Proceeding International Conference On Law & Society (ICLAS V) 2016
http://repository.umy.ac.id/handle/123456789/12379
2024-03-29T12:08:33ZTHE RESPONSIBILITY OF THE STATE ON TRANSBOUNDARY HAZE POLLUTION AFTER THE RATIFICATION OF AATHP: CASE OF INDONESIA
http://repository.umy.ac.id/handle/123456789/12400
Land and forest fires in Indonesia has resulted the economic and ecological losses caused
by opening the land (land clearing) with burning land. Land and forest fires in Sumatra
and Kalimantan are now not only a national issue, but also became an international issue
because it arise the transboundary haze pollution. Beside the loss in Indonesia itself, the
smoke also disrupts neighboring countries, such as Malaysia, Brunei and Singapore.
Every year Malaysia and Singapore as countries affected by transboundary haze pollution
filed a strong protest to the Indonesian government. Based on the principle of
international law of state responsibility, Indonesia should be responsible for the
transboundary haze pollution. Because of it has disrupted the environment of other
countries. In 2014, Indonesia became the last country to ratify ASEAN Agreement on
Transboundary Haze Pollution (AATHP). The type of this research is a normative legal
research. By using a qualitative descriptive method, the research aims to describe the
responsibility of Indonesian government on transboundary haze pollution after the
ratification of AATHP. The result shows that Indonesia cannot be required to pay
compensation fully because it was a shared responsibility to prevent the transboundary
haze pollution and Indonesia also can avoid lawsuits of international law because of
transboundary haze pollution. The Indonesian government have to undertake preventive
action, which prevents forest fires that often occur as a result of land clearing. The
government also has to educate the farmers on how to open land effectively.
Land and forest fires in Indonesia has resulted the economic and ecological losses caused
by opening the land (land clearing) with burning land. Land and forest fires in Sumatra
and Kalimantan are now not only a national issue, but also became an international issue
because it arise the transboundary haze pollution. Beside the loss in Indonesia itself, the
smoke also disrupts neighboring countries, such as Malaysia, Brunei and Singapore.
Every year Malaysia and Singapore as countries affected by transboundary haze pollution
filed a strong protest to the Indonesian government. Based on the principle of
international law of state responsibility, Indonesia should be responsible for the
transboundary haze pollution. Because of it has disrupted the environment of other
countries. In 2014, Indonesia became the last country to ratify ASEAN Agreement on
Transboundary Haze Pollution (AATHP). The type of this research is a normative legal
research. By using a qualitative descriptive method, the research aims to describe the
responsibility of Indonesian government on transboundary haze pollution after the
ratification of AATHP. The result shows that Indonesia cannot be required to pay
compensation fully because it was a shared responsibility to prevent the transboundary
haze pollution and Indonesia also can avoid lawsuits of international law because of
transboundary haze pollution. The Indonesian government have to undertake preventive
action, which prevents forest fires that often occur as a result of land clearing. The
government also has to educate the farmers on how to open land effectively.
THE RESPONSIBILITY OF THE STATE ON TRANSBOUNDARY HAZE POLLUTION AFTER THE RATIFICATION OF AATHP: CASE OF INDONESIA
2016-04-18T00:00:00ZTHE PROTECTION OF SMALL AND MEDIUM ENTERPRISES IN YOGYAKARTA TOWARDS ASEAN ECONOMIC COMMUNITY BASED ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
http://repository.umy.ac.id/handle/123456789/12398
The ASEAN Economic Community (AEC) is one of the pillars of the ASEAN
Community were set out in the Bali Concord II. AEC shall be the goal of regional
economic integration by 2015. AEC envisages the following key characteristics: (a) a
single market and production base, (b) a highly competitive economic region, (c) a region
of equitable economic development, and (d) a region fully integrated into the global
economy. Yogyakarta is a city in Indonesia where many citizens are involved in the
business, actually in small and medium-sized enterprises (SMEs). Based on the data
obtained from the Department of Trade, Industry and Cooperatives Yogyakarta, in 2015
there were 230.047 SMEs industries. With the increasingly fierce competition as a result
of the single market of the AEC will very likely have an impact on the survival of these
SMEs, since many imported-products will flood the domestic market. Indonesia has
ratified International Covenant on Economic, Social and Cultural Rights (ICESCR). On
October 28, 2005, the Indonesian government ratified the ICESCR into ICESCR
Ratification Act 2005. This study aims to analyze the protection of small and medium
enterprises in Yogyakarta towards ASEAN Economic Community based on economic,
social and cultural rights. The study is normative legal research which is conducted
through library research. The results shows the government has a binding obligation to
take various measures and policies to implement the obligation such as ―to respect‖, ―to
protect‖ and ―to fulfill‖ human rights toward SMEs in Yogyakarta, especially in
Economic, Social and Cultural Rights.
