References
Afandi. Potret Pendidikan di Daerah Perbatasan Terdepan sekaligus  Terbelakang. http;// saji dan staff fkip uns.ac.id (diakses 3 Juni 2014)
Badan Standar Nasional Pendidikan, Panduan Penyusunan KTSP Jejang   Pendidikan Dasar dan Menengah (Jakarta: Depdiknas), 2006.
Daniel I Stuffleam, The CIPP Model for Evaluation , View point on Educational and Human Services Evaluation, New York, Klumer Academic Publisher, second editio, 2002.
Dunn Willliam,N,,Pengantar Anlisa Kebijakan Publik, Yogyakarta, UGM Press 2003
Fattah, Nanang. Landasan Manajemen Pendidikan (Bandung: Remaja Rosdakarya, 1993.
Ficher. at al.Prodution and Operation Management ( Cichago: Richard D.Irwin), 1995.
Gunawan, Ary H. Administrasi Sekolah (Jakarta: Rineka Cipta), 2011.
Hersey, Paul dan Kenneth H. Blanchard, Management of Organizational Behavior (New Jersey: Prentice-Hall, Inc.), 2008
Jody L Fitzatrick James R Sanders, Blane R Worthan, Progam Evaluation, Boston Pearson Sducation, 2004
Luddin, Muchlis. R.But No Choices Education, Pendidikan Sebagai Pemberdayaan Masyarakat. (Jakartav,Yayasan Mural), 2005
Mastuhu, Menata Ulang Pemikiran Sistem Pendidikan National dalam Abad 21 (The New Mind Set of National Education in the 21st Century (Yogyakarta: Safiria Insania Press), 2003.
Moleong, Lexy J. Metodologi Penelitian Kualitatif ( Bandung: Remaja Rosdakarya, 1995.
Robbins, Stephen P. Organizational Behavior ,New York, Prentice Hall,2003
Sidi, Indra Jali, Menuju Masyarakat Belajar, Menggagas Paradigma Baru Pendidikan, Jakarta, PT. Logos Wacana Ilmu, 2001
Soegeng, Santoso Problematika Pendidikan dan Cara memecahkannya, Jakarta , kreasi pena gading, 2000
Sutrisna, Oteng, Administrasi Pendidikan, Dasar Teoritis untuk Praktek Profesional, Bandung, Angkasa 1993
Suharto, Edi, Analisis Kebijakan Publik, Bandung, Alfabeta, 2005
Tilaar, H.A.R. Paradigma Baru Pendidikan Nasional, Jakarta, Rineka Cipta, 2004
Vesmbriarto, ST. Pengantar Perencanaan Pendidikan (Jakarta: Grasindo), 1993.

The Application of Comunicative Competence Theory in the Indonesian Language Textbook for the Senior High School
(An Indonesian Textbook Case Study)

Femmy Tresje Pelealu
(Lecturer at Manado State University, North Sulawesi, Indonesia)
   
Abstract
   
Communicative competence comprises four areas of language knowledge and skill: linguistic competence, sociolinguistic competence, strategic competence, and discourse competence. It requires that for real communication we need knowledge and skill in linguistics as well as linguistic social and cultural contexts, discourse, and strategy of communication. The four areas of communicative competence have been applied by the writers of the textbook analyzed in this paper. Linguistic competence is applied primarily through operational verbs, while social and cultural competencies are realized in the social and cultural topics or themes throughout the textbook. Discourse competence is used through the use of reading practices within the textbook. Strategic competence, although not explicitly addressed in the textbook, is implicitly stated through the activities of listening and speaking (oral language).

Keywords: communicative competence, linguistic competence, and social cultural competence

I. Introduction
In Indonesia, the Indonesian language is the formal national language and is thus the language that is primarily spoken and taught in schools. Thus far, we have often been faced with the problem of teaching and learning the Indonesian language in relation to the teachers, students, methods and techniques, among others. We are, however, rarely faced with problems concerning the teaching and learning materials (i.e., textbooks used by the students and the teacher). Thus, I am interested in analyzing of one of the students’ textbooks used in SMA (Senior High School) from the perspective of communicative competence.
The application of communicative competence theory in Indonesian curricula was originally implemented in 1994. In 2004, another curriculum, called the competency-based curriculum, was introduced. Two years later, this curriculum was changed to what was called the school-based curriculum. The current curriculum is yet another adaptation, termed the 2013 or character-based curriculum. The concept of communicative competence, however, has remained present throughout the curricula evolutions and remains in use today.
The theory of communicative competence should be realized by the writers of students’ textbooks. The students’ books are written by many different authors, and there are many Indonesian language textbooks that are being used by the teachers and students of SMA in Indonesia. These textbooks or students’ books, though variously written, are all based on the same aims, objectives and curriculum. In this case, the ultimate aims and objectives are to improve the students’ knowledge and skills, based on the national curriculum as the guide for the teaching-learning process.
The questions, instructions, activities, themes, and units in the students’ book or textbook of SMA are interesting to study because the activities, in terms of language skills to be taught and exercises to practice, are very substantial. These activities are considered to be the core of what teachers are to teach and what students are to learn. The title of the textbook that will be analyzed here is Giat Belajar Bahasa dan Sastra Indonesia for Senior High School, XI class of natural and social sciences, written by Sawali, Agus Suwanto and R. Aslam Kussatyo, and published by PT. Pabelan Surakarta Indonesia in 2005. This textbook was arranged using 12 units for its materials. The problem to be answered in this study is formulated as follows: How is the communicative competence theory used in the students’ textbook of SMA? The purpose of this study is to discover, describe, and explain the communicative competence theory used in the students’ textbook of SMA.

