Suchergebnisse

The judiciary is an institution that should reflect on justice sought by justice seekers. But the fact is different; justice becomes one of the institutions with a high level of public distrust. The actual social capital has been present and is present in the community but has not yet been functioned and used further, especially by law enforcement officers making law enforcement in Indonesia far from expectations. In fact, the concept of modern justice has been triggered at international meetings that not only prioritize formal legal aspects but also the intellectual, emotional and spiritual aspects of law enforcement as well as social capital. In an effort to bring about a legal state with progressive legal practice will greatly depend not only on good legislation but much more dependent on law enforcement officials as implementers of the law

In the 21st century new world order, there is growing interest more than ever before in issues related to democracy and good governance around the world. This is a reflection of the increasing acceptance of the fact that democracy and good governance are not a luxury, but a fundamental requirement to achieve sustainable development. Parliament as of the key state institutions in a democratic system of governance have a critical role to play in promoting democracy and good governance. As the democratically elected representatives of the people, parliaments have the honourable task to ensure good government by the people and for the people. In the performance of their key functions of legislation, representation and oversight, parliaments encounter challenges that negatively affect their efforts in promoting democracy and good governance. The paper attempts to discuss the concept of parliamentary governance and the contribution of the parliament in consolidating democracy in Indonesia and Africa. This includes examining how parliaments respond to the growing public pressure for greater involvement, information, accountability and better service delivery to the citizens and the limitation of term offices ans one of the accountability processes. The paper argues that parliamentary governance is the basic parameter in assessing the progress of democracy in a country and concludes that lack of it is the source of poor governance with the attendant political, economic and social problems in a state.

The issue of human rights in Indonesia towards the 21st century has shifted from violations committed by the government during the new order to the issue of human rights violations by multinational companies (corporate crime), because of natural resources exploitation is directly proportional to the increase in human rights violations. Many cases of human rights violations by business actors that occur in the form of annexation and seizure of indigenous peoples land that occurs every year. One of the causes of the many cases of human rights violations against indigenous peoples is due to the loosening of permits given by the government to companies wishing to exploit natural resources. Strengthening the Permits principle can be used as a strategic step in reducing the number of violations of poverty that occur to indigenous peoples. Permits used as a means of controlling human behavior which results in rights and obligations born of licenses.

Hyper-regulation and disharmonization of regulations is a serious challenge in Indonesia. Ministry of Law and Human Right make a breakthrough stipulates regulation on Regulatory Dispute Resolution through Non-litigation. This mechanism is unique because commonly alternative dispute resolution (ADR) used in civil law however, this instrument exercised in constitutional law. There are two research questions: First, what are the typical characteristics of non-litigation regulatory dispute resolution on Indonesia norm harmonization system; Second, how is the legality of non-litigation regulatory dispute resolution, mainly based on constitutional perspective. Author use statute, conceptual, and historical approach as research methods. The research result found the typical characteristics of non-litigation regulatory dispute resolution that most distinguish from litigation resolution: the resolution institution is Ministry under the executive branch, the final results limited only give a recommendation, and the nature of recommendation not final and binding. Next, the legality of the authority found even though only regulated at the level of Ministerial of Law and Human Rights Regulation. However, in the analysis of constitutional interpretation methods shows clearly this authority is legally based (1) Textual interpretation; (2) Structural interpretation; (3) Prudential interpretation; and (4) Consensus interpretation. Although, by nature, this process limited to resolve the conflict between norms and overregulation because it is voluntary and the result only recommendation, but the important thing is it can open alternative resolution to stimulate the harmonization and streamlining of regulations.

The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesia's marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.

The government is perceived as the main perpetrator on violations of freedom of religion and belief in Indonesia. As the state organizer, the government frequently issues discriminatory regulations and policies and tend to cause intolerance to minority religions and beliefs, particularly to indigenous peoples. While freedom of religion or belief is a constitutional rights that cannot be reduced and is guaranteed universally in constitution and laws, the law provides limitation that causes ambiguity in the fulfillment of the rights of religion and belief. In addition, the government mindset still adheres to the term of "official religion" and "non-official religion" in any policy-making, causing adherents of minority religions and beliefs to be considered as cultural heritage to be preserved. This creates injustice, discrimination, intimidation and intolerance in rights fulfillment in state and society life. This paper discusses the existence of the guarantee of freedom of religion and belief for indigenous people and state liability for violations of freedom of religion and belief. This research used normative juridical method with statute approach and conceptual approach.

Ten years ago, the Constitutional Court Decision Number 3/PUU-VIII/2010 confirmed that the granting of concession rights for coastal waters (after this: HP3) by the government to private parties was contrary against the constitution, especially Article 33 paragraph (4) of the 1945 Constitution. Legislators then respond to the decision to revise Law No. 27 of 2007 as Law No. 1 of 2014 on the Amendment of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands. The revision has changed the HP3 regime from Law 27/2007 to the licensing regime in Law 1/2014. Unfortunately, these changes would lead to various juridical problems ranging from conflict between the laws and regulations under legislation that ultimately is potentially detrimental to the constitutional rights of coastal communities. This research focuses on juridical and sociological aspects related to the coastal communities protection of constitutional rights after the Constitutional Court Decision Number 3/PUU-VIII/2010. This research in-depth discusses the follow-up of the Constitutional Court decision a quo by legislators, central government, local governments, stakeholders, and the fulfilment of the constitutional rights of coastal communities. This research is normative legal research by examining the Constitutional Court decision Number 3/PUU-VIII/2010. The descriptive discussion used to understand coastal zone management law's politics to fulfil the constitutional rights of coastal communities. Besides, integrated coastal zone management (Integrated Coastal Zone Management) is a dynamic process, multidisciplinary, and repeated to promote sustainable coastal areas' sustainable management. It includes the whole cycle of information collection, planning, decision-making, management, and implementation monitoring.