This paper analyzed the regulation of natural resources in the 1945 Constitution. Regulations regarding the natural resources affairs in the Indonesian constitution can be found in Article 33 section (3) of the 1945 Constitution. The study’s objective is to discover how the clauses in the Indonesian constitution concerning natural resources are interpreted and applied in theory and practice. By using the normative juridical method, this paper discovers that the control of natural resources in the Indonesian constitution is constructed on the concept of economic management. As for the management of this economy, the state is obliged to apply a welfare state for the benefit of the Indonesian people.
In general, the Constitutional Court has the view that political parties that have seats in the DPR and/or members of the DPR already have legislative space and do not have the legal standing to review laws. However, there are a number of exceptions in many cases where political parties and members of the DPR are considered to have a special position even though they are also discussing the passed laws. This paper discusses the jurisprudential pattern of the Constitutional Court in granting special legal status to political parties and members of the DPR. Using the case approach method in collaboration with the comparison method this paper seeks to map the potential for testing with specific constitutional rights. The findings in this paper reinforce the concept that although the results of law formation in the legislature and legal review in the judiciary are equally binding for citizens, the process of law formation and legal review has a different character and these differences are beneficial within the framework of checks and balances.
This paper discusses disaster law evaluation in Indonesia after enacting Law Number 24 of 2007 concerning Disaster Management (Disaster Management Act). Several issues, such as the affirmation of the central and regional government’s authority, the role of Disaster Management Agency, and the accountability of emergency funds, are noteworthy to reform the Disaster Management Act in Indonesia. The methodology is legal, library-based research focusing mainly on primary and secondary sources. This paper argues that the amendment to the Disaster Management Act’s urgency is crucial to respond to some accelerations after a decade of the Disaster Management Act. Completing the Disaster Management Act is expected to be a comprehensive legal umbrella in guaranteeing citizens’ constitutional rights and duty when a disaster is in Indonesia.
This paper discusses the importance of revising the law on the Conservation of Biological Natural Resources and Its Ecosystems as a priority for national legislation programs. The three important reasons for the revision are accommodating conservation approaches, adapting to the principles of regional autonomy, and strengthening law enforcement. This revision is vital to deal with the widespread destruction of ecosystems and the theft of illegal species in Indonesia. Protection of biological natural resources is essential because it is one of the elements of environmental resilience. With the normative legal approach, this paper argues the importance of revising the law to ensure implementation in protecting Biological Natural Resources in Indonesia.
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