Property Rights for Natural Resources Management in Indonesia: Have They Been Ruled Unconstitutional? (original) (raw)
Related papers
Comment Traditional Land Rights Before the Indonesian Constitutional Court
2014
for excellent research assistance and the Australian Research Council for funding this research (projects DP110104287 and DPI095541). COMMENT TRADITIONAL LAND RIGHTS BEFORE THE INDONESIAN CONSTITUTIONAL COURT Simon Butt* TABLE OF CONTENTS 1. Introduction 2. The Constitutional Court and Natural Resources Cases 2.1 Jurisdiction 2.2 Standing 2.3 Aspects of Decision-making 2.4 Enforcement 2.5 Court's Jurisprudence in Natural Resource Cases 3. Traditional Rights before the Constitutional Court 3.
Legal Politics of Environmental Protection and Management in Indonesia
Zenodo (CERN European Organization for Nuclear Research), 2022
This paper examines the position of Law No. 32 of 2009 concerning Environmental Protection and Management as a legal product based on the legal ideals of Pancasila and examines the legal politics of the position of Law No. 32 of 2009 concerning Environmental Protection and Management so that it can become a legal product that creates environmental sustainability. This paper uses a normative juridical method. The results of this paper indicate that Law No. 32 of 2009 concerning Environmental Protection and Management has a position under the goals of the Indonesian state, namely to create a good and healthy environment that makes people prosperous. It has been stated in Article 65 that everyone has the right to a good and healthy environment as part of human rights. The legal politics of Law Number 32 of 2009 concerning Environmental Protection and Management in accordance with the provisions of Article 28 H paragraph (1), Article 33 paragraph (3), (4) and (5) of the 1945 Constitution, which is the state's legal policy in managing the environment and use of natural resources.
Analysis of Natural Resources Management in Indonesia: Environmental Law Perspective
International Journal of Social Science and Public Policy, 2021
Natural resource management covers a wide spectrum of activities and projects because it has implications for the unity of the sub-national, national, and supranational territories in which these natural resources are managed. The purpose of this research is to investigate, analyze, and make efforts to solve problems related to natural resource management in Indonesia from an environmental law perspective. This study uses a normative and qualitative juridical approach and uses primary, secondary, and tertiary data as its sources, especially on studies of natural resource management from a legal perspective. The results of the study found that environmental law in Indonesia cannot be separated from an understanding of the development of global commitments, both those that function as guidelines (international soft law) and those that are binding (hard law) in the form of laws and regulations related to natural resource management policies in Indonesia. should be implemented consisten...
Indonesia Constitutional Court Decision on Customary Forests
The court reviewed Law Number 41 Year 1999 ("Forestry Law") as it applied to indigenous peoples and "customary" forests. The central issue was whether the inclusion of customary forests as part of State forest pursuant to arts.: 1 pt. 6, 4 para. 3, and 5 para. 2 of Forestry Law violated the 1945 Constitution. The Court held that the Forestry Law violated the Constitution because it fails to take into account the historical aspects of indigenous claims over their customary lands in Indonesia.
Indonesia Law Review, 2013
After the annulment of the Coastal Water Concessions (HP-3) in 16 June 2011, traditional fisher folk organization leaders found a great fighting spirit to further follow-up the Constitutional Court Ruling to support their daily lives. For those who are being "evicted" from their living space (the coastal waters), they want to reclaim their rights through constitutional ways. Likewise, those who (feel to) have lost their existence as Indonesian traditional fisher folk are impatient to find out whether there is a breakthrough in the Constitutional Court Ruling that can restore the fisher folk's family way of life. The ruling itself was complex and not easy to understand: 169 pages, with complex writing systematic and typical legal language. For this reason, the analysis of the Constitutional Court Ruling regarding the Judicial Review on Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands was necessary in order to provide a simpler representation of the Constitutional Court Ruling, and one that is expected to trigger a constructive discussion to implement the favorable parts of the decree for the greatest welfare of the people.
Legal Politics of Water Resources Management in Indonesia: Environmental Perspective
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, 2018
Water is a vital component for all living things. It needs the rules, both in the form of legislation and traditions norms of society, so that the benefits can be felt by all parties. The aims of this article is to understand about the legal politics of water resources management in Indonesia from environmental law perspective. The research method used in this research is normative juridical research method. The results explain that regarding water resources management, Constitutions places the State as the ruler of water resources. In practice, the state divides its management authority to private parties, thus causing water privatization. This condition is contrary with environmental law point of view.
Conflict of Law Regarding Natural Resource Management in Indonesia
International Journal of Criminology and Sociology, 2020
Law on natural resource management in Indonesia only deals with each sector, which results in a frequent conflict of law between laws in one sector and another. To prevent such conflict, Indonesia requires one comprehensive, integrated, and synergic law regarding the natural resource management in order that each law in this sector does not conflict. In addition, Indonesia also needs to actualize harmonization, revision, and invalidation of law, and even needs to establish new law in natural resource management.
Discourse on Creating a Special Environmental Court in Indonesia to Resolve Environmental Disputes
2020
The purpose of this study is to determine the regulation of laws and regulations regarding environmental justice in Indonesia and how the concept of building environmental justice in the justice system in Indonesia. This research can be useful both practically and theoretically, practically. The research method used by researchers is the evaluative analysis method, which is a method of gathering and presenting data obtained to analyze the actual situation and then rational analysis is carried out based on juridical references through library research. The results of the research Regulations on the environment are already available namely Law Number 32 of 2009 concerning Environmental Protection and Management and building an environmental justice system starting from improving human resources namely the Supreme Court by consistently educating and training judges with knowledge of aspects of environmental law life that will later handle environmental cases; The Supreme Court makes a ...
Asia Pacific Viewpoint, 2018
This paper reviews the emerging effects of the 2012 decision of the Constitutional Court of Indonesia relating to the customary management of Indonesia's traditional forests. It focuses on the challenge of moving from legal to political and societal recognition of Indigenous peoples' rights. In its advocacy of customary land rights, Aliansi Masyarakat Adat Nusantara (AMAN) successfully applied to the Constitutional Court for judicial review of the Forest Law 41 1999. It argued the law breached the constitutional rights of its members in permitting the state to permit exploitation and development rights over traditional forest without their consent. The flow-on effect of allocating such rights included widespread deforestation and land use change without agreement from customary communities that have used and occupied these forests for centuries, thus ignoring traditional customary law that regards these forests as the property of such communities. The paper reflects critically on international experience in the interface between legal recognition of Indigenous peoples' rights, and their translation into sustainable and meaningful societal transformation.