Suchergebnisse

AbstractThe development of ocean management emerged during the United Nations Conference on Environment and Development 1992 (UNCED). UNCED produced what known as Rio Declaration, which introduced a wider, sustainable and integrated approach in managing the environment and this includes ocean space. As a result, Indonesia has produced Indonesian Act 32/2004 on Regional Autonomy, which devolves the management of coastal zone to provincial administration u/p to 12 nautical miles from the coastal shoreline, and one-third of the provincial administration is under local government administration. Further development was the enactment of Indonesian Act 27/2007 on the Management of Coastal Areas and Small Islands, which provides regulations on coastal areas zoning which will be conducted by regional as well as local government. This paper will analyse the legal conformity between national law on coastal management (as regulated under Act 32/2004 and Act 27/2007) with archipelagic states principles provided by international law (Part IV of the Law of the Sea Convention 1982). It is argued that the ground norm of archipelagic state principles was restoring the function of the ocean as unifying factor of Indonesian people for optimal utilization of ocean resources. On the other hand, the implementation of Act 32/2004 and Act 27/2007 raised conflicts, especially conflicts between traditional fishermen, which transform the function of the ocean as dividing factor of Indonesian people. Thus, it is argued that in ocean management more emphasized on the groun norm of archipelagic state principles should be done. In addition, a new system and corresponding sets of values for policy formulation and implementation must be created. Key words: integrated, sustainability, decentralized coastal zone management, archipelagic state AbstrakPerkembangan pengelolaan wilayah laut dimulai pada saat diadakannya United Nations Conference on Environment and Development (UNCED) pada tahun 1992. UNCED menghasilkan Deklarasi Rio (Rio Declaration) berisi tentang prinsip-prinsip pengaturan serta pengelolaan wilayah laut modern, dimana diakui adanya pendekatan baru yang mengedepankan prinsip keterpaduan (integrated) dan keberlangsungan (sustainability) dalam pengelolaan wilayah laut. Sehubungan dengan hal tersebut, Indonesia mengeluarkan Undang-Undang Nomor 32 Tahun 2004 tentang Pemerintahan Daerah (UU 32/2004), yang memberikan kewenangan pengelolaan wilayah pesisir dan lautan sebesar maksimal 12 mil laut kepada pemerintah propinsi, sedangkan pemerintah kabupaten/kota diberi kewenangan pengelolaan wilayah pesisir dan lautan sebesar 1/3 wilayah pesisir yang diberikan kepada pemerintah propinsi. Selanjutnya Undang-Undang Nomor 27 Tahun 2007 tentang Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil mengatur tentang zonasi wilayah pesisir yang harus dilakukan oleh pemerintah daerah.Tulisan ini akan menganalisa kesesuaian norma hukum antara UU 32/2004 serta UU 27/2007, dengan prinsip negara kepulauan yang diatur dalam ketentuan hukum internasional. Norma dasar prinsip negara kepulauan adalah mengembalikan fungsi laut di Indonesia sebagai sarana pemersatu bangsa guna pemanfaatan sumber daya laut secara optimal untuk kepentingan bersama secara merata. Sementara itu pelaksanaan UU 32/2004 dan UU 27/2007 memunculkan banyak konflik, terutama konflik antar nelayan yang mengarah kepada berubahnya fungsi laut di Indonesia, bukan lagi sebagai sarana pemersatu melainkan sebagai sarana pemisah. Dengan demikian, dalam pelaksanaan desentralisasi pengelolaan wilayah pesisir dan lautan diperlukan suatu penekanan pada nilai-nilai dan norma yang melandasi prinsip negara kepulauan; serta diperlukan suatu mekanisme tersendiri yang dapat meminimalisir munculnya konflik. Kata kunci: integrated, sustainibilty, desentralisasi pengelolaan wilayah pesisir dan lautan, prinsip negara kepulauan

Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations.This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD), which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects.Although it is believed that such approached is "culturally unrecognized" in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international navigational routes, this paper argued that it is an urgent need for Indonesia to have appropriate salvage law in place, so it can develop dinamically from shipping practice and confirm with international regulations in salvage. Keywords: salvage law, maritime law, commercial and environmental.

The era of trade liberalisation for the ASEAN Economic Community (AEC) began in December 2015 and brought about economic liberalisation in the Southeast Asian region. This era is competitive and the ASEAN member states (AMSs) almost do not have full power of sovereignty to govern their own economic national matters. In this globalised dependence era, the majority of states in the world have to adjust and adopt as well as adapt their national laws to internationalised rules of law. This trade liberation era also has forced companies and other business entities, including Small and Medium Enterprises (SMEs) and Cooperatives in Indonesia to compete with each other in order to tap the benefits of international trade liberalisation. In this context, SMEs and Cooperatives in Indonesia need some kind of protection from the government that does not oppose international regulations on trade. While the number of SMEs and Cooperatives is 98 per cent, their contribution to Indonesian export is small, at only 19 per cent. They are weak in terms of capacity building and access to capital, information technology, global markets as well as integration with regional and global market chains. This research paper evaluates SMEs and Cooperatives in Indonesia in terms of facing AEC trade liberalisation, i.e., what has done and should be done by the authority is to give proper protection to the SMEs in Indonesia by focusing on the manufacturing SMEs as this sector has the best chance of boosting SMEs' export capacity and building the competitiveness of Indonesian SMEs in order to be equal with other SMEs in the ASEAN region.

The research objectives were to analyze the legal protection of participants of the old age guarantee program as well as the threat of sanctions for companies that delinquent payment of Social Security Agency for Employe (BPJS Employment) dues. The research used a juridical-sociological approach with a type of sociolegal research. Data sources in the form of primary, secondary, and tertiary data were analyzed qualitatively. Legal protection of participants of the old age guarantee program consisted of preventive legal protection, namely through Government Regulation Number 60 of 2015, and repressive legal protection based on internal Standard Operating Procedure (SOP) from BPJS Employment provided if the company in question delinquent dues payment. The threat of sanctions for companies that delinquent payment of BPJS Employment dues was in the form of administrative sanctions, although in practice the sanctions were considered ineffective to be applied.

This study focuses on discussing the validity of information technology-based loan contracts and the use of third party personal data for company activities in the event of default. This study uses a normative juridical method with a legislative approach and a case approach. Loan contracts use legitimate electronic transactions if there is a contract of the parties that bind themselves. An information technology-based loan contracts to borrow money using third party personal data without permission will not cancel the contract. A third party can apply to the court to cancel himself as a party involved in the agreement.