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.

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 From Social Trust and Happiness to Government Trust: The Moderating Role of Political Systems and Governance in the Philippines

PCD Journal ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 305
Author(s):  
Erickson D Calata ◽  
Reginald G. Ugaddan
Keyword(s):  
Legal System ◽  
Central Government ◽  
Social Trust ◽  
The Philippines ◽  
Future Research ◽  
Trust In Government ◽  
Political Systems ◽  
The Government ◽  
The Impact

There are frequent calls to enhance citizens' trust in government to pave the way towards a new paradigm of participatory governance and strong citizen support for government. In various realms, citizens may directly or indirectly engage with the government through various available mediums, even though, despite the availability of various policies and services provided by the government, citizens are generally passive and adamant in trusting the public sector. While many studies have explored a set of determinants that influence citizens' trust in government (i.e., central government, local government, parliament, and the legal system), few studies have ascertained the relationship and the role of social trust, happiness, governance, and political systems. These are critical factors that may influence trust in government. To address this gap, this study draws on the theoretical lens of social capital theory, proposing that cognitive social trust and citizen happiness—environment and performance—are the most likely predictors of citizen trust in government. This study assumes that citizens' perceptions of governance and political systems will moderate the effect of social trust and happiness on trust in government. Using data from the Asia Barometer Survey 2007, and focusing on data collected from the Philippines, this study tests a latent model employing the structural equation modelling technique. It finds that happiness negatively predicts trust in the central government and the legal system, while all other predictors do not have a significant effect. The findings also show that the political system moderates the impact of social trust and happiness on trust in government. Finally, this article points out its theoretical, empirical, and practical implications and provides directions for future research.

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 Peningkatan Koordinasi Struktur dalam Penegakan Hukum Illegal Fishing di Aceh

2020 ◽  
Vol 22 (3) ◽  
pp. 531-546
Author(s):  
Adwani Adwani ◽  
Sulaiman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Law Enforcement Agencies ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Legal Method ◽  
Research Findings ◽  
The Law

Tujuan penelitian ini untuk menganalisis bagaimana koordinasi struktur dalam penegakan hukum terhadap penangkapan ikan ilegal di perairan Aceh. Analisis ini berdasarkan pemahaman bahwa pemanfaatan sumber perikanan yang dilakukan oleh kapal perikanan harus selalu berdasarkan izin. Khusus bagi nelayan kecil dikecualikan. Realitasnya penangkapan ikan banyak terjadi secara ilegal, sehingga perlu dilakukan penegakan hukum terhadap pelaku pelanggaran. Penelitian ini menggunakan metode sosio-legal, dengan melihat hukum yang tidak terpisahkan dari berbagai faktor lain. Temuan penelitian menunjukkan bahwa penegakan hukum belum terlaksana secara efektif. Struktur yang terlibat dalam penegakan hukum di laut adalah Penyidik Pegawai Negeri Sipil, Tentara Nasional Indonesia Angkatan Laut, dan Kepolisian Air dan Udara. Penegakan hukum dilakukan melalui pengawasan dan penangkapan terhadap kapal-kapal yang melakukan penangkapan ikan secara ilegal. Sebanyak 36 kapal ditangkap dan dikenakan sanksi hukumnya. Koordinasi struktur dalam penegakan hukum masih kurang. Disarankan supaya dilakukan penegakan hukum secara terus-menerus yang efektif dan dilakukan koordinasi secara intensif antara para penegak hukum dengan memperkuat personil dan peralatan dalam penegakan hukum di laut. Improvement of Structural Coordination in Illegal Fishing Law Enforcement in Aceh This study aims to analyze the structural coordination in law enforcement against illegal fishing on the Aceh coast. This analysis is based on the understanding that the use of fisheries by fishing vessels must always be based on a permit. Especially for small fishermen it is excluded. In fact, many fishing occurs illegally, so it is necessary to enforce the law against the perpetrators. This research uses the socio-legal method, by looking at the law that is inseparable from various other factors. Research findings indicate that law enforcement has not been implemented effectively. The structures involved in the law enforcement are Civil Servant Investigators, the Indonesian National Army, the Navy, and the Air and Water Police. Law enforcement is carried out through the supervision and arrest of vessels fishing illegally. A total of 36 ships were arrested and subject to sanctions. Structural coordination in law enforcement is lacking. It is recommended that effective continuous law enforcement and intensive coordination between law enforcement agencies be carried out by strengthening personnel and equipment in law enforcement at sea.

scholarly journals Implementation of Joint Regulation Policies of the Minister of Religion and Minister of Home Affairs Number 9 and 8 of 2006 through Empowerment of Religious Harmony Forums in Manado City

2020 ◽  
Vol 2 (4) ◽  
pp. 95-110
Author(s):  
Muhamad Taher Tanggung ◽  
Sri Suwitri ◽  
Endang Larasati ◽  
Rukmina Gonibala
Keyword(s):  
Policy Implementation ◽  
Central Government ◽  
Qualitative Approach ◽  
Management Team ◽  
Routine Procedure ◽  
Accountability System ◽  
The Government ◽  
Upper Level ◽  
Role Of The Government

This study aims to determine how the Manado City Religious Harmony Forum from now on known as FKUB empowers the roles stipulated in Joint Regulations Number 9 and Number 8 of 2006 by the Minister of Religion and the Minister of Home Affairs. A qualitative approach was applied to this study using the literature review method. At the same time, perform data analysis in qualitative descriptions. This is because the policy's success depends very much on the role of the government, namely the government gives the authority to FKUB managers to act as a management team to deliver information on policies formulated by the central government to cities/regions. This structured accountability system is based on the bureaucracy's compliance with the upper-level bureaucracy or the designated level of bureaucracy. Is there a smooth routine procedure and whether there are problems and the expected implementation and implementation of all existing plans and plan targets—impact (benefit). Therefore, the policy implementation process's measurement is carried out to transfer information or news from a higher organization to a lower one.

