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 ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

A Study on the Hierarchy of Values

1998 ◽  
pp. 67-75 ◽  
Author(s):  
Tong-Keun Min
Keyword(s):  
The State ◽  
The Body ◽  
Human Being ◽  
Mass Killing ◽  
Regional Society ◽  
Absolute Truth ◽  
The Earth ◽  
It Education ◽  
Living Organisms ◽  
The Right

I attempt to look into the issue of the ranks of values comprehensively and progressively. Anti-values can be classified into the following six categories by ascending order: (1) the act of destroying the earth-of annihilating humankind and all other living organisms; (2) the act of mass killing of people by initiating a war or committing treason; (3) the act of murdering or causing death to a human being; (4) the act of damaging the body of a human being; (5) the act of greatly harming society; (6) all other crimes not covered by the above. Higher values can be classified into the following five categories in descending rank: (1) absolute values such as absolute truth, absolute goodness, absolute beauty and absolute holiness; (2) the act of contributing to the development and happiness of humankind; (3) the act of contributing to the nation or the state; (4) the act of contributing to the regional society; (5) the act of cultivating oneself and managing one's family well. Generally, people tend to pursue happiness more eagerly than goodness, but because goodness is the higher value than happiness, we ought to pursue goodness more eagerly. In helping people to get the right sense of values and to internalize it, education and enlightenment of citizens based on the guidance of conscience rather than compulsion will be highly effective.

scholarly journals Attaining Oil and Gas Sovereignty by Forming Indonesia Incorporate Businesses

2020 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Yoga Partamayasa ◽  
Rafiqi Anjasmara
Keyword(s):  
Natural Resources ◽  
Oil And Gas ◽  
Legal Reform ◽  
The State ◽  
High Income ◽  
The Other ◽  
The Earth ◽  
Other Hand ◽  
The People ◽  
Very High

<p>Oil and gas are non-renewable types of natural resources. On the other hand, in the current era human dependence on oil and gas is very high. To meet Indonesia's national needs for natural resources, Article 33 of the Indonesian Constitution has mandated that "the earth, water and natural resources contained therein be controlled by the state for the greatest prosperity of the people." But in its development the distribution of welfare over natural resources, especially oil and gas, has not been able to be well distributed in Indonesia. The "Jakarta Sentris" concept is still the basis for distributing natural resources, especially oil and gas. This makes regions that are rich in natural resources not necessarily have prosperous people and not necessarily high-income areas. Therefore, legal reform is needed in the field of oil and gas management by regions in Indonesia.</p>

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 MEMAHAMI PROBLEMATIKA HAK PENGELOLAAN TANAH KOTA BATAM Dalam Rangka Penetapan Batam sebagai Kawasan Ekonomi Khusus

Yurispruden ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 51
Author(s):  
Nur Hadiyati
Keyword(s):  
Local Government ◽  
Land Management ◽  
Status Quo ◽  
The State ◽  
State Control ◽  
The Earth ◽  
The People ◽  
The Status ◽  
Land Condition ◽  
The Right

