TINJAUAN TERHADAP SURAT KEPUTUSAN GUBERNUR NUSA TENGGARA TIMUR NOMOR 22 TAHUN 1973 TENTANG PERBATASAN WILAYAH KABUPATEN NGADA DAN KABUPATEN MANGGARAI BERDASARKAN ASAS KEADILAN, KEMANFAATAN DAN KEPASTIAN HUKUM

WOGO, VINSENSIUS ADRIAN VAN GOUDA (2009) TINJAUAN TERHADAP SURAT KEPUTUSAN GUBERNUR NUSA TENGGARA TIMUR NOMOR 22 TAHUN 1973 TENTANG PERBATASAN WILAYAH KABUPATEN NGADA DAN KABUPATEN MANGGARAI BERDASARKAN ASAS KEADILAN, KEMANFAATAN DAN KEPASTIAN HUKUM. S2 thesis, UAJY.

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Abstract

The thesis writing entitle Contemplation Toward Governor of South East Nusa Decree on 1973 number 22 about The border between Ngada and Manggarai Regency based on principle of legal Justice, principle of utility law, and principle of legal certainty intends to analyze and evaluate whether The border arrangement of Ngada and Manggarai Region which contained in the Governor of South East Nusa Decree on 1973 number 22 already satisfy the principle of legal certainty or not. The term of reference that used by the writer to absorb this problem are concepts of objective law, theory of legal history, sociological theory of law and legal political theory. This is an empirical legal research focuses on legal norms and legal facts that happened and it has characteristic to find the truth based on the element of law. The writer using data acquisition techniques by library study and field study namely interview, dissemination of questionnaires to the parties who understand the issues and make observations and participation in the field. Result of the research show that the establishment procedure of the governor of South East Nusa Decree on 1973 number 22 is full of legal disability. It means that this Governor decree wasn’t made based on the legal stage that guarantee justice of law, legal utility , and legal certainty and the impact of this implementation are the region border problem between Ngada region and Manggarai Region can’t be solSved. This Governor decree bring many new problem include human right violation. Therefore, completion steps that should be done is first reviewing the governor decree on 1973 number 22 about The border between Ngada and Manggarai Regency with its consequence that the kind of public policy and regulation which stated by The Government of South East Nusa Province, The Government of Manggarai region and The Government of Ngada Region based on governor decree on 1973 number 22 should be abolished by law. New formulation of law governing the region border between Ngada and Manggarai Regency must refer to laws on 2004 number 10 about the establishment of laws regulation and minister of domestic affairs regulation about guidelines of regional boundaries assertion.

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