The ASEAN Economic Community (AEC) is one of the pillars of the ASEAN
Community were set out in the Bali Concord II. AEC shall be the goal of regional
economic integration by 2015. AEC envisages the following key characteristics: (a) a
single market and production base, (b) a highly competitive economic region, (c) a region
of equitable economic development, and (d) a region fully integrated into the global
economy. Yogyakarta is a city in Indonesia where many citizens are involved in the
business, actually in small and medium-sized enterprises (SMEs). Based on the data
obtained from the Department of Trade, Industry and Cooperatives Yogyakarta, in 2015
there were 230.047 SMEs industries. With the increasingly fierce competition as a result
of the single market of the AEC will very likely have an impact on the survival of these
SMEs, since many imported-products will flood the domestic market. Indonesia has
ratified International Covenant on Economic, Social and Cultural Rights (ICESCR). On
October 28, 2005, the Indonesian government ratified the ICESCR into ICESCR
Ratification Act 2005. This study aims to analyze the protection of small and medium
enterprises in Yogyakarta towards ASEAN Economic Community based on economic,
social and cultural rights. The study is normative legal research which is conducted
through library research. The results shows the government has a binding obligation to
take various measures and policies to implement the obligation such as ―to respect‖, ―to
protect‖ and ―to fulfill‖ human rights toward SMEs in Yogyakarta, especially in
Economic, Social and Cultural Rights.
THE PROTECTION OF SMALL AND MEDIUM ENTERPRISES IN YOGYAKARTA TOWARDS ASEAN ECONOMIC COMMUNITY BASED ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
2016-04-18T00:00:00ZTHE INCONSISTENCY OF THE REGULATIONS ON DIVESTMENT OF SHARES IN INDONESIAN MINING SECTOR
http://repository.umy.ac.id/handle/123456789/12396
The development of mining activity in Indonesia is more rapid and useful. Yet, the
natural resources production still cannot fulfill the national interest of Indonesia.
However, Indonesia realize that they are limited in term of funding in the exploration
and exploitation of natural resources. By the reason, to run the activities, Indonesia
needs to cooperate with foreign parties, because in running a natural resources
management required a huge capital, advanced technology, experts and there is a high
risk as well. Therefore, to achieve the goal of the state, Indonesia obliged the foreign
investment to divest the shares to Indonesia which is regulated in Article 112 of Law
No. 4 of 2009 and Government Regulation No. 24 of 2012 which require foreign
companies to divest their share until 51%. However, A week before takeoff his
position as president, Susilo Bambang Yudhoyono enacted new Government
Regulation No. 77 of 2014 which cut the amount of shares that have to be divest by
foreign companies to Indonesia from 51% to only 30%. This legal research will
analyze the current regulation on divestment of share in Indonesian mining sector and
also analyze whether the current regulation on divestment of shares in line with
Article 33 paragraph (3) of 1945 Constitution on state control over natural resources.
This normative legal research come to the conclusion that the enactment of
Government Regulation No. 77 of 2014 is against the Article 33 of 1945 Constitution
which requires 'state control' over natural resources to ensure the greatest possible
prosperity of the people. In order to achieve the goal of the state which in line with
Article 33 of 1945 Constitution, the government of Indonesia have to be firm in
regulating the divestment of shares itself by regulate it in the Law level. Thus, the president cannot revise it easily and the legal enforcement of this regulation will be
more effective and efficient.
The development of mining activity in Indonesia is more rapid and useful. Yet, the
natural resources production still cannot fulfill the national interest of Indonesia.
