Indonesia's marine territory has become a big challenge for the Government of Indonesia to manage it. Nowadays, Indonesian marine has lot of regulation in the sea. But it's cannot prevent the basic interest of all people that earnings life from there. A lot of migrant has been smuggled in and by Indonesian's marine territory. The main concerns that arouse are: how should government give an equation for Indonesian migrant workers that are smuggled and how should the government put migrant workers protection to supply the equation for them. These questions will solve by a normative juridical study on the protection of natural resources and the resources of Indonesian fisherman. The study uses normative legal research which elaborated with conceptual approach from numbers of regulations that apply in marine labor law and employment law. This research is also complemented by a literature approach in the form of Indonesian legal literature and marine journals to address the issues raised in this paper. The findings in practice prove that the government should give more attention for the fisherman's welfare and protection related to fish catching. The objective protection for Indonesian marine resources is from regulated all the regulation to develop Indonesia economic from Maritime sector. It is all needed to make a new system in legal protection for Fisherman and Marine Resources in Indonesia.
This paper is a revised version and an expanded version of the paper entitled 'Shares Divestment Scheme in Indonesian Mining Law'. Several cases of ICSID are cases of shares divestment, one of them is the Freeport case that offers divestment by giving the assumption of investment if the Government extends the Freeport Operational License until 2041. It violates determination of divestment share price as the value should be based on fair market price without calculating the amount of minerals. Shares divestment execution is often hampered by the determination of divestment shares' price. The purpose of the divestment arrangement was not achieved because of the price fixing issue which causes divestment failure or causes divestment delay, and the shares that were previously for the government eventually fell on private shareholders which might be owned by foreign parties. This paper is a legal research. It is intended to formulate a shares divestment scheme in the mining sector in Indonesia based on rational choice theory and public choice theory, which is expected to give a valuable contribution to the Government of the Republic of Indonesia as well as stakeholders and can be the ontological basis for laws and policies related to the investment and mining laws in Indonesia. The approaches which are used are the conceptual, statute, case and comparative approach. The primary legal materials that are used are legislation, international conventions and court decisions, while the secondary legal materials are in the form of literature and related materials.Key words: Investment law, mining law, national interest, rational choice theory, shares divestment.
Selain memiliki dimensi sosial ekonomi, konflik agraria di Bongkoran, Kabupaten Banyuwangi, Provinsi Jawa Timur, Indonesia, juga memiliki dimensi hukum. Terdapat dualisme hukum yang konfliktual dalam hal penguasaan tanah dan klaim penggunaan. Satu pihak, pemerintah, dan korporasi mengandalkan hukum negara yang legalistik-positivistik, sedangkan masyarakat lokal mengandalkan hukum rakyat yaitu hukum informal yang sudah ada, hidup, dan berkembang dalam masyarakat komunal secara turun-temurun. Penelitian ini berfokus pada bagaimana perspektif sosiologis hukum menganalisis konflik hukum yang terjadi dalam konflik agraria Bongkoran, khususnya antara hukum negara dan hukum rakyat. Penelitian ini menggunakan metode kualitatif dengan perspektif sosiologi hukum. Subjek penelitian adalah petani/masyarakat Bongkoran, Penasehat Hukum Masyarakat, Pemerintah (Pemerintah Daerah, Badan Pertanahan Nasional, dan Kepolisian), dan unsur korporasi (PT Wongsorejo). Informan dipilih dengan menggunakan teknik purposive sampling, berdasarkan pertimbangan tertentu yang dapat dikenali terlebih dahulu yaitu mengenali dan memahami masalah yang diteliti. Pengumpulan data dilakukan melalui observasi, wawancara mendalam, dan dokumentasi. Data yang terkumpul dianalisis secara kualitatif dengan mengacu pada perspektif yang telah disajikan. Hasil penelitian menunjukkan bahwa penyelesaian konflik agraria di Bongkoran memerlukan implementasi hukum yang lebih berkeadilan bagi masyarakat lokal. Implementasi hukum tidak hanya berdasarkan pasal-pasal yang rigid dalam undang-undang, tetapi perlu memperhatikan konteks sosial budaya dan historis dari masyarakat. Dominasi hukum negara atas hukum rakyat dalam konflik agraria mengakibatkan praktik penundukan hukum negara ke hukum rakyat, baik secara persuasif maupun represif. Oleh karena itu, untuk meminimalisir ketegangan dan konflik