scholarly journals ILLICIT ENRICHMENT DALAM PENEGAKKAN HUKUM PENGAMBILAN IKAN SECARA TIDAK SAH (ILLEGAL FISHING) DI WILAYAH PERAIRAN INDONESIA

2018 ◽  
Vol 25 (1) ◽  
pp. 44
Author(s):  
Endiyono Raharjo ◽  
Rio Saputra
Keyword(s):  
Law Enforcement ◽  
Private Sector ◽  
State Government ◽  
The State ◽  
Deterrent Effect ◽  
Marine Resources ◽  
Government Officials ◽  
Illegal Fishing ◽  
Private Entrepreneurs ◽  
Sea Area

With a sea area of more than 5.8 million km² Indonesia into the fields were wet for the perpetrators of illegal fishing, but it is not only those involved in illegal fishing are committing exploitation of marine resources in it, due to ease and expedite actions of those involved in illegal fishing have interference from government officials and private entrepreneurs who help in exploiting marine resources in it. Illicit enrichment officials and private entrepreneurs in committing permudahan and facilitate the exploitation of marine resources by those involved in illegal fishing would be a bad precedent for officials and the private sector, which should keep and explore marine resources so that their needs and income that should belong to the state. Government that is supported by law enforcement in the rigor and candor regulations should be able to make the deterrent effect of government officials and private entrepreneurs who do illicit enrichment.

scholarly journals Implementation of Normative Intelligence Policy In Immigration View

2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
State Government ◽  
The State ◽  
Government Agencies ◽  
Immigration Enforcement ◽  
Legal Rules ◽  
State Security ◽  
The Future ◽  
Definition Of

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.

scholarly journals PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT

2017 ◽  
Vol 24 (2) ◽  
pp. 172
Author(s):  
Indien Winarwati
Keyword(s):  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Illegal Fishing ◽  
Important Region ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Law ◽  
Sea Area ◽  
Exploration Exploitation

Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.

scholarly journals CONCEPTS AND APPLICATION OF GOOD GOVERNANCE IN THE GOVERNMENT OF OMAR BIN ABDUL AZIZ

2021 ◽  
Vol 6 (1) ◽  
pp. 117-132
Author(s):  
Zul Karnaini
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Private Sector ◽  
Good Governance ◽  
The State ◽  
Umayyad Dynasty ◽  
Effectiveness And Efficiency ◽  
The Government ◽  
Good And Evil ◽  
Islamic Values

