scholarly journals Evaluating the implementation framework of the International Ship and Port Facility Security Code in the Republic of Azerbaijan

2021 ◽  
Vol 3 (2) ◽  
pp. 185-201
Author(s):  
Natig Hasanov ◽  
Mohamed Farhan Alsulaiman
Keyword(s):  
Maritime Security ◽  
Mitigation Measures ◽  
Security Level ◽  
Shipping Industry ◽  
Implementation Framework ◽  
Port Facilities ◽  
The Republic ◽  
The Government ◽  
Specific Implementation ◽  
Port Facility

In the aftermath of the 9/11/2001 terrorist attacks in the USA via air transport vehicles (airplanes), security vulnerabilities also became a major concern for the shipping industry. Reacting rather quickly, the International Maritime Organization (IMO) streamlined efforts to respond to the need for a new global legal framework that addresses security risks and establishes mitigation measures to enhance security levels within the extended maritime transport system through the introduction of the International Ship and Port Facility Security Code (ISPS Code). Security issues became an inseparable part of the International Convention for the Safety of Life at Sea (SOLAS) with the incorporation of a new Chapter (XI-2: Special measures to enhance maritime security). The ISPS Code was adopted with the objective of establishing effective international cooperation between contracting governments, governmental agencies, national administrations, shipping companies, and port facilities for identifying, evaluating, and responding to security threats against ships and ports. Azerbaijan’s State Maritime Agency (SMA) is the authorized organization for the implementation of the provisions of SOLAS and the ISPS Code on behalf of the government. The main aim of this research was to evaluate the specific implementation framework of the ISPS Code, including associated regulations and guidelines; it also briefly examined the different security measures within the various port facilities in the Republic of Azerbaijan. This effort was based on 2 different approaches, in which both qualitative and quantitative research techniques were used. Data was collected through interviews with person responsible for the security of ships and the port facilities and from a survey of 115 participants directly involved in maritime security, such as seafarers, port facility guards, and port personnel, as well as visitors. Overall, the implementation of the ISPS Code in Azerbaijan has been successful, and the security level has been maintained at a high level; however, there are some areas in need of improvement.

scholarly journals MARITIME SECURITY REGULATION CONCERNING INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE 2002 AND ITS IMPLEMENTATION IN INDONESIA

2021 ◽  
Vol 3 (1) ◽  
pp. 19-28
Author(s):  
Ayu Kusuma Wardani
Keyword(s):  
Maritime Security ◽  
Security Level ◽  
Literature Study ◽  
Safety Standards ◽  
Port Facilities ◽  
The Government ◽  
Ship Security ◽  
Security Standards ◽  
Ship Safety ◽  
Port Facility

Ministerial Regulation Number 134 of 2016 is a form of ratification of the International Ship and Port Facility Security Code 2002 (ISPS Code, 2002), the objective of which is to establish a consistent standard framework for evaluating risk and enabling the government to compensate for changes in threats through measures appropriate safety measures. In its development, there are several regulations related to implementing the 2002 ISPS Code in Indonesia. These regulations were formed by adjusting the standard regulations in the 2002 ISPS Code with the safety conditions of ships and ports in Indonesia. The problem is, Indonesia has several large ports that operate as international ports in international trade.   The type of research used is normative legal research sourced from primary, secondary, and tertiary legal materials whose data collection is carried out by literature study. The results of the study show two things: (1) Maritime security arrangements relating to shipping safety standards and port facilities in the 2002 ISPS Code are divided into two parts, namely part A (Part A) containing systematic arrangements and implementation of the ISPS Code for signatory countries including and Definition, Purpose, Scope of Ship Safety Standards and Port facilities and ISPS Code Compliance Procedure. And part B (Part B) contains further explanation about part A including Determination of Security Level, Implementation of Ship Security, Implementation of Port Facility, and Information and Communication Security. (2) The implementation of the maritime security regulation related to security standards ships and port facilities in the ISPS Code in 2002 in Indonesia contained in via Law No. 17 the Year 2008 on the voyage, Ministerial Regulation Number 134 the Year 2016 concerning Management of Ship Safety and Port Facilities.

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.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

GOVERNMENT RESPONSIBILITY TO PROTECT PEOPLE’S RIGHTS OVER THE CLEAN WATER

2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir
Keyword(s):  
Water Management ◽  
Human Life ◽  
The State ◽  
Responsibility To Protect ◽  
Clean Water ◽  
State Control ◽  
Government Responsibility ◽  
The Republic ◽  
The Government

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.

Land Reform in Zimbabwe: a Balance of Political Expediency and Economic Inevitability?