antara hukum negara dan hukum rakyat dalam konflik agraria, diperlukan pemahaman baru tentang hubungan kedua hukum tersebut. Keberadaan dan penegakan hukum rakyat dijadikan sebagai elemen yang saling melengkapi dalam aspek normatif yang belum diatur dalam hukum negara. ; Apart from having a socio-economic dimension, agrarian conflicts in Bongkoran, Banyuwangi Regency, East Java Province, Indonesia, also have a legal dimension. There is a dualism of law that is conflictual in terms of land tenure and use claims. One party, the government, and corporations rely on legalistic-positivistic state laws, while local people rely on folk law, namely informal laws that have existed, lived, and developed in communal society for generations. This research focuses on how the sociological perspective of law analyzes the legal conflicts that occur in Bongkoran agrarian conflict, particularly between state law and folk law. This research used a qualitative method with a legal sociology perspective. The research subjects were farmers/people of Bongkoran, Community Legal Advisors (CLA), Government (Local Government, National Land Agency, and Police), and corporate elements (PT Wongsorejo). Informants were selected using a purposive sampling technique, based on certain considerations that can be recognized beforehand, namely recognizing and understanding the problem under this research. Data collection was conducted through observation, in-depth interviews, and documentation. The collected data were analyzed qualitatively by referring to the perspectives that have been presented. The results indicated that the resolution of agrarian conflicts in Bongkoran requires the implementation of laws that are more just for local communities. The implementation of the laws is not only based on rigid articles in the law, but it needs attention to the socio-cultural and historical context of the community. The dominance of state law over folk law in agrarian conflicts results in the practice of subjugation of state law to folk law, both persuasively and repressively. Therefore, to minimize the tension and conflict between state law and folk law in agrarian conflicts, it is necessary to have a new understanding of the relationship between the two laws. The existence and enforcement of folk law are used as a complementary element in normative aspects that have not been regulated in state law.
This paper aims at promoting prospective Intellectual Property (IP) securitization as a feasible mode of financing creative industries demanding instant capital to operate, develop products and promote market expansion. The proposed approach is dedicated to accelerate new financial sources of support to strengthen and develop creativity and productivity in the creative industries. The current paper introduces a new legal institution which is not regulated yet under Indonesia's positive laws. It shows how creative companies might use the institution to gain direct and indirect benefits. It is acknowledged that this proposal may spark challenges at the doctrinal, normative and practical levels. At the doctrinal level, the potential for challenge refers to the philosophical issue related to exclusive rights doctrine. At the normative level, the challenges are caused by the absence of regulation concerning IP securitization in Indonesia influencing the validity and viability of IP securitization transactions. At the practical level, this proposal may not guarantee the certainty of IP valuation as a unique asset involving complex procedures, interdisciplinary laws, profesionals and so forth. In order to overcome the doctrinal challenge, this paper offers relevant principles which may function to balance the acceleration of IP securitization as a new financing mechanism for creativity and prevent unrestricted exploitation of IP exclusive rights. For addressing any normative and practical challenges, this work promotes the need for government involvement in developing and promoting IP securitization by providing economic and legal frameworks, started by enactment of IP securitization regulation and the establishment of infrastructures for IP securitization
A soft Brexit scenario will include an implementation period from the day the UK formally leaves the EU to 31 December 2020. During the implementation period, the UK will continue to be functionally treated as an EU member state and remain a party to EU international agreement. Associated with the ASEAN single market, should be considered the readiness of Indonesian regulations and legislations that in sectorial concerns at least three aforementioned legal instruments to be harmonized with the laws of the ASEAN countries. Important findings were shown by the research from the perspectives of business law, especially, capital investment law, intellectual property and international trade law that Brexit has significant impact for the EU itself, Indonesia and also AEC.
