THE PROSPECT OF PARTICULARLY SENSITIVE SEA AREA (PSSA) DESIGNATION IN LOMBOK STRAIT

2020 ◽  
Vol 4 (1) ◽  
pp. 49-66
Author(s):  
Angela Jessica Desmonda ◽  
Idris
Keyword(s):  
Qualitative Analysis ◽  
Marine Pollution ◽  
Research Data ◽  
Foreign Affairs ◽  
Separation Scheme ◽  
Normative Approach ◽  
Library Research ◽  
Analytical Research ◽  
The Republic ◽  
Sea Area

AbstractInternational Law, specifically UNCLOS 1982, MARPOL 73/78, and SOLAS 1974 give mandates to every State to carry out protection and prevention of marine pollution. As one form of protection and prevention pollution is establishing a Particularly Sensitive Sea Area (PSSA). Since 2016, the Indonesian Government has submitted a proposal to designate the Lombok Strait as one of the PSSA. This study aims to analyze and provide an understanding of the prospects for the establishment of PSSA in the Lombok Strait including the Gili Islands and Nusa Penida Island after the approval of the Traffic Separation Scheme (TSS) in 2019 based on International Law.This study uses a juridical-normative approach with descriptive analytical research to describe and analyze the international legal instruments used. The research data were obtained from the results of library research and interviews with related institutions such as the Ministry of Foreign Affairs and the Ministry of Transportation of the Republic of Indonesia. Data processing conducted by qualitative analysis methods. This study concludes that the specific PSSA arrangements are governed by the IMO Resolution A.982 (24) related to the PSSA Guidelines as PSSA is not explicitly regulated in UNCLOS 1982. The Lombok Strait is highly prospective to be established as a PSSA as the Lombok Strait has fulfilled the criteria of the IMO accompanied by the mandate of protection and prevention of the marine environment from UNCLOS 1982, MARPOL 73/78 and SOLAS 1974.In 2019, the designation of TSS in Lombok Strait was approved so that discussions related to PSSA can continue. However, The PSSA discussed at the IMO session requires the approval of other countries that enjoy the rights of passage through the Lombok Strait. Accordingly, the attribute section of the PSSA determination proposal in the Lombok Strait needs to be improved to convince that the Lombok Strait does have the urgency to be established as a PSSA.Keywords: Particularly Sensitive Sea Area, Lombok Strait, International Maritime Organization   AbstrakHukum Internasional, khususnya UNCLOS 1982, MARPOL 73/78, dan SOLAS 1974 memberikan mandate kepada setiap negara untuk melakukan perlindungan dan pencegahan pencemaran di laut. Salah satu perwujudannya yaitu dengan membentuk Kawasan Perairan Sensitif/Particularly Sensitive Sea Area (PSSA). Sejak tahun 2016, pemerintah Indonesia telah mengajukan proposal penunjukan Selat Lombok sebagai PSSA. Penelitian ini bertujuan untuk menganalisa dan memberi pemahaman terkait prospek penetapan Kawasan Perairan Sensitif (PSSA) di Selat Lombok termasuk Pulau Gili dan Pulau Nusa Penida pasca ditetapkannya Skema Pemisah Lalu Lintas (TSS) pada tahun 2019 berdasarkan Hukum Internasional. Penelitian ini menggunakan pendekatan yuridis-normatif dengan jenis riset deskriptif analitis untuk menggambarkan dan menganalisis instrumen-instrumen hukum internasional yang digunakan. Data penelitian diperoleh dari hasil penelitian kepustakaan dan wawancara dengan lembaga terkait seperti Kementerian Luar Negeri dan Kementerian Perhubungan Republik Indonesia. Pengolahan data dilakukan dengan metode analisis kualitatif. Penelitian ini menyimpulkan bahwa pengaturan PSSA secara spesifik dimuat di dalam Resolusi IMO A.982 (24) terkait Pedoman Identifikasi dan Penetapan PSSA. Hal ini merupakan aturan lanjutan dikarenakan PSSA tidak diatur secara eksplisit di dalam UNCLOS 1982. Tahun 2019 penetapan Skema Pemisah Lalu Lintas TSS sebagai salah satu syarat pembentukan PSSA di Selat Lombok telah disetujui sehingga pembahasan terkait PSSA dapat terus dilanjutkan. Namun masih diperlukan persetujuan negara-negara lain yang memiliki hak melewati Selat Lombok. Oleh karenanya, perlu penguatan proposal khususnya terkait bagian atribusi untuk lebih meyakinkan urgensi penetapan Selat Lombok sebagai PSSA. Kata Kunci: Kawasan Perairan Sensitif, Selat Lombok, Organisasi Maritim Internasional