I. Review of Literature
1.1 The Concept of Communicative Competence
The term communicative competence is composed of two words, the combination of which means «competence to communicate». This simple lexico-semantical analysis reveals that the central word in the syntagm communicative competence is the word competence. Competence is one of the most controversial terms in the field of general and applied linguistics. Its introduction to linguistic discourse has been generally associated with Chomsky, who, in his very influential book, Aspects of the Theory of Syntax, drew what is today viewed as a classic distinction between competence (the monolingual speaker-listener’s knowledge of language) and performance (the actual use of language in real situations) (Bagarić V., Mihaljević Djigunović J. 2007).
In an attempt to clarify the concept of communicative competence, Widdowson (1983) made a distinction between competence and capacity. In his definition of these two notions, he applied insights that he gained through discourse analysis and pragmatics. In this respect, he defined competence, i.e., communicative competence, in terms of the knowledge of linguistic and sociolinguistic conventions. Capacity, which he often referred to as procedural or communicative capacity, he understood as the ability to use knowledge as a means of creating meaning in a language. According to Widows, ability is not a component of competence. It does not turn into competence but rather remains “an active force for continuing creativity”, i.e., a force for the realization of what Halliday called the “meaning potential” (Widdowson, 1983:27). Having defined communicative competence in this way, Widdowson is said to be the first who, in his reflections on the relationship between competence and performance, gave more attention to performance or real language use.
The seminal work of Canale and Swain (1980) maintains that communicative competence is comprised of four areas of knowledge and skill:  linguistic competence, sociolinguistic competence, strategic competence, and discourse competence.
Canale and Swain (1980) and Canale (1983) understood communicative competence as the synthesis of an underlying system of knowledge and skill needed for communication. In their concept of communicative competence, knowledge refers to the (conscious or unconscious) knowledge held by an individual about language and about other aspects of language use. According to their theory, there are three types of knowledge: the knowledge of underlying grammatical principles, the knowledge of how to use language in a social context in order to fulfil communicative functions, and the knowledge of how to combine utterances and communicative functions with respect to discourse principles. Additionally, their concept of skill refers to how an individual can use their knowledge in actual communication. According to Canale (1983), skill requires a further distinction between underlying capacity and its manifestation in real communication, that is to say, in performance.
Unlike Hymes, Canale and Swain, or even Widdowson, Savignon (1972, 1983) placed greater emphasis on the aspect of ability in her concept of communicative competence. Namely, she described communicative competence as “the ability to function in a truly communicative setting – that is, in a dynamic exchange in which linguistic competence must adapt itself to the total informational input, both linguistic and paralinguistic, of one or more interlocutors” (Savignon, 1972:8). According to her and many other theoreticians (e.g., Canale and Swain, 1980; Bachman and Palmer, 1996), the nature of communicative competence is not static but dynamic, more interpersonal than intrapersonal, and relative rather than absolute. It is also largely defined by context.
As to the distinction between competence and performance, Savignon referred to competence as an underlying ability and performance as an open manifestation of competence. In her opinion, competence can be observed, developed, maintained and evaluated only through performance. Similar to many theoreticians in the field of language learning and teaching (e.g., Stern, 1986), Savignon equates communicative competence with language proficiency. Due to this relation, as well as to the controversial use of the term competence, Taylor (1988) proposed to replace the term communicative competence with the term communicative proficiency.
At approximately the same time as Taylor’s proposal, and for similar reasons, Bachman (1990) suggested using the term communicative language ability, claiming that this term combines in itself the meanings of both language proficiency and communicative competence. Leaning especially on Hymes, Widdowson and Candlin, Bachman defined communicative language ability as a concept comprised of knowledge or competence and capacity for appropriate use of knowledge in a contextual communicative language use.
Canale (1983), as well as Canale and Swain (1980), noted the importance of making a distinction between communicative competence and communicative performance, that is to say, actual performance, which is the term Canale used in order to avoid (negative) connotations with Chomsky’s concept of performance. Stern (1986) and Spolsky (1990) added the ability for creative language use to the list of characteristics of the nature of communicative competence.
Recent theoretical and empirical research on communicative competence is largely based on three models of communicative competence: the model of Canale and Swain (used in this paper to analyze the textbook), the model of Bachman and Palmer, and the description of the components of communicative language competence in the Common European Framework (CEF).
The theoretical framework/model that was proposed by Canale and Swain (1980, 1981) had at first three main components, i.e., fields of knowledge and skills: grammatical, sociolinguistic and strategic competence. In a later version of this model, Canale (1983, 1984) transferred some elements from sociolinguistic competence into the fourth component, which he named discourse competence.
For Canale and Swain (1980, 1981), grammatical competence is mainly defined in terms of Chomsky’s linguistic competence, which is why some theoreticians (e.g., Savignon, 1983), whose theoretical and/or empirical work on communicative competence was largely based on the model of Canale and Swain, use the term linguistic competence for grammatical competence. According to Canale and Swain, grammatical competence is concerned with mastery of the linguistic code (verbal or non-verbal), which includes vocabulary knowledge as well as knowledge of morphological, syntactic, semantic, phonetic, and orthographic rules. This competence enables the speaker to use the knowledge and skills needed for understanding and expressing the literal meaning of utterances.
In line with Hymes’s belief about the appropriateness of language use in a variety of social situations, the sociolinguistic competence in their model includes knowledge of the rules and conventions that underlie appropriate comprehension and language use in different sociolinguistic and sociocultural contexts.
Canale (1983, 1984) described discourse competence as the mastery of rules that determine ways in which forms and meanings are combined to achieve a meaningful unity of spoken or written texts. The unity of a text is enabled by cohesion in form and coherence in meaning. Cohesion is achieved by the use of cohesion devices (e.g., pronouns, conjunctions, synonyms, and parallel structures) that help to link individual sentences and utterances to a structural whole. Thus, achieving coherence (i.e., repetition, progression, consistency, and relevance of ideas) enables the organization of meaning (i.e., establishes a logical relationship between groups of utterances).
In the model of Canale and Swain, strategic competence is composed of the knowledge of verbal and non-verbal communication strategies that are recalled to compensate for breakdowns in communication due to insufficient competence in one or more components of communicative competence. These strategies include paraphrase, circumlocution, repetition, reluctance, avoidance of words, structures, or themes, guessing, changes of register and style, modifications of messages, among others.
Canale (1983) noted that this competence can also be used to enhance the effectiveness of communication. In a qualitative sense, it is different from the other three components of communicative competence in that it is not a type of stored knowledge and it includes non-cognitive aspects, such as self-confidence, and readiness to take risks. However, because it interacts with other components, it enables learners to deal successfully with a lack of competence in one of the fields of competence.

1.2 Textbook/Teaching Materials
It is a universally accepted fact that a language program is only as good as the teaching-learning strategy. The majority of teachers and students are going to depend on textbooks as their main resource for teaching and learning.
The textbook is a systematic arrangement of subject material designed to assist the instructor in teaching particular content to students at a specific grade level.
             
II.    Methodology
This research is intended to describe the communicative competency theory used in the students’ book of Senior High School in Indonesia. In this case, this research can be classified as a descriptive research. The data are in the form of words (sentences) and analyzed qualitatively. In collecting the data, the writer is the key instrument.

III Result and Discussion
3.1 Findings
The systematization of the twelve lesson units in the textbook is arranged as follows:
a. Observing the events around us:
b. This unit has the following subunits:
1) Listening to a speech: writing the main points of speech content and presenting orally the summary of the speech.
2) Telling experiences: writing and telling experiences.
3) Intensive reading on the main and supporting ideas in deductive and inductive paragraphs.
The examples of reading texts can be seen on pages 7 and 9.
4) Writing an exposition: collecting data from various sources, arranging a writing framework of the selected topic, and developing the writing framework to the exposition writing.
The examples of reading texts can be seen on pages 11 and 12.
5) Commenting drama presentation: deciding the characters and their roles, deciding the conflict, deciding the setting, the theme, and the message in the drama.
c. Appreciating moral values:
1) Listening to a spiritual speech,
2) Telling experiences: writing the main points of an event and presenting them orally.
3) Intensive reading.  
The examples of reading texts can be seen on pages 11 and 12.
4) Completing a scientific writing: arranging, completing, and revising a scientific writing.
5) Listening to the reading of a short story.
The examples of reading texts can be seen on pages 30 – 34.
d. Recognizing the world of business and trade:
This unit has the following subunits: 
1) Listening to a speech.
2) Telling experiences: asking and answering a question.
3) Reading a random text: making a summary and formulating the outlines of paragraphs.
4) Writing business letters: listing the characteristics of business letters, writing the contents of selling and buying letters, and revising a project letter.
5) Roleplaying a drama: reading and understanding a drama text and appreciating the character role played.
e. Building cooperation as economic national dimension:
This unit has the following subunits:
1) Listening to an interview: writing the points of an interview, summarizing the points of the interview, and presenting the summary orally.
2) Presenting the reading results: speaking the data of reading points and presenting the reading contents orally.
3) Reading random text: identifying the random ideas, writing the continuous ideas of the text, discovering the differences and similarities of the text continuation, and revising the writing.
4) Reading an authority letter: listing the characteristics of an authority text, writing things that will be written in an authority letter, writing an authority letter, explaining the contents of an authority letter, and revising the authority letter.
5) Roleplaying a drama: using facial expressions for pantomime and gestures.
f. Building business spirit:
This unit has the following subunits:
1) Listening to an interview: writing the points of an interview and summarizing the contents of the interview.
2) Doing the interview: making the list of questions for an interview, deciding the questions to ask, mentioning the reasons for the type of selected questions to be asked, asking questions politely, asking questions clearly and concisely, and summarizing the results of the interview.
3) Reading random text: summarizing each paragraph, formulating outlines of each paragraph, identifying ideas, writing the ideas, collecting the difference and similarity of the continuation of the text contents, and revising the writing.
4) Writing memos: listing the characteristics of a memo, writing memos, and revising memos.
5) Telling a literary history: identifying the characteristics of a literary history, explaining the plot, theme, and characters, and retelling its contents.
g. Long life education:
This unit has the following subunits:
1). Listening to an interview.
2). Doing an interview.
3). Reading random texts.
4). Writing a proposal: listing the components or elements of a proposal, writing a proposal, and discussing a proposal in groups.
5). Appreciating a novel: telling the contents of a novel and discussing the values in a novel.
6). Sharpening the moral values through art:
This unit has the following subunits:
a) Listening to information.
b) Doing an interview.
c) Reading news: marking the pause and reading news.
d) Writing a proposal.
e) Reading and analyzing a novel: retelling the contents of a novel, identifying the values, and relating the values with daily life. The examples of reading texts can be seen on pages 124 - 140.
h. Building the pillars of democracy:
This unit has the following subunits:
1) Listening to information.
2) Presenting research results: writing the points of a research result and presenting the research process and results.
3) Speed reading: training the nerves of the eyes, concentration, and speed reading.
4) Summarizing the contents of books: listing the main points of a book, summarizing the contents of a book, and discussing the summary of the contents of books.
5) Reading a biography: determining the interesting points and comparing/contrasting the figure of the biography with oneself. The examples of reading texts can be seen on pages 146 – 161.
i. Realizing a clean government:
This unit has the following subunits:
1) Listening to a discussion: asking questions and giving critiques and supports.
2) Giving ideas: speakers’ knowledge and important steps,
3) Speed reading.
4) Writing the summary of a panel discussion: writing the points discussed, writing the summary, and discussing the contents of a summary.
5) Reading a retention.
The examples of reading texts can be seen on page 168 – 186.
j. Keeping the values of living brotherhood:
This unit has the following subunits:
1) Listening to a discussion: writing explanations and summarizing the contents of discussion.
2) Giving ideas: writing the results of a discussion and commenting on the discussion.
3) Intensive reading: recognizing the editorial topic, finding the main ideas, and summarizing the editorial topic.
4) Writing the notula of a meeting: writing the differences and similarities between two notulas or more, finding out the pattern of notula writing, and writing the meeting notula,
5) Reading a retention.
The examples of reading texts can be seen on pages 189 – 204.
k. National intelligence through education:
This unit has the following subunits:
1) Listening to a discussion: writing comments in the form of memo and the requirements of a memo writing,
2) Giving ideas in a discussion.
3) Intensive reading: saying the contents of a topic and presenting its contents.
4) Writing a scientific writing: listing the important facts, deciding on an idea to be developed, arranging the framework of a scientific writing, developing the framework to be a scientific writing, and sorting the scientific writing.

