scholarly journals Legal Policy of Legislation in the Field of Natural Resources in Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 108
Author(s):  
Herdiansyah Hamzah
Keyword(s):  
Natural Resources ◽  
Free Market ◽  
Market Competition ◽  
Future Generations ◽  
Constitutional Court ◽  
Legal Policy ◽  
The People ◽  
The Right ◽  
Control And Management ◽  
Gain Access

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

scholarly journals Legal Policy of Legislation in the Field of Natural Resources in Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 108
Author(s):  
Herdiansyah Hamzah
Keyword(s):  
Natural Resources ◽  
Free Market ◽  
Market Competition ◽  
Future Generations ◽  
Constitutional Court ◽  
Legal Policy ◽  
The People ◽  
The Right ◽  
Control And Management ◽  
Gain Access

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

scholarly journals Interpreting The State's Right to Control In the provisions of Article 33 Paragraph (3), The Constitution of 1945 Republic of Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 1-8
Author(s):  
Suparto Suparto
Keyword(s):  
Natural Resources ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Governing Body ◽  
The Earth ◽  
The People ◽  
The Right

Article 33 paragraph (3) of The Constitution Republic of Indonesia in 1945 stipulates that "Earth, water and natural resources contained therein controlled by the State and used for the people's welfare". Understanding of the earth (which is called land) according to the provisions of Article 1 paragraph (4) of Law Number 5 of 1960 concerning Basic Regulations on Basic Agrarian Issues is the surface of the earth and the body of the earth underneath it and which is under water. The meaning of the provisions of Article 33 paragraph (3) in The Constitution of 1945 is that the State as the highest power organization of all people (the nation) acts as the Governing Body. The right to control the State or be controlled by the State in this article does not mean "owned", but in the sense of giving authority to the State as the highest power organization of the Indonesian nation. The Constitutional Court elaborated State's Right to Control becomes 5 (five) authorities whose purpose is as much as possible for the prosperity of the people, including: (1). Formulate policy (beleid), (2). Make arrangements (regelendaad), (3). Carry out management (bestuurdaad), (4). Carry out management (beheerdaad), and (5). Supervise (toeichthoudensdaad). The earth, water and natural resources contained in the earth are the main points of people's prosperity, therefore they must be controlled by the State and used for the greatest prosperity of the people.

scholarly journals The Protection of the Interests of Future Generations in the 10-Year-Old Hungarian Constitution, With Special Reference to the Right to a Healthy Environment and Other Environmental Issues

2021 ◽  
Vol 16 (31) ◽  
pp. 130-144
Author(s):  
János Ede Szilágyi
Keyword(s):  
Natural Resources ◽  
Environmental Issues ◽  
Future Generations ◽  
Constitutional Court ◽  
Healthy Environment ◽  
Open Questions ◽  
Christian Culture ◽  
The Common ◽  
Fundamental Law ◽  
The Right

The present study is inspired by the tenth anniversary of the new Hungarian Constitution, known under the name of Fundamental Law, which was adopted in 2011 and entered into force in 2012. In this study we analyse the ten-year old Fundamental Law and its constitutional practice with regard to the important challenges and tasks of the 21st century, namely how the protection of the interests of future generations and the environment are reflected in it. Particularly important elements of the study are (a) the institutional guarantees of the relevant provisions, such as the provisions relating to the Constitutional Court and the Advocate of Future Generations, (b) the concept of GMO-free agriculture in the Fundamental Law, (c) the theses of the Constitutional Court practice on the prohibition of retrogression and the precautionary principle, (d) new interpretative frameworks and possibilities arising from other values of the Fundamental Law, such as the provisions on Christian culture, (e) the open questions of interpretation of the Fundamental Law on waste and the environmental liability regime, (f) the priority protection of natural resources, which are the common heritage of the nation, and last but not least (g) the particularly forward-looking integration of the interests of future generations in the rules on public finances and national assets.

scholarly journals Who are "the people" in the German Constitution? A critique of , and contribution to , the debate about the right of foreigners to vote in multilevel democracies

2020 ◽  
Vol 24 ◽  
Author(s):  
Jelena Bäumler
Keyword(s):  
South Africa ◽  
Voting Rights ◽  
Constitutional Court ◽  
Federal States ◽  
The People ◽  
German Constitution ◽  
Multi Level ◽  
Multiple Levels ◽  
Right To Vote ◽  
The Right

