SHS Web Conf.
Volume 54, 2018The 1st International Conference on Law, Governance and Social Justice (ICoL GaS 2018)
|Number of page(s)||6|
|Published online||14 November 2018|
Strengthening Indigenous Law to Make a Sustainable Development of the Coastal Area and Small Islands in Indonesia
Departement of Criminal Law, Faculty of Law, Universitas Pekalongan, 51115, Indonesia
2 Departement of Administrative Law, Faculty of Law, Universitas Pekalongan, 51115, Indonesia
3 Departement of Criminal Law, Faculty of Law, Universitas Pekalongan, 51115, Indonesia
4 Departement of Aquaculture, Faculty of Agriculture, Universitas Pekalongan, 51115, Indonesia
* Corresponding author: email@example.com
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.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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