3.2 Discussion
After presenting the above findings, it can be concluded that all aspects or components of communicative competence have been used by the writers of this textbook. The following is an operational discussion about the findings:

1. Linguistic Competency
This competency is very dominant in all 12 units of this textbook. All language skills (listening, speaking, reading, and writing) are realized in this textbook. These language skills are characterized with the use of the following operationalized verbs: storytelling, commenting, completing, role playing, saying, doing, appreciating, analyzing, summarizing, and arranging.
There is no category of language competency and literature competency in the textbook. Rather, both are combined in each topic of each unit lesson. There is no separation of each language skill, though there is an integration of all language skills.

2. Social Cultural Competency
This competency is realized in the social and cultural topics or themes about: (1) the events around us, such as speech, experiences, intensive reading, expository writing, and drama; (2) moral values expressed through spiritual speech, experiences, intensive reading, scientific writing, and short stories; (3) the business world found in speech, experiences, random text, business letters, and drama; (4)  building cooperation as national economic dimension, with interviews, reading results, random text, authority letters, and drama; (5) building business spirit, with interviews, random text, memos, and literary history; (6) long life education, with interviews, random texts, proposals, and novels; (7) sharpening the moral values through art, including information, interviews, news items, proposals, and novels; (8) building democracy dimension, using information, research results, speed reading, the contents of books, and biographies; (9) realizing a clean and healthy government, utilizing discussion, ideas, speed reading, panel discussion, and retention; (10) keeping the value of living brotherhood, expressed through discussion, ideas, intensive reading, meeting notula, and retention; (11) national intelligence through education, leveraging discussion, ideas, intensive reading, scientific writing, and novel retention; and (12) living environment, found in discussion, ideas, intensive reading, scientific writing, and drama.

3. Discourse Competency
This competency is characterized by the reading texts about social and cultural topics in the form of oral and written language.

4. Strategic Competency
This competency is not explicitly realized in this textbook but is rather implicitly stated in the oral language activities (listening and speaking activities).
   
IV Conclusion
The theory of communicative competency has been applied by the writers of this textbook. The linguistic competency is very dominant in all 12 units of this textbook. All language skills (listening, speaking, reading, and writing) are realized in this textbook. These language skills are characterized with the use of the following operationalized verbs: storytelling, commenting, completing, role playing, saying, doing, appreciating, analyzing, summarizing, and arranging. There is no defined category of language competency and literature competency in the textbook, although both of them are combined in each topic for each unit lesson. There is no separation of each language skill, but there is rather an integration of these language skills. 

References
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The Implementation of a Rice Program Policy in the Village of Picuan I, East Motoling, South Minahasa

Oleh
Freddy Merentek

Abstract

This study aims to analyze the implementation of the Raskin  policy in the village of Picuan (Satu) in East Motoling, South Minahasa, Indonesia, using a qualitative approach as stated by Creswell (1994). Its results show that the implementation of the Raskin program has been managed effectively as poor households were encouraged to actively participate in the planning, execution, control, and preservation of all activities. For the implementation of the Raskin programs a top down approach with three distinct distribution patterns u was used: working group (Pokja), village shop (Wardes), and community groups (Pokmas). The benefit of Raskin for society lies in providing sufficient food for one week with the amount of five kilograms per household at a price of Rp 2000,00/kg. According to Raskin 2011 one household could receive 15 kilograms at a price of Rp. 1.600,00 per kilogram.

Keywords: Public Policy, Raskin, the People in need

I. Introduction
1.1 Background
Poverty and food insecurity are still the main problem for a great part of the population in Indonesia. In order to tackle these issues, various sectors of the government should be integrated or need to cooperate to achieve a higher level of prosperity within the population, as it was stated in the Presidential Decree No. 8 on rice policy in 2008. This instruction was sent to the Minister, the head of the non-departmental government agencies, governors, regents and mayors throughout Indonesia to make efforts to increase farmers' income, food security, rural economic development and stability of the national economy. In particular, Bulog instructed to provide and distribute subsidized rice taken from local farmers for poor families. Poverty is a social problem that must be addressed by the government. Soetomo (2006: 312) states that social development is done by and of the people. Social development also refers to several non-economic aspects regarding the realization of human rights and individual freedom. Social development highly values the improvement and enhancement of social conditions. Within the context of realizing such ideals, a state is not only in charge of maintaining order and enforcing the law, but mainly of improving the welfare of its citizens (Boediono, 2006: 313). Thus, a state is supposed to play an active role in developing general welfare driven by the awareness that its citizens are entitled to a dignified existence.
As a consequence of the emerging significance of social issues in the national development, apart from economic and political issues, the government should allocate funds in order to help manage and solve the aforementioned problems. Accordingly, the Indonesian government developed the Raskin policy. However, since the implementation of the Raskin policy several problems have emerged: In the context of productivity and economic benefits, the allocation of these funds eis considered unproductive because they tend to be consumptive in the short-term perspective.  In the aspect of economic this does not directly affect the productivity and economic benefits, although relating to human dignity and human rights. The program is considered misguided as rice should be distributed or sold only to poor families while in fact, it is also distributed to wealthy families. Defective coordination between bureaucracies ranging from the center to the villages. Lastly, the market price of rice is not in accordance with the initial plan.

1.2 Research Focus
This study focuses on how the Raskin policy is implemented. Furthermore, the study also examines (1) the organization of the management in implementing the Raskin program; (2) the definition of the Raskin program and the Raskin principles of management; (3) the implementation of the Raskin program; (4) the pattern of Raskin distribution; and (5) Raskin benefits for society.

1.3 Research Benefit
This study provides data and evidence for a public policy which is expected to solve the social issues and provide empirical information about the sustainability of public policymaking as part of the government’s strategic plan to foster the development of the nation.

