Subsidies for Illegal Activities?—Reframing IUU Fishing from the Law Enforcement Perspective

2019 ◽  
Vol 22 (3) ◽  
pp. 417-438
Author(s):  
Jaemin Lee
Keyword(s):  
Law Enforcement ◽  
The Real ◽  
The Core ◽  
Iuu Fishing ◽  
The Law ◽  
Illegal Activities ◽  
Fisheries Subsidies ◽  
Real Challenge ◽  
Laws And Regulations

ABSTRACT Fisheries subsidies norms and discussions at present are based on the subsidy framework under the Agreement on Subsidies and Countervailing Measures. This approach is pertinent vis-à-vis various types of governmental subsidies provided to fisheries industries. It, however, fails to tackle illegal, unreported and unregulated (IUU) fishing, one of the core targets of the fisheries subsidies norms, because few governments ‘subsidize’ illegal activities such as IUU. As far as IUU fishing is concerned, the real challenge is not about subsidies but about how to enforce domestic laws and regulations to punish owners, operators, and fishermen engaged in such illegal activities. Future discussion of fisheries subsidies norms regarding IUU should reflect the law enforcement aspect in addition to the present subsidy aspect.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Time for Punishment with Subjectivity: Study Philosophy of Law

2019 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Aditya Yuli Sulistyawan
Keyword(s):  
Law Enforcement ◽  
Legal Positivism ◽  
Legal Philosophy ◽  
Public Concern ◽  
Philosophy Of Law ◽  
Legal Cases ◽  
The Real ◽  
Legal Science ◽  
The Law

<p class="IABSSS">The dominance of legal positivism in thought and law enforcement is a reality. Saintism of legal science presents a law that is conceptualized as something that exists in sensory terms, along with its straightforward, rational, and objective nature. Law is always requested objectively. Objectivity is done by freeing the subject's mind to the legal reality that already exists as an object. Therefore, various legal cases such as the case of Asyani, Rasminah, Minah and others, are things that are easily proven as violating the law because it is a violation of the text of the article of law. Such a way of law, is now starting to become a public concern. So, when objectivity begins to be questioned, that's when the real subjectivity of asking begins to be considered - and this will be explained [only] in the study of legal philosophy, especially paradigmatic studies. This paper will discuss the possibility of subjectivity in law, which will be presented in the paradigmatic study.</p>

scholarly journals Legal aspects of the concept of the image of the law enforcement system

2020 ◽  
pp. 144-148
Author(s):  
Maria Bargueva
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
The Core ◽  
The Law

The article deals with the problems of the concept of the image of the law enforcement system. The basis of this concept is the legal content. The core image of the law enforcement system is formed in the law. However, the very concept of the image of the law enforcement system cannot be fixed in the text of the law. It manifests itself in law through other concepts and constructions.

scholarly journals DISPARITAS PENEGAKAN HUKUM DI INDONESIA (ANALISIS KRITIS KASUS NENEK MINAH DALAM PERSPEKTIF HUKUM PROGRESIF)

2017 ◽  
Vol 16 (2) ◽  
pp. 221
Author(s):  
Murdoko Murdoko
Keyword(s):  
Law Enforcement ◽  
Public Domain ◽  
Economic Power ◽  
Court Decisions ◽  
The Real ◽  
The Poor ◽  
The Law ◽  
Sense Of Justice

<em>This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of </em>Nenek Minah is<em> ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.</em>

scholarly journals PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATOR TERKAIT PENANGANAN TINDAK PIDANA KORUPSI DI INDONESIA

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Rika Ekayanti
Keyword(s):  
Law Enforcement ◽  
Scientific Journal ◽  
Legal Protection ◽  
The State ◽  
Legal Research ◽  
Evidential Value ◽  
Legal Provisions ◽  
The Law ◽  
Laws And Regulations

The discussion in this thesis raised regarding Legal Protection against Justice Collaborator in the handling of corruption in Indonesia. The objectives of this study are to be analyzed with both forms of regulation and identify the type of protection provided by the laws of the State of Indonesia justice collaborator and determine the accuracy of the strength of the evidential value of the testimony in the trial of a justice collaborator, by analyzing the legal provisions in the legislation other law relating to witnesses. This type of research is used in a scientific journal this is the kind of normative legal research, because there is disharmony norm based research in the form of a legal vacuum regarding the setting justice collaborator in formal laws and regulations in Indonesia, as well as the legal ambiguities in the text of the legislation on Article 10 paragraph (2) Law No.. 13 of 2006 on the Protection of Witnesses and Victims of the justice collaborator testimony that can be used as consideration to give the judge for leniency. Having regard to the development of the current law that requires courage and willingness of law enforcement in combating corruption as an extraordinary crime, it is necessary to break the law through the use of an instrument justice collaborator.

scholarly journals PENEGAKAN HUKUM DALAM PERSPEKTIF HUKUM PROGRESIF

2019 ◽  
Vol 19 (2) ◽  
pp. 201
Author(s):  
Ufran Ufran
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Problems ◽  
Fundamental Problem ◽  
The Real ◽  
Initial Symptoms ◽  
The Law ◽  
Law And Justice

<p><em>The </em><em>Failure to enforce law and justice will be one of the factors of social dis-integration. If it is responded well and systematically it will be a threat to a country's failure. These initial symptoms can be seen from the emergence of various vigilante acts. The empty spaces filled with violence are caused by the vacuum of law. The law fails to do its job to solve social problems that arise. The explanation in this paper seeks to analyze the root problem of the failure of law enforcement in Indonesia seen in the perspective of the legal system by Friedman. To analyze the solution, the perspective used is an analysis of the style of progressive law as stated by Satjipto Rahardjo. The use of these two perspectives is expected to be able to describe well the real fundamental problem in our current law enforcement</em></p>

scholarly journals Disparitas Penegakan Hukum di Indonesia (Analisis Kritis Kasus Nenek Minah dalam Perspektif Hukum Progresif)

