scholarly journals TELAAH SOCIOLEGAL TERHADAP TERWUJUDNYA KEDAULATAN HAK ATAS SUMBER DAYA AIR

2015 ◽  
Vol 4 (2) ◽  
pp. 219
Author(s):  
Ria Casmi Arrsa
Keyword(s):  
Water Resources ◽  
Paradigm Shift ◽  
Legal Framework ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Design ◽  
Popular Participation ◽  
The Earth ◽  
The People ◽  
The Republic

<p>Amanat Pasal 33 ayat (3) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyebutkan bahwa, “Bumi dan air dan kekayaan alam yang terkandung di dalamnya dikuasai oleh negara dan dipergunakan untuk sebesar besar kemakmuran rakyat”. Namun demikian dalam ranah praktek penyelenggaraan negara maka pengelolaan Sumber Daya Air di Indonesia mengalami pergeseran paradigma pasca ditetapkannya Undang-Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air yang cenderung mengarah pada praktek privatisasi sehingga sering memicu terjadinya konflik sosial. Untuk mengkaji permasalahan yang ada, maka dalam penulisan karya ilmiah ini menggunakan metode Socio Legal . Dapat disimpulkan bahwa pergeseran paradigma penguasaan sumber daya air oleh swasta dan/atau pihak asing yang bersifat monopoli dan eksploitatif memiliki potensi untuk menimbulkan konflik sosial. Untuk itu diperlukan revisi terhadap ketentuan Undang- Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air guna mewujudkan kedaulatan atas Sumber Daya Air dan melakukan harmonisasi dan sinkronisasi hukum terhadap aturan pelaksanaan dari Undang-Undang tersebut. Pemerintah juga perlu melakukan identifikasi guna mengeluarkan kebijakan agar sumber daya air dimasukkan dalam kategori bidang usaha yang tertutup dari penanaman modal.</p><p>Mandate of Article 33 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945 states that, “The earth and water and natural resources contained therein shall be controlled by the state and used for maximizing peopleprosperity”. Constitutional design is essentially gave birth to the idea of Neo-Socialism of Indonesia nations toward the management of water resources oriented to the overall prosperity of the people. However, in the realm of the state governing, practice management of water resources in Indonesia experienced a paradigm shift after the enactment of Law Number 7 year 2004 regarding Water Resources which intended to lead of privatization practices that potentially lead to social conflict. The constitutional court through the Constitutional Court Decision No. 85/ PUU-XII/2013 opened a new chapter in the management of Water Resources Indonesia directed at political reconstruction prismatic design rights law Mastering State Upper Water Resources based on the values of social justice and popular participation in order to ensure the realization of the people’s sovereignty on Water Resources. The final goal of this study was expected tobridge formation of paradigmatic legal framework for the management of water resources in order to reach future welfare.</p>

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 The Constitutionality of State Authority Over Water Resources Management Based on Human Rights Principles

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ricko Anas Extrada ◽  
Kamarusdiana Kamarusdiana
Keyword(s):  
Human Rights ◽  
Water Resources ◽  
Private Sector ◽  
Research Methods ◽  
The State ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Resources Management ◽  
Library Research ◽  
The People

This study aims to analyze the dichotomy of the implementation of privatization of water resources by the private sector that occurs in Indonesia and the responsibility for managing water resources by the state in terms of human rights principles. In accordance with the mandate of the constitution which is affirmed in Article 33 paragraph (3) that "Earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." This research uses normative legal research methods, while the approach used in this study is a statutory approach and library research methods as well as a conceptual approach that will be harmonized with statutory provisions. The results of this study indicate that the state has the responsibility in managing water resources in accordance with the mandate of the constitution to guarantee, protect and fulfill human rights to water. Water management by the private sector (water privatization) which is monopolistic, exclusive and materialistic is not in accordance with the spirit of the constitution and the basis of the Indonesian state. Moreover, based on the decision of the Constitutional Court which annulled the Water Resources Law, it obliges that the management of water resources be carried out by the state in order to realize social welfare.

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 Strategi Penguatan Pengelolaan Bersama Minyak dan Gas Bumi di Wilayah Laut

2018 ◽  
Vol 15 (1) ◽  
pp. 140
Author(s):  
Cut Asmaul Husna TR
Keyword(s):  
Government Regulation ◽  
Oil And Gas ◽  
Central Government ◽  
Geological Structure ◽  
The State ◽  
Constitutional Court ◽  
Joint Management ◽  
The People ◽  
The Republic ◽  
The Government