The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept in the implementation of good governance according to the Qur'an and Hadith. This concept was re-emerged by UNDP in 1990 which was implemented by Umar bin Abdul Aziz during the Umayyad dynasty, in balancing a synergistic and constructive relationship between the state, the private sector and society, through the principles of good governance applied by Umar bin Abdul Aziz: 1. tawhid, 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights (HAM), 8. Effective and Efficient, 9. Social Supervision. Umar bin Abd Aziz's principles of good governance are in line with Islamic values, such as: Allah as the highest caliph, trustworthiness, deliberation, justice, equality, brotherhood, human rights, and commanding good and evil. In comparison, UNDP and LAN Good Governance have the following principles: participation, law enforcement, transparency, equality, responsiveness, effectiveness, professionalism, supervision. The principles of good governance of Umar bin Abdul Aziz associated with maqasid sharia are; the principle of tawhid according to maqasid shari'ah in the field of muhafazah ad-din (maintaining religion), the principle of trustworthiness and effectiveness and efficiency, including the category of muhafazah al-mal (protection of property). The application of deliberation, including the category of muhafazah al-aql (preservation of reason) and brotherhood is included in the category of muhafazah al-nasl (maintaining offspring). Human Rights (HAM) are included in the category of muhafazah al-nafs (protecting the soul). in line with the maqasid shari'ah al-Syatibi. If tawhid is connected with Imam Malik's istislahi theory, then this principle includes daruriyyah (principle), while justice and law enforcement, deliberation, trust, equality, brotherhood are included in the hajiyyah category. effective, efficient, social supervision is included in the category of taksiniyah. Then how is good governance implemented and how is it related to UNDP good governance. This is the study of this treatise as material to add to the treasures of knowledge in the state Abstrak: Istilah Good Governance (an-Nizam al-Siyasah) merupakan konsep Islam dalam pelaksanaan tata kelola pemerintahan yang baik sesuai al-Qur’an dan Hadits. Konsep ini dimunculkan kembali oleh UNDP pada 1990 yang pernah dilaksanakan Umar bin Abdul Aziz pada masa dinasti Umayyah, dalam menyeimbangkan hubungan yang sinergis dan konstruktif antara negara, sektor swasta dan masyarakat, melalui  prinsip  good governance yang diterapkan Umar bin Abdul Aziz: 1. tawhid, 2. Amanah, 3. Musyawarah, 4. Keadilan dan Penegakan Hukum, 5. Persamaan, 6. Persaudaraan, 7. Hak Asasi Manusia (HAM), 8. Efektif dan Efisien, 9. Pengawasan Sosial. Prinsip-prinsip Good governance Umar bin Abd Aziz  sejalan dengan tata nilai Islam, seperti: Allah sebagai khalifah tertinggi, amanah, musyawarah, keadilan, persamaan, persaudaraan, HAM, dan amar makruf nahi munkar.  Sebagai bandingannya adalah Good Governance UNDP dan LAN memiliki prinsip sebagai berikut: partisipasi, penegakan hukum, transparansi, kesetaraan, daya tanggap, efektif, profesionalisme, pengawasan. Prinsip-prinsip good governance Umar bin Abdul Aziz diakaikan dengan maqasid syariah adalah; prinsip tawhid sesuai maqasid syari’ah bidang muhafazah ad-din (menjaga agama), prinsip amanah dan efektif serta efisien termasuk ketagori muhafazah al-mal (penjagaan harta). Penerapan musyawarah, termasuk kategori muhafazah al-aql (penjagaan akal) dan persaudaraan  termasuk kategori muhafazah al-nasl (menjaga keturunan). Hak Asasi Manusia (HAM) termasuk kategori muhafazah al-nafs (menjaga jiwa). sejalan dengan maqasid syari’ah al-Syatibi. Jika dihubungkan  tawhid  dengan teori  istislahi Imam Malik maka prinsip ini termasuk daruriyyah (pokok), sementara keadilan dan penegakan hukum, musyawarah, amanah, persamaan, persaudaraan termasuk tingkatan kategori hajiyyah. efektif, efisien, pengawasan sosial termasuk kategori taksiniyah. Lalu bagaimanakah good governance ini diterapkan dan bagaimana hubungannya dengan good governance UNDP. Inilah kajian risalah ini sebagai bahan untuk menambah khazanah ilmu pengetahuan dalam bernegara. Kata Kunci: Tata Kelola, Konsep dan Aplikasi yang Baik, Pemerintahan Omar Bin Abdul Aziz

scholarly journals Sinergy of Law Enforcement Agencies in Handling Illegal Fishing Cases in Aceh Waters

2021 ◽  
Vol 23 (2) ◽  
pp. 233-246
Author(s):  
Ade Irma Suryani Nasution ◽  
Annisa Mutia Pranita ◽  
Desty Bulandari ◽  
Lutvia Resta Setyawati ◽  
Panji Suwarno
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Research Design ◽  
Customary Law ◽  
Marine Resources ◽  
Law Enforcement Agencies ◽  
Illegal Fishing ◽  
Qualitative Research Design ◽  
Aceh Province ◽  
Protection And Utilization

Illegal fishing cases often occur in waters at the edge of Indonesia. This article is focused on examining and analyzing the synergy between the authorized institutions in the process of monitoring and handling illegal fishing cases that occur in the waters of Aceh province. This study uses a descriptive qualitative research design. The four authorized institutions coordinate the performance of each other to help each other's role to reduce illegal fishing violations in Aceh Province. LANAL Sabang helped mobilize forces to carry out law enforcement at sea from the threat of violations as well as to safeguard marine resources. PSDKP Lampulo is the foundation for supervising marine and fishery resources in Aceh Province. Panglima Laot has more authority in regulating laot customary law and fishing communities in general. DKP Aceh is the axis of the service and movement for the protection and utilization of marine resources in Aceh Province.

scholarly journals REFORMULASI PERBUATAN MELANGGAR HUKUM OLEH BADAN ATAU PEJABAT PEMERINTAHAN DALAM KONTEKS KOMPETENSI ABSOLUT PERADILAN TATA USAHA NEGARA