II. Literature
2.1 Public Policy
Nugroho (2003) states that public policy is the number of decisions that is aimed at addressing the problems that arise in a particular activity undertaken by government agencies in the context of governance. Furthermore, Hakim (2003) stated that the study of public policy is the act of learning about the variety of governmental decisions in addressing an issue of public concern. Some of the problems faced by the government exist in part due to the failure of the bureaucracy to provide public services and resolve such issues. This failures may include information,failures, complex side effects, motivation failures, rent seeking, second best theory, and implementation.
According to the stratification, there are three levels of public policy, namely: (1) the general policy (strategy); (2) managerial policies; and (3) operational technique policy. According to the management point of view, the process of public policy work is a series of activities such as: (1) policy making; (2) implementation and control; and (3) evaluation of policy. Dunn (1994) stated that the process of public policy analysis is a series of activities which is closely related to politics. This political activity is defined as the process of policymaking and the evaluation of a series of stages that are dependent on: (1) agenda making; (2) policy formulation; (3) the adoption of policies; (4) the implementation of the policy; and (5) policy assessment.
According to Nugroho (2003) the process of policy formulation encompasses seven stages: (1) assessment of the problems, aiming to discover and understand the source of the problem, which is then formulated as a causal relationship; (2) goal setting, which is a stage of determining the objectives that should be achieved through the aspired public policy; (3) alternative formulation, which is a number of solutions which might be applied to achieve the intended purpose; (4) preparation of the model, which as a simplification of the problem is formulated as a causal relationship that can be modeled in a variety of forms (e.g., schematic, mathematical, physical, symbolic, etc.); (5) determination of relevant criteria, i.e., policy analysis requires clear and consistent criteria in assessing the policy alternatives offered. The criteria that can be included are criteria of economic, legal, political, technical, administrative, community participation, etc.; (6) alternative assessments, performed using the criteria in order to get a broader picture about the effectiveness and feasibility of each alternative to achieve the objectives; (7) formulation of recommendations, based on the results of the assessment of policy alternatives that are expected to be able to achieve the optimal goal and might have a very minimal impact.

2.2 Implementation of Public Policy
Tachan (2008: 29) states that the word of implementation is derived from the Latin word "implementum",consisting of the words implere, meanning "to fill up“ and „to fillin" , therefore to fully charge and complement, and plere, meaning "to fill”. Thus, the definition of to implement is to bring to an outcome (result), complement and complete. Another notion of to implement is to provide the means (tools) required to implement something. Thus, implementation is etymologically related to the completion of an activity that uses certain means to get certain results. In the context of public policy, implementation is the activity of completing or implementing a public policy that is developed to use specific means in achieving policy objectives. Therefore, in the process of public policy, implementation is practical and distinguished from the policy information that is regarded as theoretical. Anderson states in Tachan (2008: 30): "policy implementation is the application of the policy by the government's administrative machinery to the problem". Subsequently, Edward III states in Tachan (2008: 30): "... is the policy implementation stage of policy making between the establishment of a policy ... and the Consequences of the policy for the people whom it Affects ".  Grindle (2008: 30) also states: " implementation - a general process of administrative action that can be investigated the level at specific programs ".
In summary, it can be concluded that the implementation of public policy is an administrative process that is performed after the policy is established or approved to be implemented. Implementation activities are in between policy formulation and policy evaluation. Public policy implementation represents a top-down process, which means lowering or interpret various alternatives that are still abstract or on a macro level into more concrete alternatives or a micro level. Meanwhile, policy formulation is based on a bottom-up logic, i.e. the implementation process begins with mapping the needs of the public or the activity of environmental demands followed by the search and selection of alternative solutions to be proposed for the set.

2.3 Raskin Program
The Raskin program is an effort to reduce the financial burden of poor households as a form of governmental support by improving food security. Raskin was implemented to provide access to cheap rice up to a maximum weight of 15 kg per household per month for IDR 1,600 per kg. The program was implemented in all provinces and the responsibility for the distribution from warehouses to the respective distribution points is held by Perum Bulog.
The positions introduced in the manual of the technical implementation are: (1) Raskin Coordinating Team at the provincial level: This team is established based on the Governor's decision and consists of: provincial government; Biro Sarana Perekonomian (Bureau of Economic Means), Biro Bina Produksi (Bureau of Production Development), BPMD, BAPEDA, BPS, BKKBN, Perum Bulog, Regional Division, police, judiciary, and related stakeholders. (2) Coordination Team of the Regional Provincial Division (Provincial Division): This team is a work unit of Perum Bulog Sub Divre formed by the Head of Sub Divre who is in charge of coordinating the implementation of Raskin in the subdivision. (3) Raskin work unit: This team is a work unit of Perum Bulog Sub Divre formed by the Head of Sub Divre which is in charge of transporting the rice from warehouses to the distribution point and the distributor. (4) Raskin District Coordination Team: This team is established at district level and led by the chairman of the sub-district as the head; its members are police, the manager of the KB program and the District Census Coordinator who are in charge of coordinating the implementation of Raskin in the district; (5) Distributor: This team is formed at the distribution point by village deliberation and established by the Public Institution and community elements whose tasks are to distribute Raskin benefits to the people in need. (6) Distribution point: The location of the rice delivery by the Raskin subdivision unit to the distributor in a district. (7) Poor households (RTM): The recipients of Raskin benefits in a district chosen according to the results of a socio-economic data collection by the BPS in 2005. They are categorized as very poor, poor, and near-poor. (8) District Council: This is a communication forum on the district level established by the poor households (RTM) eligible to receive Raskin benefits. (9) Quality standards of Bulog rice: The quality standards are medium quality rice in good condition and free of pests. (10) Public Complaints Unit (UPM): This is an institute established by the Governor’s and the Regent’s decision in a district or a city reacting to complaints.
The main purpose of the Raskin program is to reduce the financial burden of poor households by fulfilling their basic food needs in the form of rice. The target of the Raskin program for 2012 was to decrease this burden by as much as 17.5 million of the poor households’ spending based on BPS data through the distribution of as much as 3,147 million tons of subsidized rice, equivalent to Rp. 17 trillion for a year at a price of IDR 1,600 per kg net at the distribution point.

2.4 Raskin Regulation
Through the Presidential Decree No. 8 on rice policy in 2008, the Minister and Head of the Department of Non-Government Institutions in particular, as well as governors, regents and mayors throughout Indonesia were instructed to make efforts to increase farmers' income, food security, rural economic development and stability of the national economy. Perum Bulog was specifically instructed to provide and distribute subsidized rice to the poor and families suffering from food insecurity with an emphasis on the procurement of rice from local farmers.
The Raskin policy implementation is under the responsibility of the Ministry of Home Affairs and Perum Bulog as stated in the Joint Letter of Ministerial Decree with the Director of Bulog No. 25 in 2003 and the number of PKK-12/07/2003. The implementation of the Raskin program involves related agencies, local governments, and society as a whole.

III. Research Methodology
3.1 Research Design
This study was designed based on the theories of qualitative research experts: First, JW Creswell (1994) stated: "Research that is guided by the qualitative paradigm is defined as an inquiry process of understanding a social or human problem based on building a complex, holistic picture, formed with words reporting detailed views of informants, and conducted in a natural setting ". Secondly, Lincoln and Guba (1985: 198) suggested that apart from revealing the real events, qualitative research is also expected to show the hidden values of a text. Thirdly, Lexi L. Moleong (1994: 3) stated that qualitative research is a procedure that produces descriptive data in the form of people writing or speaking and behavior that can be observed. Accordingly, the descriptive method examines the status of human groups, objects, systems of thought or the events in the present and aims to create a description, a picture or painting in a way that is systematic, factual and accurate in terms of facts, properties and relationships between the phenomena investigated (Nazir, 1988: 63).

3.2 Research Background
The presented research is based on several factors that were considered by researchers. According to Lexi L. Moleong (1994: 4), the best way to be taken in the determination of background research is to defend the substantive theory: go and explore the background to see if there is compliance with the reality that is in the background. Limitations of geography, time, effort, and costs must be taken into consideration in the determination of background research.
Penelitian ini menggunakan dua teknik pengumpulan data, yaitu: (1) wawancara dan (2) dokumentasi. Triangulasi dalam penelitian ini mengacu pada Moleong (1994: 5) dengan menggunakan kriteria: (1) derajat kepercayaan dengan cara: (a) melaksanakan proses inquiry sedemikian rupa sehingga tingkat kepercayaan pemenuhan dapat tercapai, dan (b) hasil-hasil temuan dibuktikan dengan kenyataan ganda dengan cara melakukan pengamatan terus-menerus dan cermat fenomena-fenomena yang berkaitan dengan fokus penelitian; mengumpulkan referensi; dan melakukan member check Nasution, 1988: 14); (2) transferability; dan (3) dependability and confirmability.

