The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels

2013 ◽  
Vol 1 (1) ◽  
pp. 31-48
Author(s):  
Seokwoo Lee ◽  
Young Kil Park
Keyword(s):  
Immediate Release ◽  
Coast Guard ◽  
The Other ◽  
District Court ◽  
Appellate Court ◽  
Legal Analysis ◽  
Fishing Vessel ◽  
Trial Court ◽  
Illegal Fishing ◽  
Fishing Vessels

Abstract On April 20, decisions were issued in two cases concerning Chinese sailors engaged in illegal fishing activities. In one case, a Korean Coast Guard officer was stabbed to death in December 2011 in the process of detaining an illegal Chinese fishing vessel. The trial court, Incheon District Court – Criminal Division, handed down a 30 year prison term and fine of 20 million won to the captain of the Chinese vessel, Luwenyu no. 29, who was responsible for the stabbing. The other sailors and the captain of another Chinese vessel, Lihaoyu, were sentenced between 18 months to 5 years in prison for interfering with the detention.1 The other case occurred in November 2011 where, in the process of detaining a Chinese fishing vessel that had intruded upon Korean territorial waters northwest of Chujado of Jeju to engage in fishing activities, Chinese sailors wounded 5 Korean Coast Guard officers, inflicting upon them injuries that required 2 to 7 weeks of recuperation. The Jeju Regional Court, an appellate court, affirmed the decision of the trial court – which sentenced the Chinese captain to one year and the other two sailors to 14 months – and dismissed the appeals.2 The two cases show a strong determination on the part of the judiciary to deal with the systematic and violent resistance to the prevention of illegal fishing. This paper is a legal analysis of the detention of foreign vessels engaging in illegal fishing. It first looks at the international and domestic regulations concerning illegal fishing, and then proceeds to discuss the issues of security and immediate release following arrest.

scholarly journals TINDAKAN KHUSUS BERUPA PEMBAKARAN DAN/ATAU PENENGGELAMAN KAPAL IKAN ASING YANG MELAKUKAN TINDAK PIDANA PERIKANAN DI ZONA EKONOMI EKSKLUSIF INDONESIA

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 583
Author(s):  
Mangisi Simanjuntak
Keyword(s):  
Preliminary Evidence ◽  
District Court ◽  
Fishing Vessel ◽  
Legal Process ◽  
Criminal Offense ◽  
Legal Proceedings ◽  
Applicable Law ◽  
Illegal Fishing ◽  
Fish Resources ◽  
Fishing Vessels

Abstract In the research shows that the rampant illegal fishing causes Indonesia to lose its fish resources around Rp 30 trillion per year. Fishing vessels caught for committing a criminal offense are processed under applicable law. The legal process took so long that many fishing vessels that were moored at the base were damaged while the finished ones and the ship’s court had been auctioned off but in reality the fishing vessel was back to its owner.For  the settlement of both the necessary special measures of burning and / or drowning with sufficient preliminary evidence and approval of the chairman of the district court as stated in Article 69 paragraph (1), (4) and Article 76A of Law Number 45 Year 2009 concerning Fisheries . Countries whose fishing boats conduct illegal fishing protest against such special measures and how prevention efforts for fishery crimes can be minimized? Specific acts for fishery crimes committed in ZEE Indonesia shall not be made as they are contrary to Article 73 paragraph (2), Article 194, Article 309 of the UN Convention 1982 (Unclos 1982) and Article 15   of Law Number 5 Year 1983 on ZEE Indonesia And Article 104 Paragraph (1) of Law Number 31 Year 2004 concerning Fisheries that permit fishing vessels to be exempted by a ransom of adequate security deposit, by way of a court application. Such application shall be filed by the ship’s captain and / or his or her representative.If the court rejects the aforementioned redemption application then the legal proceedings will continue and if the ship is not redeemed, the legal proceedings continue and there should also be a statement signed by the ship’s captain or the representative of his country stating that his fishing vessel will not be redeemed. Burning and / or The drowning of foreign fishing vessels committing fishery crimes in ZEE Indonesia can only be done if the case has a permanent legal force. To engage in the burning and / or drowning of foreign fishing vessels committing a fishery crime in ZEE Indonesia requires a new legal norm as described above. Keywords: Special Measures of Combustion and/or Drowning of Foreign Fishing Vessels

A Vessel is its Own Best Lifeboat: Prevention of Casualties through Education

2001 ◽  
Vol 38 (01) ◽  
pp. 26-30
Author(s):  
Thomas C. Miller ◽  
George J. Paitl
Keyword(s):  
Death Rate ◽  
Damage Control ◽  
Coast Guard ◽  
Commercial Fishing ◽  
Fishing Vessel ◽  
Fishing Vessels ◽  
Vessel Damage ◽  
Damage Stability ◽  
Recent Initiative ◽  
The U.S