Development of Indonesian national law should not leave attention to development of legal plurality as its source. Focus of this study is to see the influence of Indonesian social factors on the development of Islamic law and how Islamic law can be integratively transformed into the National Law. By qualitative method and socio-legal approach and constructivism paradigm, this study bases on theories of social change influeces on Islamic law law without leaving methodology of usul fiqh and the sources of Islamic law. Islamic law has broad opportunity and experiences to be integratively transformed into national law within Indonesia's own character. Transformation can be done in the whole structure of Islamic law including its values of philosophy, principles and norms, and can be performed in all areas, both private and public Law, written law by political power and unwritten law with cultural approach. However, Islamic law as one of the Indonesia living laws and the sources of National law, still today is viewed in dichotomy to the National law and only transformed in limited norms. There are many obstacles to be transformed into national law integratively and widely, though Islamic law has wide space of interpretation and intellectualism that can adapt to different contexts and National law.
This article discusses the effectiveness of the working age of state civil servant teachers based on Law number 5 of 2014 concerning state civil servants. This research raises the implementation of the productive age of state civil servant teachers and the efforts made by schools to increase teacher productivity and Islamic legal views regarding the productive age of state civil servant teachers. It is hoped that the regional government will increase the number or appoint teachers with the status of civil servants at this school for the progress of this school and take into account the welfare of its teaching staff and it is hoped that the teaching staff, both civil servants and non-civil servants, will remain trustworthy in carrying out their teaching duties. future future nationals.
The implementation of good governance become the main agenda that has to be done by any government agencies. Because this is a requirement that shows the Government's commitment in carrying out theirs duty to serve the community. All officers must have an understanding of public information disclosure / Keterbukaan Informasi Publik (KIP) based on Act Number 14 of 2008, the principles which referred to is accountability, transparency and the supremacy of law. This article is a normative legal research studying the principles/laws that is a research on applied regulations related to The Implementation of Trust +Positif Concerning Good Governance. This research aims to reveal the regulations related to the implementation of community service in conducting good governance in order to prepare ASEAN Economic Community. The conclusion of this research are that to create a good governance as expected by the community, the implementation of the function of Trust +Positif service is needed and we have to create synergy between the governmental officers who implement the policy and the community whom the policy applied to. Therefore, it is necessary to have cooperation between the two parties.
The preference of states to use public diplomacy strategy to support the realization of their national interests has become an international phenomenon nowadays. Public diplomacy in the modern era of International Relations turns out to be an instrument for states to exercise their soft power, as well as to convey specific messages intended for the international public. Thus, public diplomacy could be an alternative way for states that had serious barriers in practicing formal diplomacy in conventional ways. Palestine, as an entity whose legal status remains debatable, also utilizes public diplomacy as its strategy to gain support and recognition from the international community. This paper would aim to answer the research question on how Palestine exercises its public diplomacy, particularly digital diplomacy and citizen diplomacy, to gain international recognition for its statehood. By means of the use of social media and the exposure on Palestine's internationally well-known figure, Palestine is building a perception that Palestine itself is a state with no difference with the other states — therefore deserves independence and total sovereignty over its territory. ; The preference of states to use public diplomacy strategy to support the realization of their national interests has become an international phenomenon nowadays. Public diplomacy in the modern era of International Relations turns out to be an instrument for states to exercise their soft power, as well as to convey specific messages intended for the international public. Thus, public diplomacy could be an alternative way for states that had serious barriers in practicing formal diplomacy in conventional ways. Palestine, as an entity whose legal status remains debatable, also utilizes public diplomacy as its strategy to gain support and recognition from the international community. This paper would aim to answer the research question on how Palestine exercises its public diplomacy, particularly digital diplomacy and citizen diplomacy, to gain international recognition for its statehood. By means of the use of social media and the exposure on Palestine's internationally well-known figure, Palestine is building a perception that Palestine itself is a state with no difference with the other states — therefore deserves independence and total sovereignty over its territory
The rural population is a basic capital for national development, owned by the people and the Indonesian nation. In the constitutional structure of the Republic of Indonesia, the Village has developed in various forms and is obliged to be protected and empowered to be strong, advanced, and democratic and democratic so as to carry out governance and development towards a just, prosperous and prosperous society. The involvement of the Village Head in resolving conflicts within rural communities has made the writer interested in studying the nature of cases out of court settlement by the Village Head against the village community and the reformulation of legal policies in implementing the nature of the settlement of a non-court problem. The approach used in this research is statute approach, historical approach, and conceptual approach, and case approach. The results of this study states that solving a problem that occurs in the village by placing the Village Head as a peace judge is a form of discretion / policy of the executive in order to realize public service for the community. In other words because it is a discretion, it certainly follows the laws and regulations that state the limits of it.