2013 ◽  
Vol 2 (2) ◽  
pp. 291 ◽  
Author(s):  
Agus Budi Susilo
Keyword(s):  
Law Enforcement ◽  
Dispute Settlement ◽  
The State ◽  
Strict Sense ◽  
Administrative State ◽  
Government Officials ◽  
Judicial Control ◽  
Effectiveness And Efficiency ◽  
The Law ◽  
Level Government

Agency or government officials have broad authority in implementing government affairs. Broad authority was likely to be abused , causing loss and injustice in the society as well as lower level government officials, therefore there must be other institutions that control it. Based on the theory of triad politics, the executive is politically controlled by the legislature and are legally controlled by the judiciary, because the agency or government officials running the executive function, which controls the judiciary juridical is the State Administrative Court ( Judicial TUN ). TUN judicial control by the Court at this time is so vague, because it is limited by the law on the Judiciary TUN revised twice (Law No. . 5 of 1986 which was later revised by Law No. . 9 of 2004 and Act No. . 51 of 2009 ) . Testing is limited to understanding the Administrative Court Administrative Decision ( KTUN ) in the strict sense. It can be said that the law on the Judiciary TUN philosophically opposed to the purpose of the establishment TUN Judicial institutions, namely resolve administrative disputes in a broad sense. Therefore, based on futuristic ideas that need to be explored further in the TUN Courts abolut authority to exercise control or testing for unlawful acts committed government agencies or officials. All this is nothing else aims to reposition back nature of administrative law enforcement by the state Judicial TUN and simplify all the administrative state dispute settlement based on the principles of effectiveness and efficiency. Keyword; Deeds Against the Law, Government Officials, Administrative Court

scholarly journals Penegakan Hukum Lingkungan Berbasis Asas Tanggung Jawab Negara Di Indonesia

2021 ◽  
Vol 16 (1) ◽  
pp. 112-129
Author(s):  
Muhammad Syaiful Anwar ◽  
Rafiqa Sari
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Environmental Law ◽  
Well Being ◽  
The State ◽  
Deterrent Effect ◽  
State Responsibility ◽  
Environmental Damage ◽  
The Republic ◽  
Settlement Of Dispute

 Environmental law enforcement put forward settlement of dispute through administration law as well as civil and criminal law. Based on the principle of state responsibility, the state will guarantee that the utilization of natural resources will provide benefits for the greater well-being and quality of life, both present and future generations as a goal of the implementation of sustainable development.The formulation of the problem a point issue is environmental management in Indonesia by the state in accordance with the principle of state responsibility? And, how is the implementation of sanctions as environmental law enforcement based on Government Regulation of the Republic of Indonesia Number 22 of 2021 concerning the Implementation of Environmental Protection and Management? The method used in this research is juridical normative with regulation approach. The results of the study conclude that Indonesia has not been maximized in carrying out the function of the principle of state responsibility because there is still a lot of forest destruction that has occurred, and law enforcement, both administrative, civil and criminal, should be carried out in a balanced manner so that the deterrent effect of law enforcement can be a reflection for the parties who will do environmental damage

scholarly journals Mediating bureaucrats: embedded economic action in the Mozambican sugar industry

2020 ◽  
Vol 58 (3) ◽  
pp. 337-360
Author(s):  
Lars Buur ◽  
Malin J. Nystrand
Keyword(s):  
Private Sector ◽  
State Government ◽  
Sugar Industry ◽  
The State ◽  
Reform Initiatives ◽  
One Dimensional ◽  
The Public ◽  
Economic Action ◽  
Conflicting Interests ◽  
The Government

ABSTRACTThis article develops the concept of ‘mediating bureaucrats’ by exploring their role during liberal reforms that led to rehabilitation of the sugar industry in Mozambique. By focusing on how relations between the state, government and business are mediated by a group of cadres who have occupied positions in different social domains, the article argues that these ‘mediating bureaucrats’ cannot easily be identified in one-dimensional terms as belonging to either the public or private sector, the state or the market. It is argued that as ‘socially embedded actors’, the group of ‘mediating bureaucrats’ are in a position to translate and mediate between diverse and sometimes conflicting interests and aspirations of the state, the government and business. We use the rehabilitation of the sugar industry in Mozambique to show how mediating bureaucrats adopted two practices – muddling through and translation – in order to straddle conflicting interests during different reform initiatives in post-independence Mozambique.