3.3 Data Sources, Data Collection Techniques, and Triangulation
According to Moleong (1994: 12) the main source of data in qualitative research are words and actions; the rest, in the form of documents and others, is additional data. Thus, the data sources with regard to the research problem at hand are: (1) Key informants: Informants were selected via a snowball sampling technique, namely: the Head of District, BPD, LPM, and the population of Raskin recipients; (2) places and events (observation of phenomena that appear in the background of the research) (3) documents that are relevant to the research problem (policies related to Raskin, regional regulations, field notes, photographs and images).
This study used two data collection techniques, interviews and documentation. Triangulation is based on Moleong (1994: 5) by using the following criteria: (1) The degree of confidence by (a) carrying out the inquiry process until a confidence level of compliance can be achieved, and (b) proving the findings by double-checking the facts with continuous observations and phenomena closely related to the focus of the study; collecting references; and conducting member checks (Nasution, 1988: 14); (2) transferability; and (3)  dependability and confirmability.

3.4 Data Analysis Techniques
The data analysis techniques used are based on Miles and Huberman’s procedure (1992: 112) which are: The field data described in a detailed report (data reduction);  a data display; and a conclusion.

IV. Results and Discussion
The results of this study are described and discussed in reference to the research focus. Description of the research results are organized as follows.

4.1 Implementing Organization Management Raskin
In the implementation of the Raskin program it is necessary to organize the Raskin program executor.
The organization of the Raskin program management consists of (1) the Coordination Team of the Provincial Division; (2) the Work Unit of the Raskin Program Management in the district: (3) the Coordination Team of the Raskin Program Management in the district; (4) the Distributor Working Group (DWG); (5) the Raskin Distribution Location in the district; (6) the District Council; and (7) the Public Complaints Unit. The Raskin Coordination Team at the provincial level is established by the governor's decision and consists of: Provincial government, Biro Sarana Perekonomian (Bureau of Economic Means), Biro Bina Produksi (Bureau of Production Development), BPMD, BAPEDA, BPS, BKKBN, Perum Bulog, Regional Division, Police, Judiciary, and related stakeholders. Within this team there is Perum Bulog Provincial Divison work unit formed by the Division Chief in charge of coordinating the implementation of the Raskin program in every Sub Division.
Work Unit of Raskin Program Management in District is a work unit of Perum Bulog Sub Division formed by the Head of Sub Division who is in charge of transporting the rice from warehouses into the distribution point and gives them to the distributor. The Raskin District Coordination Team is established at district level led by the chairman of the sub-district as the head and the members are police, manager of KB program and the District Census Coordinator who are in charge of coordinating the implementation of Raskin in the District.

4.2 Working Group of Raskin Program
Distributor Working Group is formed by district deliberation based on the Letter of the Head of District along with the district officers, district institution and community elements whose tasks are to distribute Raskin to the people in need. The district council is a forum of communication in a district-level which establishes the poor households (RTM) that have right to receive Raskin. The poor households, furthermore, are the receiversof Raskin in a district chosen according to the results of socio-economic data collection in 2005 by the BPS. They are are categorized as very poor, poor, and near-poor. The Raskin being distributed is the quality of rice standardized by Bulog in the range of medium quality rice, good condition, and free of pests. Public Complaints Unit is an institution established by the Governor’sand the Regent’s decision in a district/city which functions are to receive and act on complaints.

V. Definition and Management Principles of the Raskin Program
To determine the level of insight of each execution of the Raskin program, it is necessary to understand the fundamental concepts of the Raskin program and its principles need to be applied as effectively and efficiently as possible in the field.

5.1 Definition and Management Principles of Raskin Program
All executors from the national level down to the individual villages need to understand the definition and principles of the implementation policy of the Raskin program as this is a crucial requirement for the success of the policy. From the data above it can be concluded that the policy of the Raskin program and its principle were understood very well and had been implemented effectively and efficiently. The data shows the planning, execution, control and preservation of the Raskin program policy primarily on the district level. It also shows that the program had been considered beneficial and that the Raskin recipients could feel the helpfulness of the program. The transparency of the program has given access of information to the distributors and recipients of Raskin who know and understand the program and its principles.

5.2 Raskin Policy Implementation
The implementation of the Raskin policy starts with a poverty assessment that needs to be accurate in order to achieve target level of benefit intended by the program. Poverty measurement can be divided into two levels: (1) the measurement of macro poverty and (2) the measurement of micro poverty. Macro poverty measures are required on various levels of the districts, from the provinces down to the village, as one of the tools that can be used in determining the regional target. Micro poverty measures are required for the determination of poor households by using an operational criteria that can easily be used to identify eligible households. Thus, characteristics of the individual households are assessed. In addition, two criteria of BKKBN disadvantaged families can be used in targeting beneficiaries. However, when targeting Raskin recipients this year a poor criterion of BPS was used. BPS uses the test method of proxy means testing based on the contextual framework (i.e., the variables of poverty in each district or city are not always the same).
The results showed that there are several factors responsible for missing the target of Raskin recipients. Among of them are: (1) The investigator capacity is uneven and is not supported by adequate training and guidance; (2) the subjectivity of the investigator and the chairman of the Local Environment Unit is high enough to register RTM; (3) the screening of households does not follow the exact procedure suggested; (4) the investigator does not always come to the households investigated; (5) indicated the presence of a target households allotment to the environment level; (6) the use of a less sensitive indicator of poverty in accordance to the socio-economic conditions of the household as a whole; and (7) the concept of Raskin-targeted households is not defined explicitly.
Regarding the targets of regional allocation according to the number of poor people, targeting the environment in the target accuracy level is varies, and the indication of a poor household registration was less selective

5.3 Raskin-targeted recipients
Based on the data and informatin, it becomes clear that the concept of the average for the district population becomes the way out to provide assistance of Raskin. This proves that the concept of poor people is not expressly stated and that it experiences difficulties in determining poor households, whereas there has been an existing criterion used. Thus, the interests of the target groups are accommodated through the monthly meetings. The quality of rice is becoming a quite serious problem.

5.4 Raskin Quality
The data above underscores that people basically understood who the target group of Raskin was. However, because of societal conditions the joint management community agreed to equally distribute Raskin benefits to all citizens. This even distribution hints at mistakes during the process of determining the poor within a local population.

5.5 The Problem of Raskin Program Implementation
The problems with accurately determining poor households as targets are caused by the determination of the mechanism or target identification. Criteria and mechanisms for determining or measuring poverty are very important. Nevertheless, the concept and measurement of poverty itself is disputed by many.

VI. Raskin Distribution Patterns
The approach of the Raskin policy implementation demonstrates the effectiveness and efficiency levels to reach the right targets in the field. Target accuracy depends on the system or the Raskin distribution pattern.

6.1 The Pattern of Raskin Program Implementation
With regard to the approach, the head of the district is to be responsible for settlement payments of HPB and administration of the Raskin benefits distribution in the district. Thus, the head of district can select and assign one of three alternatives, which are: (1) working group (WG); (2) village shop (Wardes); and (3) community groups (Kopmas). These three alternatives are approaches which are expected to accommodate the real need within community.

6.2 The Formation of the Village Groups
The formation of village shop and community groups is stipulated in the Technical Guidelines as a part of the General Guidelines of the Raskin program. Observations with regard to the distribution pattern of Raskin show that limited planning time has led to a “forced” implementation of the Raskin distribution. Such time constraints also negatively affect the successful implementation at each stage of the whole program, resulting in wrong targets (mistargeting).  Thsi refers to both non-poor recipients of Raskin (leakage) and eligible households which do not receive benefits (undercoverage).

VII. Raskin Benefits to Society
Although the socialization aspect of the Raskin program policy is still not satisfactory, the benefits for Raskin recipients are the main concern of the Raskin program policies. In general, the target households feel satisfied, as do the village officials and village community leaders.

7.1 The Benefit to Society
Judging from the way of the Raskin search, it is certainly very satisfying. This was confirmed by residents who are not recipients of Raskin, but do have family members who are. However, some village officials disagree as they consider Raskin to be a "program that only gives the fish, instead of the hook". There are also some village officials who embrace the Raskin program, all on target implementation. Raskin recipient communities feel a positive impact of the Raskin program because they assess that the presence of the program does not affect the work ethic.

7.2 The Evaluation of the Raskin Program Regards Raskin  Recipients
Based on the data described above it can be inferred that the communities of Raskin recipients are very happy and evaluate the program as helpful for the fulfillment of basic food needs, such as rice, even if they only receive 5 kg per household at a price of IDR. 2000/kilogram, based on the price of IDR. 1,600 per kg for 15 kg per family according to the Raskin budget. Most of the targeted households feel that the distribution of rice to the poor has brought benefits, in such a ways that they will at least be able to meet the needs of food for one week.

