Analysis of the Decision of the Constitutional Court of the Judicial Review of Law Number 7, 2004 on Water Resources (Review Juridical Constitutional)

Moh Yuhdi


The purpose of this study was to determine and assess the applicant's rationale for asking for judicial review of Law No. 7 of 2004 on Water Resources, meaning contained in Article 33 of the 1945 Constitution as the basis of the decision of the Constitutional Court for a judicial review of Law No. 7 of 2004 on Water Resources, and the juridical implications of the Constitutional Court decision on judicial review of Law No. 7 of 2004 on Water Resources. This writing method Juridical Normative, the method of approach where the process of reviewing and discussing the object of investigation by focusing on aspects-juridical aspects. Descriptive data were analyzed qualitative, the data obtained are presented according Descriptive and Qualitative analyzed (content analysis). The results of this study stated that: (1) The basic consideration for the applicant to apply for judicial review of Law No. 7 of 2004 on Water Resources, Among others: (a) Act - legislation that can be petitioned for is law - enacted after the 1945 changes; (b) An application in this case are Whose reviews those rights and / or authority has been impaired by the enactment of laws-laws; Clearly the applicant must describe the petition of rights and / or constitutional competence, (2) Definition of control by the state under Article 33 in 1945 implies a higher or wider than ownership in the civil law conception. The concept of control by the state is a concept of public law relating to the principle of sovereignty of the people in 1945, both in politics (political democracy) and economic (economic democracy). Thus the explicit meaning of Article 33 of the 1945 Constitution is mandated by the government for the country, will provide guarantees and protection for individuals to have equal rights on matters concerning the lives of many people, and (3) the Juridical implications of the Court's decision to Constitution on the judicial review of Law Act No. 7 of 2004 on Water Resources are as follows: (a) Article therefore testing the material submitted by the applicant does not stand alone but linked between one another; (b) one to study the petition, the Court concludes that the Applicant did not pay enough attention to what the Water Resources Act Referred to as “Patterns of Water Resources Management”; (c) That the Petitioners argued in Natural Resources Law there are chapters - chapters that encourage privatization; and (d) That the water resources is not only-the eye used to meet basic needs-day directly.

Keywords: constitutional court, judicial review, act no. 7 of 2004 on water resources

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