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RIGHTS OF COUNTRY: The Concept of Coastal Water Concession Rights in Indonesia
Ahmad, Amiludin, Nizla Rohaya

Universitas Muhammadiyah Tangerang


Abstract

RIGHTS OF COUNTRY: The Concept of Coastal Water Concession Rights in Indonesia Ahmad, Amiludin dan Nizla Rohaya Dosen Fakultas Hukum Universitas Muhammadiyah Tangerang Email: ahmadfh@umt.ac.id amiludin@umt.ac.id, Nizla.rohaya@gmail.com Abstract The existence of plotting in the form of management of coastal areas and small islands to be used as private ownership and close ownership by individuals, legal entities or certain communities by granting concession rights to coastal waters (HP-3) can eliminate the meaning of state ownership rights. The overlapping of HP-3 granting as an object of licensing by the sector / agency in the forestry sector through the use of mangrove forests, aquatic fauna / flora and the use of environmental services in mangrove forests, mining through the use of sand as a coastal and mineral resource in the sea and the tourism sector by developing coastal tourism is a constitutional issue in Law No. 27 of 2007 concerning the management of coastal areas and small islands as the decision of the Constitutional Court No. 03 / PUU / VIII / 2010 because it eliminates guarantees, protection and legal certainty for citizens, communities such as fishermen and coastal residents. As for the problems in this study, how the right to control the state in granting HP-3 permission and how the concept of concession rights in coastal waters in Indonesia. The method used in this study is juridically normative with a descriptive analysis approach. The expected results are the realization of the concept of state control as it has become a fixed jurisprudence verdict The constitutional court is interpreted as a state not having but state control covering the state formulating policies (regulating), managing (bestuurdaad), managing (regelendaad), and conduct supervision (toezichthoudendaad) to realize the prosperity of the people. Concession rights of coastal waters are coastal waters and small islands, there are individual rights, customary community rights and the rights of traditional fishing communities, business entity rights, or other community rights and the enactment of local wisdom values so that HP-3 is given through the licensing mechanism not giving rights.

Keywords: Keywords: Constitutionality, Rights Of Country and Coastal Water Concession Rights.

Topic: Constitutional Law

Link: https://ifory.id/abstract/nWQvjLChcrgy

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Amiludin Amiludin)

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