The U.S. Coast Guard has observed the death rate for commercial fishermen decline steadily during the years following the enactment of the Fishing Vessel Safety Act of 1988. This Act called for requirements of survival equipment and fire fighting equipment, among other items, targeted at minimizing the consequences of a vessel capsize, sinking, fire or other casualty that required the crew to abandon ship. In recent years, the death rate has plateaued with minimal to no decreases and even a slight increase in 1996. While of concern, this plateau seems logical because the primary focus over the last eight to ten years has been on reducing the consequences of commercial fishing casualties (response). However, fishing vessels continue to capsize or sink before crew members are able to access survival equipment and lives are being lost. In order to continue to decrease the industry death rate, regulators and those responsible for oversight of this industry must shift the focus from reducing the consequence of casualties (response) to decreasing the likelihood of casualties occurring (prevention). This paper details the most recent initiative the U.S. Coast Guard has undertaken in its Fishing Vessel Safety Program and describes the Fishing Vessel Training Suite developed to facilitate this industry-wide education. The Training Suite consists of three trainers and a document titled, "Best Practices Guide to Vessel Stability." The three trainers include:Interactive Stability Trainer,Small Vessel Damage Stability Trainer, andSmall Vessel Damage Control Trainer. The U.S. Coast Guard has received very positive feedback from the commercial fishing industry and lives have been saved as a result of the use of this Training Suite.

scholarly journals Law Enforcement in Indonesia's Exclusive Economic Zone in the Framework of Indonesia's National Interest in the Marine Sector

2021 ◽  
Vol 8 (9) ◽  
pp. 167
Author(s):  
Bambang S. Irianto ◽  
Made Warka ◽  
Otto Yudianto
Keyword(s):  
Law Enforcement ◽  
National Interest ◽  
Preliminary Evidence ◽  
Maritime Security ◽  
Deterrent Effect ◽  
Fishing Vessel ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Marine Areas ◽  
Fishing Practices

For law enforcement in the IEEZ in the context of Indonesia's national interest in the marine sector, the Indonesian Navy, the Maritime Security Agency (Bakamla), and the Ministry of Maritime Affairs and Fisheries (KKP) have carried out the execution of the sinking of foreign fishing vessels caught carrying out illegal fishing practices in the territorial waters Indonesia. This policy is intended as a stern warning to the perpetrators of illegal fishing as well as a form of Indonesia's commitment in monitoring and enforcing the law in Indonesian marine areas, which will continue to be carried out in order to have a deterrent effect on the perpetrators. However, the act of catching foreign fishing vessels is carried out, still based on the applicable rules and regulations, as well as the fulfillment of sufficient initial evidence.  Sufficient preliminary evidence to arrest a foreign-flagged fishing vessel is evidence that suspects a criminal act in the field of fisheries by a foreign-flagged fishing vessel.

scholarly journals ANALISIS PENGAWASAN KAPAL PERIKANAN TERHADAP PENANGGULANGAN ILLEGAL FISHING DI PERAIRAN KABUPATEN KEPULAUAN SANGIHE, INDONESIA

2018 ◽  
Vol 7 (2) ◽  
pp. 115
Author(s):  
Bayu Y. Suharto ◽  
Johnny Budiman ◽  
Denny BA Karwur
Keyword(s):  
Law Enforcement ◽  
Policy Implementation ◽  
Central Government ◽  
Process Analysis ◽  
The Philippines ◽  
Fishing Vessel ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Hierarchy Process

Kabupaten Kepulauan Sangihe termasuk wilayah yang berbatasan langsung dengan negara lain yaitu Philipina dan juga mempunyai karakteristik wilayah perairan yang memiliki keragaman sumberdaya hayati yang bernilai ekonomis tinggi. Permasalahan yang dihadapai saat ini adalah masih maraknya kegiatan illegal fishing yang terjadi baik dilakukan oleh kapal ikan asing ataupun kapal ikan Indonesia. Tujuan dari penelitian ini adalah menganalisis stakeholder prioritas dan faktor-faktor penting dalam pengawasan kegiatan illegal fishing. Metode analisis yang digunakan adalah Analisis AHP (Analisis Hirarki Proses) yaitu untuk menentukan stakeholder prioritas dan faktor-faktor prioritas dalam pengawasan kapal perikanan dan meningkatkan strategi penerapan kebijakan yang tepat dalam kegiatan pengawasanillegal fishing di wilayah perairan Kabupaten Kepulauan Sangihe. Hasil penelitian ini menunjukan bahwa pemerintah pusat menjadi stakholder prioritas dalam pengawasan kegiatan illegal fishing di perairan Kabupaten Kepulauan Sangihe, yang didukung oleh kegiatan penegakan hukum dan peran dari pemerintah daerah. Faktor-faktor penting dalam pengawasan kegiatan illegal fishing yaitu ketersediaanya sarana, prasarana pengawasan dan anggaran pengawasan serta ditunjang dengan sumber daya manusia pengawas yang terampil dan juga sosialisasi peraturan sehingga kegiatan pengawasan kapal perikanan dapat berjalan dengan optimal.Title: Analysis of Fishing Vessel Supervision on Illegal Fishing Control in the Waters of The Regency of Sangihe Islands, IndonesiaThe regency of Sangihe Islands belongs to an area directly bordering with the neighborhood country, the Philippines and also possesses a typical marine waters with diverse highly economic living resources. Recent problem is illegal fishing practices done by either Indonesian or foreign fishing vessels. Analyze stakeholder priorities and important factors in controlling the illegal fishing activities. The study used a Hierarchy Process Analysis to determine the priority stakeholders and the priority factors in fishery vessel supervision and develop the appropriate policy implementation strategy in illegal fishing surveillance activities in the territorial waters of Sangihe Islands Regency. Results indicated that the Central Government became the priority stakeholder in supervising the illegal fishing in the waters of Sangihe Islands regency, supported by law enforcement activities and the role of the local government. Important factors in the supervision of illegal fishing activities are availability of facilities, monitoring infrastructure and supervision budget and supported by skilled human resources supervisor and also socialization of regulation so that fishery supervision activity can run optimal.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

