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'Ulya, Zaki
Mahkamah Konstitusi Republik Indonesia
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Refleksi Memorandum of Understanding (MoU) Helsinki Dalam Kaitan Makna Otonomi Khusus Di Aceh 'Ulya, Zaki
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (231.563 KB) | DOI: 10.31078/jk%x

Abstract

After the implementation of regional autonomy reforms focused on provincial autonomy in establishing their own households. According to the concept of autonomy is divided into three autonomous ordinary, special autonomy and autonomy, which is emphasized in Article 18, 18A and 18B of the 1945 Constitution. Reasons for granting the status of special autonomy in Aceh, one of which was to eliminate the GAM movement which aims to separate itself from the Homeland. Granting autonomy status is determined through of the Helsinki MoU is transformed in Law No. 11 of 2006. The method used is the juridical normative. This research approach statutory (statute approach), approach the case (case approach). Based on the analysis conducted found that the existence of the MoU are set forth in the Law. 11 The year 2006 is a manifestation lifting values into privilege in Aceh, as well as adding some other peculiarities such as local politics. Aceh has a specificity and privileges in Law No. 11 In 2006, the emblem and flag of determining the area.
Eksistensi Badan Pertanahan Aceh sebagai Perangkat Daerah di Aceh dalam Aspek Kepastian Hukum Bidang Pertanahan 'Ulya, Zaki
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (413.532 KB) | DOI: 10.31078/jk1237

Abstract

Under the provisions of Article 253 of Law No. 11 Year 2006 regarding Aceh Government insists on the transitional status of the Regional Office of the National Land Agency of Aceh and District Land Office / City into the device unit  area of  Aceh and district / city, which is limited to the budget end of 2008. However, the status of the new transition can be completed in the year 2015 with the issuance of Presidential Decree No. 23 Year 2015 on the transfer of the Regional Office of the National Land Agency of Aceh and District Land Office / City Land Agency Become Aceh and Aceh Land Office Regency / City. The problems that arise as a result of    the enactment of legislation that is related to the authority of the President of the Regional Office of the National Land Agency of Aceh are still centralized, resulting in disharmony between the legal provisions of Law No. 11 of 2006 by Presidential Decree No. 23 Year  2015. The purpose of this paper is intended to examine the form of disharmony legal provisions of Article 253 of Law No. 11 Year 2006, which refers to Memorendum of Understanding (MoU). And, examine the impact of the authority of the National Land Agency of Aceh on the enforceability of Presidential Decree No. 23 Year 2015.
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