Optimization of Exclusive Economic Zone to Maintain and Protect Marine Natural Resources for the Welfare of the People of Indonesia

2017 ◽  
Vol 2 (3) ◽  
pp. 45-50
Author(s):  
Indien Winarwati
Keyword(s):  
Natural Resources ◽  
Jel Classification ◽  
Legal Issues ◽  
Exclusive Economic Zone ◽  
Exploration And Exploitation ◽  
World Community ◽  
Fishery Resources ◽  
The People ◽  
Paper Review ◽  
Economic Zone

Objective - The purpose of the present study is to determine Indonesia's efforts to maintain and protect the fishery resources. Methodology/Technique - The present study used the normative juridical research method by researching the literature available. Findings - As stipulated in UNCLOS, the coastal states have rights, jurisdiction and obligations in the exclusive economic zone. Those rights are the rights to exploration and exploitation, conservation and management of natural resources, both living and non-living, of its waters. Novelty - The present study employed the law approach by examining all laws and regulations relating to the legal issues studied. The study suggests that Indonesia can implement and provide legal certainty with regard to maintaining and protecting marine natural (fishery) resources to support the life of the world community, especially the people of Indonesia to achieve social welfare. Type of Paper: Review Keywords: Indonesian Sea; Exclusive Economic Zone; Indonesia; Protection; Marine Natural Resources. JEL Classification: K32, Q34

scholarly journals Juridical analysis of the regulation of fishery resources in the Indonesian exclusive economic zone

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Sri Asih Roza Nova ◽  
Saldi Isra ◽  
Ferdi Ferdi ◽  
Sukanda Husin
Keyword(s):  
Natural Resources ◽  
Poverty Line ◽  
Exclusive Economic Zone ◽  
Exploration And Exploitation ◽  
Fishery Resources ◽  
Legal Provisions ◽  
Legal Problems ◽  
Study Results ◽  
Economic Zone ◽  
The Law

As an archipelagic country, Indonesia has a wealth of living and non-biological natural resources, especially in its exclusive economic zone, specifically in this zone, there are an abundant wealth of fishery resources, but the economy and welfare level of traditional Indonesian fishers are still below the poverty line, in addition to the management of exploration and exploitation of fishery resources, Indonesia faces various problems, one of which is a problem with legal provisions. Therefore, researchers will analyze legal problems in managing fishery resources in this study's exclusive Indonesian economic zone. To answer the questions in this study, the authors used normative juridical research methods, and the results of the analysis were described using qualitative methods. After reviewing the literature, the study results indicate that legal problems in the fisheries sector are due to overlapping regulations and conflicting regulations. For this reason, in this study, the authors suggest the need to revitalize the law in the fisheries sector by harmonizing the law.

scholarly journals SOVEREIGN RIGHTS, JURISDICTIONAL OBLIGATIONS AND OTHER RIGHTS IN EXCLUSIVE ECONOMIC ZONE

2020 ◽  
Vol 2 (02) ◽  
pp. 11-19
Author(s):  
Risti Dwi Ramasari ◽  
Aprinisa Aprinisa ◽  
Okta Ainita
Keyword(s):  
Natural Resources ◽  
Energy Production ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Exploration And Exploitation ◽  
Legal Regime ◽  
Water Currents ◽  
Economic Exploitation ◽  
United Nations Convention ◽  
Economic Zone

The international community has succeeded in compiling a law of the sea to regulate all forms of use of the sea as well as the benefits of the natural resources contained therein as outlined in the form of an agreement between States as known as United Nations Convention on the Law of the Sea 1982. The sea is divided into several parts / zones, namely the territorial sea, internal waters, contiguous zones, archipelagic waters, the exclusive economic zone and the high seas. The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. In the exclusive economic zone, coastal countries have sovereign rights for exploration and exploitation purposes, conservation and management of natural resources, both living and non-living, from the waters above the seabed and from the seabed and the land below and with respect to other activities for the purposes of exploration and economic exploitation of the zone, such as energy production from water, currents and wind; jurisdiction as defined in the relevant provisions of this Convention with respect to the creation and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. Other rights and obligations as defined in this Convention Key words: Exclusive Economic Zone, Sovereign Rights, Jurisdictional Obligations

Obligations of ‘Due Regard’ in the Exclusive Economic Zone: Their Context, Purpose and State Practice

2019 ◽  
Vol 34 (1) ◽  
pp. 43-55 ◽  
Author(s):  
Rolf Einar Fife
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Peace ◽  
Dormant State ◽  
State Practice ◽  
Peace And Security ◽  
United Nations Convention ◽  
Economic Zone

Abstract The exclusive rights of the coastal state over the natural resources in the exclusive economic zone (EEZ) coexist with the high seas freedoms of communication of other states. This particular coexistence of state competences is a distinguishing feature of the 200-mile zones. Articles 56(2) and 58(3) United Nations Convention on the Law of the Sea (LOSC) require that coastal states have ‘due regard’ to the rights, freedoms and duties of other states in the zone, and vice versa. It is suggested that the two provisions are not ‘dormant’. State practice indicates the contrary, as well as future paths for clarification. The obligation to have ‘due regard’ constitutes a linchpin in the conceptual underpinnings of the EEZ, and requires an interpretation of the concrete provisions that are applicable, in keeping with the Convention’s nature as a strategic ‘package deal’ with a particular bearing on international peace and security.

