Ali Imron
Fakultas Hukum Universitas Merdeka Malang Jl. Terusan Raya Dieng No. 62-64 Malang

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ANALISIS KRITIS TERHADAP DIMENSI IDEOLOGIS REFORMASI AGRARIA DAN CAPAIAN PRAGMATISNYA Ali Imron
Jurnal Cakrawala Hukum Vol 5, No 2 (2014): Desember 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v5i2.693

Abstract

An idea about agrarian reform was stated againin all over the world. This phenomenon was followed by various studies about the model and the concept of agrarian reform and even it became the agendaofsome international organizations, state governmentand various social organizations in rural areas in developed countries. Ups and downs of the agrarian reform program that the core was on the landreformin Indonesia was done without something special and clear target although the strong will of the founding fathers hadbeen formulated clearly in both the constitution and UUPA. Essentially in both principle norms there was an effort to form life and structure in a society, nation, and country more fairly. The factors which influenced the policy inconsistency, considering the agrarian reform, were not only dealing with social-economy, but it also had an ideological background. The main design of the agrarian reform was not enough to be formed by the law and political actors, but it was also done by economy actors and it even had to involve people organization proportionally, mainly to avoid the pragmatism behavior. Gagasan mengenai penataan struktur agraria atau agrarian reform bergulir kembali ke permukaan di berbagai belahan dunia. Fenomena tersebut diikuti berbagai studi tentang model dan konsep reforma agraria bahkan sudah menjadi agenda dari berbagai badan internasional, pemerintahan negara maupun berbagai gerakan organisasi sosial pedesaan di negara-negara berkembang. Pasang-surut program reforma agraria yang berintikan pada landreform di Indonesia berjalan tanpa greget dan sasaran jelas, sekalipun tekad dari para the founding fathers sudah terumus dengan jelas di dalam konstitusi maupun UUPA. Secaca esensiil di dalam kedua norma dasar itu terkandung suatu upaya untuk menata kehidupan dan struktur bermasyarakat, berbangsa dan bernegara secara lebih adil. Faktor yang mempengaruhi inkonsistensi kebijakan tersebut, mengingat reforma agraria tidak saja merupakan hal-hal yang bertalian dengan sosial-ekonomi semata, namun juga memiliki latar ideologis. Desain pokok pembaruan agraria memang tidak cukup dirancang para aktor politik dan hukum, tetapi juga pelaku ekonomi dan bahkan harus melibatkan organisasi rakyat secara proporsional, utamanya untuk menghindari perilaku pragmatism.
ANALISIS TERHADAP KEKUATAN BARGAINING POSITION PEMERINTAH INDONESIA DALAM KONTRAK KARYA P.T. FREEPORT INDONESIA Ali Imron
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1115

Abstract

Along with the increase of good conviction of objective standard in doing agreement, if hardship happenedbecause of condition change, a contract had to be considered or observed again. The spirit of law no 4 year 2009was to return the authority of mineral and coal management under state domain. However, the principle ofSunt Servanda mine contract pact which had existed before should still have been respected, as long as it wasapplicable. Based on constitution, the Republic of Indonesia government must not have placed themselves inthe same level with a business entity in mining contract. A mandate which had to be done by government wasthat natural resource must have been used optimally for people prosperity. Freeport arrival in Papua sincebeginning was with the purpose or goal of business political expansion which was not fair. It came intoIndonesia with the facility from President Soeharto who was famous as the corruption and repressive government.In democratization and transparency era, work contract which was full of manipulation and which wasnot oriented on people prosperity, the existence was actually not proper to be defended. Thus, if now whathappened was only demand to negotiate the unreasonable working contract, it was a very natural or properthing. It also happened to international trade contract practice. After contract was dealt then the fact changedfundamentally, based on article 6.2.2 UPICCs, the result or consequence could be issued to reconsider therunning contract. The purpose of Reconsidering the content of working contract was to return the disturbedbalance. The problem of Freeport work contract was not only law and justice, but there was an interventioneffect of foreign strength and the interest conflict in Indonesian government administration itself. Thus, one ofimportant points which had to be done to improve the contract was by placing an agent of Indonesian governmentin Freeport management until the end of contract, exactly the agent was put in directors board to watchand monitor so there was no divergence anymore.