HAK KONSTITUSIONAL MASYARAKAT HUKUM ADAT DALAM JUDICIAL REVIEW UNDANG-UNDANG PERKEBUNAN
| Main Author: | Triningsih, Anna |
|---|---|
| Format: | Article info eJournal |
| Bahasa: | eng |
| Terbitan: |
Badan Keahlian DPR RI
, 2016
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| Subjects: | |
| Online Access: |
http://jurnal.dpr.go.id/index.php/kajian/article/view/491 http://jurnal.dpr.go.id/index.php/kajian/article/view/491/387 |
Daftar Isi:
- Recognition and respect to constitutional rights of customary law community (CLC) have been guaranteed by the 1945 Constitution, Plantation Law, and furthermore by Constitutional Court Law. In the implementation, nevertheless, there is still a lot of conflicts which cause deprivation of these rights. Aside from this, CLC, who becomes applicants at the Court has to prove as an union of customary law community, and to fulfill requirements stated in jurisprudence made by the judges of the Court. This research, which analyzed related cases sent to the Court by using legal perspective, its output is aimed to strengthen the foundation of constitutional democracy and give more understanding on CLC. In its findings, it explains that to implement its constitutional rights, CLS confronts many obstacles, particularly on the definition and requirements of CLC as an applicant, which causes the delay of recognition of its legal standing to file review to the Constitutional Court.