VIII. Conclusions and Recommendations
8.1 Conclusion
Based on the results above, we can conclude that:
1. The Raskin program management organization has adequate policies to implement the program at all levels of government and all organizational structures. There are six levels of organization management of the Raskin program which are the team coordination, work units, distribution points, discussion forums, and complaints units.
2. The rice distribution program for poor families is a social government policy. This program is an effort of the government to reduce the financial burden of poor households in order to increase their food security which was realized with 15 kg per household per month for IDR. 1,600 per kg. Raskin adheres to the principle that this program is a basic value that should be used as a cornerstone in any decision or action that will be performed in a series of activities. Such a basic value in the form of government support to poor households is to encourage them to take an active role in the planning, execution, control, and preservation.
3. The implementation of Raskin starts with the assessment of poverty that needs to be appropriate in order to achieve a target group that really fits the concept of the Raskin program policies and principles. Poverty measurement can be divided into two levels: (1) the measurement of macro poverty and (2) the measurement of micro poverty.
4. The head of the district is to be responsible for settlement payments of HPB and administration of the Raskin benefits distribution in the district. The head of the district can select and assign one of three alternatives, which are: (1) working group (WG); (2) village shop (Wardes); and (3) community groups (Kopmas). These three alternatives are appraoches which are expected to accommodate the real need of the local community.
5. The communities of Raskin recipients are very happy and consider the program helpful for the fulfillment of their basic food needs, such as rice, even if they only receive 5 kg per household at a price of IDR. 2000/kilogram, which is supposed to be 15 kg at a priceof IDR. 1,600 per kg per family according to Raskin BUDGET.Most of the targeted households feel that the distribution of rice to the poor have given benefits, at least they will be able to meet the needs of food in one week.

8.2 Recommendations
Based on the conclusions of this study, it can be recommended that:
1) For Raskin program managers
The researcher recommends that Raskin program managers from the national level down to the district level should always apply the program rules exactly as stated, particularly with regard to the implementation concept of Raskin, the poverty measurement, the right target group and distribution patterns that accommodate the needs of poor households consistently and transparently.

2) For Raskin recipients
It is recommended to poor households to deliver the real data and information on their socio-economic status honestly and consciously in order to improve their standard of living, so that mistargeting can be avoided.

3) For further research
Further research should focus on methods of measuring community poverty levels and causes for these communities ‘position of poverty.

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Law
Constitutional and Legal Recognition Over the Traditional Adat Community within the Multicultural Country in Indonesia: A Genuine or Recognition?

Prof. Dr. I Nyoman Nurjaya

Abstract

Indonesia is well known as a multicultural country in Southeast Asia in term of its ethnic, religion, racial and social stratification. It is Unity in Diversity, which is reflected in the official motto of the State to describe the social and cultural diversity of Indonesia. The diversity refers to a cultural configuration which reflects the National identity of Indonesia, containing cultural capital and cultural power. However, cultural diversity yields conflict that could potentially generate social disintegration due to inter-ethnic and inter-religious disputes that may result in the disintegration of Indonesia as a Nation State. In the eyes of legal anthropologists, sources of conflicts are based on discriminatory policies expressed within State’s law and legislations in line to the recognition and protection the existence of local communities, namely traditional adat communities spread out in the region. Thus, State laws enacted and enforced by the Government tend to dominate and marginalize as well as ignore the rights of the local communities particularly over access and control natural resources they depend on based on the customary adat law in the region. The paper attempts to offer an answer to the fundamental question whether the 1945 Constitution recognises and protects the traditional communities and their customary adat law by employing a legal anthropological approach with the purpose of obtaining a better understanding regarding the development of State law in a multicultural Nation toward a more just and equitable State law of Indonesia.

Keywords: traditional adat, multicultural country, customary adat law, legal anthropological approach.

I. Introduction
Indonesia has been well known as a multicultural country in terms of its ethnic, religion, culture, and social stratification. It is, therefore, an official motto of the State namely Unity in Diversity (Bhinneka Tunggal Ika) reflected the empirical social and cultural diversity of Indonesia. Territory of Indonesia which lied down from Sabang (North Sumatera) to Merauke (West Papua) contains richly natural resources, as well as cultural resources spread out in the region.
On the one hand, the diversity refers to a cultural configuration which reflects the Nation identity of Indonesia, in which on the empirical circumstance forming elements that establish Indonesia as a Nation State. The mentioned cultural diversity  has been a cultural capital and cultural power as well that generate dynamically the life of Nation State of Indonesia. But, on the other hand, these of cultural diversity contain yields of conflict that could potentially generate a situation of social disintegration. It is because the inter-ethnic and inter-religious community disputes bring sensitively about the consequence of disintegration of Indonesia as a Nation State. It is said that conflicts could not be avoided within human interaction; conflicts and tensions inherent within the life of community, wherever, whenever and within every kind of society. Hence, for the case of Indonesia, it will become a fact if the conflicts could not be managed and handled wisely by the Government and all components of society in the country.
In the last more four decades Indonesia has increasingly been facing by conflict that based on cultural pluralism such as emerged in Aceh Province, Abepura and Timika of West Papua, Sampit and Palangkaraya of Central Kalimantan, Pasuruan and Situbondo of East Java, Mataram of West Lombok, Lampung of South Sumatera, Poso of Central Sulawesi, and Pontianak and Sambas of West Kalimantan. Those conflicts look like inter-ethnic conflicts that caused by the conflict of values, conflict of norms, and conflict of interest between ethnic communities in the multicultural country of Indonesia.
Besides, it also could be observed that cases of law over natural resources tenure and management have been increasing in accordance with the implementation of national development in various sectors namely industry, agro-industry, transportation, transmigration, settlement and real-estate, as well as commerce and tourism industry.
Conflicts over natural resources ownership and use were primarily caused by differentiation both interest of natural resources control and tenure, as well as differential perception to deal with environment and natural resources law between Government and the local people. In this sense, the Government tends to enforce State law and regulations to control and manage natural resources in the name of national development, and on the other side the local traditional people namely the adat communities (masyarakat hukum adat) employs their own customary law which is called adat law (hukum adat) to control and manage their environment and natural resources in the territories they depend on.
In the perspective of legal anthropologist, source of the conflicts is naturally based on the discriminated policy and treatment of the Government that expressed within State law and regulation enactment in line with the recognition and protection of rights of the local adat communities over natural resources access and tenure and management. In this respect, those of State laws that particularly enacted and enforced by the Government tend to dominate and marginalize the local values, traditions, religion, as well as the customary law of traditional communities’ ignorance in the region.
It is conventionally stated that basic function of the law is to keep social order and protect legal order in maintaining function of law as a tool for social control and ordering of society. In doing so, another function of the law is remains improved to be an instrument of orderly change namely social engineering. In the development of complexity society within Nation State such functions of law then questioned whether the role of State Law could also be improved as an instrument for maintaining and strengthening social integration within multicultural Nation State.
It is interesting to analyse such kind of legal phenomenon for the purpose of obtaining a better understanding whether cause of the conflicts originally based on the inter-ethnic disputes or the question of State’s ideology and policy of the Government which defined within the 1945 Constitution and State’s law and regulations. The paper attempts to offer the answer of the said fundamental question by employing legal anthropology approach in order to find another atmosphere in building a better understanding holistically regarding whether the 1945 Constitutional defines a genuine or pseudo recognition and protection to the traditional adat communities especially over natural resources rights and tenure?

