PROBLEMATIKA HUKUM PUTUSAN MAHKAMAH KONSTITUSI NO. 21,22/ PUU-V/2007 TERKAIT DENGAN PELAKSANAAN UNDANG-UNDANG PENANAMAN MODAL

Meilinda, Chrysolita (2012) PROBLEMATIKA HUKUM PUTUSAN MAHKAMAH KONSTITUSI NO. 21,22/ PUU-V/2007 TERKAIT DENGAN PELAKSANAAN UNDANG-UNDANG PENANAMAN MODAL. S1 thesis, UAJY.

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Abstract

Indonesia is one country adopts a constitution. The system divides the power of the state into judicial, executive and legislative. Judicial power in Indonesia is divided into two, namely the Constitutional Court and the Supreme Court. Constitutional court based on the 1945 Constitution (amendment), is a test of judicial power laws (either provision of content, article or materials) under the Act to a higher position. Therefore, in the case of Investment Law No. 25 of 2007, Article 22, a materials testing conducted Constitutional Court because it is contrary to Article 33 of the 1945 Constitution (amendment). the authority or a big hand in managing or organizing things related to the national economy. The provisions of Article 22 of Law No. 25 of 2007 of law, are considered to provide the freedom that being too "open" for foreign investors in obtaining the use of Land Rights in Indonesia. This is causing controversy and is considered to undermine the sovereignty of Indonesia in regulating laws The state has in their own country. This is the topic that was brought in this study, this study uses the method of normative research, using primary and secondary legal materials that legislation and the books of the library as a reference material, as well as wide range of data from the internet. The results of this study in the form of legal provisions regarding the consequences of land owned by a foreign investor in law prior to the issuance of the Constitutional Court Decision No. 21,22/ PUUV/ 2007 and legal effect of the provisions, an extension of the right of foreign investors on the ground after the issuance of the decision Constitutional Court Decision No. 21,22/ PUU-V/2007

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