文章基本信息

标题：Evaluation of the Regulation Changes on Environment and Forestry in Indonesia
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作者：Helmi Helmi ; Fauzi Syam ; Nopyandri Nopyandri 等
期刊名称：Hasanuddin Law Review
印刷版ISSN：2442-9880
电子版ISSN：2442-9899
出版年度：2020
卷号：6
期号：1
页码：100-108
DOI：10.20956/halrev.v6i1.2290
语种：English
出版社：Faculty of Law, Hasanuddin University
摘要：This article aims to examine the correlation between the concept of proper enforcement of the law as stipulated in Article 5 (2) of the 1945 Constitution of Indonesia and the establishment and implementation of government regulation on environment and forestry. This article is a normative legal research with statute, historical, and conceptual approaches. The result shows that proper legal enforcement means two things, namely, establishment and enactment of government regulation by the President and the content of the regulation that does not contradict the law. Failure to comply with the law means the President does not establish or enforce a government regulation as mandated or the content of the regulation is not in line with the law. If the President does form or enforce the implementation of government regulation, this means that the President violates his oath and promise to uphold the Constitution and to serve the nation. If the content of the regulation contradicts with the law, it can be canceled. In this situation, the government needs to realign the content of existing regulations. The ministry involved in legal drafting is called to oversee the content and follow through with revisions. All party involves in the making of law and regulation, such as the People Representatives, the President, or the Minister, is reminded to carefully formulate a government regulation.