Eksistensi Undang-Undang Sebagai Produk Hukum dalam Pemenuhan Keadilan Bagi Rakyat (Analisis Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012)

Abstract

Legislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people.

Assessment Professional Functions in Land Procurement of National Strategic Projects in Realizing Legal Certainty Principle

“…Various studies show that the trigger for conflicts related to land acquisition often occurs because the value of compensation/compensation given to affected communities is not given properly and fairly, lacks transparency and harms the community ( (Cintami, 2022b). In addition to problems related to injustice, (Wijayanti, 2013) stated that some land acquisitions carried out in Indonesia have not fully involved community participation, lack of counseling/socialization processes and meaningful public consultations on land acquisition plans carried out by parties who need land to the community, have not compiled land acquisition planning documents that are studied in depth in accordance with environmental conditions, socio-economic community and lack of involvement of parties/agencies that have authority related to land acquisition since the initial planning process. The uncertainty regarding the condition of community resettlement and what the sustainability of community life after land acquisition is also a dominant factor in the emergence of rejection in land acquisition.…”

Kepemilikan Common Property Pada Pengetahuan Tradisional

“…Maka demi kepastian hukum terhadap perlindungan hukum common property di Indonesia, perlu dibuat dasar hukum berupa undang-undang tentang common property. Terlebih bila dikaitkan dengan konsep negara hukum rechtstaat yang menghendaki agar setiap produk hukum harus memenuhi hak-hak dasar (groundrechten) sebagai sarana perlindungan hukum bagi rakyat (Wijayanti 2016).…”

Indonesian State of Law is an Aspired Concept

“…In enforcing the law, as stated by Gustav Radbruch, there are three elements that must be considered, namely legal certainty (rechtssicherheit), justice (gerechtigkeit), and benefit (zweckmassigkeit). 34 Legal certainty aims to guarantee the public from the arbitrariness of the government. Justice is a basic right that is accepted by society regardless of ethnicity, race, religion, position, and so on.…”