scholarly journals ANALISIS HUKUM TERHADAP PENGATURAN PENGELOLAAN PERIKANAN BERBASIS MASYARAKAT DI INDONESIA

2015 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Ahmad Marthin Hadiwinata

AbstrakArtikel ini bertujuan untuk menganalisis ketentuan hukum nasional dalam pengelolaan perikanan berbasis masyarakat (PPBM). Penulis menggunakan kerangka analisis Kuemlangan dan Teigene dalam artikelnya yang berjudul: “An Overview Of Legal Issues And Broad Legislative Considerations For Community Based Fisheries Management.” Tidak ada cetak biru dalam menciptakan kerangka hukum bagi PPBM namun hukum akan menentukan pengaturan mengenai PPBM. Perlu untuk melakukan penilaian terhadap penerimaan konstitusi atas PPBM dengan contoh hak kepemilikan bersama serta bagaimana desentralisasi kewenangan pengelolaan diatur. Penulis menemukan kemungkinan adanya konflik berdasarkan UU Perikanan, UU PWP3K dan UU Pemda dalam pengelolaan sumber daya perairan dan laut. Desa sebagai peluang penciptaan PPBM dapat menerapkan empat prinsip yaitu jaminan, ekslusivitas, keberlangsungan serta fleksibilitas. Tetapi terdapat hambatan dengan tidak terintegrasinya PPBM dalam kerangka hukum perikanan yang lebih luas. Penulis menyarankan adanya perubahan kebijakan menyeluruh dalam hukum perikanan yang mengakui pengelolaan oleh masyarakat dalam perikanan. AbstractThis article aims to analyze the provisions of national law in a community-based fisheries management (CBFM). The author uses analytical framework Kuemlangan and Teigenen in an article entitled: “An Overview Of Legal Issues And Broad Legislative Considerations For Community Based Fisheries Management.” There is no blueprint in creating a legal framework but the law will define the arrangements regarding CBFM. There is a need to conduct an assessment of the constitutionality of CBFM, for example related to the common property rights and decentralization of management authority. The author discovered a possible conflict based on Fisheries Act, Coastal and Small Island Act and Local Government Act in the management of marine resources. Villages as opportunities for establishing CBFM can apply four principles such as: security, exclusivity, permanence and flexibility. However, there are constraints in the integration of CBFM in the wider legal framework of fisheries. The author suggests a comprehensive legal reform in the fishery law to recognize community management with regard to fisheries.

<em>Abstract.</em>—The 1996 Sustainable Fisheries Act states that all federal fisheries management plans should contain a description of essential fish habitat (EFH). While much emphasis has been placed on estimating EFH for marine stocks, very little attention has been paid to doing so for Pacific salmon <em>Oncorhynchus </em>spp., in part due to their complex life histories. An earlier assessment of EFH for Pacific salmon across the west coast of the United States focused on the freshwater component of EFH due to limited knowledge about marine distributions. That analysis concluded that a more in-depth and smaller-scale examination was needed to assess how freshwater habitat affects the various life stages. Here we use a detailed life history model for Pacific salmon to estimate the freshwater component of EFH for two threatened populations of Chinook salmon within a large watershed draining into Puget Sound, Washington, USA. By accounting for proposed harvest rates, hatchery practices, and habitat structure, we identified 23 of 50 subbasins as EFH for ensuring no significant decrease in the total number of spawners relative to current average escapement. Our analytical framework could be easily applied to other populations or species of salmon to aid in developing recovery and management plans.


Author(s):  
Ezzatollah Keyhani

Acetylcholinesterase (EC 3.1.1.7) (ACHE) has been localized at cholinergic junctions both in the central nervous system and at the periphery and it functions in neurotransmission. ACHE was also found in other tissues without involvement in neurotransmission, but exhibiting the common property of transporting water and ions. This communication describes intracellular ACHE in mammalian bone marrow and its secretion into the extracellular medium.


2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.


2017 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
Jennifer M. Bernstein

Vickers Hot Springs is located near the rural Southern California town of Ojai, and local residents have long enjoyed soaking in the sulfuric pools. But as knowledge of the springs spread, the area saw increases in fights, traffic, burglaries, and drug use. In response, two residents purchased the land and committed to restore the property while allowing limited public access, subsequently generating a great deal of controversy within the community. Privatizing Vickers Hot Springs follows the archetypical lesson of Garrett Hardin's 1968 essay, “The Tragedy of the Commons.” Hardin stated that the problem for common-pool resources was that a finite amount of services are demanded by a potentially infinite number of users, who have little to gain by sacrificing for the common good. But Hardin's theory does not always apply. Many communities have come together to manage resources, often without government oversight. Thus, the question is not whether or not Hardin's theory is accurate, but rather “under what conditions it is correct and when it makes the wrong predictions.” Case studies provide nuance to the broad brushstrokes of a theory, and whether Hardin's parable is applicable depends on the particularities of the common property resource conflict. Employing the frameworks established by Hardin, Dietz et al., and Ostrom, this paper examines the management of Vickers Hot Springs within its broader social, ecological, and political context, asking whether the particular circumstances of this resource use conflict made privatization the most predictable outcome.