2016 ◽  
pp. 221-230
Author(s):  
Murdoko
Keyword(s):  
Law Enforcement ◽  
Public Domain ◽  
Economic Power ◽  
Court Decisions ◽  
The Real ◽  
The Poor ◽  
The Law ◽  
Sense Of Justice

This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of Nenek Minah is ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.

scholarly journals Implementasi Peraturan Daerah Nomor 2 Tahun 2012 Tentang Pengawasan, Pengendalian, Pengedaran dan Pelarangan Penjualan Minuman Beralkohol di Kabupaten Bantul

2019 ◽  
Vol 6 (3) ◽  
pp. 239-264
Author(s):  
Nareswari Kencana
Keyword(s):  
Law Enforcement ◽  
Alcoholic Beverages ◽  
International Tourism ◽  
Regional Government ◽  
Tourism Destination ◽  
Regional Income ◽  
Tourism Sector ◽  
The Law ◽  
Special Region ◽  
Laws And Regulations

Abstract.The implementation of the law takes place because of a violation of law. In this case the law that has been violated must be enforced. It is through this law enforcement that the law becomes a reality. Bantul Regency is a district in the Special Region of Yogyakarta which is also an international tourism destination. One of the regional income is obtained from the tourism sector, then indirectly the culture and also the needs of tourists will enter the area. So to regulate the circulation of alcoholic beverages in Bantul Regency Regional Regulation No. 2 of 2012 was formed, but until now law enforcement on the circulation and sale of alcoholic beverages is still experiencing problems. Some laws and regulations that regulate the circulation and sale of alcoholic beverages, allow the Regional Government to take steps in accordance with the conditions of their respective regions, while still taking into account the applicable laws and regulations.Keywords: Alcoholic Beverages, Regional Regulations, Bantul Abstrak. Pelaksanaan hukum berlangsung karena pelanggaran hukum.Dalam hal ini hukum yang telah dilanggar itu harus ditegakkan. Melalui penegakan hukum inilah hukum  menjadi kenyataan. Kabupaten Bantul merupakan suatu kabupaten di Daerah Istimewa Yogyakarta yang juga merupakan destinasi pariwisata Internasional. Pendapatan daerah didapatkan salah satunya dari sektor pariwisata tersebut, maka secara tidak langsung budaya dan juga kebutuhan para wisatawan akan masuk ke dalam daerah. Maka untuk mengatur peredaran minuman beralkohol di Kabupaten Bantul dibentuklah Peraturan Daerah Nomor 2 Tahun 2012, namun sampai saat ini penegakan hukum terhadap pengedaran dan penjualanminuman beralkohol masih mengalami kendala.Beberapa peraturan perundang-undangan yangmengatur pengedaran dan penjualan minuman beralkohol, memungkinkanPemerintah Daerah untuk mengambil langkah sesuai kondisi daerah masing-masing,dengan tetap memperhatikan peraturan perundang-undangan yang berlaku.Kata Kunci: Minuman Beralkohol, Peraturan Daerah, Bantul 

scholarly journals Law Enforcement of Corruption Cases Through a Participatory Society as an Effort to Protect Constitutional Rights

Corruptio ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 99-112
Author(s):  
Diya Ul Akmal ◽  
Pipih Ludia Karsa ◽  
Syafrijal Mughni Madda
Keyword(s):  
Law Enforcement ◽  
Essential Role ◽  
Secondary Data ◽  
Active Role ◽  
Court Decisions ◽  
Constitutional Rights ◽  
Legal Method ◽  
The Law ◽  
The Government ◽  
Laws And Regulations

A participatory society can play an essential role in the prosecution of corruption cases. By providing information on alleged corruption, a participatory community can assist anti-corruption institutions so that corruption as an extraordinary crime can be eradicated as a means of enforcing people's constitutional rights. The authors attempt to perceive things by defending constitutional rights from a societal standpoint, a right of citizens who have had their rights violated by acts of corruption. The method used in this research is a normative legal method that refers to the norms in the laws and regulations, court decisions, and social society.  The data used is secondary data obtained from various sources with appropriate and relevant topics so that it becomes chaotic in discussing related problems. The community's active role in uncovering corruption cases is part of the obligation to break the chain of corruption and fulfil citizens' rights to enforce the law. The amount of budget allocated for disclosing corruption cases is leading the government to protect citizens' constitutional rights from the threat of corruption. Although the handling is still considered unsuccessful because many cases have not been revealed, the efforts made deserve to be recognised.

Bandits, Brotherhoods, and Collective Crime

Unruly People ◽  
2016 ◽  
Author(s):  
Robert J. Antony
Keyword(s):  
Death Penalty ◽  
Conventional Wisdom ◽  
Trade Routes ◽  
Late Imperial ◽  
The Core ◽  
Qing Government ◽  
The Law ◽  
Illegal Activities

Chapter 8 closely examines criminal activities. Bandits engaged in a large variety of illegal activities. They formed predatory gangs to operate outside the law and used real and implied violence to prey upon and manipulate others. They became involved in what the Qing government regarded as serious crimes, such as robbery, theft, snatching, kidnapping, extortion, murder, and rape. Most of these crimes carried the death penalty. Some gangs, and in particular sworn brotherhoods, also became increasingly involved in organized forms of crime including prostitution, gambling, and opium smuggling. While banditry occurred everywhere in Guangdong, contrary to conventional wisdom, bandits and brotherhoods were most active in the core Canton delta and along major inland trade routes. The archival evidence strongly suggests an underlying economic, not political, basis for banditry and brotherhood activities in late imperial Guangdong.

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