Suchergebnisse

Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are the rights of Indigenous Peoples that have been managed and maintained for generations based on their local wisdom. Indigenous Peoples must be involved in investment activities through the involvement of Indigenous Peoples from the beginning of the planning stage to provide input and other involvement in share ownership of investment or business activities.Purposes of the Research: This research was conducted with the aim of knowing and analyzing the form of fulfillment of the involvement of Indigenous Peoples in the implementation of investment activities.Methods of the Research: The research conducted is normative. For this reason, the problem approaches used are: a statutory approach, a conceptual approach, and a human rights-based approach. The sources of legal materials used consist of primary legal materials and secondary legal materials. And then the legal materials are collected for inventory and used in the analysis of the problems raised.Results of the Research: The fulfillment of the rights of Indigenous Peoples to customary territories and rights to manage natural resources in investment activities has not been fully realized. The government must ensure that the fulfillment of the rights of Indigenous Peoples in investment activities is accommodated and not violated in the preparation of laws and regulations. So that the legal certainty of the involvement of Indigenous Peoples in investment can be fulfilled, in the form of involvement from the planning stage to the implementation of the investment.

Article 18B The 1945 Constitution of the Republic of Indonesia recognizes and respects the traditional rights of indigenous community. Article Number 14 of Law Number 12 Year 2011 in conjunction with Article Number 236 paragraph four (4) of Law Number 23 Year 2014 guarantees the formation of Regional Regulations based on regional characteristic. It is a normative research, using the approach of legislation and conceptual approach. It is necessary to amend Law No. 23 of 2014, especially in relation to the formation of Regional Regulations based on regional characteristics. Law Number 32 Year 2004 along with its implementing regulations and Law Number 23 Year 2014 do not specify the rules for the establishment of Regional Regulations based on regional characteristics.

The present study investigates the consequences of supervisory law on the regional regulations with local characteristics. The study is normative with regards to the commandment and conceptual approaches. The consequences of supervisory law on the regional regulations with local characteristics, according to Article Number 251 verse 1 and 2, are dismissed ('vernietigbaar'). 'Vernietigbaar' is 'ex nunc' that means 'since the moment'. As a consequence of the law, the dismissal of regional regulations is valid until it is issued by the regional government. Due to the existing supervisory law performed by the Supreme Court, the judge declares the regional regulations 'invalid' since they are lack of powerful relevant laws. The Regional Government took a legal action on the issue of dismissed regional regulations by submitting an objection to the Supreme Court.

Formation regulation must meet the indicator does not contradict the legislation ofhigher and not contrary to public interest. If both indicators are not met in the establishmentof a law, then in the evaluation by the Government, there apabil established law contrary tothe legislation of higher and contrary to public interest, the Government may cancel a legalproduct. Indicators of general interest in the cancellation law is vague norm, because thisindicator is to open a space for the Government to make the interpretation of the meaning ofpublic interest norms. Very complex public interest, public interest is not always to beunderstood as a national interest, regional interest may also be the public interest because itincludes all interests in the communal areas. Interest means the area of interest to allindividuals in the region as a whole.

Introductioan: The regent's authority in the rural scope is the authority to regulate the administration of regional areas that fall within the scope of his government administration, namely the village or sub-district.Purposes of the Research: The purpose of this paper is to find out the Authority of the Appointment and Inauguration of the King of Tulehu by the Head of the Central Maluku Regency Government.Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods.Results of the Research: The Regent is not authorized to stipulate and inaugurate the Head of the Tulehu State Government who is directly and publicly elected and is not in accordance with the customary law applicable in the Tulehu State because the Central Maluku Regent's authority as stated in PERDA Kabupaten Maluku Tengah No 3/2006 is stated to only inaugurate and In the process, it is given to the customary law procession of each customary land to carry out the nomination process as part of the State's recognition of the existence of the customary law of the community which is still valid today. The legal consequences of the presence of the Central Maluku Regent's Decree are: SK for Replacement of State Sanir Number: 147 - 512 of 2019. and SK of Ratification of New State Sanir Number: 141.05 - 522 of 2019.

Introduction: Law Number 3 of 2009 concerning the Supreme Court Article 31A paragraph (2) guarantees the existence of a customary law community unit and has the right to submit an application to the Supreme Court in terms of statutory regulations deemed that their rights are detrimental to the customary law community unit. However, customary law communities, especially in Ambon City, do not exercise their rights.Purposes of the Research: This writing aims to find out how the implementation of the right to submit requests for judicial review of statutory regulations under the law by indigenous peoples according to Article 31A of Law Number 3 of 2009 concerning the Supreme Court. Methods of the Research: The type of research used is juridical empirical. The procedure for collecting legal materials by conducting research in the form of interviews and observations as well as literature study of legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively.Results of the Research: The results obtained are that the implementation of the right to file an application has not been carried out properly by the customary law community in Ambon City, due to the lack of action taken by the local government in providing understanding to the community about the rights they have.

Introduction: Government Regulation in Lieu of Law Number 2 of 2020 has provided a legal basis for the implementation of the Pilkada in 2020, the voting was conducted in December 2020.Purposes of the Research: This writing aims to find out and understand about the right legal products in the implementation of regional elections during the Pandemic.Methods of the Research: The research method used is normative juridical. which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The issuance of Government Regulations in Lieu of Law Number 2 Year 2020 is not yet correct, There have been too many changes that have emerged for Law No. 1 of 2015. Then Based on Appendix II number 237 of Law no. 12 of 2011, the Government should understand that if a change in laws and regulations results in a change in systematics, the changed material is more than 50%, or its essence changes, it is better if it is revoked and rearranged in a new form. Parameters of Matters that forced the issuance of Perppu Number 2 of 2020, namely First, the Non-natural disaster Pandemic Corona Virus Disease 2019 (Covid-19) which has caused many casualties; Second, namely the absence of law or there is a law but it is not sufficient

Introduction: Indonesia as a state of law in every policy taken by the government must be in accordance with the Indonesian legal system, including the formation of the ministry of investment which is regulated in law number 39 of 2008 concerning state ministries and consists of indicators for the formation of ministries.Purposes of the Research: This study aims to identify and analyze the legal basis for the formation of a state ministry and to determine whether the establishment of the investment ministry/investment coordinating agency is in accordance with Law No. 39 of 2008. Methods of the Research: This research uses normative legal research methods, statutory and conceptual approaches to collecting legal materials by means of literature studies and then analyzed.Results of the Research: The legal basis for the formation of state ministries is the 1945 Constitution of the Republic of Indonesia, Law 39 of 2008 and the issuance of Presidential Decree No. 72/P of 2021 and Presidential Decree No. 63 of 2021 and the establishment of the investment ministry does not consider indicators of efficiency and effectiveness.