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Vica J. E. Saija
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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WEWENANG PEMERINTAH DAERAH DALAM PEMBERIAN IZIN LINGKUNGAN HIDUP Vica J. E. Saija
SASI Vol 20, No 1 (2014): Volume 20 Nomor 1, Januari - Juni 2014
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v20i1.347

Abstract

The results showed that local governments have the authority to give a license for environmental management based on the Chapter 237 Law Number 32 of 2004 Concerning the Local Government Jo Chapter 63 Law Number 32 of 2009 on Environmental Protection and Management, verse (2) letter r and verse (3) letter o. As a holder of the delegation, the local government then have the authority to issue permits and enforce the law on consent in the form of monitoring and enforcing sanctions. Licensing authority for environmental management by local governments in its implementation was not maximized yet, this is due to the Law Number 32 of 2009 on Environmental Protection and Management, which does not have implementing regulations, the rule of umbrella act is to set the basic terms only, that contributes to there was no concrete licensing division of the authorized government, both at the central and regional. Therefore, it is the authority of government including local government (Ministers, Governors, Regents/Mayors) should be based on the criteria  of externality, accountability, and efficiency. And recommended that the licensing authority for environment management, in its implementation, should be based on the principle of Good Licensing Governance on Based Natural Resources, in order to prevent abuse of authority and to simplify the licensing process. The Law Number 32 of 2009 it is implementation, it still needs to be followed up with any implementing regulation in order to run as it is expected.
PERATURAN MAHKAMAH AGUNG DAN PERATURAN MAHKAMAH KONSTITUSI MENURUT JENIS PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Vica J. E. Saija
SASI Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v20i2.321

Abstract

The division of state power is divided into legislative power, executive power and judicial power. The task of government in carrying out public welfare within the meaning of the Constitution of the Republic of Indonesia Year 1945, in the implementation of needed legislation. Legislation in Indonesia is regulated in Law Number 12 Year 2011, the criteria used for such a legal instrument called a regulation regulations are written rules that contain legal norms binding in general and formed or defined by state agencies or officials authorized through the procedures laid down in Regulation Legislation. In Article 8 paragraph (2) one of the rules in the legislation recognized that Regulation of the Supreme Court and the Constitutional Court Regulation, then in this paper are analyzed on both the regulation which do not meet the criteria of legislation such as that contained in the Act No. 12 of 2011
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