DESI PRIANDINI, OLIVIA (2010) KAJIAN KRITIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 008/PUU-III/2005 MENGENAI PENGUJIAN UNDANG-UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR. Other thesis, University of Muhammadiyah Malang.
Download (92kB) | Preview
ABSTRACT Constitutional Court Decision No. 008/PUU-III/2005 about the test on the Constitution of Water Resources declared was rejected. However, in consideration of the Constitutional Court Constitutional conditionally add the clause that previously had never occurred in the process of judicial review. This research took the formulation of the problem: What is the basic consideration of the Constitutional Court in No. 008/PUU-III/2005 verdict about the testing of the Law on Water Resources; second How the law impacts of Number 008/PUU-III/2005 verdict about testing Law of Water Resources for the management and utilization of Water Resources. This research used method-normative juridical approach. Legal material used is the Court's decision No.008/PUU-III/2005 as primary legal materials, and books and opinions of jurists as secondary legal materials. Then the data were analyzed by content-analysis. From the research found that the consideration of the Constitutional Court judges is to provide substantive justice for the seekers of justice, when the Law on Water Resources has not given a clear formulation of the collateral for the fulfillment of human rights on water provided by the Central Government and Provincial Government as the executive responsibility for the obligation to respect , protect and fulfill human rights to water. In the decision, also found an additional clause be conditionally Constitutional clause that indicates the attitude of judicial intervention against the legislative institution. While the legal effect of this decision is the violation against the constitution by the Constitutional Court which has made ultra petita decision. In conclusion, a revision of the Water Resources Law is an obligation to carry out the mandate of the constitution, especially Article 33 of the Indonesian Constitution 1945. Hence, the agenda of the fifth amendment of 1945 Constitution of Indonesia should formulate breakthroughs made by the Constitutional Court for the future will no longer raise conflicts among agencies regarding the authority of the state as the holder control over the integrity of nation and state. Keywords: Constitutional Court, Judicial Review, the Law on Water Resources, conditionally constitutional.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Law > Department of Law|
|Depositing User:||Rayi Tegar Pamungkas|
|Date Deposited:||10 Apr 2012 06:03|
|Last Modified:||10 Apr 2012 06:03|
Actions (login required)