PENYELESAIAN SENGKETA BATAS DAERAH MENGGUNAKAN PENDEKATAN REGULASI

Sahyana, Yana (2019) PENYELESAIAN SENGKETA BATAS DAERAH MENGGUNAKAN PENDEKATAN REGULASI. JURNAL KONSTITUEN, 1 (1). 45 -58. ISSN ISSN 2656-0925

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Abstract

One of the increasing trends in the era of regional autonomy is the regional extension both at the
provincial level and at district/city level. However, such situation in some cases has emerged
some new problems, such as; social conflict, conflict on natural resourses and conflict in the
regional boundaries. This study examines the broblems, first, what factor are causing the dispute
on the boundaries in the extension of new autonomous region? Second, how is the pattem of the
settlement of boundary dispute provided in the Indonesia legal sistem?Third,what is the role of the
Government in solving the boundary dispute? This is a juridical-empirical research. The study
concluded that; First, the boundary dispute has been triggered by the area extension processnot
requinting the border as a legal requirement in the area expansion. The requirements fulfilled
were more technical, physical and political. Second, the pattem of the boundary dispute resolution
generally is through two ways; the non-legal border dispute resolution, and legal settlement. In
non-legal resolution, it was mediated by MOHA and Govemors; while, in the legal dispute
resolution it reached through a judicial review to the Supreme Court or the Constitutional Court.
Third, in the dispute of area border, the governments role was the facilitator in accordance with
the level of its dispute case.
Keywords : Regional Boundaries, Boundary Dispute, the regional autonomy, government

Item Type: Article
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: ms Annisa Rahmadanita
Date Deposited: 18 May 2023 01:13
Last Modified: 08 Jan 2024 03:29
URI: http://eprints2.ipdn.ac.id/id/eprint/1194

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