Kondisi tatanan tektonik dan geologi Aceh memiliki prospek untuk dilakukan eksplorasi dan pengembangan serta produksi Minyak dan Gas Bumi, baik di Wilayah Darat maupun di Wilayah Laut. Penemuan cadangan Minyak dan Gas baru di Aceh diharapkan dapat meningkatkan Penerimaan Negara dan Penerimaan Pemerintah Aceh dalam membangun infrastruktur dan Ketahanan Energi Aceh untuk melahirkan kembali industri-industri skala internasional. Ketentuan dalam Pasal 3 Peraturan Pemerintah Nomor 23 Tahun 2015 Tentang Pengelolaan Bersama Sumber Daya Alam Minyak dan Gas Bumi di Aceh, kewenangan pengelolaan Migas pada Wilayah Laut 12 (dua belas) sampai dengan 200 (dua ratus) mil laut yang merupakan Zona Ekonomi Eksklusif (ZEE) dikelola dan dilaksanakan Pemerintah Pusat dengan mengikutsertakan Pemerintah Aceh. Tafsir dalam 3 (tiga) Putusan Mahkamah Konstitusi No. 002/PUU-I/2003, 20/PUU-V/2007 dan Putusan Mahkamah Konstitusi No. 36/PUU-X/2012 tentang Uji Materiil Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 bahwa penguasaan negara terhadap sumber daya alam dan cabang-cabang produksi yang penting bagi negara dan menguasai hajat hidup orang banyak dimaknai sebagai mandat yang harus dilaksanakan oleh pemerintah untuk mengadakan kebijakan (beleid), pengurusan (bestuursdaad), pengaturan (regelendaad), pengelolaan (beheersdaad), dan pengawasan (toezichthoudensdaad) untuk tujuan sebesar-besarnya kemakmuran rakyat.Conditions of tectonic and geological structure in Aceh prospect for explorating and producing Oil and Natural Gas, either in onshore or offshore. The discovery of Oil and Gas news reserved in Aceh is expected to increase the Central Government Take and Aceh Government Take to build infrastructure and Aceh’s Energy Security to regenerate industries on an international scale. The provisions in Article 3 of the Government Regulation Number 23 Year 2015 concerning Joint Management of Natural Resources Oil and Gas in Aceh, the joint management authority of Oil and Gas in Offshore 12 (twelve) to 200 (two hundreds) nautical miles of an Exclusive Economic Zone (EEZ) is managed and held by the Central Government to include the Government Aceh. Commentary within 3 (three) Decision of Constitutional Court Number 002/PUU-I/2003, 20/PUU-V/2007 and Decision of the Constitutional Court Number 36/PUU-X/2012 of Judicial Review of Law Number 22 Year 2001 concerning Oil and Gas (Oil and Gas Law) Against the 1945 Constitution of the State of the Republic of Indonesia the meaning of “controlled by the state” must be comprehended to include the meaning of a wide-ranging state occupation, as a result of the people’s sovereignty concept. The people, collectively constructed by the 1945 Constitution, provide a mandate to the state to conduct policy (beleid) and functions of administration (bestuurdaad), regulation (regelendaad), management (beheersdaad) and supervision (toezichthoudensdaad) for the greatest prosperity of the people.

scholarly journals Legal Implications of the Norms Conflict in the Governance Regulation of the Water Resources

2020 ◽  
Vol 9 (1) ◽  
pp. 17-23
Author(s):  
Indro Budiono ◽  
Moch. Bakri ◽  
Moh. Fadli ◽  
Imam Koeswahyono
Keyword(s):  
Water Resources ◽  
Public Interest ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Colonial Era ◽  
The Public ◽  
The People ◽  
Legal Implications ◽  
The Republic

AbstractArrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic water resources is in line with the existence of Law No. 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law No. 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic part of this research is using an investigation strategy. The results showed that the article in Law No. 17 of 2019 proves that the production branches that are important for the State that control the public interest can not be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets cannot be used so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

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.

Restructuring of State Enterprises as a Prerequisite for Economic Growth in the Republic of Serbia

2021 ◽  
Vol 59 (1) ◽  
pp. 1-22
Author(s):  
Edvard Jakopin ◽  
Aleksandar Gračanac ◽  
Jugoslav Aničić
Keyword(s):  
Economic Growth ◽  
Institutional Environment ◽  
Legal Framework ◽  
The State ◽  
Balance Sheets ◽  
State Sector ◽  
Business Operation ◽  
Exogenous Shocks ◽  
The Republic ◽  
State Enterprises

AbstractThis study of the performance of state-owned enterprises in Serbia has shown that the state has great difficulties managing the enterprises that are in its portfolio and under its control. The adaptation of state-owned enterprises to exogenous shocks unfolds at a slow pace and is faced with many problems. The institutional environment for the strategic restructuring of the state sector is not in the service of strengthening the efficiency of its business operation. The study has shown that the economic performance of state-owned enterprises exerts a direct influence on economic growth, the budget, government balance sheets, and debt. While the “healthy” enterprises (the ones conducting their business successfully) are valuable state-owned property, enterprises with a loss or over indebted enterprises are obligations which demand intervention through the injection of additional capital or through other forms of help from the state. The main goal of restructuring state-owned enterprises is to improve responsibility and efficiency. The array of measures for improving efficiency ranges from modifications of the legal framework and corporate governance of socially owned enterprises (including corporatization and separation of activities) to the sale of property to the private sector or complete privatization. Reforms are aimed at improving the transparency and responsibility of state-owned enterprises, not just for the purpose of efficiency, but also for the purpose of harmonization with the ethical and deontological requirements.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Constitutional and legal status of the Constitutional Council of France

2020 ◽  
pp. 138-141
Author(s):  
Andrey Irkliienko
Keyword(s):  
Legal Status ◽  
The State ◽  
Constitutional Court ◽  
Dual Nature ◽  
National Assembly ◽  
Binding Force ◽  
The Republic ◽  
Made In

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.

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