scholarly journals Fisheries: A Missing Link in Greenhouse Gas Emission Policies in South Korea

2021 ◽  
Vol 13 (11) ◽  
pp. 5858
Author(s):  
Kyumin Kim ◽  
Do-Hoon Kim ◽  
Yeonghye Kim
Keyword(s):  
Greenhouse Gas ◽  
Greenhouse Gas Emission ◽  
Ghg Emissions ◽  
Bioeconomic Model ◽  
Negative Externalities ◽  
Fishing Vessel ◽  
Gas Emission ◽  
Fishing Vessels ◽  
The Government ◽  
Different Levels

Recent studies demonstrate that fisheries are massive contributors to global greenhouse gas (GHG) emissions. The average Korean fishing vessel is old, fuel-inefficient, and creates a large volume of emissions. Yet, there is little research on how to address the GHG emissions in Korean fisheries. This study estimated the change in GHG emissions and emission costs at different levels of fishing operations using a steady-state bioeconomic model based on the case of the Anchovy Tow Net Fishery (ATNF) and the Large Purse Seine Fishery (LPSF). We conclude that reducing the fishing efforts of the ATNF and LPSF by 37% and 8% respectively would not only eliminate negative externalities on the anchovy and mackerel stock respectively, but also mitigate emissions and emission costs in the fishing industry. To limit emissions, we propose that the Korean government reduce fishing efforts through a vessel-buyback program and set an annual catch limit. Alternatively, the government should provide loans for modernizing old fishing vessels or a subsidy for installing emission abatement equipment to reduce the excessive emissions from Korean fisheries.

Sentence Disparity, Judge Shopping and Trial Court Delay

1996 ◽  
Vol 29 (2) ◽  
pp. 147-165 ◽  
Author(s):  
Don Weatherburn ◽  
Bronwyn Linc
Keyword(s):  
Past Research ◽  
High Rate ◽  
District Court ◽  
Trial Court ◽  
Significant Drop ◽  
Court Delay ◽  
The Subject ◽  
Criminal Matters ◽  
Determining Factor

Until recently, criminal matters finalised by way of a trial in the NSW District Court have been the subject of substantial delays. In 1990–93, there was a significant drop in the backlog of trial cases pending in the court but the corresponding reduction in trial court delay has been less substantial than might have been expected. The article draws on past research showing that adjournments contribute significantly to trial court delay and considers the question of whether the practice of 'judge shopping' might in part be responsible for the high rate of adjournments. Evidence is presented showing that there are substantial disparities in the use of imprisonment by District Court judges and that this appears to be a determining factor in the willingness of defendants to proceed to trial.

scholarly journals Indonesia's Diplomacy in North Natuna Sea in Confronting China to Protect National Interests

FOCUS ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 21-27
Author(s):  
Gerald Theodorus Lumban Toruan ◽  
Adi Sunaryo
Keyword(s):  
Research Question ◽  
Secondary Data ◽  
Coast Guard ◽  
Regional Security ◽  
National Interests ◽  
The North ◽  
Fishing Vessels ◽  
Qualitative Descriptive ◽  
The Stability ◽  
The Right

North Natuna Sea is become a concern, at the end of 2019 to February 2020 this area was illegally entered by Chinese fishing vessels who wanted to fishing, this vessel was escorted by the Chinese Coast Guard. This escort is in order to protect their fishing vessels from the pursuit of Indonesian patrol vessels. According to the them that they did not violate Indonesian territory, they said that the North Natuna Sea still belongs to Chinese territory. In the perspective of the international relations what is done by China can disrupt the stability of regional security. This research is a qualitative descriptive with secondary data collection. The formulation of the research question is what kind of diplomacy is being carried out by Indonesia towards China in the North Natuna Sea. The purpose of this research is to find the right diplomacy concept in dealing with the China in the North Natuna Sea.

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