scholarly journals Wastewater pollution from cruise ships in coastal sea area of the Republic of Croatia

Pomorstvo ◽  
2016 ◽  
Vol 30 (2) ◽  
pp. 160-164
Author(s):  
Tina Perić
Keyword(s):  
Marine Pollution ◽  
Wastewater Discharge ◽  
Cruise Ships ◽  
Coastal Sea ◽  
Wastewater Pollution ◽  
The Republic ◽  
One Year ◽  
Sea Area

Marine pollution from wastewater is a problem especially pronounced on large cruise ships. There is a great disproportion in quality of discharged wastewater directly related to the type of wastewater treatment system installed on cruise ships. To obtain exact empirical data case study was done which included one-year monitoring of cruise ships in the Adriatic Sea, their routes and retention times in defined navigation zones. The aim of this paper is to present data related to the coastal sea area of the Republic of Croatia and display results of marine pollution for that area. The scientific contribution of the research can be recognized in the evaluation of pollution of coastal areas in the Republic of Croatia in different scenarios of wastewater discharge and identification of gray water as a pollutant which is not recognized by the international legal regulations.

scholarly journals ISLAMIC EDUCATION PERSPECTIVE IMAM AL-GHAZALI AND ITS RELEVANCE WITH EDUCATION IN INDONESIA

2019 ◽  
Vol 26 (1) ◽  
Author(s):  
Aset Sugiana
Keyword(s):  
Character Education ◽  
Education Level ◽  
Research Data ◽  
Islamic Education ◽  
Islamic Schools ◽  
Educational Methods ◽  
Library Research ◽  
The World ◽  
The Republic

This study aims to describe Islamic education according to Imam al-Ghazali and its relevance to education in Indonesia. The method of this research was to use library research. The research data was obtained from the results of the recording of Imam al-Ghazali's thoughts about Islamic education, and education in Indonesia. The validity of data was discussed and consulted from data findings to experts and peers. The results of this study are 1) The principle of the importance of morality integrated in spirituality in the goals of character education in accordance with the Republic of Indonesia Law Number 20 of 2003, 2) The values of Islamic education in al-Ghazali's perspective in Indonesia were characterized by Islamic nuances (Integrated Islamic Schools), 3) Educational methods by paying attention to differences in students and according to their education level, 4) The objectives of al-Ghazali's curriculum bring goodness, both in the world and the hereafter, as stated in the Republic of Indonesia Law Number 20 of 2003 concerning Chapter X Article 36 Paragraph 1 and 3.

scholarly journals Notary Authority to Provide Legal Counseling Service Based On Notary Law and Notary Code in Banjarnegara

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 583
Author(s):  
Bondan Zakaria Bushido ◽  
Gunarto Gunarto
Keyword(s):  
Qualitative Analysis ◽  
Secondary Data ◽  
Research Data ◽  
Data Sources ◽  
Primary Data ◽  
Counseling Service ◽  
Business Activity ◽  
Literature Study ◽  
Analytical Research

