A LEGAL PROTECTION OF THE SUGARCANE FARMERS IN THE PERSPECTIVE OF A WELFARE STATE IN THE LOCAL AUTONOMY ERA

After the policy on the local autonomy is implemented, the legal protection of the sugar cane farmers has not yet been able to improve wellfare of farmers, due to some factors. First, the regulations have not taken sides to the welfare of the farmers and no synchronization exists, even there has been a disharmony in various regulations on the protection of the sugar cane farmers. Second, the farmers institutions have not been well organized, and this condition makes the bargaining position of the farmers weak when they face external powers, either the government or the capital owners. Third, land availability to plan sugar canes always decreases. The land possession of farmers is reduced among the macro-economic phenomenon. Ironically, at present 49.5% of farmers in Java and 18. 7 % farmers out of Java are not land owners. Therefore, philosophically, the legal protection of the sugar cane farmers in the future should still refer to the rechtides as stated in Pancasila （Five Basic Principles）. Sociologically, such a protection should reflect the factual condition, and give benefits for farmer welfare and juridically, synchronization and harmonization of the regulations should be quickly made.