AbstractLand is part of the surface of the earth that plays an important role in the life of the people whose control is in the state, one of the forms of state control over land is the management rights. Batam Island is a sucessful example of management rights on land. However, with the presence of the local governemnt, many new issues about the management of law are feared to emerge. The Management Rights on Batam’s land is obtained directly by the President who delegated to the Board of Mastery, so that the status of Batam land is divided into three namely: (1) the land above the management right by  Enterprise (in Indonesian we called it Badan Pengusahaan); (2) land above the management of Batam City Local Government; (3) land managed by the state. Dualism of authority to manage Batam’s Land caused problems as follows: Establishment of Kampung Tua, Status quo on land in Rempang Galang area, mismatch of land condition in Batam City with letter of decision by Ministry of Forestry, and the complexity of permit process, which hampered the development of Batam City. So by understanding how the implementation of Management Rights on Land will be enlightment to find a solution to the problem of dualism of land management authority and formulate the right policy in the framework of determining Batam as a Special Economic Zone.Keywords : Batam, Management Rights, Agrarian, Special Economic Zone,  Abstrak            Tanah merupakan bagian permukaan bumi yang memegang peranan penting dalam kehidupan masyarakat yang penguasaannya diatur oleh negara, salah satu wujud penguasaan negara atas tanah adalah Hak Pengelolaan. Pulau Batam adalah salah satu contoh HPL “sukses”. Namun, dengan hadirnya pemerintah kotamadya Batam, dikhawtirkan banyak persoalan baru di bidang pertanahan yang muncul. Hak Pengelolaan Batam diperoleh langsung oleh Presiden yang dilimpahkan kepada Badan Penguasaan, sehingga status tanah Batam terbagi atas tiga yaitu : (1) tanah diatas Hak Pengelolaan Badan Pengusahaan; (2) tanah diatas pengelolaan Pemerintah Daerah Kota Batam; (3) tanah pengelolaan negara. Dualisme kewenangan pengelolaan lahan terjadi di Kota Batam dan menimbulkan permasalahan sebagai berikut : penetapan Kampung Tua, Status quo pada tanah dikawasan Rempang Galang, ketidakcocokan kondisi pertanahan di Kota batam dengan SK KEMENHUT, serta kerumitan proses perizinan, yangmana menghambat perkembangan Kota Batam. Maka dengan memahami bagaimana penyelenggaran Hak Pengelolaan dapat menemukan penyelesaian permasalahan dualisme kewenangan pengelolaan lahan dan merumuskan kebijakan yang tepat dalam rangka penetapan Batam sebagai Kawasan Ekonomi Khusus.Kata Kunci : Batam, Hak Pengelolaan, Tanah, Agraria, Kawasan Ekonomi Khusus.

scholarly journals KONSEP IQTHA’ PEMBERIAN TANAH KEPADA MASYARAKAT DALAM PEMIKIRAN EKONOMI AL-MAWARDI (STUDI KITAB AL-AHKAM ALSULTANIYYAH)

2017 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Mujahidin Mujahidin
Keyword(s):  
The State ◽  
Vacant Land ◽  
Waste Land ◽  
The Earth ◽  
The People ◽  
Head Of State ◽  
Open Land ◽  
The Republic ◽  
No Man's Land ◽  
The Right

Land is part of the earth as the ultimate gift of God which is governed by the State and used for the greatest prosperity of the people as mandated by the 1945 Constitution of the Republic of Indonesia. This research will raise the concept of iqtha 'in Islamic government through Al-Mawardi's thought in his book al-ahkam al-sultaniyyah by comparing it with the Indonesian land management sistem. The purpose of this study was to find out the concept of iqta 'in Islamic governance through the thinking of AlMawardi in his book al-ahkam al-sultaniyyah. Al-Mawardi in his book that iqtha is the giving of land to the community by the head of state, but the land that can be given is land which is his authority, namely no-man's land and abandoned land and no one manages it in the Indonesian context. bertuan but wild land (waste land) or referred to as vacant land and it is all controlled by the State except those cultivated by the community or residents with rights originating from the right to open land.

scholarly journals IMPLEMENTATION OF ARTICLE 3 LAW NUMBER 4 OF 2009 CONCERNING MINERAL AND COAL MINING IN THE GRANTING OF EXPLORATION MINING BUSINESS LICENSE

PRANATA HUKUM ◽  
2021 ◽  
Vol 16 (01) ◽  
pp. 13-25
Author(s):  
Anggalana ◽  
Dery Putra ◽  
Chandra Reformasi
Keyword(s):  
Natural Resources ◽  
Coal Mining ◽  
Government Agency ◽  
The State ◽  
Mining Activities ◽  
The Earth ◽  
Mining Investment ◽  
The People ◽  
The Republic ◽  
The Government