The purpose of this study was to determine and analyze Notary authority in Providing Legal counseling in terms of Act No. 2 of 2014 on Amendment of Act No. 30 of 2004 concerning Notary and Notary Code. And to analyze Obstacles and Solutions for a Notary in Role Gives Legal counseling.This study uses empirical juridical approach, the specification is descriptive analytical research, data sources used in the form of primary data obtained through interviews, secondary data with the literature study, qualitative analysis. The problem is analyzed using the theory of Authority and Accountability.Based on the results of this study concluded that 1) Notary authority in providing Legal counseling to Its clients can be divided into two (2) Criteria, namely a) Legal counseling followed by Creation Deed and b) Legal counseling without being followed by Creation Deed. 2) The obstacles in conducting Legal counseling, namely a) Effect of Kinship properties, b) Effect of Position, c) Influence of Consumerism, d) Profession into Business Activity, e) Due to Weak Faith. Solutions to resolve impediments in doing Notaries Legal counseling Legal counseling is doing that is not followed by Creation Deed.Keywords: Notary authority; Legal counseling.

scholarly journals Penguatan Fungsi Legeslasi Dewan Perwakilan Daerah Republik Indonesia Dalam Pembahasan Rancangan Undang-Undang

2019 ◽  
Vol 2 (2) ◽  
pp. 352-369
Author(s):  
Ahmad Dediansyah
Keyword(s):  
Research Method ◽  
National Policy ◽  
Secondary Data ◽  
Checks And Balances ◽  
State Institutions ◽  
Normative Approach ◽  
Library Research ◽  
Two Factors ◽  
The Republic ◽  
Central Level

This study aims to determine the position of the functions and authority of the Regional Representative Council based on the 1945 Constitution of the Republic of Indonesia and the urgency of strengthening the function of the Regional Representative Council as a regional representative in national policy making at the central level. The research method used is a normative legal research method that focuses on library research, namely the search for legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. to obtain secondary data from legal materials. The normative approach is carried out by reviewing the provisions or regulations in force. Basically, the existence of the Regional Representative Council through an amendment to the 1945 Constitution of the Republic of Indonesia is based on the existence of 2 (two) factors, namely democratization and efforts to accommodate regions in making national policies, theoretically the existence of the Regional Representative Council is intended to apply the principle of checks and balances between state institutions, namely the process of mutual supervision and balance between State institutions. This was done to strengthen central and regional relations in order to maintain the integrity and unity of the unitary state of the Republic of Indonesia. However, based on the amendment results of the 1945 Constitution of the Republic of Indonesia the authority of the Regional Representative Council to carry out its function as a regional representative is still inadequate, so the desire to implement the principle of checks and balances between State institutions is still not realized.

scholarly journals Peranan Petugas Imigrasi Terhadap Pengungsi Di Indonesia Terkait Dengan Berlakunya Undang-Undang Nomor 6 Tahun 2011

2019 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Eko Yudis Parlin Rajagukguk ◽  
Suhaidi Suhaidi ◽  
Jelly Leviza ◽  
Anggreni Atmei Lubis
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Data Collection ◽  
Research Data ◽  
Legal Regulations ◽  
Conceptual Level ◽  
Normative Approach ◽  
Library Research ◽  
Field Notes ◽  
The Impact

Nowadays, the refugees’ problems have become a concern towards international society. The study aims to discover how the role ofimmigration officers to organize the foreigners may enter Indonesian territory. Then, the research discover how the impact of refugees existence towards Indonesian people. Then again, what is barrier faced by the immigration officers in handling the refugees in Immigration Detention House in Medan. The method of approach used in this study is a normative approach based on the laws and regulations as a review at the conceptual level about the meaning and purpose of various national legal regulations Number 6 of 2011 concerning Immigration against refugees in Indonesian territory. Data Collection Tools, Library Research (data analysis) Analysis of the data in this study using qualitative methods. The process of analyzing data in qualitative research begins by examining all data collected from various sources, namely from interviews, observations that have been written in field notes, personal documents, official documents, pictures, photographs and so on. The immigration officers of Indonesia manage the foreigners that entering Indonesian territory by applying selective policy. The refugees in Indonesian territory have a crucial impact towards Indonesian society.