ABSTRACT Democracy means power to the people, but it is not always clear who belongs to "the people". The question has become pertinent in the age of migration where large groups of foreigners permanently reside outside their countries of nationality. The economic, cultural, and political integration of these foreigners is one of the pressing problems faced by democratic States in both the developed and developing worlds. One question is : whether resident non-citizens should be granted the right to vote. The answer to this question depends on who belongs to "the people". In federal and quasi-federal States with multiple levels of government the further question arises : whether "the people" is a homogenous concept that applies uniformly across all levels of government. This article contributes to the debate about the right of foreigners to vote in democratic States with multiple levels of government, such as, South Africa and Kenya. It does so by discussing the German response to the problems mentioned above. The dominant view of the German Federal Constitutional Court since the 1990s has been that "the people" only includes "German citizens" , and that attempts by lower levels of government to extend the right to vote to foreigners from Africa and elsewhere are unconstitutional. In this article I explore and critique this conventional view. I then present a positive case for the extension of voting rights to resident non-citizens under the German Constitution. Many of the arguments would apply with equal force to the debate about the right to vote of foreigners in African multi-level democracies, such as, South Africa and Kenya. Keywords: Denizenship, Citizenship, Voting rights, Nationality law, Multi-level government, The people, Foreigners, Residents, Affected persons principle, Democracy.

scholarly journals Fundamental Law pillars of sustainable agriculture

2020 ◽  
Vol 15 (29) ◽  
pp. 104-117
Author(s):  
Péter Hegyes ◽  
Csaba Varga
Keyword(s):  
Sustainable Agriculture ◽  
Natural Resources ◽  
Animal Species ◽  
Arable Land ◽  
Future Generations ◽  
Constitutional Court ◽  
Native Plant ◽  
Cultural Assets ◽  
The Common ◽  
Fundamental Law

The purpose of the paper is to introduce the legal practices of the Constitutional Court in connection with the ‘sustainability clause’ of the Fundamental Law in relation to natural resources. Subsection (1) of Article P) of the Fundamental Law is in the centre of the research, according to which: „Natural resources, in particular arable land, forests and the reserves of water, biodiversity, in particular native plant and animal species, as well as cultural assets shall corm the common heritage of the nation; it shall be the obligation of the State and everyone to protect and maintain them, and to preserve them for future generations.”

scholarly journals Legal Reasons Underlying Demonopolization by State-Owned Enterprises in Indonesia

2019 ◽  
Vol 3 (2) ◽  
pp. 124
Author(s):  
Putu Samawati Saleh
Keyword(s):  
Free Market ◽  
Market Competition ◽  
Secondary Data ◽  
Constitutional Court ◽  
Problem Analysis ◽  
Global Competitiveness ◽  
Fair Competition ◽  
Efficiency And Effectiveness ◽  
History Of Law ◽  
The Republic

Demonopolization policy towards PT. PLN (Persero) and PT. Pelindo (Persero) conducted by the Indonesian government is aimed at enhancing efficiency, the effectiveness of state-owned enterprises (SOEs), as well as global competitiveness. The rationale in determining the demonopolization policy towards the two SOEs is based on the concept of neo-liberalism market economy, which promotes efficiency and effectiveness on free market competition. The concept of neo-liberal economics is contrary to the concept of democratic economics. The concept of democratic economics based on the 1945 Constitution of the Republic of Indonesia prioritizes fair efficiency. It is the reason for the Constitutional Court to return monopoly rights to PT. PLN (Persero) as an electricity provider in Indonesia. The argue of monopoly policy or demonopolization policy of SOEs is the main problem that will be elaborated through normative research methods (documentary research) by using secondary data as the main data. Problem analysis was done by qualitative juridical through of statute approach, philosophy approach, and history of law approach. This paper provides the reason of the policy of monopoly exemption on SOEs business activities, as well as the foundation of SOEs demonopolization policy taking into consideration the constitutional basis of Article 33 of the 1945 Constitution. The concept of demonopolization of SOEs is a new one that has never been described in the Indonesian literature. As a result, the demonopolization of SOEs does not divert SOEs into private companies but rather attempts to present competitors to SOEs to be able to compete in fair competition. In another side monopoly of SOEs can be implemented towards managing important production branches that control the livelihoods of many people. It is evidence of the state’s role in ensuring the welfare of its people.

scholarly journals POLITIK HUKUM PENGUATAN FUNGSI NEGARA UNTUK KESEJAHTERAAN RAKYAT (Studi Tentang Konsep Dan Praktik Negara Kesejahteraan Menurut UUD 1945)

2017 ◽  
Vol 6 (3) ◽  
pp. 337
Author(s):  
Agus Riwanto ◽  
Seno Wibowo Gumbira
Keyword(s):  
Welfare State ◽  
Economic System ◽  
Free Market ◽  
The State ◽  
Constitutional Amendment ◽  
Social Spending ◽  
Liberal State ◽  
Legal Policy ◽  
The People ◽  
State Functions