However, Indonesia realize that they are limited in term of funding in the exploration
and exploitation of natural resources. By the reason, to run the activities, Indonesia
needs to cooperate with foreign parties, because in running a natural resources
management required a huge capital, advanced technology, experts and there is a high
risk as well. Therefore, to achieve the goal of the state, Indonesia obliged the foreign
investment to divest the shares to Indonesia which is regulated in Article 112 of Law
No. 4 of 2009 and Government Regulation No. 24 of 2012 which require foreign
companies to divest their share until 51%. However, A week before takeoff his
position as president, Susilo Bambang Yudhoyono enacted new Government
Regulation No. 77 of 2014 which cut the amount of shares that have to be divest by
foreign companies to Indonesia from 51% to only 30%. This legal research will
analyze the current regulation on divestment of share in Indonesian mining sector and
also analyze whether the current regulation on divestment of shares in line with
Article 33 paragraph (3) of 1945 Constitution on state control over natural resources.
This normative legal research come to the conclusion that the enactment of
Government Regulation No. 77 of 2014 is against the Article 33 of 1945 Constitution
which requires 'state control' over natural resources to ensure the greatest possible
prosperity of the people. In order to achieve the goal of the state which in line with
Article 33 of 1945 Constitution, the government of Indonesia have to be firm in
regulating the divestment of shares itself by regulate it in the Law level. Thus, the president cannot revise it easily and the legal enforcement of this regulation will be
more effective and efficient.
THE INCONSISTENCY OF THE REGULATIONS ON DIVESTMENT OF SHARES IN INDONESIAN MINING SECTOR
2016-04-18T00:00:00ZTHE EFFECTIVENES OF DISPUTE SETTLEMENT ON THE RESULT OF PRESIDENTIAL ELECTION 2014 IN THE CONSTITUTIONAL COURT: CASE STUDY IN INDONESIAN CONSTITUTIONAL COURT
http://repository.umy.ac.id/handle/123456789/12395
This study aims to evaluate the effectiveness of dispute settlement on the of Presidential
Election in the Constitutional Court. The research is a normative and empirical legal
research. Normative legal research is conducted through library research. Empirical
research uses interview with Respondent such as the staff of the Constitutional Court and
also the lawyer who involved in the dispute of Presidential Election in 2014. The result
shows that the Constitutional Court can settle the Presidential Election dispute effectively
based on the law and regulation. However, in the term of substantive justice, the quality
of dispute settlement on the result of Presidential Election is probably still being
questioned. This is because the time that was given to settle the dispute on the
Presidential Election is very short and it did not give enough opportunity to the parties to
provide evidence. The research recommends that first, the time provided by the Law No.
42 of 2008 on Presidential Election and Constitutional Court Regulation No. 4 of 2014 on
the guidlines of hearing on the dispute of the results of presidential election needs to be
amended. Second, General Election Commission should be better in running his
functions, obligations, and in showing the profesionalism. Hence, the decision from the
Commission will be acceptable by the citizen including the presidential candidate.
Besides, the profesionalism will make presidential election run fairly and honestly.
This study aims to evaluate the effectiveness of dispute settlement on the of Presidential
Election in the Constitutional Court. The research is a normative and empirical legal
research. Normative legal research is conducted through library research. Empirical
research uses interview with Respondent such as the staff of the Constitutional Court and
also the lawyer who involved in the dispute of Presidential Election in 2014. The result
shows that the Constitutional Court can settle the Presidential Election dispute effectively
based on the law and regulation. However, in the term of substantive justice, the quality
of dispute settlement on the result of Presidential Election is probably still being
questioned. This is because the time that was given to settle the dispute on the
Presidential Election is very short and it did not give enough opportunity to the parties to
provide evidence. The research recommends that first, the time provided by the Law No.
42 of 2008 on Presidential Election and Constitutional Court Regulation No. 4 of 2014 on
the guidlines of hearing on the dispute of the results of presidential election needs to be
amended. Second, General Election Commission should be better in running his
functions, obligations, and in showing the profesionalism. Hence, the decision from the
Commission will be acceptable by the citizen including the presidential candidate.
Besides, the profesionalism will make presidential election run fairly and honestly.
THE EFFECTIVENES OF DISPUTE SETTLEMENT ON THE RESULT OF PRESIDENTIAL ELECTION 2014 IN THE CONSTITUTIONAL COURT: CASE STUDY IN INDONESIAN CONSTITUTIONAL COURT
2016-04-18T00:00:00Z