And the other hand there is the constitutional court which has authority dealing to political and constitutional matters. On the one hand there is the Supreme Court which is surrounding general court, administrative courts, religious courts and military court. In the shape of the Constitutional Court made two judicial authority in Indonesia. In other approaches, several new state institutions were created during this period, such as Commissions Eradication of Corruption, Judicial Commissions, and the Constitutional Court. During ten years, there are 18 laws was made regarding natural resources (attached). In the field of natural resources has been revised and the establishment of new laws. Legal reform is carried out starting from the constitutional amendment and legislation reform. Reformation in law sector as called legal reform work to do by instrumental approaches like changing legislation and the establishment of new state agencies. The spirit of democratization was done with the reforms in various areas, one of them is in the field of law. Almost all dimensions of life change with spirit of democratization. Introduction Indonesia's political transition move from totalitarian New-Order regime to reformation regime taken by changes in many areas. Keyword: Indonesia, constitutional court, legal framework, rights to natural resources The last part concludes trends and factors determining Indonesia’s Constitutional Court to recognize or undermine communities’ rights on natural resources. Thirdly, an analysis of the decisions of the Constitutional Court and their contributions to strengthen communities’ rights over natural resources. Firstly, an introductory section that describes Indonesian political transition and its impact on the legal framework on natural resource Secondly, a legal analysis on natural resources laws and their stipulations on communities property rights the extent to which the agenda of neo-liberalism has infiltrated into these laws. Due to the enhanced role of Constitutional Court in legal reform of developing countries, it is central to examine the extent to which Indonesia’s Constitutional Court would have a positive role in natural resources legal reform. This paper aims to describe how and why the Constitutional Court of the Republic of Indonesia has recognized or undermined the legal rights of communities over natural resources then, it analyses the role of this Constitutional Court to Indonesia’s legal reform through its authority of legal review, in this case are Laws concerning natural resources. In search of Recognition in Constitutional Court: Community’s Rights on Natural Resources in Indonesia’s Constitutional Court Decisions Yance Arizona (Researcher at Association for Community and Ecologically Based Law Reform, Indonesia)
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |