scholarly journals Sustainability Management and Planning of Coastal Areas and Small Islands to Ensure Environmental Justice for Fishermen Communities

2020 ◽  
Vol 9 (1) ◽  
pp. 117-121
Keyword(s):  
Environmental Justice ◽  
Coastal Waters ◽  
Legal Protection ◽  
Development Planning ◽  
Coastal Areas ◽  
Outer Side ◽  
Constitutional Court ◽  
Small Islands ◽  
Sustainability Management ◽  
The Government

As the largest archipelagic state in the world, most provinces in Indonesia have coastal areas with different physical characteristics. In addition, Indonesia has small islands located on the outer side of the country. So far, there are unclear regulations and management to protect the ecological environment in these areas, as well as legal protection for residents. This study seeks to analyze the sustainability management in coastal waters and development planning of small islands to ensure environmental justice for fishermen communities with special reference to Law No. 1 of 2014 regarding the Management of Coastal Areas and Small Islands. This study also wants to analyze the obstacles in the implementation of Law No. 1 of 2014 regarding Management of Coastal Areas and Small Islands. The results showed that the coastal waters management scheme according to the law is carried out through the mechanism of location permits and management permits and requires that the permits granted must not violate the decision of the Constitutional Court. In addition, in this law, the government grants the community the right to propose the preparation of Strategic Zoning Plan for the Management of Coastal Areas and Small Islands.

scholarly journals Pemanfaatan Pulau-Pulau Kecil oleh Penanaman Modal Asing Pasca Putusan Mahkamah Konstitusi No. 3/PUU-VIII/2010

2018 ◽  
Vol 15 (2) ◽  
pp. 433
Author(s):  
Muhammad Darwis
Keyword(s):  
Coastal Water ◽  
Research Method ◽  
Coastal Areas ◽  
Constitutional Court ◽  
Small Islands ◽  
Legal Research ◽  
Work Activities ◽  
Roles And Responsibilities ◽  
Planning Implementation ◽  
The Government

Putusan Mahkamah Konstitusi No. 3/PUU-VIII/2010 menganulir konsep Hak Pengusahaan Perairan Pesisir (HP–3) yang ditetapkan dalam Undang-Undang No. 27 tahun 2007. Putusan ini memunculkan konsep baru yaitu izin pemanfaatan pulau-pulau kecil. Terdapat dua konsep yang berbeda antara hak dan izin, sehingga perlu dijelaskan perbedaan konsep dan implementasi keduanya dalam pemanfaatan pulau-pulau kecil. Penelitian ini menggunakan metode penelitian hukum normatif yang menekankan kajian perundang-undangan dan putusan hakim yang mengatur pemanfaatan pulau-pulau kecil. Penelitian ini menjelaskan bahwa izin pemanfaatan lebih tepat digunakan daripada hak pengelolaan karena menekankan agar pemerintah lebih memiliki peran dan tanggung jawab dalam pengelolaan wilayah pesisir dan pulau-pulau kecil, dengan konsep perizinan memberikan ruang yang luas kepada pemerintah untuk melaksanakan aktivitas kerja yang solid baik mulai perencanaan, pelaksanaan, dan pengawasan.Decision of the Constitutional Court No. 3/PUU-VIII/2010 annulled the concept of Coastal Water Concessions (HP-3) are defined in the Law No. 27 year 2007, this decision gave rise to a new concept that permits the use of small islands. There are two different concepts of “rights” and “permissions”, so it is necessary to explain the differences both in concept and implementation in those small islands utilization. This study uses normative legal research method that emphasizes the review of legislation and judgment decisions governing the utilization of small islands. This research explains that utilization permits are more appropriately used than management rights because it emphasizes that the government has more roles and responsibilities in the management of coastal areas and small islands, with the concept of licensing provides widespread space to the government to carry out solid work activities from starting planning, implementation, until supervision.

scholarly journals Strengthening Indigenous Law to Make a Sustainable Development of the Coastal Area and Small Islands in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 04003
Author(s):  
Nurul Huda ◽  
A.H. Asy’ari T. ◽  
Yusuf Saefudin ◽  
Muhammad Bahrus Syakirin
Keyword(s):  
Judicial Review ◽  
Coastal Waters ◽  
Coastal Areas ◽  
The State ◽  
Constitutional Court ◽  
Small Islands ◽  
Legal Analysis ◽  
Indigenous Law ◽  
State Constitution ◽  
The Right

Law no. 27 of 2007 on Management of Coastal Areas and Small Islands has the basis of consideration dimension of economic prosperity. The Act obtained Judicial Review to the Constitutional Court due to the rights of Coastal Waters Concession (HP-3). This article examines how the existence of indigenous and tribal peoples who have the right to be protected by the state constitution and how the legal analysis of the Judicial Review of the Act is reviewed. This research was conducted by a normative juridical method. The results show that indigenous and tribal peoples have not fully existed in the regulation and legal politics of Indonesia, particularly in the management of coastal areas and small islands. Judicial Review conducted to the Constitutional Court through Decision No. 3/ PUU-VIII / 2010 states that in certain articles in Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands is contrary to the state constitution and has no binding power, which relates to Coastal Waters Rights which tend to be more liberal/capitalist because it can only be utilized by the owner of capital.

scholarly journals Legal Protection for The Indigenous Law Communities and Their Traditional Rights Based on the Verdict of the Constitutional Court

