Hukum Perizinan - Pendahuluan Hukum Perizinan

Summary

In this educational video, Ahmad Royhan introduces the concept of 'Hukum Perizinan' (Licensing Law) in Indonesia. The video explores the historical roots, definitions, and legal basis of licenses, as well as the key role they play in regulating activities and ensuring legal compliance. Experts' views on licensing are discussed, including its purpose for both government and society, such as enforcing laws, generating revenue, and facilitating resource management. Ultimately, the video emphasizes the significance of understanding licensing in administrative law for both businesses and individuals.

Takeaways

• 😀 The term 'izin' (license) has existed since the Dutch colonial period, where it was called 'vergunning', and was later adapted into the Indonesian language.
• 😀 A license is essentially a formal approval that permits activities that were otherwise prohibited, subject to specific conditions and legal frameworks.
• 😀 According to **Kamus Besar Bahasa Indonesia (KBBI)**, a license is a statement of approval by an authority based on legal regulations, granting permission for certain actions.
• 😀 Licensing is an important concept in administrative law, specifically within the context of government regulations and public administration.
• 😀 Legal scholars define licensing as an exception to prohibitions, where specific acts are allowed under regulated conditions. It acts as a dispensation from a ban.
• 😀 Government authorities are responsible for granting licenses based on existing laws and regulations, ensuring activities comply with legal standards.
• 😀 Licensing is not just a form of permission but also ensures that certain activities are regulated for the safety and well-being of society and the environment.
• 😀 The primary objectives of granting licenses include ensuring regulatory compliance and generating government revenue through licensing fees.
• 😀 From society’s perspective, licensing provides legal certainty, assures rights, and grants access to essential facilities or services.
• 😀 Licensing also serves to control and regulate activities that may pose risks to the environment or society, preventing harmful or unregulated operations.
• 😀 Licensing helps in the fair allocation of resources, ensuring they are not monopolized by a single entity, and promoting economic balance and fairness.

Q & A

What is the general definition of 'perizinan' (licensing) as discussed in the video?

Perizinan is the act of granting permission from an authority, typically the government, to allow an individual or organization to carry out an activity that would otherwise be prohibited. It can also be seen as a dispensation from certain legal prohibitions under specific conditions.

How does the concept of 'perizinan' relate to Indonesian administrative law?

Perizinan is a key part of Indonesian administrative law, specifically under the framework of 'Hukum Administrasi Negara' (State Administrative Law). It involves the relationship between the government and its citizens, where the government grants permissions for certain activities based on legal regulations.

What historical context is mentioned regarding the term 'perizinan'?

The term 'perizinan' has its origins in the period of Dutch colonialism in Indonesia, where it was referred to as 'vergunning'. The term was later adopted into the Indonesian language and became part of the legal framework under Indonesian law.

What is the role of the government in granting 'perizinan'?

The government, through authorized officials, plays a central role in granting licenses or permissions to individuals or organizations. This power allows the government to regulate and control activities that could potentially be harmful or undesirable for society.

How does the 'Kamus Besar Bahasa Indonesia' (KBBI) define 'perizinan'?

According to the KBBI, 'perizinan' refers to the process or act of granting permission, which may involve issuing a formal decision or document that provides legal authority for an individual or organization to engage in a particular activity.

What are some of the definitions of 'perizinan' according to various legal scholars mentioned in the video?

Legal scholars such as Prayudi Atmosudirdjo and Aceh Syafruddin define 'perizinan' as the government's approval or dispensation for actions that are generally prohibited, given specific conditions or criteria are met. The concept emphasizes granting legal permission under regulated circumstances.

What is the significance of 'perizinan' in terms of administrative functions?

Perizinan serves as a legal tool that allows the government to regulate certain activities, ensuring that they are carried out in accordance with established laws. It also provides a framework for ensuring public order, safety, and the efficient management of resources.

What are the two main objectives of granting 'perizinan' from the government’s perspective?

From the government’s perspective, the main objectives are: 1) to enforce regulations and maintain legal order, and 2) to generate revenue, often through fees or taxes associated with the licensing process.

How does 'perizinan' benefit individuals or organizations requesting it?

For individuals or organizations, obtaining 'perizinan' provides legal certainty about whether they are permitted to carry out certain activities. It also guarantees their rights to do so and facilitates access to public services or resources.

What are the broader societal benefits of 'perizinan' as described in the video?

Broader societal benefits of 'perizinan' include ensuring that activities are regulated to prevent harm, such as environmental damage, and to distribute limited resources fairly. It also helps protect public safety by ensuring that only qualified parties can engage in certain activities.