scholarly journals Ilegal Fishing sebagai Ancaman Kedaulatan Bangsa

2015 ◽  
pp. 1-26
Author(s):  
Amin Bendar
Keyword(s):  
International Law ◽  
Government Regulation ◽  
Legal Action ◽  
Weak Supervision ◽  
Illegal Fishing ◽  
The World ◽  
Economic Zone ◽  
The Law ◽  
The Government ◽  
Sea Area

Indonesia is the largest archipelagic state in the world where the sea area is larger than the mainland. The sea that seems to float island also contains marine wealth at its cranny like fish and other biota. A weak supervision toward the sea of Indonesia effects illegal fishing massively done by foriegn fishery corporations from neighbouring states, so that the illegal fishing makes budget state loss 300 trillion each year. More shockingly, the catched fish are brought to their country and then are exported to Indonesia at the cheap price, so threatens the price determained by local fishermen. An effort to stop the illegal fishing in Indonesia is that the government explicitly utilizes Act Number 45 Year 2009 about Fishery, Minister Regulation Number 2 Year 2015 about Tiger Trawl Usages, and other Acts, Government Regulation, and President Decision. Otherwise, based on the 1945 Constitution of Republic of Indonesia, the 1975 Djuanda's Declaration, UNCLOS III Year 1982 about archipelagic concept of Indonesia, and Exclusively Economic Zone, the Government legally punishes actors of the illegal fishing by burning and sanking their ships to assert sovereignty of Indonesia. The Government’s legal action doesn't break the law, because it is in accordance with the national and international law.

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 Yurisdiksi Negara dalam Pencegahan dan Pemberantasan Illegal Fishing di Indonesia

2019 ◽  
Vol 6 (1) ◽  
pp. 50
Author(s):  
Halimatul Maryani
Keyword(s):  
Natural Resources ◽  
Empirical Research ◽  
Qualitative Data ◽  
Legal Action ◽  
Illegal Fishing ◽  
The Government ◽  
Sea Area

<h1>The purpose of this writing is to find out the jurisdiction of the regional jurisdiction, zone of national jurisdictions covering zones in the marine region, jurisdiction in relation to the utilization of natural resources for people's needs and efforts Government to prevent and eradicate perpetrators of fish theft (illegal fishing). Furthermore, to examine and analyze this research is by combining the normative and juridical juridical methods of empirical research with qualitative data. The result of the research is that illegal fishing issue is no longer a new thing to talk about, even more and more the day is growing and increasing both qualitatively and quantitatively with the form of crime increasingly Systematic conduct of these violations. Various efforts undertaken by the Government to prevent and eradicate perpetrators of fish theft (illegal fishing), among them is to supervise and protect the waters of ZEE, take strict legal action, Improve competence and empowerment of traditional fishermen, control of the sea area and so forth.</h1><p class="KataKunciInggris"> </p>

scholarly journals Foreign investment in Indonesia The Legal Aspects under the New Indonesian Investment Law

2017 ◽  
Vol 8 (2) ◽  
pp. 01
Author(s):  
Petra Bunawan
Keyword(s):  
Economic Growth ◽  
International Law ◽  
Capital Investment ◽  
Government Regulation ◽  
Legal Aspects ◽  
Economic Stability ◽  
The People ◽  
Investment Law ◽  
The Law ◽  
The Government

Indonesia plays an important role in the ASEAN region as well as in the global community, therefore investment policy become one of the major concern to government. To meet and accomodate the business enviroment both domestic and overseas that need capital investment, thus to develop the economic growth and build a suistainable economic stability in the region as well as for the people of Indonesia, it is  neccessary to stipulate the inevestment law that provide all the need . Therefore the government has replaced the old law with the new  Investment Law, the law No 25 of 2007.  The Law provides the basic principle of legal certainty, non discrimination and  same treatment for investors both domestic and overseas. The principles of opennes, accountability, togetherness and the concept of repatriation support the friendly investment atmosphere in Indonesia. As well as the supportive fasilities and easy procedure for investors to invest and build business in Indonesia. One of important issues regarding to Investment law is to increase the direct investment, instead of indirect investment that its contribution has a difference impact to the real sectors and economic growth.The question is the law and supportive law accomodatively provides the need of investment enviroment, knowing the economic growth has been influenced by the era of globalization and in fact Indonesia has signed and ratified international agreement as well. This writing will give a slighty persfective according to Indonesian Investment law and other supportive law, both national and international . Keywords: Law, Investment, Government Regulation, Principles, international law

Territorial Propinquity

1918 ◽  
Vol 12 (3) ◽  
pp. 519-561 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Equal Protection ◽  
Special Interests ◽  
The World ◽  
Special Relations ◽  
Geographical Position ◽  
The Law ◽  
The Government

