Herdiansyah Hamzah, S.H., L.LM., a lecturer at the Faculty of Law, Mulawarman University, Samarinda, recently defended his doctoral dissertation in an open examination at the Faculty of Law, UGM, with a research paper titled “An Elaboration of the Principles Governing Natural Resources Based on Constitutional Court Decisions” on Friday (May 5)..
For this doctoral defense, the supervisor was Prof. Nurhasan Ismail, S.H., M.Si, and the co-supervisor was Dr. Zainal Arifin Mochtar, S.H., LL.M. The examining committee, chaired by Dahliana Hasan, S.H., M.Tax., Ph.D., consisted of Prof. Dr. I Gusti Ayu Ketut Rachmi Handayani, S.H., M.M., Andy Omara, S.H., M.Pub&Int.Law., Ph.D., Dr. Rikardo Simarmata, S.H., and Dr. Harry Supriyono, S.H., M.Si.
In his dissertation, Herdiansyah Hamzah focuses on 20 legal principles governing natural resources that have been identified in Constitutional Court rulings. These principles are divided into five groups: principles related to the state’s right of control, principles related to sustainability, principles related to the protection of human rights, principles related to social justice, and principles related to democracy. Herdiansyah Hamzah’s research concluded that, of the 20 principles, 7 were not consistently incorporated into amendments to laws governing natural resources.
“Based on the research findings, no system or instrument similar to those in Germany or the United States was identified. Only about 52% of the Constitutional Court’s rulings are properly implemented by the addressees—in this case, the lawmakers. The reasons why the Constitutional Court’s principles cannot be enforced, as cited by Tom Ginsburg, include the principles being rejected, the existence of legislative amendment processes, or the principles being intentionally disregarded,” said Herdiansyah Hamzah.
During this open defense, Herdiansyah Hamzah successfully defended his dissertation and was awarded an A. It is hereby announced that Dr. Herdiansyah Hamzah, S.H., L.LM., is the 254th doctoral graduate to pass the examination at the UGM Faculty of Law and the 5,782nd doctoral graduate from Gadjah Mada University.