Indonesia is a country rich in natural resources. Therefore, the Government isexpected to be able to manage these natural resources with the aim of people's welfare in accordance with the mandate of the Constitution of the Republic of Indonesia 1945 as stipulated in Article 33 paragraph (3) which reads "The Earth, water and natural resources contained therein are controlled by the state and used for the greater prosperity of the people ". Article 3 of Law Number 4 Year 2009 concerning Mineral and Coal Mining provides guidelines for the government in the implementation of mining business activities and to support the implementation of licensing of mining business activities. The issue of how to implement the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province and how to supervise mining business activities in Lampung Province. The method used uses normative and empirical juridical research. The implementation of the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province has been running but not yet maximal because the permit process is too long so that the purpose of the implementation of mining business activities is not achieved. The suggestion is that the license for exploration mining activities must be carried out by one government agency / agency, in order to facilitate the process of obtaining the permit in order to support the effectiveness of mining activities and the cycle of domestic mining investment, especially in Lampung Province.

Menakar Konstitusionalitas Kebijakan Redistribusi Tanah untuk Lahan Pertanian dalam UU No. 19 Tahun 2013

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Wildan Humaidi
Keyword(s):  
Natural Resources ◽  
Government Policy ◽  
Judicial Review ◽  
Agricultural Land ◽  
The Other ◽  
Constitutional Court ◽  
Land Redistribution ◽  
The Earth ◽  
The People ◽  
Form Of Government

Land redistribution is government policy to implement Article 33 Paragraph (3) of the 1945 Constitution, where the people is the holders of authority over the earth, the water and the other natural resources of Indonesia. In fact, the land redistribution in Law No. 19 of 2013 about the Farmers Protection and Empowerment, specifically Article 59 which states "convenience for Farmers to obtain Agricultural land as referred to in Article 58 paragraph (3) point  a given in the form of leasing rights, concession permits, management permits, or utilization permits", considered to have violated the constitution. Through judicial review, the Court has issued Decision No. 87 / PUU-XI / 2013 and consider the phrase "leasing rights" to be contrary to the 1945 Constitution. This article attempts to elaborate two main problems; the form of government policy about land redistribution for agricultural land inthe  Law Number 19 of 2013 about  the Farmers Protection and Empowerment and the constitutionality of state land redistribution for agriculture in the Constitutional Court Decision No. 87 / PUU-XI / 2013.

scholarly journals The Agrarian Law Policy in the Control of Residence by Expatriates in Indonesia

Notaire ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Corina Ealen Meilan Danu ◽  
Ketut Ketut Briliawati Permanasari ◽  
Wilujeng Wilujeng Jauharnani ◽  
Ria Ria Yunita Sari
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
International Law ◽  
The State ◽  
The Other ◽  
State Responsibility ◽  
Place Of Residence ◽  
The People ◽  
The Republic ◽  
The Right

The state has the right to control the land, waters and natural resources contained therein to achieve the greatest benefit of the people. According to the provisions of Article 9 paragraph (1) and Article 26 paragraph (2) of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, property rights may only be owned by Indonesian citizens. Based on these conditions, expatriates cannot have a residence in Indonesia. On the other hand, Indonesia as a subject of international law has the responsibility in protecting the right of expatriates to dominate residence in Indonesia. In this study, the state responsibility for the provision of residence for foreigners and the regulations that provide space for expatriates in the mastery of residence in Indonesia will be discussed. In international law, there are principles of state responsibility. This principle mandates that the state guarantees protection of foreigners, including the place of residence for foreigners. The development of regulations in Indonesia provides a solution to the control of residence by expatriates. The legal solution offered is the control of residence with a tenancy agreement between expatriates and homeowners who are Indonesian citizens or by using the right of use. The right of use a residence given to the expatriates is in the form of a single house and apartment units that are limited by the price and area of land in accordance with the applicable regulations.

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