scholarly journals The Implementation of Sinking Illegal Fishing Vessels Policy Towards the Bilateral Relations between Indonesia and Malaysia

2019 ◽  
Vol 4 (2) ◽  
pp. 191-207
Author(s):  
M. Adnan Madjid ◽  
Widodo Widodo ◽  
Eko G. Samudro
Keyword(s):  
International System ◽  
The Philippines ◽  
Illegal Fishing ◽  
Iuu Fishing ◽  
Bilateral Relations ◽  
Fishing Vessels ◽  
System Pressure ◽  
The Government ◽  
The Impact ◽  
The Relationship

This study discusses the policy implementation by Indonesia regarding the sinking of illegal fishing vessels towards Indonesia's bilateral relations with Malaysia, especially those that occurred in Tarakan and Nunukan. Many losses from illegal fishing by neighboring countries made the President of Indonesia, through the Ministry of Maritime Affairs and Fisheries, took a firm stance regarding the rules of ship sinking to the accused ships that have been proven doing illegal fishing in the Indonesian sea. The Ministry of Maritime Affairs and Fisheries together with relevant agencies helped implement the policy which had an impact on the relationship between Indonesia and Malaysia. In this case, Malaysia is still in third place after Vietnam and the Philippines in the data on the number of vessels destroyed by the Indonesia. Malaysia is also the country with the fifth largest fish commodity production in Southeast Asia whereas fish consumption in Malaysia is ranked first in the region. Thus, the country faces obstacles in fulfilling the need for fish faced with Indonesian policies in addressing illegal fishing arrests by foreign countries. By qualitative methods, this research reveals the background of the existence and implementation of policies for the sinking of illegal fishing vessels and the impact of these policies on the Malaysian state. International system pressure, state power and other theories were used to help carry out this research. As a result, this study provides an overview of the relationship between Indonesia and Malaysia after the enactment of the policy. First, the Malaysian increase their fish trade and sea safeguard with Indonesia, both in the designated sea area and the gray area. Second, the government of Malaysia adopted the sinking ships method due to its mechanism that is considered effective and efficient in creating detterence effect. Third, both countries agreed to release poor or small fishermen who carry out IUU Fishing made between the President of Indonesia and the Prime Minister of Malaysia.

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

E-Government Policy Implementation in Thailand

2021 ◽  
pp. 258-275
Author(s):  
Mergen Dyussenov ◽  
Lia Almeida
Keyword(s):  
Risk Factors ◽  
Policy Implementation ◽  
Government Policy ◽  
Crucial Role ◽  
Central Government ◽  
Military Government ◽  
Government Institutions ◽  
Government Power ◽  
Ict Policy

This chapter investigates the current e-government and ICT policy in Thailand from an actor-centered perspective. It reviews existing literature on e-government implementation, while looking into the interaction of government institutions and citizens. It seeks to answer questions, such as the following: What are the key actors in driving the implementation of e-government policies in Thailand? How do Thai citizens perceive e-government efforts and ICT policy implementation especially in the context of present military government power? What are some of the risk factors typically embedded in e-government initiatives and policies implemented in Thailand? Some scholars specifically emphasize the key role of central government institutions in driving the e-government and ICT policy implementation pointing at its readiness to transform toward E-Government 4.0. These observations notwithstanding, issues related to the often-omitted crucial role of citizens and local customers in driving policy implementation and the problem of digital divide remain across much of the developing world.

scholarly journals Kontroversi Implementasi Kebijakan Penenggelaman Kapal Dalam Rangka Pemberantasan Illegal Fishing di Indonesia

2017 ◽  
Vol 12 (1) ◽  
pp. 9
Author(s):  
Chairun Nasirin ◽  
Dedy Hermawan
Keyword(s):  
Policy Implementation ◽  
Policy Environment ◽  
Literature Study ◽  
Top Down ◽  
Illegal Fishing ◽  
Budget Support ◽  
Fishing Vessels ◽  
The Future ◽  
Future Policy

Illegal fishing in Indonesia have caused huge losses fisheries sector in order to realize the welfare of society. Ministry of Marine Affairs and Fisheries Republic of Indonesia take resolute policy to combat illegal fishing through drownings action actors of illegal fishing vessels. This study aims to analyze and discuss the sinking of the policy implementation actors of illegal fishing and environmental reactions arising from the policy. The method used literature study and documentation. This study shows that the sinking of the policy implementation by the Ministry of Marine Affairs and Fisheries Republic of Indonesia is a top-down models are characterized by regulatory certainty, a strong command system, instructional pattern and effective coordination, budget support, and the support of a strong bureaucracy. Implementation of this policy also has provoked harsh reaction to the policy environment in the form of protests from the countries of origin where the ships were sunk. Empirically, this research can help improve the implementation of policies to eradicate illegal fishing with sinking action, particularly on the management aspects of the reaction that the future policy environment can be more conducive and supportive policy implementation.

scholarly journals PENENGGELAMAN KAPAL TERKAIT TINDAK PIDANA ILLEGAL FISHING SEBELUM ADANYA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP

2020 ◽  
Vol 4 (2) ◽  
pp. 130-144
Author(s):  
Banan Prasetya
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Court Decision ◽  
Legal Research ◽  
Indonesian Government ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
The Status ◽  
Legal Consequences ◽  
Legal Force

ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum 

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