REKONSTRUKSI PILAR KERANGKA HUKUM DALAM STRATEGI NASIONAL REDD+ UNTUK MEWUJUDKAN EKO-KONSTITUSIONALISME DI INDONESIA

• Main Authors: , Dian Agung Wicaksono, , Aminoto, S.H., M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/119622/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=59625
• Institution: Universitas Gadjah Mada

This research has the objective to know, understand, analyse, and reconstruct the design of the legal framework in the National REDD+ Strategy to realize the eco-constitutionalism in Indonesia. Reconstruction in this context is understood as a rearrangement of the pillars of the legal framework in the National REDD+ Strategy. Reconstruction of the legal framework pillar in the National REDD+ Strategy to realize the eco-constitutionalism in Indonesia actually is an assessment to see the idea of consistency of Indonesia in implementing the basic principles of the state based on law. The problem is studied using normative legal research that focuses on the literature research. In order to support secondary data that obtained from the research literature and to determine the implementation in practice, so, it is also used empirical legal research methods through field research. The results of this study indicate that the ideal state based on law (rechtsstaat idee) as the basic principle of state has not been consistently implemented in practice of Indonesia, especially in the context of the implementation of REDD+ in Indonesia. For that, we need reform that is fundamental to create an enabling conditions to implement REDD + in Indonesia in line with the principles of the state based on law and Pancasila which encourages the birth of the idea of eco-constitutionalism, namely (a) Improving the base laws of REDD+ in Indonesia, (b) Putting National REDD+ strategy in the nomenclature of laws, and (c) Improving the substance of the Legal and Regulatory Framework pillar in the National REDD+ Strategy, which is further elaborated in several strategic steps. It is expected to make REDD+ implementation in line with the concept of eco-constitutionalism in Indonesia.