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All Journal Hakamain: Journal of Sharia and Law Studies
Dzaki M. Ihsan
Universitas Gadjah Mada
Law, Crime, Criminology & Criminal Justice

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Redefining Local Government Authority in Natural Resource Management Following Centralization Irmanjaya Thaher; Dzaki M. Ihsan; Margaretha Hanita
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.1764

Abstract

This article examines the legal framework governing the role of local governments in the management of natural resources in Indonesia, focusing on the latest legal framework, which includes Law No. 23 of 2014 on Local Government, Law No. 1 of 2022 on Financial Relations between the Central Government and Local Governments (HKPD Law), Law No. 3 of 2020 on Minerals and Coal, and Law No. 32 of 2024 on the Conservation of Biological Natural Resources. The study covers: (1) the constitutional basis for the state’s control over natural resources under Article 33 of the 1945 Constitution; (2) the legal status of local governments as legal entities in the management of natural resources; (3) the distribution of authority between the central and local governments across various natural resource sectors; (4) the Natural Resource Revenue-Sharing Fund (DBH) mechanism as regulated in the HKPD Law and its implementing regulations; and (5) conflicts of authority and recommendations for improvement. This article argues that the trend toward centralization of authority over natural resources—particularly following the enactment of the Mining Law No. 3 of 2020—threatens the principle of regional autonomy and must be counterbalanced by strengthening the DBH mechanism and regional oversight capacity.
Constitutional Reconstruction of the Relationship Between the President and the DPD in Indonesia’s Asymmetric Bicameral System Irmanjaya Thaher; Markoni Markoni; Dzaki M. Ihsan
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.1777

Abstract

This article examines the institutional relationship between the President of the Republic of Indonesia and the Regional Representatives Council (DPD) within the framework of the asymmetric bicameral system adopted by Indonesia following the amendments to the 1945 Constitution. The study positions the DPD within two relationships simultaneously: a vertical relationship with the President as head of government, and a horizontal relationship with the People’s Representative Council (DPR) as the dominant chamber in the representative system. This article argues that Indonesia’s highly asymmetric bicameral structure has reduced the DPD to an institutionally marginal body, lacking meaningful checks and balances against either the executive or the DPR. The analysis includes a constitutional review of the DPD’s powers, a comparative analysis with bicameral systems in other countries, an empirical evaluation of the DPD’s effectiveness, and a series of recommendations for constitutional reforms necessary to transform the DPD into a substantive institution of regional representation.
Co-Authors Irmanjaya Thaher Margaretha Hanita Markoni