Suchergebnisse

The responsibility of parents to fulfill children's rights must still be carried out even if the parents are divorced. In Law Number 1 of 1974 concerning Marriage it is explained that the father is responsible for all rights to provide for the child, but often the father is negligent in fulfilling his obligations even though there has been a judge's decision in court. Basically in the realm of the Court, a request for execution can be made in fulfillment of child support costs if the father/ex-husband is negligent, but this execution is not an easy thing. The purpose of this study is to analyze the urgency of establishing a supervisory institution as an effort to fulfill child support costs due to divorce. This research method is normative law with statutory approaches, conceptual approaches, and comparisons originating from legal materials which are processed and analyzed with the results of the study.

The enactment of Law Number 17 of 2008 concerning Shipping is the separation of the functions of government activities at ports and the functions of port exploitation. The separation of the functions of government activities and port operations aims to manage ports professionally, by opening up opportunities for fair business competition. There are two authorities in the Port Authority and Port Business Entity, namely the Government in this case the port authority and the Port Business Entity which obtains a permit from the ministry. For this reason, it is necessary to build synergy in maintaining Port Authority and Port Business Entity at commercial ports. The problem in this research is the synergy between the Port Authority (government) and Port Business Entity in maintaining shipping lanes and port pools in commercial ports. Using normative research methods, it is known that the synergy between port authorities and port business entities in maintaining shipping lanes and port pools at commercial ports is carried out through communication and coordination and is stated in the form of an agreement. The agreement made is a joint commitment between Port Authority and Port Business Entity to improve shipping safety and improving services at commercial ports.

The port is a gateway to enter a region or country and as a liaison infrastructure between regions, between islands, and even between countries. One of the important factors in the port is the shipping lane. The shipping lane is used for the trajectory of ships that will enter the port pool. The Port Business Entity has the obligation to carry out maintenance of shipping lanes and port pools in the form of dredging, so that ship traffic flows and port pools can be maintained properly. However, there are obstacles to carrying out dredging, namely regulations related to the obligation of business actors to have at least one dredger unit to obtain a dredging and reclamation business permit. In addition, regarding funding from the State Revenue and Expenditure Budget (APBN), in particular the dredging of shipping lanes and port pools, the central government no longer allocates dredging funds. By using normative legal research, it is known that legal reconstruction in shipping lanes and port pools by port business entities (BUP) will be carried out in the future to realize the discourse on the transformation of port business entities. In addition, it is necessary to improve Law Number 17 of 2008 concerning Shipping; it is necessary to improve port regulations.

Ratio legis is the reason or purpose for making a law, ratio legis is a thought that becomes philosophical basis or content behind the inception of the law. Related to ratio legis, the legislation in every country has different characteristics in arranging it, specifically in the legislation related to the defense certainly has its defense strategy which is adjusted to geographical condition, threat and ideology. State defense is aimed to defend the wholeness of a state, state sovereignty and nation's safety from threat and disturbance to the wholeness of nation and state. Then state defense of Indonesia can be understood as a total defense system that involve all citizens, regions and other national resources. System of defense is prepared early by the government and held totally, integrated, directed, and continued to enforce state sovereignty, wholeness of region and nation's safety from the threat of system of stte defense which then it needs to be formulated into instrument of law or legislation. This study uses normative legal research, analyzing relation of article 30 UUD 1945, article 7 UU No. 34 year 2004 on Indonesian Military (TNI) and article 43 UU No. 5 Year 2018 on Eradication of Terrorism Criminal Act and other regulation related to legal issues of regulating terrorism eradication from the perspective of state defense and safety, specifically giving task of Indonesian Military in solving terrorism act as a part of Military Operation other than war. The aim that wants to be achieved is finding consistency and conformity among related laws namely giving task of Indonesian Military in handling terrorism act and its relation to Military Operation other than war. From the study, it obtains an argument to answer actual issue of terrorism eradication from the relevant and urgent defense and safety perspectives for Indonesia that becomes the focus of this study

Fundamentally, all forms of punishment are deprivation of human rights. One of the most severe punishments in criminal justice system is death penalty which is specifically aimed at serious crime. Several mechanisms as a form of legal protection for death convicts are judicial review and clemency petitions. Problems arise due to the time difference in the waiting period, which is not limited and in some cases even reaching 20 (twenty) years. Meaning, death penalty convicts have experienced two sufferings at once (double suffering) which is certainly contrary to the principle of punishment in the context of modern criminal law. The research aim is to analyse the basis for the philosophy of legal protection for death penalty convicts who are not executed immediately after the verdict becoming legally binding. This research is a normative legal research with the approach of Law, History, Comparison, Philosophy and Cases. The legal materials used are primary, secondary and tertiary with analytical techniques using perspective analysis. The results of the study indicate that in the future there must be uniformity regarding the waiting time limit regulated in the legislation, namely a period of 10 (ten) years as a form of legal protection for death penalty convicts, so the effectiveness of the death penalty as a preventive and repressive means can be realized.

Indonesia's strategic geographic position as a link between the Central and Middle East Asia regions with Australia in the movement of migration flow has made Indonesia a transit area that many immigrants pass through. What needs to be watched out for are illegal entrances (mouse path), both sea routes and land routes, considering that Indonesia is a large archipelagic country and existing crossings have not been optimally guarded. Looking at these conditions, the existence of a world organization in Indonesia that deals with refugees, namely the United Nations High Commissioner for Refugees (UNHCR), can provide some temporary or permanent solutions, with short or long processes and mechanisms, which must be passed by refugees. The existence of refugees in Indonesia should be managed by the flow of the process in which refugees will be placed in third countries. In the waiting process when they will be dispatched to a third country, the refugees occupy a shelter which is then under the supervision of RUDENIM (Immigration Detention Center). From the description above, the problem in this research is studying RUDENIM's supervisory function on additional tasks in the context of immigration control of refugees in the aspect of state sovereignty. The research method used in answering problems is using normative juridical research methods, by analyzing secondary data and legal materials related to statutory regulations, books, and scientific journals. This research also uses several approaches, namely statutory approach, conceptual approach, and case approach.

AbstractThe Straits of Malacca and Singapore are two of the busiest maritime chokepoints in the world. As straits used for international navigation categorized under Article 37 of the Law of the Sea Convention 1982 (LOSC), littoral States of Malaysia, Indonesia, and Singapore possess no rights to deny the exercise of the transit passage regime by foreign vessels plying these Straits. As a result, the marine environment of the Straits of Malacca and Singapore is gradually affected particularly by operational discharges from vessels. This article looks at the possibility of designating the Straits of Malacca and Singapore as a "Special Area" under the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78). This paper concludes by recommending the most appropriate "Special Area" designation under any of the Annexes of MARPOL 73/78 for the Straits of Malacca and Singapore.