2020 ◽  
pp. 14-29
Author(s):  
Lyubov Prokopenko
Keyword(s):  
Land Reform ◽  
Union Leader ◽  
Political Crisis ◽  
The Political ◽  
African Region ◽  
Political Aspect ◽  
National Union ◽  
Reform Program ◽  
The Republic ◽  
The Government

The article considers the political aspect of land reform in the Republic of Zimbabwe. The problem of land reform has been one of the crucial ones in the history of this African country, which celebrated 40 years of independence on April 18, 2020. In recent decades, it has been constantly in the spotlight of political and electoral processes. The land issue was one of the key points of the political program from the very beginning of Robert Mugabe’s reign in 1980. The political aspect of land reform began to manifest itself clearly with the growth of the opposition movement in the late 1990s. In 2000–2002 the country implemented the Fast Track Land Reform Program (FTLRP), the essence of which was the compulsory acquisition of land from white owners without compensation. The expropriation of white farmers’ lands in the 2000s led to a serious reconfiguration of land ownership, which helped to maintain in power the ruling party, the African National Union of Zimbabwe – Patriotic Front (ZANU – PF). The government was carrying out its land reform in the context of a sharp confrontation with the opposition, especially with the Party for the Movement for Democratic Change (MDC), led by trade union leader Morgan Tsvangirai. The land issue was on the agenda of all the election campaigns (including the elections in July 2018); this fact denotes its politicization, hence the timeliness of this article. The economic and political crisis in Zimbabwe in the 2000–2010s was the most noticeable phenomenon in the South African region. The analysis of foreign and domestic sources allows us to conclude that the accelerated land reform served as one of its main triggers. The practical steps of the new Zimbabwean president, Mr. Emmerson Mnangagwa, indicate that he is aware of the importance of resolving land reform-related issues for further economic recovery. At the beginning of March 2020, the government adopted new regulations defining the conditions for compensation to farmers. On April 18, 2020, speaking on the occasion of the 40th anniversary of the independence of Zimbabwe, Mr. E. Mnangagwa stated that the land reform program remains the cornerstone of the country’s independence and sovereignty.

K.H. Abdul Halim dan Gagasan Pendidikan Ekonomi Berbasis Pesantren

2018 ◽  
Vol 15 (1) ◽  
pp. 177
Author(s):  
Asep Saefullah
Keyword(s):  
Educational Institutions ◽  
Religious Organization ◽  
Education Economics ◽  
West Java ◽  
Political Activist ◽  
National Hero ◽  
Younger Generation ◽  
The Republic ◽  
The Government ◽  
Economics And Politics

This paper discusses the biography of K.H. Abdul Halim, a cleric, educator, political activist, a national hero, who was born in Jatiwangi, Majalengka, West Java on June 26, 1887 and died on May 7, 1962, in a peaceful and quiet place, Santi Asromo, Majalengka. The title of the National Hero from the Government of Indonesia was granted on the basis of his important roles in education, economics and politics. Among his legacy are the religious educational institutions, namely Santi Asromo Pesantren, the religious organization of the Islamic Ummah Union (PUI), and several books such as the Kitab Petunjuk bagi Sekalian Manusia (Manual for Man), Ekonomi dan Koperasi dalam Islam (Economics and Cooperative in Islam), dan Ketetapan Pengajaran di Sekolah Ibtidaiyah Persyarikatan Ulama (The Teaching Decrees at Ibtidaiyah Persyarikatan Ulama School). His biography is a manifestation of appreciation for his services and works, his struggle and his devotion to science and people, as well as his role and contribution in building the nation of Indonesia with noble character and dignity. Another milestone of his is the value of the struggle and at the same time his Islamic scholarship can be an example for the younger generation in particular and for anyone who aspires to build a nation of Indonesia which is based on the Belief in One God, fair and civilized, united in the context of the Republic of Indonesia (NKRI). Keywords: Kiai, Education, Pesantren, Majalengka, West Java Tulisan ini mengangkat biografi K.H. Abdul Halim dan gagasannya tentang pendidikan ekonomi di pesantren. Ia memiliki nama kecil Otong Syatori, dikenal sebagai ulama pejuang, pendidik, dan aktivis politik. Ia dilahirkan di Desa Ciborelang, Kecamatan Jatiwangi, Majalengka, Jawa Barat, pada 26 Juni 1887, dan wafat dalam usia 75 tahun pada 7 Mei 1962, di Santi Asromo, Majalengka. Ia mendapat gelar Pahlawan Nasional dari Pemerintah RI tahun 2008. Perjuangannya meliputi pendidikan, ekonomi, dan politik. Adapun metode yang digunakan dalam tulisan ini adalah deskriptif-analitis dengan perspektif historis. Adapun fokusnya, selain biog¬rafi singkat K.H. Abdul Halim, juga tentang konsep pendidikan eko¬no¬mi berbasis pesantren. Dari hasil pembahasan ditemukan bahwa ia telah melakukan pembaharuan di bidang pendidikan agama dan sekaligus memberikan keterampilan kewirausahaan bagi santri dan lulusannya. Awalnya gagasan tersebut berasal dari konsep pembaharuannya yang disebut Iṣlāḥ as-Ṡamāniyyah, yaitu: perbaikan akidah, ibadah, pendidikan, keluarga, kebiasaan (adat), masyarakat, ekonomi, dan hubungan umat dan tolong-menolong. Di bidang pendidikan, ia memadukan sistem pesantren dengan sistem sekolah, ilmu-ilmu agama dengan ilmu-ilmu umum, serta memberkali para santrinya dengan berbagai keterampilan tangan dan keahlian teknik. Di bidang ekonomi, disebutnya dengan Iṣlāḥ al-Iqtiṣād, untuk menanggulangi ketimpangan ekonomi di masyarakat, yaitu dengan menanamkan kesadaran kepada kaum muslimin agar berusaha memperbai¬ki dan meningkatkan kehidupan ekonominya dan berjuang secara bersama-sama melalui wadah koperasi. Kata kunci: Abdul Halim, Santi Asromo, pendidikan ekonomi, Iṣlāḥ as-Ṡamāniyyah, Iṣlāḥ al-Iqtiṣād