II. Ideology of the State in Recognising and Protecting Traditional Adat Community: Legal Anthropology Point of View
Anthropological studies with regard to the function of law as system of social control within society have primary been conducted by anthropologist. It is, therefore, recognized that anthropologists offered more significant contribution in relation to the development of concept of law as instrument of securing social control and legal order within the dynamic life of society. Anthropologist  have focused their study upon micro- processes of legal action and interaction. They have made the universal fact of legal pluralism a central element in understanding of the working of law in society, and they have self-consciously adopted comparative and historical approach and drawn the necessary conceptual and theoretical conclusion from this choice.
In this respect, law has not been studied by anthropologist the only as a product of logic abstract of a group of people that mandated particular authority, but largely as a social behavior  of society. Hence, law has been studied as product of social interaction which strongly influenced by other aspects of culture namely politic, economy, ideology, religion etc. In other words, law has been observed as part of culture as a whole integrally with other elements of culture, and studied as social process within society.
It is difficult articulate a precise definition of law that capture the multiple aspects and actions of the State. In this regards, Hart argued to use the concepts of rule and authority to bring law into focus in analyzing the role of law in the State. Law must be understood as generic, and the term used in a way that is general enough to embrace all legal experience. That is the reason why Moore then formulated law as a short term for a very complex aggregation of principles, norms, ideas, rules, practices, and the agencies of legislation, administration, adjudication and enforcement, and backed by political power and legitimacy.
Law is a definitional characteristic of the State and an object of efforts of the State to order and control its territory and natural resources contained therein. It is therefore importance to pay attention the role of law as ideology, and to analyze how the State establish and enforce the ideology. In the case of Indonesia, it is clearly observed that law was developed and employed as ideology to order and control the territory of Indonesia and natural environment contained therein. This clearly defines within Preamble of the 1945 Constitution that states: “.......to form a Government of the State of Indonesia which shall protect all the people of Indonesia and control the territory and natural resources contained therein mainly for the purpose of improving prosperity and public welfare, educate the life of the people, and to participate toward the establishment of a world order based on freedom, perpetual peace, and social justice.
Such Preamble naturally reflected main goal of the establishment Unitary State of Indonesia, as well as kind of ideology that should be used for foundation in order to nation and character building of the country. Therefore, this ideology reaffirms particularly in Article 33 paragraph (3) of the 1945 Constitution that states: “The earth and water and natural resources contained therein should be controlled by the State and shall be utilized for greatest prosperity of the people”. Key words of the ideology of the State in controlling and managing natural resources has been “...should be controlled by the State”. and “shall be utilised for greatest prosperity of the people”.
In relation to recognition and protection of the indigenous people of Indonesia which is called the adat people and communities (masyarakat hukum adat) that spread out in the region,  the Article 18B paragraph (2) of the 1945 Constitution defines that “the State recognises and respects the adat communities and their traditional rights as long as these remain in existence, and are in accordance with the societal development, and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by the law”. In this sense, key word of the Article that should seriously be paid attention is “..... as long as ....”. It means that the 1945 Constitution defines an officially restriction that the existence of adat people in the country will the only be recognised and respected by the State as long as they fulfill abstract and certain conditions namely still in the really life,  living as and in the civilized society, and not in contradiction with principle of the unitary State, and shall be regulated by the State’s law.
The said conditions have more been reconfirmed on the State’s legal instruments that regulate natural resources control and management in the territory of adat communities in the region such like the Basic Agrarian Act No. 5 Year 1960 that deal to lands tenure and use,  Forestry Act No. 41 of 1999 pertaining to forest resources control and management, Biological Diversity Conservation Act No. 5 Year 1990, Spatial Use Act No. 24 of 1992, Water Resources Act No. 7 of 2004, Plantation Act No. 18 Year 2004, Fishery Act No. 31 of 2004, Coastal Zone and Small Islands Management Act No. 27 of 2007, Mineral Mining and Coal Act No. 4 Year 2009, and Human Environment Protection and Management Act No. 32 Year 2009. Such conditions of as long as  that defined in the mentioned Acts in line to recognition and respection of the adat people come to consequence that clearly restrict and neglect  rights of adat communities to control as well as manage and utilise natural resources they depend on for survive in the territory. Besides, customary law of the communities that reflect traditional environmental wisdom were automatically dominated and subordinated and ignored as well by the State’s Acts over natural resources tenure and management and use.
In fact, the adat communities were in existence for years and generations, living in peace in the certain territory mostly in and around forest area or coastal zone and small islands, control and manage their natural environment they depend on under the supervision of their-owned customary adat law, a long period of time before independent day of Indonesia on August 17, 1945. It shows that such ideology and character of State’s law in which conditions of as long as attached as legal instrument to restrict rights of the communities in contradiction with the principle of ad prima facie. Which one is prior and posterior in existence in the territory of Indonesia, whether the traditional adat communities or Nation State of Indonesia? It is generally recognised that adat people and communities in the country were naturally basic elements of the establishment of Unitary State of the Republic of Indonesia.  
From legal anthropology point of view such ideology brings to the consequence that the State law tends to dominate, marginalise, and even ignore folk law of the local communities namely customary law which remains naturally in existence as living adat law in the country. Eventhough, customary law declared as the only basic principle over the Basic Agrarian Act of 1960, but the capacity of adat  law in such position and standing remain needs further clarification in the context of  Indonesia’s system of law. In this sense, as pointed out by Hart that the position of adat law within the State law could be mentioned as the rule of recognition. The fundamental question as appeared whether it is a genuine recognition or pseudo recognition? In my opinion, the recognition of adat law within the State law is pseudol recognition as to be intended by Hart. It is because of the attached strictly condition of as long as  within the 1945 Constitution and a number of Acts pertaining to  natural resources resources control and tenure, condition of which bring about consequence that legal standing and capacity of customary adat law had been decreased in the level of both State’s ideology and legislations. In other words, this is the so called pseudo-constitutional and legal recognition of the adat community rights over natural resources include their-owned customary adat law. 
What could be criticise from these mentioned legislations in relation to the State’s ideology is legal position and capacity as well as legal recognition of traditional adat communities  within the life of Nation State of Indonesia.  In one hand, adat communities and their-owned customary law have been officially recognized by the 1945 Constitution and legislations. But, on the other hand, the existance of adat communities has been restricted with condition of as long as in the sense of recognition and protection within the Constitution and State’s law.  It means that eventhough clearly stated that natural resources law regarding the earth, water and air space, including natural resources contained therein, is basically  customary adat law,  the word of as long as have decreased its legal position and capacity as the only foundation of State’s ideology and legislations.
In other words, the attached conditions of as long as  goes to prove that adat law was actually subordinated to the State’s natural resources  law in the level of ideology and legislations. What then could be concluded from this brief description of the fact legal plurality in multicultural country of Indonesia? The answer seems to be clear that fundamental principle that customary adat law should form the basis of State’s law is so heavily qualified because of the word as long as attached in the 1945 Constitution and legislations. We must doubt seriously whether it can in fact continue to do so. There is certainly little room for the view that the legislature has supported or under written adat as mainly source of resources  law, except to the extent that it does not conflict with the limits imposed upon it. In line to the political of national law development that structured by the Government, this could be the so called the State’s political of ignorance in term the existence of adat people and communities, as well as their rights over natural resources tenure and utilisation include ignoring the living customary law as legal entity in the total system of national law.  
In the level of implementation and enforcement it could really be witnessed that in many cases customary adat law neglected and ignored by the State law in the time tensions and conflicts between Central and the Regional Governments and local adat communities over natural resources control and tenure appear in the regions of Indonesia. It could really be observed that the Government tends to disregard rights of the local adat communities in term of their access, control, and utilisation resources of the local people. In natural and empirical condition the traditional adat communities were powerless to meet the Government in the time their traditional rights over territory and natural resources contained therein were neglected and ignored and demised under the name of national development.
In this respect, John Bodley said that the people in which their traditional adat rights on natural resources and cultures neglected and ignored in the name of development were naturally “victims of development”. In his words Bodley states:
Government policies and attitudes are the basic causal factors determining the fate of tribal cultures, and that governments throughout  the world  are concerned primarily  with  the increasingly  efficient  exploitation of  the human  and  natural  resources  of  the  areas  under  their  control.  It is becoming increasingly apparent that civilization’s “progress” destroys the environment as well as other people and cultures.
Hence, it then could be understood why the national development implemented by the Government has been facing seriously difficulties and obstacles in the regions? It is because of its ideology of pseudo recognition of adat communities and State’s legislations that ignoring the existance and capacity of living customary law in the daily life of adat communities. State’s ideology and the legislation with regard to the recognition and protection of traditional adat communities and their customary law were both inconsistency in the level of the 1945 Constitution and uncertainty in the level of State’s law.
In summary, when we observed the development of national law in the country, it could be mentioned that the State law has become the idiom for expression of power to control its territory and manage natural resources contained therein, and has systematically ignored and neglected the legal position and capacity of customary adat law as a naturally living law of the traditional adat people in the country. It brings to the consequence that the natural resources control and management in the level of implementation and enforcement are mostly dominated by conflicts between Government and the local adat communities particularly over natural resources access and tenure. In this sense, the conflicts of which reflected on larger tensions between the central and regional Government and  the local  people  in most regions of Indonesia.
In order to obtain better understanding in relation to social and cultural context of law, our attention should be addressed to the relationship between law and culture. In this respect, that law is actually part of culture, and therefore law should be studied as an integral part of culture whole, and not regarded as an autonomous institution. Consequently, when we are speaking about the establishment of State law, other aspects of culture such as economy, politic and ideology must be taken into account. In fact, these aspects of culture powerfully influence in the development of State law. That is why, in a number of obstacles that faced from ideological, economical and political reasons can be observed in the establishment of national law both in the level of law making and implementation and enforcement as well. 
Law can not be understood without regard for the realities of social life. Thus, if we wish to clarify position and the capacity of adat law in the total structure of Indonesia, the social and cultural structure including law in particular, I encourage to employ the concept of semi-autonomous social field as introduced by Moore. In this regard, society was described as a social arena in which a number social fields have rule-making capacities, generate rules, customs, symbols internally, and the means to induce or coerce compliance that so called self-regulation or legal order. But, they are simultaneously set in a large social matrix which can, and does, effect and invade by its autonomy and means of legislation. Therefore, these social fields may be called as semi-autonomous social fields within the total structure of society.
The above theoretical framework is clearly significant in order to obtain better understanding with regard to such law issue in the total system of Indonesia’s law, particularly in understanding ideology of the State and the position and capacity of customary adat law as naturally living law of the traditional communities of Indonesia.