scholarly journals The Gap Between Regulations and Their Implementation on the Fulfilment of ECOSOC Rights: Study on Village People in Mount Merapi Central Java, Indonesia

2017 ◽  
Vol 5 (3) ◽  
pp. 177-184
Author(s):  
Aloysius Wisnubroto ◽  
Johanes Widijantoro
Keyword(s):  
Government Policy ◽  
Disaster Risk Reduction ◽  
Disaster Risk ◽  
Jel Classification ◽  
The Other ◽  
Central Java ◽  
The People ◽  
Village People ◽  
Paper Review ◽  
The Government

Objective - This research was aimed at firstly, uncovering how people in Mount Merapi meet their daily needs without government aids and secondly, finding the solutions to narrow the gap between regulations and the implementation of the people's ECOSOC rights. Methodology/Technique - The research conducted in 2012 showed that based on local wisdom values, hundreds of households rejected the government's policy related to the relocation. The policy was issued by the government for disaster risk reduction. Their villages were categorized as disaster-prone areas and banned to be inhabited. Because of their refusal, as a consequence, they did not receive any government aids. Findings - On one hand, the government is constitutionally required to protect and fulfil its citizens' ECOSOC rights; but, on the other hand, the government may not provide aid due to the existence of regulation prohibiting people living in disaster-prone areas. As a result, people rely on social capital and local wisdom to fulfil their daily needs, and to narrow the gap, the government should implement the concept of living in harmony with disaster. Based on the discussion in the previous sections, it can be concluded as follows: First, regulation and its implementation, which were based on positivism doctrine, had led the government to not fulfilling the ECOSOC rights of the people who rejected to be relocated. Novelty - The research suggests strategies for improving ECOSOC rights Type of Paper: Review Keywords: Disaster; Government Policy; ECOSOC Rights; Mount Merapi. JEL Classification: Q51, Q54, Q58.

scholarly journals The Exploitation of Fish Resources in Indonesia’s Exclusive Economic Zone to Make Indonesia Become the World’s Maritime Axis

2019 ◽  
Vol 3 (2) ◽  
pp. 120
Author(s):  
Indra Yuliani
Keyword(s):  
Exclusive Economic Zone ◽  
Natural Sources ◽  
Fish Resources ◽  
Fishery Resources ◽  
Philosophical Aspect ◽  
Fish Exploitation ◽  
Economic Zone ◽  
Basic Philosophy

<p>This article aimed to investigate the philosophical aspect of fish exploitation in Exclusive Economic Zone (i..e, ZEE) to make Indonesia become the World’s Maritime Axis. The result found that the basic philosophy of fish exploitation in Indonesia’s ZEE was to fulfill people needs on food, especially fish resources. It is one of natural sources in Indonesia marine territory. Therefore, the jurisdiction needed to be well protected, preserved, and managed. In terms of making Indonesia become the world’s maritime axis, the fishery resources should be well and sustainably exploited for the sake of as much as people welfare and prosperity.</p>

scholarly journals TELAAH KONSEPSI NEGARA HUKUM DAN DEMOKRASI DALAM PEMBENTUKAN BLUE CONSTITUTION DI INDONESIA

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 52
Author(s):  
Fathan Ali Mubiina
Keyword(s):  
Natural Resources ◽  
The State ◽  
Exclusive Economic Zone ◽  
Coastal State ◽  
What Is Said ◽  
Economic Zone ◽  
The Right ◽  
Sea Area ◽  
Maritime Territory

The supporting idea of this topics relates to the term of exclusive economic zone which is defined as a territorial sea outside, coastal states that have sovereignty over all natural resources in them and have the right to the application of Coastal state jurisdiction. This zone is located at 200 miles from the base of the territorial sea. Indonesia requires the Blue Constitution or maritime constitution as a constitutional basis for the use of maritime territory in Indonesia. This is what is said to be horizontally integrated territory. There is also the condition of a country's territorial territory separated from other countries' territorial territories. The essence of the state is to control a territory and be recognized internationally. There is existing country if it occupies an area which is its right to the interests of social and geographical unity. The sea area of a country such as Indonesia contained in the provisions of the 1945 Constitution is referred as the blue constitution inside.

scholarly journals NATIONAL AND INTERNATIONAL DIMENSION IN INDONESIA’S EXCLUSIVE ECONOMIC ZONE

2018 ◽  
Vol 29 (3) ◽  
pp. 574
Author(s):  
Ida Kurnia ◽  
Imelda Martinelli
Keyword(s):  
International Community ◽  
Exclusive Economic Zone ◽  
Marine Fisheries ◽  
International Dimension ◽  
Fisheries Resources ◽  
The People ◽  
International Regulations ◽  
Economic Zone

With both national and international dimensions influencing the utilization of marine fisheries resources in Indonesia’s Exclusive Economic Zone, a comprehensive regulation is needed. Hence the importance of making sure that National Regulations are in accordance with International Regulations, while still maintaining the best of interests for the people and accommodating for the people’s welfare. In reality, international community depends heavily on natural marine fisheries resources for their people’s nutrients need.

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