scholarly journals Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 71
Author(s):  
Annalisa Y ◽  
Murzal Murzal ◽  
Rizka Nurliyantika
Keyword(s):  
The State ◽  
The Other ◽  
Legal Certainty ◽  
Constitutional Courts ◽  
Normative Study ◽  
Historical Interpretation ◽  
Sea Transportation ◽  
The Government ◽  
The One ◽  
Maritime Territory

Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.

scholarly journals SALT AND SOVEREIGNTY IN COLONIAL BURMA

2020 ◽  
pp. 1-24
Author(s):  
JAGJEET LALLY
Keyword(s):  
State Power ◽  
The State ◽  
The Other ◽  
British India ◽  
Administrative Capacity ◽  
The Everyday ◽  
The Government ◽  
Fiscal Administration ◽  
The One ◽  
Knowledge Deficits

Abstract Across monsoon Asia, salt is of such vital necessity that controlling its production or supply has historically been connected to the establishment and expression of political authority. On the one hand, rulers maintained the allegiance of their subjects by ensuring their access to salt of suitable price and sufficient quantity. On the other hand, denying rebels their salt was a strategy of conquest and pacification, while the necessity of salt meant it could reliably be taxed to raise state finances. This article first sets out this connection of salt and sovereignty, then examining it in the context of colonial Burma, a province of British India from its annexation until its ‘divorce’ in 1935 (effected in 1937), and thus subject to the Government of India's salt monopoly. Focusing on salt brings into view two aspects of the state (while also permitting analysis of ‘Upper Burma’, which remains rather marginal in the scholarly literature). First, the everyday state and quotidian practices constitutive of its sovereignty, which was negotiated and contested where indigenes were able to exploit the chinks in the state's administrative capacity and its knowledge deficits. Second, in turn, the lumpy topography of state power. The state not only failed to restrict salt production to the extent it desired (with the intention that indigenes would rely on imported salt, whose supply was easier to control and thus tax), but conceded to a highly complex fiscal administration, the variegations in which reflected the uneven distribution in state power – thicker in the delta and thinnest in the uplands.

The Independent Fiscaals of the VOC. 1689–1719

Itinerario ◽  
1985 ◽  
Vol 9 (2) ◽  
pp. 92-107 ◽  
Author(s):  
F.S. Gaastra
Keyword(s):  
18Th Century ◽  
The State ◽  
The Other ◽  
Ancien Regime ◽  
Sharp Line ◽  
Other Hand ◽  
Moral Standards ◽  
The Government ◽  
The One ◽  
Ancien Régime

The organization of the Dutch Wast India Company (Verenigde Oostinische Compagnie, VOC) is in many respects comparable with the government bureaucracies of the 17th and 18th century. Like the officials in the administration of the state, the servants of the Company used their position to enrich themselves in a way that nowadays would be called corrupt. But it has been stressed that it would be incorrect to apply modern moral standards on the bureaucracy of the ancien regime. It is in fact impossible to draw a sharp line between what was allowed to the Company's servants overseas and what was forbidden to them. The directors or bewindhebbers of the VOC themselves were not very consistent in these matters. On the one hand, they appointed members of their families and their clients to honourable positions in order to provide them with a moderate salary and a well-spread “free” table during their stay in Asia. On the other hand, the directors tried to keep the monopoly of the VOC intact, which meant that no other Dutch merchants, not even Company's officials, were allowed to carry any trade in Asia on their own account.