scholarly journals STABILIZING OR DESTABILIZING? RECONSIDERING THE REVELANCY OF TURKEY’S NATO MEMBERSHIP

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Siti Rohmah Soekarba ◽  
Devina Ayona ◽  
Cut Jihan Shavira
Keyword(s):  
Foreign Affairs ◽  
Final Conclusion ◽  
International Affairs ◽  
Self Confidence ◽  
Library Research ◽  
The First World War ◽  
The Republic ◽  
Online Library ◽  
The Cold War ◽  
First World

The focus of this study is the Republic of Turkey‟s involvement in NATO with a special attention to Turkey‟s gradual withdrawal from NATO member countries. Additionally, this study will also analyze the influences of Turkey‟s maneuvers in international affairs to NATO‟s internal strategic concerns. After going through decades of democratization process, membership in NATO and great access to relations with the West that last until the present day, this study also offers reviews of Turkey‟s urgency and relevancy to perpetuate its NATO membership. The purpose of this study is to understand and identify the relationship between Turkey‟s international activities, Turkey‟s socio-political conditions at home and their effects to Turkey‟s position inside NATO. The data were collected by means of library research and online library research. The principle result of this study is that Turkey‟s entry into NATO and the drastic democratization in 1950 are all influenced by the international affairs in that period (after the First World War to the Cold War era). The final conclusion of this study is that Turkey is a less practically beneficial country for NATO now and NATO is no longer an essential need for Turkey, as Turkey has gained more self-confidence internationally and thus being no longer reliant on NATO protection, inter alia it is more willing to risk experiments in exercising its foreign affairs.

scholarly journals Discrimination against wife in the perspective of CEDAW and Islam Mubādalah

2020 ◽  
Vol 20 (2) ◽  
pp. 253-268
Author(s):  
Habib Sulthon Asnawi ◽  
Habib Ismail
Keyword(s):  
Qualitative Analysis ◽  
Gender Bias ◽  
Gender Justice ◽  
Marriage Law ◽  
Normative Approach ◽  
Library Research ◽  
Justice Theories

This article analyzed wife discrimination in the household viewed from the perspective of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and Islam Mubādalah. Regulation of wife obligation in the household are stated in the Marriage Law (UUP), Number 1 of 1974, article 34 paragraph (b) saying that “A wife has duty to manage household affairs as well as possible”. The fact shows that the regulation is widely understood literally, hence it creates gender bias stigma and a wife discrimination. The study was a library research using a normative approach, which examined the Marriage Law with qualitative analysis and applied gender justice theories. The research showed that the regulation in the article 34 of the Marriage Law is interpreted textually, which has implications for discrimination against wife roles in the household. As the result, this understanding affects on wife discrimination and againsts gender justice in the perspective of CEDAW and Islam Mubādalah. As the novelty, the authors found that the wife discriminations in the household are due to the strong pratiarchical perspective in the article 34 of Marriage Law, and the article tends to be a masculine perspective.

scholarly journals PEMAKAIAN OBAT SIKLUS HAID BAGI JAMAAH HAJI INDONESIA:

2016 ◽  
Vol 1 (1) ◽  
pp. 1-21
Author(s):  
Aspandi Aspandi
Keyword(s):  
Menstrual Cycle ◽  
Qualitative Data ◽  
Islamic Law ◽  
Research Data ◽  
Natural Cycle ◽  
Normative Approach ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
Differences Of Opinion ◽  
Speed Up

