文章基本信息

标题：Strengthening Indigenous Law to Make a Sustainable Development of the Coastal Area and Small Islands in Indonesia
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作者：Nurul Huda ; A.H.Asy’ari T. ; Yusuf Saefudin 等
期刊名称：SHS Web of Conferences
印刷版ISSN：2416-5182
电子版ISSN：2261-2424
出版年度：2018
卷号：54
页码：1-6
DOI：10.1051/shsconf/20185404003
语种：English
出版社：EDP Sciences
摘要：Law no. 27 of 2007 on Management of Coastal Areas and Small Islands has the basis of consideration dimension of economic prosperity. The Act obtained Judicial Review to the Constitutional Court due to the rights of Coastal Waters Concession (HP-3). This article examines how the existence of indigenous and tribal peoples who have the right to be protected by the state constitution and how the legal analysis of the Judicial Review of the Act is reviewed. This research was conducted by a normative juridical method. The results show that indigenous and tribal peoples have not fully existed in the regulation and legal politics of Indonesia, particularly in the management of coastal areas and small islands. Judicial Review conducted to the Constitutional Court through Decision No. 3/ PUU-VIII / 2010 states that in certain articles in Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands is contrary to the state constitution and has no binding power, which relates to Coastal Waters Rights which tend to be more liberal/capitalist because it can only be utilized by the owner of capital.