美国可持续农业政策纲要:创造就业法案的后果

Jurnal IUS Pub Date : 2022-12-19 DOI:10.29303/ius.v10i3.1091
Ermanto Fahamsyah, Ruetaitip Chansrakaeo
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引用次数: 0

摘要

农业是印尼人民生活的一个重要方面。农业不仅是一种商品,也是印尼人民生活的一部分。在这种情况下,国家需要制定与可持续农业相关的法律政策。本研究旨在探讨与可持续农业法律政策相关的法律不和谐形式的法律问题。本研究属于规范法学研究。研究结果证实,与可持续农业相关的法律政策的不协调只是变成了一只€œpaper老虎,€”,这意味着规则存在但无法执行,因为它们不必执行法规,因此难以执行。之所以会出现这种情况,是因为各自的法律,特别是那些与可持续农业种植系统和创造就业有关的法律,实质上规范了可持续农业,却没有相互提及。这影响了实质性规范可持续农业的同类法律之间缺乏协调和横向协调。法律与政府规章之间的协调也不是纵向的。当与农业部门管理有关的政府条例没有提到与可持续农业种植系统有关的法律并与之纵向协调时,就会发生这种情况。本研究的结果也建议,在这种情况下,未来政府需要修订与农业部门实施有关的政府法规,纳入可持续农业政策的实质内容,并在起草立法时更加彻底地协调纵向和横向。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
IUS Constituendum of Suistainable Agricultural Policy: The Aftermath of Job Creation Act
Agriculture is an important aspect of the life of the Indonesian people. Apart from being a commodity, agriculture is also a part of Indonesian people’s lives. In this case, the state needs to enact legal policies related to sustainable agriculture. This study seeks to discuss legal issues in the form of legal disharmony related to sustainable agricultural legal policies. This research is normative legal research. The study results confirm that the disharmony of legal policies related to Sustainable Agriculture has only become a “paper tiger,” which means that the rules exist but cannot be implemented because they do not have to implement regulations, so they are difficult to implement. That happens because the respective laws, particularly those related to sustainable agricultural cultivation systems and job creation, which substantially regulate sustainable agriculture, do not refer to each other. That impacts the lack of coordination and horizontal harmonization between fellow laws that substantially regulate sustainable agriculture. Harmonization is also not carried out vertically between Laws and Government Regulations. That occurs when Government Regulations relating to the administration of the agricultural sector do not refer to and harmonize vertically with the Law relating to sustainable agricultural cultivation systems. The results of this study also suggest that in the future, the government, in this case, needs to revise the Government Regulations relating to the implementation of the agricultural sector by incorporating the substance of the Sustainable Agriculture policy as well as being more thorough in harmonizing both vertically and horizontally in drafting legislation.
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