In Islamic Jurisprudence literature, there are differences of opinion about the use of menstrual cycle drugs for women, to speed up and slow down menstruation. Menstruation is a natural cycle of blood loss for women which has implications for several restrictions in the implementation of worship. The implementation of the pilgrimage is considered valid if the requirements and harmony are met. Among the requirements of the pillars of pilgrimage that is sacred from small and large hadast. Many Indonesian pilgrims who have to use menstrual cycle medicine because it is feared will lose one of the conditions and pillars of pilgrimage, such as thowaf ifadhoh. The theoretical purpose of this research is as a discourse and knowledge about the use of menstrual medicine for the benefit of Muslims. The practical aim of this research is to provide knowledge for prospective Indonesian pilgrims, contributions and references about the review of Islamic Jurisprudence on the use of menstrual cycle drugs, how the implications of the use of menstrual cycle drugs on the implementation of Indonesian pilgrimage. This research is descriptive-analytical in nature, providing an explanation of the use of drugs to speed up, slow down menstruation and its implications for the implementation of the Indonesian pilgrimage. This study uses library research data collection techniques (library research), with qualitative data analysis, organizing the opinions of salafi and contemporary fuqaha related issues, sorting them into manageable units, synthesizing them, using a normative approach to the texts and the context of the texts, and drawing conclusions based on the rules of ushuliyah and qawaid fiqhiyah. In the perspective of Islamic law, there are differences of opinion about the ability to use menstrual cycle drugs, the first opinion allows and the second opinion does not allow. The use of menstrual medicine in the implementation of hajj is included in the allowed category because it contains an emergency element and provides rukhshoh (convenience) for pilgrims, if not using menstrual cycle drugs, many pilgrims will lose one of the pilgrimages such as towaf ifadhoh, because her menstrual data cannot be ascertained and known.

The Effectiveness of Mediation Process to Press Divorce Rates

2020 ◽  
Vol 1 (2) ◽  
pp. 78-84
Author(s):  
Hasmawati Hasmawati ◽  
Muhammad Akbar Fhad Syahril
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Field Research ◽  
Research Data ◽  
Good Faith ◽  
Mediation Process ◽  
Review Of Literature ◽  
Normative Approach ◽  
Library Research ◽  
Divorce Rates

This study aims to determine and analyze how the effectiveness of mediation in overcoming divorce in the Palopo Religious Court and what are the factors to be successfully for the resolution of divorce cases in Palopo Religious Court. This study was conducted in Palopo Religious Court. The research method used empirical normative approach, the source of research data was field research and library research such as interviews and literature review of literature books and scientific works. The results of this study indicated that the effectiveness of mediation to overcome the divorce in the Palopo Religious Court is quite effective because it has been carried out with procedures in the mediation process. The successful factors of the divorce case in the Palopo Religious Court were good faith from both sides, the ability of a mediator to provide an explanation to the parties, and time also.

scholarly journals KEDUDUKAN BANK SEBAGAI KREDITOR SEPARATIS DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT

2018 ◽  
Vol 3 (1) ◽  
pp. 61-82
Author(s):  
Yane Pakel
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Research Data ◽  
Bankruptcy Law ◽  
Legal Research ◽  
Article 59 ◽  
Library Research ◽  
Resource Data ◽  
The Republic ◽  
The Right

There are two purpose of this research 1) to know and analyze banks role as secured creditor in executing collaterals. This is cause by the uncertainty of the execution rights as a result of the inconsistencies of regulations mention to Article 55, Article 56 and Article 59 of The Republic of Indonesia Number 37 of 2004 regarding Bankruptcy and Suspension of Payment Obligation. 2) to know and examine the legal protection for secure banks in bankruptcy settlement. This research is a normative legal research that is supported by interview. Secondary data is taken from primary, secondary and tertiary legal resource. Data collection method is documentary study and library research. Data analysis is a qualitative analysis.Based on the result and discussion, bank as a secured creditor has the right to execute collateral that is pledged by debtor, as if bankruptcy does not take place (pursuant to Article 55 paragraph 1)The bankruptcy law has ruled the creditors right on the collateral, but there is uncertainty of execution right. This is caused by the inconsistency of regulations of Article 55, Article 56 and Article 59 of The Republic of Indonesia Number 37 of 2004 regarding Bankruptcy and Suspension of Payment Obligation. Article 56 and Article 59 are limit the creditors rights. The current law does not strongly enforced, thus the bank is seeking right by auction or hidden transaction

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