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All Journal Jurnal Legalitas Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal Al Himayah Jambura Law Review GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Estudiante Law Journal Dialogia Iuridica
Amanda Adelina Harun
Fakultas Hukum Universitas Negeri Gorontalo, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Bajo’s Living Law on Environmental Preservation to Support Economic Improvement Amanda Adelina Harun
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i1.5359

Abstract

Bajo is a tribe that has a uniqueness, they settled in coastal or shallow water areas. The uniqueness of the settlements and the natural conditions of the Bajo people can be a tourism potential to improve the economic conditions of the Bajo people. Tourism requires preserved environmental conditions. The Bajo has a 'living law' related to the preservation of coastal and marine areas, such as the prohibition of throwing garbage and household waste into the sea, the prohibition of killing turtles, the prohibition of destroying corals, and the prohibition of going to sea during the spawning period of fish. Bajo's 'living law' is in the form of unwritten law, so it has several weaknesses. First, because the unwritten form is feared to shift and could be lost, second, the implementation could not be enforced by the official because it is not official law. A good official law is one that is in accordance with the 'living law', so it would be better to adopt the 'living law' of Bajo in the official law, for the sake of preserving the environment, and support economic improvement through tourism.
Indonesian Mining Regulations Shift as a Potential Sector in Developing the Economy Amanda Adelina Harun; Fenty U Puluhulawa; Nurul Fajri ElFikri; Mohamad Rivaldi Moha
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 16, No 2: 2023
Publisher : Universitas Trunodjoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v16i2.20114

Abstract

Law/regulation on mining play a significant role, because mining sector is a potential sector for developing the economy of Indonesian. Law on Mining underwent several amendments, namely the era of Law Number 11 of 1967, Law Number 4 of 2009 and Law Number 3 of 2020. This article will analyze shiftss in mining sector regulations from each of these eras. This article uses normative juridical methods, with statutory, contextual, historical, and comparative approaches, and is analyzed qualitatively. The results of the study show that between Law No. 11 of 1967 to Law No. 4 of 2009 and Law no. 3 of 2020 underwent a change, namely from a centralized arrangement, where the mining sector holding power became a matter for the central government to decentralization, handed over to local governments. Another change is in the field of relations between the government and capital or investors, the contract of work model becomes licensing. The impact on the contract of work model is that the state is positioned as a 'party' to the contract, while in terms of licensing the government has a position that tends to be stronger. This Amendment Contract is adapted to Indonesian conditions and the protection of Article 33 of the Indonesian constitution.
Co-Authors Ahmad Ahmad Fenty U. puluhulawa I Komang Kris Kamisma Iswan Dunggio Malik, Safira Putri H. Massie, Fitri Hidayah Moh. Taufik Zulfikar Sarson Mohamad Rivaldi Moha Mohammad Rifki Daud Mutia Cherawaty Thalib Nadia Dhea Safira Dama Nurul Fajri ElFikri Nurul Fazri Elfikri Pakaya, Dudiyanto Rahman Towadi