The state is obliged to strive for the realization of justice for traditional fishing communities. Traditional communities are fishing communities whose traditional rights are still recognized in carrying out fishing activities or other legal activities in certain areas located in archipelagic waters following the international law of the sea. Coastal space areas and small islands that indigenous/traditional communities have managed from the obligation to have location permits and management take national interests and laws and regulations into account. Article 26 A of the Republic of Indonesia Number 1 of 2014 makes it easy for outsiders to control small islands that regulate the use of small islands and surrounding coasts through investment forms based on a ministerial permit that must prioritize the national interest. Positive law must protect traditional fishing communities and indigenous peoples. This research aims to analyze the regulation of fishermen's protection from deprivation of their rights in earning a living and livelihood. The research method used is normative research, meaning the implementation of legal provisions in the form of legislation in activities for certain legal events in the community, especially the fishing community. Normative research refers to and examines laws and regulations related to the research being conducted. The research locations cover coastal areas throughout Indonesia, especially Banda Aceh, Padang, Jakarta, Semarang, Surabaya, Manado, Kupang, Ternate, and Mataram. The state can provide knowledge, guidance, and protection for fishermen from various actions of deprivation of their rights to earn a living and protection such as piracy, the practice of fishing theft, abuse of trawling, transshipment activities, threats, and violence by foreign parties to Indonesian fishers. The central government and local governments are obliged to provide facilities for guaranteeing fishing areas or fishing coverage areas that are safe and do not overlap with other fields. ; Negara berkewajiban mengupayakan terwujudnya keadilan bagi masyarakat nelayan tradisional. Masyarakat tradisional adalah masyarakat perikanan yang masih diakui hak tradisionalnya dalam melakukan kegiatan penangkapan ikan atau kegiatan lainnya yang sah di wilayah tertentu yang berada di perairan kepulauan mengikuti hukum laut internasional. Wilayah pesisir dan pulau-pulau kecil yang dikelola masyarakat adat/tradisional dari kewajiban izin lokasi dan pengelolaannya memperhatikan kepentingan nasional dan peraturan perundang-undangan. Pasal 26 A Undang-Undang Republik Indonesia Nomor 1 Tahun 2014 memberikan kemudahan bagi pihak luar untuk menguasai pulau-pulau kecil yang mengatur pemanfaatan pulau-pulau kecil dan pesisir sekitarnya melalui bentuk penanaman modal berdasarkan izin menteri yang harus mengutamakan kepentingan nasional. Hukum positif harus melindungi masyarakat nelayan tradisional dan masyarakat adat. Penelitian ini bertujuan untuk menganalisis peraturan perlindungan nelayan dari perampasan haknya dalam mencari nafkah dan penghidupan. Metode penelitian yang digunakan adalah penelitian normatif, artinya penerapan ketentuan hukum berupa peraturan perundang-undangan dalam kegiatan untuk peristiwa hukum tertentu dalam masyarakat, khususnya masyarakat nelayan. Penelitian normatif mengacu pada dan mengkaji peraturan perundang-undangan yang terkait dengan penelitian yang dilakukan. Lokasi penelitian meliputi wilayah pesisir di seluruh Indonesia, khususnya Banda Aceh, Padang, Jakarta, Semarang, Surabaya, Manado, Kupang, Ternate, dan Mataram. Negara dapat memberikan pengetahuan, pembinaan, dan perlindungan bagi nelayan dari berbagai tindakan perampasan hak untuk mencari nafkah dan perlindungan seperti perompakan, praktik pencurian ikan, penyalahgunaan trawl, kegiatan transshipment, pengancaman, dan kekerasan oleh pihak asing kepada nelayan Indonesia. Pemerintah pusat dan pemerintah daerah wajib menyediakan fasilitas untuk menjamin wilayah penangkapan ikan atau wilayah jangkauan penangkapan ikan yang aman dan tidak tumpang tindih dengan bidang lain.