[A3–A4v] A. P. to the Reader

1991 ◽  
Vol 42 ◽  
pp. 62-64
Keyword(s):  
Young Men ◽  
The State ◽  
The Other ◽  
The Government ◽  
The One ◽  
Good Cause

AMong all sortes of humane writers, there is none that have done more profit, or deserved greater prayse, then they who have committed to faithfull records of histories, ey ther the government of mighty states, or the lives and actes of famous men. For by describing the order and passages of these two, and what events have followed what counsailes, they have set foorth unto us not onely precepts, but lively patterns, both for private directions and for affayres of state, whereby in shorte time young men may be instructed, and ould men more fullie furnished with experience then the longest age of man can affoorde. And therefore Cicero reporteth that L. Lucullus, when he went from Rome to make warre against Mithridates, was altogether unskilfull in militarie services, yet in the time of his navigation he so exercised himselfe what with conference, and what with reading of histories, that when hee came into Asia, by the judgement and confession of that great king hee was preferred before all the commaunders that were before him. Heereupon when Alexander Severus did deliberate of anye weightie matter, hee would especiallye take advise of men skilfull in histories, and not without good cause. For if (as Afranius saith) experience hath begot wisedome, and memory as a mother hath brought it foorth, who are to be better accompted then they whose memory is as it were a rich storehouse of the experiences not of one age or country, but of all times and all nations? And therefore it is no great marvaile that Zenobia, who after the death of her husband Odonatus tooke upon her the state, not onely insulted upon the Romaines, but held the Arabians, the Saricenes, the Armenians and other fierce and intractible people in such obedience that, although shee were both a woman and a barbarian, yet they never stirred against her. For she had perfectly red the Romaine history in Greeke, and also had herselfe abridged the Alexandrian and all the Orientall histories, whereby she attained the highest pitch both of wisedome and authority. For examples are of greater force to stir unto vertue then bare preceptes, insomuch as Cicero said that nothing could be taught well without example. Therefore the Lacaedemonians (as Plutarch writeth) did use upon feastivall dayes to present unto their sons certayne drunken slaves whom they called ἑιλωτας, that by view of the vice they might learne to avoide it, and Hismenias the Thebane would shew to his schollars musitians of all sortes, good and bad, instructing them to followe the one and not the other. And this is that which the Apologie telleth of a certaine country woman who, being hard favoured, and fearing least shee should bring foorth children like her selfe, got many faire and beautifull pyctures, which shee did dayly and steedfastly beholde: the meaning whereof is that by setting before us the actes and lives of excellent men, it is the readiest way to fashion our qualities according to the same.

scholarly journals The Conceptions of Sharia and Citizenship in Indonesia and Malaysia

2019 ◽  
Vol 1 (1) ◽  
pp. 1-14
Author(s):  
Muhamad Ali
Keyword(s):  
Religious Diversity ◽  
The State ◽  
The Other ◽  
Nation State ◽  
Binary Opposition ◽  
The Government ◽  
The One ◽  
The Relationship ◽  
Compare And Contrast ◽  
Modern Nation State

Indonesia and Malaysia offer comparative perspectives concerning the relationship between loyalties to the Muslim umma, local ethnicity, and the modern nation-state, and how interpretations of the sharia and modern constitution, laws, politics, and policies intersect in multiple and changing ways. This article seeks to compare and contrast some of the contemporary discourses on sharia and citizenship as demonstrated by Indonesian and Malaysian scholars, politicians, and activists. Both Indonesian and Malaysian constitutions were born out of the modern notion of citizenship that recognizes religious diversity. On the one hand, the Constitution of Indonesia does not specify Islam as the state religion, but the government promotes official religions. On the other hand, the Constitution of Malaysia makes it explicit that Islam is the state religion while recognizing religious diversity. The Indonesian government does not conflate particular ethnicity with Islam, whereas Malaysia integrates Islam and Malay ethnicity amidst Malaysian religious and ethnic plurality. Both cases prevent us from categorizing each case as either an Islamic legal conservatism or a modern legal liberalism. These two cases resist the binary opposition between sharia conservatism deemed against citizenship and modern legal liberalism deemed against religious laws. There are ambiguities, contradictions, as well as compromises and integration between conflicting ideas and systems concerning Islam and citizenship.

scholarly journals The institution of urbarars in mediaeval Serbia

Bastina ◽  
2020 ◽  
pp. 263-279
Author(s):  
Andreja Katančević
Keyword(s):  
Ottoman Empire ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Historical Interpretation ◽  
Historical Method ◽  
Other Hand ◽  
Mining Law ◽  
Mining Laws ◽  
The One

