scholarly journals Analysis of Law Enforcement Against Criminal Action on Illegal Fishing (Case Study of MV Hai Fa)

2020 ◽  
Vol 4 (1) ◽  
pp. 14
Author(s):  
Yusuf Nur Arifin
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Judicial Process ◽  
Marine Animals ◽  
Sphyrna Lewini ◽  
Illegal Fishing ◽  
Comparison Approach ◽  
The Republic ◽  
The Government ◽  
Fisheries Law

<p>The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (<em>Carcharhinus spp</em>) and hammerhead shark (<em>Sphyrna lewini</em>) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (<em>Carcharhinus spp</em>) and hammerhead sharks (<em>Sphyrna lewini</em>) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No.31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions were adjusted to international law and the material and immaterial losses caused by the crime.</p>

scholarly journals Illegal Capture of Fish by Foreign State Ships from the Perspective of International Law

2021 ◽  
Author(s):  
Ferdinand Pusriansyah
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Task Force ◽  
National Development ◽  
Illegal Fishing ◽  
Foreign State ◽  
Marine Products ◽  
The Government ◽  
Fisheries Law ◽  
Positive Step

The Indonesian Sea has an area of 5.8 million km2, with 17,480 islands offering a coastline of 95,181 km2, with has a large and diverse fishery potential. The economic potential of fisheries offers a substantial and significant sustainable base for national development. However, there are a number of irresponsible parties who take Indonesian marine products illegally. The implementation of Act No. 45 of 2009 concerning Fisheries is a positive step and is a basis or rule in deciding legal issues related to illegal fishing. The Fisheries Law adopts several provisions of international law on maritime affairs, one of which is the 1982 United Convention on the Law of the Sea (UNCLOS) and Indonesia has ratified the UNCLOS through Act No. 17 of 1985. The government through the Ministry of Marine Affairs and Fisheries (KKP) issued several policies to prevent illegal fishing practices, including Improving Facilities and Infrastructure, Supervision of Law Enforcement in the Fisheries Sector, Establishing a Task Force to Eradicate Illegal Fishing. Keywords: Foreign Ships, Illegal Fishing, International Law

scholarly journals PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA LINTAS NEGARA MELALUI PERJANJIAN EKSTRADISI (SUATU CATATAN MENARIK UNTUK DISKUSI)

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Stefanus Reynold Andika
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Legal System ◽  
Organized Crime ◽  
Transnational Crime ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The Republic ◽  
The Government

The establishment of an extradition treaty between the Government of the Republic of Indonesia and other countries is a strategic effort in order to increase cooperation in the field of law enforcement and the implementation of justice. With the formation of the extradition treaty, the perpetrators of crimes that are being sought and fleeing the country cannot escape easily from lawsuits. Although the extradition issue is basically seen as part of international law, the discussion cannot be emphasized only in terms of international law. Many things are not further regulated in extradition agreements, especially if the problem is a domestic problem of each country. This article discusses Law Enforcement Against Transnational Criminals through Extradition Agreements. This research is normative juridical and prescriptive. The results of the study conclude that Law Enforcement Against Transnational Crime Actors under the provisions of the United Nations Convention Against Transnational Organized Crime (UNTOC) is not fully implemented in the Indonesian legal system. Based on data until the 2017 period, it can be concluded that the implementation of extradition in Indonesia based on the provisions of UNTOC is still not fully implemented.

scholarly journals THE DROWNING POLICY THE FOREIGN FISHING VESSELS OF ILLEGAL FISHINGBY INDONESIA GOVERNMENT IN INTERNATIONAL LAW PERSPECTIVE

2019 ◽  
Vol 3 (2) ◽  
pp. 32
Author(s):  
Amry Mangihut Tua
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Dispute Resolution ◽  
Deterrent Effect ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
The Republic

The drowning of foreign fishing vessels of illegal fishing actors in Indonesia teritory is one of law enforcement efforts to against the eradication of illegal fishing and to enforce the sovereignty of the territory of the Republic of Indonesia. It is a special act mandated in Article 69 paragraph (4) of Law No. 45 of 2009 on fisheries. This sinking policy invites controversy from neighboring countries because it is considered as an action that violates the principle of peaceful dispute resolution and is not regulated in international law. Indonesia keep continues to enforce this policy because it is considered the most effective step in reducing massive illegal fishing in Indonesian waters and has a deterrent effect for the actors. Keywords: drowning policy of foreign ship, illegal fishing, international law

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

Contemporary Practice of the United States Relating to International Law

1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)
Keyword(s):  
United States ◽  
Hong Kong ◽  
Law Enforcement ◽  
International Law ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Government ◽  
Contemporary Practice

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

scholarly journals PERLINDUNGAN HUKUM TERHADAP IKAN HIU DAN IKAN PARI UNTUK MENJAGA KESEIMBANGAN EKOSISTEM LAUT INDONESIA

2017 ◽  
Vol 24 (2) ◽  
pp. 224
Author(s):  
Zaka Firma Aditya ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Environmental Issues ◽  
Conservation Areas ◽  
Marine Animals ◽  
Fishing Activity ◽  
Global Environmental ◽  
Education And Awareness ◽  
Shark Conservation ◽  
The Government

The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesia’s marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.

