PENERAPAN ASAS KEADILAN DALAM PENGATURAN PENGELOLAAN SUMBER DAYA ALAM DALAM KERANGKA PEMBANGUNAN BERKELANJUTAN DI ACEH

YANIS, RINALDI (2015) PENERAPAN ASAS KEADILAN DALAM PENGATURAN PENGELOLAAN SUMBER DAYA ALAM DALAM KERANGKA PEMBANGUNAN BERKELANJUTAN DI ACEH. Doctoral thesis, UPT. Perpustakaan Unand.

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Abstract

Justice concept that is formulated to be justice principle in the regulation of natural resources either at the national or Aceh province level has not accommodated global principles, ethical view, and living values of people. The formula of justice concept is limited to providing definition or meaning of the justice term hence it has not described and reflected the justice concept of managing natural resource yet as a united concept, integrated and comprehensive. This research aims to explore and explain the justice concept of natural resources management in order to realize sustainable development in Aceh, explain the implementation of justice concept in the management of natural resources in relation to between the central government and the Government of Aceh, and explain the implementation of justice concept in the management of natural resources in relation to between the Government of Aceh and the district/municipal government. Normative legal research is applied in terms of discussing the research questions. In the effort to find the justice concept of natural resources management, it is explored from global perspective, customary law, and statutory. The justice concept from three perspectives is constructed again to be justice concept of sustainable natural resource management. In addition, the justice concept as a base and indicator to examine the implementation of justice principle towards the Act and Qanun of Aceh (local Act) regulating natural resources in relation to Central Government and the Government of Aceh and the Government of Aceh and the district/municipal government in Aceh. The research shows that: (1) the fairness concept of natural resources management in order to realize sustainable development or it consists of 7 (seven) principles, that are: acknowledgement towards internal generation and intergeneration, acknowledgement towards human rights, acknowledgement towards gender, acknowledgement towards indigenous people, equal right to get access and source, environmental restoration obligations, and acknowledgement towards rights of human being; (2) the implementation of justice concept in regulating natural resources in relation to the relation between central government and the Government of Aceh, especially, in forestry management, mineral and coal mining, and coastal and small islands management, has not reflected justice concept of sustainable natural resources consists of 7 (seven) principles; and (3) justice implementation principle in the regulation of forestry management, mineral and coal mining, and coastal management and small islands in relation to the relation between Government of Aceh and the district/municipal governments, has not accommodated the justice concept of sustainable natural resource management. Parts of the principles has been worded and formulated in the Act and Qanun of Aceh, which is not as the implementation of justice concept as a unity and comprehensive concept. However, each principle is standing alone, not supporting each other and it is not integrated yet as a fairness concept of sustainable natural resource management. Key words: justice concept, management regulation, natural resources, special autonomy

Item Type:	Thesis (Doctoral)
Subjects:	K Law > K Law (General)
Divisions:	Pascasarjana (Disertasi)
Depositing User:	Ms Lyse Nofriadi
Date Deposited:	05 Feb 2016 03:26
Last Modified:	23 Oct 2017 13:08
URI:	http://scholar.unand.ac.id/id/eprint/490

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