This research aims to discuss the implementation of balance principle of marine and coastal resources management. The type of this research is a normative research by way of applying the provisions and conceptual approach. The result of the research shows that the government authority is more dominant than protect the interest of adat law society. In the implementation of balance principle with regards to the coastal and natural resources management has not yet fully provided the positive impact for the social welfare. Besides, both parties have different concept of balance principle, so that it is incompatible with the substance and interpretation in its implementation. Penelitian ini bertujuan mengkaji penerapan asas keseimbangan dalam pengelolaan sumberdaya alam laut dan pesisir. Jenis Penelitian ini adalah normatif dengan menggunakan pendekatan perundang-undangan dan pendekatan konsep. Hasil penelitian menunjukkan bahwa kewenangan pemerintah lebih dominan dalam pengelolaan sumber daya alam, namun kurang memberikan perlindungan terhadap kepentingan masyarakat hukum adat. Penerapan prinsip keseimbangan dalam pengelolaan sumberdaya alam di wilayah laut dan pesisir belum sepenuhnya memberikan pengaruh positif bagi kesejahteraan masyarakat. Selain itu, kedua belah pihak mempunyai konsep yang berbeda tentang prinsip keseimbangan sehingga dalam penerapannya belum sesuai dengan makna atau hakekatnya.
On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licenses natural resources management provided by the government to investors who want control over land in this region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.
District head's elections as implementation realization of sovereignty of the people undertaken in democratic system, for sure, shall subject to principles and concept of district head's elections. KPUD and Regional Bawaslu as the district head's elections organizers are obliged to execute professional and quality district head's elections based on the 4 (four) conceptual elements of district head's elections as follows: (1) as a means of sovereignty of the people, (2) it is conducted in a direct, general, free and secret as well as honest and fair manner, (3) it is conducted in Unitary State of the Republic of Indonesia, and (4) it is based on Pancasila and the 1945 Constitution of the Republic of Indonesia.Implementation of district head's elections, in reality, is full of various violations, especially for the number of votes obtained by foul manner such as vote distension. This condition is obviously seen by the people showing that KPUD and Regional Bawaslu are not capable in performing their duties as the agency of district head's elections. Definitely, it affects quality of district head's elections or legitimation of the elected district head. In fact, lots of factors affect professionalism of KPUD and Regional Bawaslu such as capability of human resources, low alimony rate compared to their responsibility load, and also integrity of KPUD and Regional Bawaslu. Other factor which has escaped attention is morality of the members of KPUD and Regional Bawaslu.
The Constitutional Court is a judicial institution established based on the orders of the 1945 Constitution which has the constitutional authority to conduct judicial review of the 1945 Constitution whose decisions are final and binding. However, in the implementation of the examination, many decisions of the Constitutional Court are not implemented by other state institutions which have the duty to follow up and implement the decisions of the Constitutional Court so that legally it can interfere with the existence and strength of the implementation of the Constitutional Court's decisions. The type of research used in this paper is normative juridical research. The decision of the Constitutional Court is part of the norm system (hierarchy of laws and regulations) and in Indonesia, its position is the same as the laws and government regulations and is used as a source of law by the DPR and the Government in forming new laws related to the decisions of the Constitutional Court.
In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.
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