III. Discussion and Recommendation
From the legal anthropology point of view the form of law has not been the only legislation that shaped and enforced by the Government namely State law. In the daily life of communities it could also be observed the existence of religious law, as well as folk law, indigenous law or customary law as legal fact within human interaction, include self-regulation or inner-order mechanism which play an urgent role mainly as tool for securing social order, legal order, and social control within society. Therefore, it is confirmed that law as a product of culture comprises those of folk law, religious law, State law, and self-regulation/inner-order mechanism as well. This is the so called legal plurality situation within the dynamic life of society.  
The anthropological study of law focuses its study to the interaction between the law and social and cultural phenomenon which take place in society, as well as the work and function of law as instrument of social order and control in society. In particular words, legal anthropology refers to the study of cultural aspects which relate to the legal phenomenon of social order and legal order within society.  Hence, legal anthropology in the specific sense refers to the study of social and cultural processes in which regulation of rights and obligations of the people has been created, changed, manipulated, interpreted, and implemented  by  the people. In this respect, law as it is functioned for maintaining social control and order could be State law and other sort of social control mechanism which emerge and really exist as living law within communities namely folk law or customary law, and in the Indonesian term called adat law.  
Legal anthropology has also given attention to the study of legal pluralism phenomenon within society. Accordingly, we should think of law as a social phenomenon pluralistically, as regulation of many kinds of existing in variety of relationships, some of the quite tenuous, with the primary legal institutions of the centralized state. Legal anthropology has almost always worked with pluralist conceptions of law. As such, a legal fact of pluralistic generally refers to a situation of two or more system of law interact each other and co-existence in a social field. In other words, legal pluralism is employed to explain the existence of two or more legal systems that interact each other within a social field and the situation of legal phenomenon pluralistically is also intended to describe en empirical situation of two or more legal systems operate simultaneously in a social field. 
What has been elaborated above shows that basic of law is naturally lied down in society itself. Hence, if we do want to obtain better understanding about law within society comprehensively  that law should be studied as part of culture integrally with other aspects of culture such like politic, economy, ideology, social structure, clan system, system of religion etc. In other words, Friedman stated that law as a system particularly in actual operation is basically a complex organism in which structure, substance, and legal culture interact each other. Legal culture refers to those parts of general culture namely customs, opinions, ways of doing and thinking that bend social forces toward or way from the law and in particular ways. It is, therefore, the law naturally expresses and defines the legal norms of the community. 
Legal pluralism has conventionally been addressed to be in contradiction with the ideology of legal centralism namely an ideology of the State which enforce State law become the only officially law put into effect to all people within the territory of the State and natural resources contained therein. Such ideology legal centralism tends to disregarding the existence of adat community and other kind of legal systems such like folk law or customary law as living law within the life of adat communities in the country. That is why the recognition of adat community rights over natural resources defined and regulated within the State law as the only pseudo-legal recognition and not as genuine-legal recognition.
It has been outlined above that law from the perspective of anthropology studied as a basic system of social order and social control within society. Anthropologists have similarly concentrated on what they regards as law, typically the most formal and dramatic aspects of social control in tribal and other simple societies, although this often includes non-governmental as well as governmental process. Besides, law has also played its role as facilitation of human interaction as well as functioned as social instrument for dispute settlement that takes place within community. In the development of politically organized society namely Nation State, basic function of law has been increased and established as an instrument for social engineering in order to build a certain social condition which is intended by State and the Government in particular.
As the idea of law pointed out by Gustav Radbruch that all kinds of law is ideologically oriented firstly toward justice. A second element of the idea of law is expediency, suitability of purpose, and the third element of the idea of law is legal certainty that is the law, as an ordering of society, must be one order over all members of society and therefore it requires positive law. In this regard, the basic question remains appeared whether function and role of the State law could also be oriented toward maintaining and strengthening social integration within a multicultural country such like Indonesia.
It is a fact that Indonesia is a multicultural country in terms of ethnic, religion, language, and social stratification, including the existence of multi-system of law namely State law on the one hand and customary adat law and religious law on the other hand. Those are working and putting into effect simultaneously toward all members of communities in the territory of Indonesia. Even so it could clearly be observed that since the last four decades the Government tended to enforce the ideology of legal centralism in the development of national law in the country. Consequently, large number of State legal products namely legislation and regulations indicated toward such like State’s policy of legal unification and codification, as well as legal uniformity enacted by the Government. This is the so-called rule-centred paradigm which brings the consequence of dominating, ignoring and marginalizing  the other system of living adat law that in the empirical legal fact put into effect and work much more effectively in the life of traditional adat communities in the region.
In this regard, such kind of political law development that employed by the Government has intentionally been directed and functioned as instrument of governmental social control, the servant of repressive power, as well as the command of a sovereign backed by sanction. It is a repressive instrumentalism in which law is bent to the will of governing power. Therefore, from the legal anthropology point of view, it could be said that source of legal conflicts that increasingly occurred in the last five decades in the region could initially be based on the employment of legal centralism paradigm in the establishment of national law. On the contrary, the empirical legal fact refers to social and cultural pluralistically in which local adat communities have capacity to create and develop their customary law in ordering society.
What should be carried out to establish a legal pluralism ideology and atmosphere is to reformulate legal policy of national law development with which the multicultural fact should absolutely be taken into consideration as a source of legal action in recognizing and protecting the real existence of traditional community and the living law in the country. This brings into consequence that in the process of State law making, those values and principles of customary adat law must be accommodated and responded as well as integrated into the system of national law in the form of State legislation. Hence, characteristic of State law that reformed by the Government is national law that expresses cultural diversity of Indonesia. In line to the types of law as introduced by Nonet and Selznick, this is the so-called responsive law namely that the State law is more responsive to the cultural diversity and traditional adat community needs in particular. That is the reason why the paradigmatic function of State law as instrument of social order and control, as well as a tool of social engineering could also be directed in strengthening social integration of the Nation State toward a just and equitable State law for the whole people of Indonesia.
To end this discussion let me quote the statement of John Griffiths which relate to the fact of legal pluralism within universally societies as follows:
Ideology of the legal centralism that is the law is and should be the law of the State, uniform for all persons, exclusive of all other law, and administered by a single set of State institutions. Those of other legal system are in fact hierarchically subordinate to the law and institutions of the State. Legal pluralism is the fact. Legal centralism is a myth, an ideal, a claim, an illusion. Legal pluralism is the name of a social state affairs and it is a characteristic which can be predicted of social group.

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