Political Graft: The Russian Way

2005 ◽  
Vol 104 (684) ◽  
pp. 313-318 ◽  
Author(s):  
Marshall I. Goldman
Keyword(s):  
Private Sector ◽  
The State ◽  
Government Officials

While we normally think of corruption as attempts by government officials to extort money from private sector businessmen, Russia offers increasingly numerous examples in which government officials go further and actually attempt to take over a business for the state or, recently, for themselves.

scholarly journals Goiaz Album: an Advertising Vehicle

2017 ◽  
Vol 10 (2) ◽  
pp. 237
Author(s):  
Karinne Machado Silva ◽  
Geisa Daise Gumiero Cleps
Keyword(s):  
Visual Culture ◽  
Private Sector ◽  
State Government ◽  
The State ◽  
The Other ◽  
Regional History ◽  
The City

Abstract: this article aims to present and discuss one of the main photographic albums produced by the state government of Goiás in partnership with the private sector. Produced in the mid-1930s, the “Álbum de Goiaz” (the Goiaz Album) is the catalog that presents (compared to the other albums of the same period) the largest number of photographs of the first decades after the founding of the city of Goiânia. In addition, it is characterized by the multiplicity of subjects shown in images as well as in texts in which the State of Goiás is presented. It is an important document of the visual culture of the Regional History and a key piece of advertising that aimed the colonization of Goiás in the first years of Goiânia. Álbum de Goiaz: um Veículo de Propaganda Resumo: o referido artigo tem o objetivo de apresentar e discutir um dos principais álbuns fotográficos produzidos pelo governo estadual de Goiás em parceria com a iniciativa privada. Produzido em meados da década de 1930 o Álbum de Goiaz é o catálogo que apresenta (comparado aos demais álbuns da mesma época) o maior número de fotografias das primeiras décadas de fundação da cidade de Goiânia. Além disso, tem como característica a multiplicidade de assuntos abordados nas imagens e nos textos de apresentação do Estado de Goiás. Constitui-se como um importante documento da cultura visual da História Regional e um exemplar de propaganda que tinha como meta a colonização de Goiás nos primeiros anos de Goiânia.

scholarly journals THE ILLICIT TRADE IN KYIV PROVINCE AT THE HALF PAST OF THE ХІХ CENTURY

2021 ◽  
pp. 110-126
Author(s):  
Lyubomyr Hubytskyy
Keyword(s):  
State Government ◽  
Comparative Method ◽  
The State ◽  
External Trade ◽  
Government Officials ◽  
Central State ◽  
Illicit Trade ◽  
Official Position ◽  
Wide Range ◽  
The Russian Empire

Summary. The purpose of the article is to publish and analyze of literature and archival sources to identify components of the problem of illicit trade in the Kyiv Province in the first half of the 19th century. Research methodology – the principles of objectivity, scientificity, historicism, comparative method, methods of internal criticism of sources. The scientific novelty is that it is for the first time that the information from the framework of sources presented in the Central State Historical Archive of Ukraine in Kyiv, the State Archive of Kyiv Oblast and its analysis is introduced in scientific circulation. Conclusions. The research of archival sources allowed to deepen the picture of relations between the state, government officials, business representatives in the field of trade, in particular, illicit trade. It has been discovered that illicit trade was caused primarily by the desire for personal enrichment and by external tariffs of the Russian Empire, which contained a wide range of goods prohibited for import into the country. Strict regulation of external trade encouraged merchants and all persons involved in transactions with contractors of other countries to seek means and mechanisms for transportation and sale of demanded goods. It has been found that people with foreign connections were involved in the illicit trade. Although, there were cases when illicit goods were traded by merchants and burghers of the interior provinces who acted only as intermediaries. Civil servants, whose actions were coordinated by the Kyiv governor himself, were involved in fight against the schemes by which prohibited and uncustomed goods entered the market. The cases in the activities of government officials were revealed when officials were negligent in their duties. Under certain conditions, customs officers used their official position for personal enrichment. The abuse of customs officers (zollners) testified risks of the border service and at the same time showed the extent of illicit enrichment. The consequences of the fight against illicit trade were the return of money to the treasury in the form of penalties (fines), one-time cases of enrichment of public supervisors abroad, taking purification oaths by smugglers in the presence of clergy.

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