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Aceh's Economic Rights In The Helsinki Agreement: The Legal And Sociological Review Of Law No. 11/ 2006 Regarding Aceh Administration
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| Author:
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JAMHURI AHMADDIN MUDE, ARIFIN ABDULLAH ALI, MUHAMMAD RIDWANSYAH SULAIMAN, NAHARA ERIYANTI HIJRA, AMNA EMDA
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| Abstract:
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There are seven clauses regarding Aceh's economic rights regulated in the Helsinki Agreement. Firstly, Aceh has the right to obtain funds through foreign loans and to set interest rates. Secondly, Aceh has the right to establish and collect taxes as well as to conduct trade and business internally and internationally. Third, Aceh will have authority over living natural resources in the territorial sea. Fourth, Aceh will have the right to control 70% of revenues from hydrocarbon reserves. Fifth, Aceh will conduct the development and management of all seaports and airports. Sixth, Aceh will enjoy free trade. Finally, seventh, Aceh will enjoy direct and unhindered access to foreign countries by sea and air. From all the above clauses, only part of it was adopted by Act No. 11/2006 regarding Aceh Administration. This condition demonstrates the exclusion of Aceh's economic rights, which were mandated by the 1945 Constitution.
There are two issues addressed in this paper, i.e., the legal perspective of Aceh's economic rights as mandated in the Helsinki Agreement with regards to Act No. 11/2006 and the sociological viewpoint of Aceh's economic rights as mandated in the Helsinki Agreement with regards to Act No. 11/2006. The four approaches employed to review the Helsinki Agreement and the Aceh Administration Act in this paper are the legislative approach, the analytical approach, the philosophical approach, and the legal sociology approach. Firstly, based on a legal perspective, Aceh's economic rights in the Helsinki Agreement generated legal certainty and must be implemented by the central government because the Aceh Administration Act has partly adopted these rights. The economic rights are constitutional rights of the Acehnese people that must be fulfilled by the central government. Failure to fulfill these rights is a violation of the provisions in the 1945 Constitution. Secondly, based on the sociological perspective, the Aceh's economic rights in the Helsinki Agreement impact the people of Aceh as social institutions. Therefore, all economic rights should immediately be carried out by the authorities, including the central government, the Government of Aceh, and the Aceh Parliament as legal functionaries.
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| Keyword:
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economic rights, the Helsinki Agreement, the Government of Aceh.
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| EOI:
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| DOI:
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https://doi.org/10.31838/ijpr/2021.13.04.002
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| Download:
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