Stimulating the economy in the Republic of Korea in the context of the COVID-19 pandemic

2020 ◽  
pp. 41-51
Author(s):  
I. Korgun ◽  
S. Sutyrin
Keyword(s):  
Social Situation ◽  
Republic Of Korea ◽  
Business Activity ◽  
The Social ◽  
The Republic ◽  
The Government

This article discusses the measures of the government of the Republic of Korea to overcome the consequences of the COVID-19 pandemic. It shows what programs are being adopted to stabilize the social situation, normalize business activity and create conditions for the development of new sectors of the economy. An attempt is also made to suggest how relations with foreign economic partners may change in the post-tandem period.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

ENVIRONMENTAL ACCOUNTING FOR WASTE PROCESSING IN SITI AISYAH HOSPITAL LUBUKLINGGAU CITY

2019 ◽  
Vol 24 (1) ◽  
pp. 1-7
Keyword(s):  
Accounting Standards ◽  
Environmental Accounting ◽  
Environmental Cost ◽  
Environmental Costs ◽  
Administrative Costs ◽  
Government Accounting ◽  
Living Things ◽  
The Republic ◽  
The Government ◽  
And Behavior

The concept of Green (environmental) Accounting (Kusumaningtias, 2013; Ratnaningsih et al., 2004; Suparmoko, 2005; Susilo, 2008) namely Environmental Accounting has actually begun to develop since the 1970s in Europe. However, until the mid 1990s, the concept of Environmental Accounting was not much spread. Based on the Constitution of The Republic of Indonesia Number 32 year 2009 concerning Protection and Management of the Environment, Environment is the unity of space with all objects, power, circumstances, and living things, including humans and behavior, which affect nature itself, sustainability and humans and other living things welfare. The focus of this study lies in the application of Environmental Accounting at Siti Aisyah Hospital in Lubuklinggau, based on Government Accounting Standards (SAP) Number 71 year 2010 on Waste Management (Government Accounting, 2011). The problem in this study is to find out whether the application of Environmental Accounting at Siti Aisyah Hospital is in accordance with the Government Standards. The results of this study have shown that Siti Aisyah Hospital in Lubuklinggau has implemented environmental cost accounting. These environmental costs are included in maintenance costs, but the hospital has not presented a specific report on Environmental Accounting in more detail. This hospital has carried out the process of identifying, measuring, recording, presenting, and also disclosing as already explained in Government Accounting Standards No. 71 year 2010, namely presenting environmental costs by including components of environmental costs on general and administrative costs. This hospital has also managed its waste properly and has also incurred environmental costs.

Wyzwanie dla tożsamości międzynarodowej Macedonii – grecko macedoński spór o nazwę państwa

2019 ◽  
Vol 17 (1) ◽  
pp. 333-350
Author(s):  
Artur Adamczyk ◽  
Mladen Karadzoski
Keyword(s):  
The European Union ◽  
Small Country ◽  
Main Obstacle ◽  
The Road ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
On The Road ◽  
International Identity ◽  
Of Greece

The main purpose of the article is to present how the Greek- -Macedonian naming dispute influenced the problem of implementation the international identity of Macedonia. Despite the initial problems of the government in Skopje related to determining their international identity, Macedonians managed to define the principles regarding the identification of a new state on the international stage. As a small country with limited attributes to shape its international position, Macedonia has basically been determined to seek guarantees for its existence and security in stable and predictable European international structures such as NATO and the European Union. The main obstacle for Macedonians on the road to Euro-Atlantic structures was the veto of Greece, a member of these organizations, resulting from Athens’ refusal to accept the name the Republic of Macedonia. The Prespa Agreement of 2018 gave a new impetus to the realization of the international identity of North Macedonia.

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