In an exchange of notes of November 2, 1917, between Secretary of State Lansing and Viscount Ishii, Special Ambassador of Japan, occurs the following paragraph: The Governments of the United States and Japan recognize that territorial propinquity creates special relations between countries, and consequently, the Government of the United States recognizes that Japan has special interests in China, particularly in the part to which her possessions are contiguous.That states are more interested in the immediate neighborhood of their frontiers than in remote parts of the world, and are apt to carry on a disproportionate commerce and intercourse or even to expand in such regions, are facts familiar to all students of history and diplomacy; but that geographical position should create special legal capacities is a doctrine perhaps more unfamiliar and seemingly in conflict with certain traditionally repeated maxims, such as the equality of states. If peculiar geographic relationship gives rise to peculiar legal privileges and responsibilities, an absolute equality of states can not be assumed, although equality before the law or equal protection of the law might still be recognized. The fact is unquestionable that on frequent occasions the geographic position of territory. has been offered and accepted as a justification for exceptional proceedings, admitted, in some cases, to be otherwise contrary to the requirements of international law.

scholarly journals Pentingnya Air Defense Identification Zone di Indonesia

2020 ◽  
Vol 21 (3) ◽  
pp. 459-472
Author(s):  
Lainatussara Lainatussara
Keyword(s):  
International Law ◽  
Early Identification ◽  
Government Regulation ◽  
The State ◽  
Exclusive Economic Zone ◽  
Civil Aviation ◽  
Customary International Law ◽  
Air Defense ◽  
Economic Zone ◽  
The Government

Tujuan penelitian ini adalah untuk mengkaji tentang pengaturan Air Defence Identification Zone (ADIZ) menurut hukum udara internasional, dan alasan diperlukannya ADIZ di wilayah teritorial dan Zona Ekonomi Ekslusif (ZEE) Indonesia. Kajian ini penting disebabkan keamanan suatu negara merupakan hal penting diterapkan oleh negara sebagai pelaksanaan kedaulatannya. Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif yang bersifat deskriptif analitis. Hasil penelitian menunjukkan bahwa adanya Pasal 51 Piagam PBB, hukum kebiasaan internasional, dan Konvensi Penerbangan Sipil Internasional yang menjadi dasar pemberlakuan dan pengaturan ADIZ. Adanya penetapan ADIZ di wilayah territorial dan ZEE Indonesia menjadi suatu hal yang perlu dan penting sebagai sarana identifikasi dini bagi pesawat asing yang akan memasuki wilayah udara Indonesia dan sekaligus sebagai pengamanan Alur Laut Kepulauan Indonesia (ALKI). Hal tersebut ditegaskan dengan telah ditetapkannya Peraturan Pemerintah Nomor 4 Tahun 2018 tentang Pengamanan Wilayah Udara. The Important of Air Defence Identification Zone in Indonesia The purpose of this study is to examine the regulation of the Air Defense Identification Zone (ADIZ) according to international air law, and the reasons for the need for ADIZ in the territory and the Indonesian Exclusive Economic Zone (EEZ). This study is important because the security of a country is important to be applied by the state as the implementation of its sovereignty. The method used is normative juridical method which is analytical descriptive. The results showed that the existence of Article 51 of the UN Charter, customary international law and the International Civil Aviation Convention which forms the basis of ADIZ's enforcement and regulation. The establishment of ADIZ in Indonesia's territorial and EEZ becomes a necessary and important as a means of early identification for foreign aircraft that will enter Indonesian airspace and at the same time as a security for the Indonesian Archipelagic Sea Lane (ALKI). This was confirmed by the Government Regulation Number 4 of 2018 concerning Safeguarding Airspace.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

scholarly journals The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary

Rechtsidee ◽  
2014 ◽  
Vol 1 (2) ◽  
pp. 147
Author(s):  
Mochammad Tanzil Multazam
Keyword(s):  
Government Regulation ◽  
Competent Authority ◽  
Public Official ◽  
The Law ◽  
The Government ◽  
The Impact

Birth of Law No. 30 of 2004 on Notary, regarded as the beginning of reforms in the field of notary. A notary who previously carried out its duties based on the Dutch heritage regulations Reglement op Het Notaris Ambt in Indonesie (Stb. 1860:3) was started feels aware of its existence by the government. However, one of the impact of these laws is the extension of the authority of the notary to make the auctions minutes deed and the land deed, but as it is known in advance, making auctions minutes deed is the authority of the auction official, and make the land deed is the land deed official authority (known as PPAT ). Based on Vendu Reglement (VR), only authorized officials that can make auctions minutes deed, and if the notary push him to make it, then the power of the deed will degrade into privately made deed because it is not made by the competent authority. As with the land deed, authorized officials to make the land deed is PPAT, but the authority specified in Article 2 paragraph (2) of Government Regulation No. 37 of 1998 on Land Deed Official. Therefore, the Notary can make land deed, on condition not including the deed contained in that Article 2 paragraph (2). How To Cite: Multazam, M. (2014). The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary. Rechtsidee, 1(2), 147-162. doi:http://dx.doi.org/10.21070/jihr.v1i2.94

scholarly journals Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah

2013 ◽  
Vol 13 (2) ◽  
pp. 233
Author(s):  
Masruhan Masruhan
Keyword(s):  
The State ◽  
Legal Action ◽  
Negative Effects ◽  
The Law ◽  
The Government

Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa&gt;s}id al - shari&gt;ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

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