Governance reforms should be coupled with a passion for bureaucratic reform. Good Governance must be done in an effective, clean and efficient so as to ensure the welfare and freedom of the life of the nation. The development dynamics of community life must be balanced with the development tingkal laws to regulate behavior in public life. The institutional and system rules experiencing rapid changes that aim to serve the needs of the community with excellent service then takes the free will / discretionary / Freis Emmersen owned by officials of state administration in implementing the government. Modern legal system of the country familiar with the term discretionary / Freies ermessen the free will which is owned by officials of state administration which can be used in certain circumstances. The use of discretion in the administration of government by officials of the state administration should pay attention to the rules of law that is in accordance with the intended use of such discretion is not contrary to the provisions of the legislation, based on the General Principles of Good Governance (Good Governance Principles), based on objective reasons, does not give rise to a conflict of interest; and based on good faith towards the ideals of the nation and state in the preamble of the 1945 Constitution.
Governance reforms should be coupled with a passion for bureaucratic reform. Good Governance must be done in an effective, clean and efficient so as to ensure the welfare and freedom of the life of the nation. The development dynamics of community life must be balanced with the development tingkal laws to regulate behavior in public life. The institutional and system rules experiencing rapid changes that aim to serve the needs of the community with excellent service then takes the free will / discretionary / Freis Emmersen owned by officials of state administration in implementing the government. Modern legal system of the country familiar with the term discretionary / Freies ermessen the free will which is owned by officials of state administration which can be used in certain circumstances. The use of discretion in the administration of government by officials of the state administration should pay attention to the rules of law that is in accordance with the intended use of such discretion is not contrary to the provisions of the legislation, based on the General Principles of Good Governance (Good Governance Principles), based on objective reasons, does not give rise to a conflict of interest; and based on good faith towards the ideals of the nation and state in the preamble of the 1945 Constitution.
The Regional Representative Council (hereafter called DPD) is one of the top state institutions that is directly elected in the General Election. In general, the members of the Regional Representative Council of the Republic of Indonesia (hereafter called DPD RI) are tasked with bringing up the interests and aspirations of the people in the regions to the central government as well as having the authority to carry out supervision in the regions. Supervision in question is the supervision of the implementation of laws, and the results of DPD supervision are submitted to the House of Representatives (hereafter called DPR) as a material for consideration for follow-up. Based on this background, this research was conducted with the aim of describing how DPD RI's supervisory function mechanism on the implementation of regional autonomy in Bali Province and what obstacles DPD RI faces in supervising regional autonomy in Bali Province. This research was conducted using a normative legal research method with a statutory approach. The results of this study showed that DPD RI oversight function is implemented with three mechanisms, namely the absorption of aspirations in the community, conveying aspirations through the preparation of reports and problem inventory lists, and submission of the results of supervision to DPR. While the obstacles faced by DPD RI in supervising regional autonomy in Bali Province are the weak authority of DPD RI compared to its legitimacy, the cooperation pattern between DPD and related regional government agencies that has not been clearly regulated, and the lack of support and community participation for participate in supervising after the enactment of a law.
Since the fall of the New Order regime, the courage to sue the state began to reverberate dipentas unitary national politics. The emergence of the idea of a federal state (united state) is the antithesis of the implementation of regional autonomy in Indonesia based on Law No.5 of 1974 on the Principles of Local Government is in the very setralisti. Through these legal instruments are the restraints and the dominance of local independence done so strict and systematic. Though conceptually the real regional autonomy is the freedom of movement (of expression) should be given to the autonomous regions to conduct their own initiatives to manage the interests of society in the region. Therefore there is a presumption that the imposition of the concept of regional autonomy through the form of a unitary state did not take the welfare of people in the region because the laws on local government implementation of the new order which is conceptually very repressive, also followed well as the behavior of authoritarian governments, harassing human rights, setralisme power sucking resources into the central region. To overcome this, then the solution is the democratization and decentralization of power through regional autonomy the broadest, not by changing the form of the state of federalism, but by changing the way state officials are concerned interestexistence of regions including the utilization of natural resources equity and pluralism (diversity) regions. This is where the importance of regional autonomy as one of the vanguard of the unitary Republic of Indonesia guard.Keywords: Unitary - Federal - Regional Autonomy
