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 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.

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.

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

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.

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.

Culture and armed conflict: Destruction of cultural heritage as method of ethnic cleansing; Helga Špadina The objectives of Indonesian private international law; Tiurma M. Pitta Allagan Restricted right to employment among refugees and asylum seekers in Indonesia and its consequences; Yanuar Sumarlan & Naparat Kranrattanasuit Intentional destruction of cultural heritage and reparations; Ana Filipa Vrdoljak Celebrating traditional culture through information science and technology; Dadan Suhandana, Tri Sony Saragih & Hokky Situngkir The investment liberalization policy in the ASEAN territory considered in terms of the welfare state concept; Delfiyanti, M.