Author(s):  
Suzanne E. Eckes ◽  
Maria M. Lewis

Controversies over school policies that impact transgender students have garnered increased attention in recent years. For example, some transgender students have been prohibited from using the restroom that aligns with their gender identity, and others have not been addressed by their preferred names. Thus, in this chapter, we focus on cutting-edge issues that relate specifically to transgender students. In doing so we explore the legal landscape related to transgender student inclusion. We will begin with an overview of relevant research, followed by a presentation of the legal framework and finishing with a discussion of important legal issues, including topics such as access to facilities, privacy, pronouns and student records, athletics, and dress codes. As this chapter will demonstrate, unprecedented efforts in research have revealed alarming inequities experienced by transgender individuals. Concurrently, with some limitations or exceptions, there is a growing body of legal authority that has been successfully relied upon to protect the rights of transgender students. To be certain, the law impacting transgender individuals is multifaceted and evolving. Of notable significance, transgender students who have initiated legal claims against school districts for their discriminatory practices have all ended in favorable outcomes for the students.


2010 ◽  
Vol 17 (2) ◽  
pp. 273-285
Author(s):  
Tayyab Kamran ◽  
Quanita Kiran

Abstract In [Int. J. Math. Math. Sci. 2005: 3045–3055] by Liu et al. the common property (E.A) for two pairs of hybrid maps is defined. Recently, O'Regan and Shahzad [Acta Math. Sin. (Engl. Ser.) 23: 1601–1610, 2007] have introduced a very general contractive condition and obtained some fixed point results for hybrid maps. We introduce a new property for pairs of hybrid maps that contains the property (E.A) and obtain some coincidence and fixed point theorems that extend/generalize some results from the above-mentioned papers.


2012 ◽  
Vol 8 (S290) ◽  
pp. 327-328
Author(s):  
D. H. Wang ◽  
L. Chen

AbstractWith kilohertz quasi-periodic oscillation (kHz QPO) sources in neutron star low mass X-ray binaries (NS-LMXBs) published up to now, we analyze the centroid frequency (ν) distribution of twin kHz QPOs. We find that Atoll and Z sources show the similar distributions of ν1 and ν2, which indicate that twin kHz QPOs may be the common property of NS-LXMBs and have the similar physical origins. The mean values of ν1 and ν2 in Atoll sources are higher than those in Z sources, and we consider that this may because the QPO signals are sheltered by the thicken accretion disk or corona in Z sources. The maximums of ν2 in both Atoll and Z sources are the same order as the Keplerian orbital frequency of the NS surface, so kHz QPOs could occur near the NS surface.


2012 ◽  
Vol 56 (1) ◽  
pp. 16-26 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Fabrizio Ferretti

Abstract The property rights and the type of ownership (private owners, public domain and commons) are two fundamental concepts in relationship to the local development and to the social and environmental sustainability. Common forests were established in Europe since the Middle Ages, but over the centuries the importance of commons changed in parallel with economic and social changes. In recent decades, the scientific debate focused on the forest management efficiency and sustainability of this type of ownership in comparison to the public and private property. In Italy common forests have a long tradition with substantial differences in the result of historical evolution in various regions. In Sardinia region the private forests are 377.297 ha, the public forests are 201.324 ha, while around 120.000 ha are commons. The respect of the common rights changed in the different historical periods. Today, the common lands are managed directly by municipalities or indirectly through third parties, in both cases the involvement of members of community is very low. The main objective of the paper is to analyse forest management differences in public institutions with and without common property rights. To achieve the objective of the research the forest management preferences of community members and managers were evaluated and compared. The analysis was realized through the use of the principal-agent model and it has been tested in a case study in Sardinia region (Arci-Grighine district). The analysis of the results showed that the categories of actors considered (members of community, municipalities and managers) have a marked productive profile, but municipalities manage forests perceiving a moderate multifunctionality. Moreover, the representatives of the municipalities pay more attention to the interests of the collectivity in comparison to the external managers. They also attribute high importance to environmental and social forest functions.


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