Urbarars are an institution of Saxon customary law, which was present in mediaeval mining laws of Bohemia and Serbia. The aim of this paper is to compare Serbian and Bohemian mediaeval solutions and to discover whether and to what degree urbarars were an original development within the Serbian mediaeval state. The results show that the two institutions are similar with regard to their judicial competence and the task of keeping registries of legal titles. The differences are more numerous. Bohemian urbarars were at the same time contractors for regal incomes, which leads to further differences. Serbian urbarars had smaller competences and, according to the sources, did not collect the urbor. Their jurisdiction was much narrower, confined to mining disputes of lower value. They survey the mining field and keep records about concessions and mining partnerships, which, in Bohemia, was the task of special notaries and not urbarars. The urbarars of Novo Brdo received compensation for their services in the form of fees for surveys and registration of legal titles, as well as fines for delicts, while Bohemian urbarars received a part of the collected regal income. Taking everything into account, it can be cautiously concluded that Bohemian solutions were closer to Saxon customs. On the one hand, Bohemian legal sources are at least a century older than the Serbian sources, on the other hand, Saxons in Serbia were few and were quickly assimilated, whereas Germans remained a significant community in Bohemia well into the XX century, which means that they could preserve their customs, as well as legal customs, more easily. This confirms the authenticity of a good part of norms of Serbian mining law, i.e. that from XIII to XV century it experienced a sui generis development in Serbia. It was then received in the Ottoman Empire and survived the state which created it by several centuries. The applied methods are linguistic, systemic and historical interpretation of the sources, as well as the comparative and historical method.

MEMBANGUN PENDIDIKAN KARAKTER SEJAK USIA DINI

Edupedia ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 55-64
Author(s):  
Agus Supriyadi
Keyword(s):  
Human Resources ◽  
Character Education ◽  
Moral Values ◽  
The Other ◽  
Educational Institutions ◽  
Early Age ◽  
National Education ◽  
Other Hand ◽  
The Government ◽  
The One

Character education is a vital instrument in determining the progress of a nation. Therefore the government needs to build educational institutions in order to produce good human resources that are ready to oversee and deliver the nation at a progressive level. It’s just that in reality, national education is not in line with the ideals of national education because the output is not in tune with moral values on the one hand and the potential for individuals to compete in world intellectual order on the other hand. Therefore, as a solution to these problems is the need for the applicationof character education from an early age.

Bastard Feudalism and the Framing of Thirteenth-Century England

2018 ◽  
Author(s):  
Peter Coss
Keyword(s):  
Middle Ages ◽  
Thirteenth Century ◽  
Twelfth Century ◽  
The State ◽  
The Other ◽  
Great Work ◽  
Early Middle Ages ◽  
The One ◽  
The Relationship

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.

Timber

2018 ◽  
Author(s):  
Christine Cheng
Keyword(s):  
Civil War ◽  
Dispute Resolution ◽  
Charles Taylor ◽  
The Other ◽  
Other Hand ◽  
Forestry Sector ◽  
The Government ◽  
The One ◽  
Timber Market

During the civil war, Liberia’s forestry sector rose to prominence as Charles Taylor traded timber for arms. When the war ended, the UN’s timber sanctions remained in effect, reinforced by the Forestry Development Authority’s (FDA) domestic ban on logging. As Liberians waited for UN timber sanctions to be lifted, a burgeoning domestic timber market developed. This demand was met by artisanal loggers, more commonly referred to as pit sawyers. Out of this illicit economy emerged the Nezoun Group to provide local dispute resolution between the FDA’s tax collectors and ex-combatant pit sawyers. The Nezoun Group posed a dilemma for the government. On the one hand, the regulatory efforts of the Nezoun Group helped the FDA to tax an activity that it had banned. On the other hand, the state’s inability to contain the operations of the Nezoun Group—in open contravention of Liberian laws—highlighted the government’s capacity problems.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

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