{"title":"基于印度尼西亚共和国宪法的群岛国绿色治理法律框架","authors":"T. Alfath, Lilik Pudjiastuti, D. Sunyowati","doi":"10.2991/icglow-19.2019.9","DOIUrl":null,"url":null,"abstract":"- Indonesia was an archipelagic state that characterized by nusantara affirmed in Article 25A, constitution of the republic of Indonesia, Undang-Undang Dasar Negara Republik Indoensia (UUD NRI 1945) in chapter IXA which explains the territory of the country. This had two consequences, first, that sovereignty over the territory of Indonesia was based on the concept of an archipelagic state as stipulated in the United Nations Convention on the Law of the Sea 1982(UNCLOS 1982). Secondly, legal politics towards national development should be based on the concept of an archipelagic state that was insightful to nusantara. In this study, the emphasis was on the second consequence, namely national development that had nusantara insight, especially in matters of government that had principles green governance in carrying out their authority. The principle of green governance was actually inseparable from the green constitutional framework contained in the UUD NRI 1945, then it became a basic reference in formulating the legal framework green governance in government. This research also provided new ideas about coherenced between green governance and the concept of an archipelagic state, it was very necessary to create sustainable development in Indonesia. Because without regarded to the territorial characteristics of a country, this would create gaps and difficulties in implementing them in real terms. This research used legal research methods, with two approaches, namely statute approach, and conceptual approach.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"15","resultStr":"{\"title\":\"The Legal Framework of Green Governance in Archipelagic State Based on Constitution of The Republic of Indonesia\",\"authors\":\"T. Alfath, Lilik Pudjiastuti, D. Sunyowati\",\"doi\":\"10.2991/icglow-19.2019.9\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"- Indonesia was an archipelagic state that characterized by nusantara affirmed in Article 25A, constitution of the republic of Indonesia, Undang-Undang Dasar Negara Republik Indoensia (UUD NRI 1945) in chapter IXA which explains the territory of the country. This had two consequences, first, that sovereignty over the territory of Indonesia was based on the concept of an archipelagic state as stipulated in the United Nations Convention on the Law of the Sea 1982(UNCLOS 1982). Secondly, legal politics towards national development should be based on the concept of an archipelagic state that was insightful to nusantara. In this study, the emphasis was on the second consequence, namely national development that had nusantara insight, especially in matters of government that had principles green governance in carrying out their authority. The principle of green governance was actually inseparable from the green constitutional framework contained in the UUD NRI 1945, then it became a basic reference in formulating the legal framework green governance in government. This research also provided new ideas about coherenced between green governance and the concept of an archipelagic state, it was very necessary to create sustainable development in Indonesia. Because without regarded to the territorial characteristics of a country, this would create gaps and difficulties in implementing them in real terms. This research used legal research methods, with two approaches, namely statute approach, and conceptual approach.\",\"PeriodicalId\":246077,\"journal\":{\"name\":\"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)\",\"volume\":\"6 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"15\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2991/icglow-19.2019.9\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2991/icglow-19.2019.9","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 15
摘要
-印度尼西亚是一个群岛国家,其特点是在解释该国领土的IXA章《印度尼西亚共和国宪法Undang-Undang Dasar Negara republic Indonesia (UUD NRI 1945)》第25条a款中得到确认。这有两个后果,第一,对印度尼西亚领土的主权是以《1982年联合国海洋法公约》(《1982年海洋法公约》)规定的群岛国概念为基础的。第二,促进国家发展的法律政治应以群岛国的概念为基础,这对努桑塔拉来说是很有见地的。在本研究中,重点是第二个结果,即具有努沙塔拉洞察力的国家发展,特别是在行使其权力时具有绿色治理原则的政府事务中。绿色治理原则实际上与UUD NRI 1945所包含的绿色宪制框架是分不开的,它成为制定政府绿色治理法律框架的基本参考。这项研究还提供了关于绿色治理与群岛国家概念之间一致性的新想法,这对于在印度尼西亚创造可持续发展是非常必要的。因为如果不考虑一个国家的领土特点,这将在实际执行方面造成差距和困难。本研究采用法律研究方法,主要有两种方法,即成文法研究方法和概念研究方法。
The Legal Framework of Green Governance in Archipelagic State Based on Constitution of The Republic of Indonesia
- Indonesia was an archipelagic state that characterized by nusantara affirmed in Article 25A, constitution of the republic of Indonesia, Undang-Undang Dasar Negara Republik Indoensia (UUD NRI 1945) in chapter IXA which explains the territory of the country. This had two consequences, first, that sovereignty over the territory of Indonesia was based on the concept of an archipelagic state as stipulated in the United Nations Convention on the Law of the Sea 1982(UNCLOS 1982). Secondly, legal politics towards national development should be based on the concept of an archipelagic state that was insightful to nusantara. In this study, the emphasis was on the second consequence, namely national development that had nusantara insight, especially in matters of government that had principles green governance in carrying out their authority. The principle of green governance was actually inseparable from the green constitutional framework contained in the UUD NRI 1945, then it became a basic reference in formulating the legal framework green governance in government. This research also provided new ideas about coherenced between green governance and the concept of an archipelagic state, it was very necessary to create sustainable development in Indonesia. Because without regarded to the territorial characteristics of a country, this would create gaps and difficulties in implementing them in real terms. This research used legal research methods, with two approaches, namely statute approach, and conceptual approach.