Between Anglophone and Francophone Cameroon

2021 ◽  
pp. 1-43
Author(s):  
E. H. Ngwa Nfobin ◽  
Nchotu Veraline Nchang Minang
Keyword(s):  
International Law ◽  
Self Determination ◽  
The Republic ◽  
The Government ◽  
Political Scene

Abstract In 2016, the reputation for stability of the Republic of Cameroon, a state made up of Francophones that constitute the majority (three quarters of the population of 25000000) and Anglophones that constitute a minority abruptly came an end when Anglophone secessionists took up arms to fight for the independence of the former Southern Cameroons. It was no surprise to keen observers of the Cameroon political scene in the last decades, If the government of the day is determined to give what it will take to keep the country united, the secessionists are equally convinced of the rectitude of their cause which they base on the principle of self-determination in international law, contesting the legality of the UN-organised plebiscite of!961 that led to the Reunification of the country. This paper assesses the legality of the claims of the protagonists for better information of all the stakeholders in the ongoing conflict..

scholarly journals Protecting the Best Interests of the Child: A Comparative Analysis of the Youth Justice Systems in Ireland, England and Scotland

2010 ◽  
Vol 18 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Raymond Arthur
Keyword(s):  
Young People ◽  
International Law ◽  
Justice System ◽  
Best Interests ◽  
Youth Justice ◽  
Best Interest ◽  
The Republic ◽  
The Government ◽  
Offending Behaviour ◽  
Best Interest Principle

AbstractIn the Republic of Ireland the government has proposed amending the Irish Constitution in order to improve children's rights. In this article I will argue that the proposed amendment represents a serious diminution in the rights historically afforded to young people who offend, disregards Ireland's commitments under international law and also ignores the well established link between child maltreatment and youth offending. The Irish approach echoes developments in the English youth justice system where the welfare concerns of young people who offend have become marginalised. I will compare the Irish and English approaches with the Scottish youth justice system which looks beyond young people's offending behaviour and provides a multi-disciplinary assessment of the young person's welfare needs. I will conclude that in Ireland, and in England, the best interest principle must be applied fully, without any distinction and integrated in all law relevant to children including laws regulating anti-social and offending behaviour.

The Agreement on the Establishment of the Extraordinary African Chambers within the Senegalese Judicial System Between the Government of the Republic Of Senegal and the African Union and the Statute of the Chambers

2013 ◽  
Vol 52 (4) ◽  
pp. 1020-1036 ◽  
Author(s):  
Roland Adjovi
Keyword(s):  
International Law ◽  
War Crimes ◽  
Judicial System ◽  
Crimes Against Humanity ◽  
African Union ◽  
International Crimes ◽  
The Republic ◽  
The Government

On August 22, 2012, the Republic of Senegal and the African Union (AU) signed an agreement to create a tribunal within the Senegalese judicial system to prosecute the perpetrators of international law violations in Chad between 1982 and 1990. To be called the Extraordinary African Chambers (Chambers), the tribunal is the result of years of political and judicial bargaining around Hissein Habré, the former President of Chad. The Chambers were inaugurated in February 2013, following the agreement upon a Statute of the Chambers in January 2013. On July 2, 2013, Hissein Habré was charged with crimes against humanity, torture, and war crimes, and placed in pre-trial detention. To date, Habré is the only indictee, but the Prosecutor reportedly intends to seek the indictment of five officials of Habré’s administration suspected of having committed international crimes.

scholarly journals «ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅԱՆ ՀԱԿԱԿՈՌՈՒՊՑԻՈՆ ՌԱԶՄԱՎԱՐՈՒԹՅՈՒՆԸ ԵՎ ԴՐԱ ԻՐԱԿԱՆԱՑՄԱՆ 2019-2022 ԹՎԱԿԱՆՆԵՐԻ ՄԻՋՈՑԱՌՈՒՄՆԵՐԻ ԾՐԱԳԻՐԸ ՀԱՍՏԱՏԵԼՈՒ ՄԱՍԻՆ» ՀՀ ԿԱՌԱՎԱՐՈՒԹՅԱՆ 03.10.2019թ. ԹԻՎ 1332-Ն ՈՐՈՇՄԱՆ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆ ԵՎ ԱՌԱՋԱՐԿՆԵՐ/Some issues related to the Decision of the Government of the Republic of Armenia No 1332-N of 3 October 2019 on Confirmation of the Anti-Corruption Strategy of the Republic of Armenia and its 2019-2022 Action Plan/ПРОБЛЕМЫ, КАСАЮЩИЕСЯ ПОСТАНОВЛЕНИЯ 1332-Н ПРАВИТЕЛЬСТВА РЕСПУБЛИКИ АРМЕНИЯ ОТ 03.10.2019 ГОДА «Об УТВЕРЖДЕНИИ АНТИКОРРУПЦИОННОЙ СТРАТЕГИИ РЕСПУБЛИКИ АРМЕНИЯ И ПРОГРАММЫ МЕРОПРИЯТИЙ ПО ЕЕ ОСУЩЕСТВЛЕНИЮ НА 2019-2020 ГОДЫ»

2020 ◽  
pp. 25-33
Author(s):  
Aram Ayvazyan
Keyword(s):  
Law Enforcement ◽  
Action Plan ◽  
The Republic ◽  
The Government

The Decision of the Government of the Republic of Armenia No 1332-N of 3 October 2019 on Confirmation of the Anti-Corruption Strategy of the Republic of Armenia and its 2019-2022 Action Plan have been studied in the article recognizing its importance in the scope anti-corruption policy implemented by state authorities of the Republic of Armenia. In parallel, some theoretical and law enforcement issues of Plan have been revealed and specific proposals have been made to solve or counteract them as much as possible.

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