According to the constitution, the state concept in constitutional practice can be divided into two opposite poles, namely welfare and liberal state. They have different characteristics in which the first concept (welfare state) requires a strong and extensive state functions to regulate an economic justice, on the contrary the second concept (liberal state) relies on the free market economy which state’s role should be marginalized. Sosio-legal research is used in this article. Based on the Article 33 of Indonesian post constitutional amendment of 1945, Indonesia embraced the concept of welfare state. Yet, the practice sociologically tends to embrace a liberal state that is not suitable with the welfare of the people. There are challenges, in the context of liberal state, faced by Indonesia, such as applying the capitalist economic system. We may fight the capitalist economic system by two legal policy, namely: first one, we may re-create the role of state functions as a controller and regulator of the economy. The second one, we may increase the state income through taxes along with the higher social spending to achieve the social welfare and economic justice.Keywords: welfare state, the constitution of 1945, legal policy

scholarly journals Vivienda social: necesidades comunes, caminos comunes y dificultades comunes. La experiencia uruguaya.

2021 ◽  
pp. 207-221
Author(s):  
Benjamín Nahoum
Keyword(s):  
Free Market ◽  
Public Funding ◽  
Legal Framework ◽  
Social Production ◽  
Successful Model ◽  
Collective Ownership ◽  
Housing Cooperatives ◽  
The People ◽  
Housing Cooperative ◽  
The Right

This paper attempts to describe a particularly successful model of social production of habitat, that of Uruguayan housing cooperatives, which has already been developed for more than half a century, linking it with the conclusions of studies on the management of common goods by the people own selves by the Elinor Ostrom. Uruguayan housing cooperative´s characteristics and central aspects are analysed. Main singularities of the system are self-management, direct involvement of future users throughout their work or savings, and collective ownership of the houses, granting the right to use and enjoy to households. Subsequently, it is made a brief presentation of Ostrom’s work on commons and the Uruguayan cooperative model is taken up considering these concepts. This paper concludes that this social housing model would have great potential if had the support of the governments, currently oriented to free market, throughout development of an adequate legal framework, public funding, and access to land.

FAULT-FREE ECONOMICS: PROPHETIC PERSPECTIVES

2020 ◽  
Vol 19 ◽  
Author(s):  
Abdul Rashid
Keyword(s):  
Primary Objective ◽  
Future Generations ◽  
Human Society ◽  
The People ◽  
Short Period ◽  
The Reformation ◽  
The World ◽  
Right Reason ◽  
The Right ◽  
Holy Man

Allah commanded the Prophet Muhammad (ﷺ) to inform the people in the following way: O' my people, do you see whether I am on the (right) reason from my Lord Who provided me with the best subsistence, and I only intend to reform as far as possible, and whatever my capacities are, they are from Allah upon whom I have trust and revert to Him (for guidance and help.) In this verse, the Qur'an has given the words that Hazrat Shoaib (A.S) used for the reformation of his nation. This also makes obvious the fact that the primary objective of the advent of Messengers has been the reformation of society. This great reformatory work was performed from Hazrat Adam (A.S.) up till Hazrat Isa according to the prevalent situation of their times. But after these holy personalities, their followers tampered with their teachings. Subsequently a personality was sent (by Allah) who in the light of the divine teachings pledged to reform not only his own people but the whole world. This holy man was Hazrat Muhammad (ﷺ) who came to this world fourteen hundred and sixty years ago as Mercy for All the Worlds By virtue of his magnanimity, he turned the darkness of the world into light. He reformed the society, uprooting all the evils of the human society, in such a manner that this society, corrupt for centuries, instantly turned into one that became exemplary for future generations. In other words, he, Muhammad (p.b.u.h) reformed the worst society of the world successfully, effectively and in a very short period of time.

Property Rights, Future Generations and the Destruction and Degradation of Natural Resources

2014 ◽  
Vol 0 (0) ◽  
Author(s):  
Dan Dennis
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Good Life ◽  
Future Generations ◽  
The Good Life ◽  
Next Generation ◽  
Primary Goods ◽  
The Right ◽  
At Will

AbstractThe paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” (in roughly Rawls’ sense) which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits a “Commonwealth” of natural resources plus compensation (plus, perhaps, other things donated to the Commonwealth). It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation.Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth (e.g. that gallon of oil) to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual.

Sign in / Sign up

Export Citation Format

Share Document