Ketidak-harmonisan rumusan ekosistem gambut dalam perspektif asas kejelasan rumusan (Kajian yuridis terhadap Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan)

Abstract

The term of peat or peat ecosystem explicitly and implicitly is at least inside five fields of legislation of natural resource management, those are : environmental field, forestry field, spatial field, plantation field, and energy and mineral resources field. Arrangement of the diverse peat ecosystem on legal fields has sectoral implications in organizing right and governance of peat. In Academic Text of Law of environment protection and management, it is stated that one of the causes of the conflict of natural resources and environmental is disharmony of regulations both vertically and horizontally. Subsection 5 of Constitution Number 12 Year 2011 about Legislations Establishment declares, one of principles that becomes milestone in legislations establishment is “the principle of clarity of formulation, where each Legislations should fill the rules of technical forming of Legislations, systematics, word choice or term, and also clear and understandable legal language so that does not cause various interpretation in its’ implementation. With the intention of reaching regulation harmony on peat, research that does juridical and conceptual approach is normative legal research that reviews legal issue from legal norm aspect that manage about peat and has close relationship to the object, that is Constitution Number 32 Year 2009 about environment protection and management and Constitution Number 12 Year 2011 about Legislations Establishment.