2019 ◽  
Vol 06 (01) ◽  
pp. 90-108
Author(s):  
Putera Astomo ◽  
Asrullah Asrullah
Keyword(s):  
Legal Protection ◽  
Indigenous Rights ◽  
Coastal Areas ◽  
Coastal Communities ◽  
Constitutional Court ◽  
Small Islands ◽  
Economic Activities ◽  
Poverty Level ◽  
Indigenous Law ◽  
The Law

This study covers the problems related to the regulation of Adat (Indigenous) law communities. First, the Law Number 41 of 1999 on Forestry categorizes indigenous forests as State Forest. Therefore, the state has the authority to stipulate indigenous forests as long as the relevant Indigenous Law Communities are still existed and recognized. Second, the Law Number 27 of 2007 on Management of Coastal Areas and Small Islands provides opportunities for owners of large capital through Coastal Water Concession Rights (HP-3), but the substance does not provide space for coastal communities especially fishermen carrying out economic activities in coastal areas. Due to limited capital and technology, coastal communities are not able to compete with large capital owners hence the poverty level of fishermen keeps increasing. Finally, the Law Number 41 of 1999 on Forestry and the Law Number 27 of 2007 on Management of Small Coastal Areas and Islands tested materially to the Constitutional Court. The research method used in this study is normative legal research. The results of the research are forms of legal protection against the existence of indigenous law communities and their traditional rights, which include protection of their indigenous rights over the status and management of indigenous forests and their protection over the management of coastal areas and small islands.

scholarly journals Collaborative approach for coastal and marine spatial planning in Bangka Belitung Island Province

2021 ◽  
Vol 926 (1) ◽  
pp. 012006
Author(s):  
B Murtasidin ◽  
S Sujadmi
Keyword(s):  
Local Governments ◽  
Spatial Planning ◽  
Planning Process ◽  
Water Area ◽  
Coastal Areas ◽  
Marine Spatial Planning ◽  
Small Islands ◽  
Collaborative Approach ◽  
Stakeholder Collaboration ◽  
The Government

Abstract Amendments to Law no. 27 of 2007 became Law no. 1 of 2014 concerning the Management of Coastal Areas and Small Islands has an impact on the coastal and marine spatial planning process in every region, including Bangka Belitung. This planning process requires stakeholder collaboration to carry out broader cross-sectoral coordination. Apart from being composed of more than 80% of the water area, the struggle for access and conflicts over the use of marine space also take place in a vertical and horizontal level. The dilemma of authority between levels of government and law enforcement authorities, as well as between local governments, communities, and state corporations, is a form of hierarchical conflict. Conflicts between governments at the street bureaucracy (Village) level and their citizens, or friction between pro and contra groups against marine mining are examples of horizontal conflicts. The complexity of this problem has demanded the government to be presented in a more powerful and most decisive position in the management of the coastal and marine areas of Bangka Belitung so that it does not drag on. Therefore, the government needs to formulate comprehensive resource optimization options in the coastal and marine zones. This study aims to map how a collaborative approach in coastal and marine spatial planning through Regional Regulation (Perda) Number 3 of 2020 concerning the Zoning Plan for Coastal Areas and Small Islands of the Bangka Belitung Islands Province. At least 3 dominant actors are involved and collaborate, namely the government, fishermen, and investors.

scholarly journals Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court

2021 ◽  
Vol 2 (1) ◽  
pp. 27-38
Author(s):  
Robinsius Asido Putra Nainggolan
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Vice President ◽  
Criminal Code ◽  
Policy Formulation ◽  
Research Data ◽  
Constitutional Court ◽  
Court Judge ◽  
Library Research ◽  
The Government

The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.

scholarly journals Natural Resource Management Problems Of Coastal Areas And Small Islands In The Aru Island

2016 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Jantje Tjiptabudy ◽  
Revency Vania Rugebregt ◽  
S. S. Alfons ◽  
Adonia I. Laturette ◽  
Vica J. E. Saiya
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Indigenous People ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Coastal Areas ◽  
Natural Resources Management ◽  
Small Islands ◽  
Resources Management ◽  
The Government

On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licenses  natural resources management provided by the government to investors who want control over land in this  region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.

scholarly journals Natural Resource Management Problems Of Coastal Areas And Small Islands In The Aru Island

2016 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Jantje Tjiptabudy ◽  
Revency Vania Rugebregt ◽  
S. S. Alfons ◽  
Adonia I. Laturette ◽  
Vica J. E. Saiya
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Indigenous People ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Coastal Areas ◽  
Natural Resources Management ◽  
Small Islands ◽  
Resources Management ◽  
The Government

On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licenses  natural resources management provided by the government to investors who want control over land in this  region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.

scholarly journals Penguasaan Tanah Pantai dan Wilayah Pesisir di Indonesia

2015 ◽  
pp. 27-44
Author(s):  
Muhammad Ilham Arisaputra
Keyword(s):  
Sea Level ◽  
Coastal Waters ◽  
Coastal Area ◽  
Spatial Planning ◽  
Coastal Areas ◽  
Marine Resources ◽  
Small Islands ◽  
Sea Floor ◽  
The Right ◽  
Coastal Land

The beach is the junction between the highest tide and the mainland, while the coastal area is the transition between terrestrial and marine ecosystems that is affected by changes in land and sea. The utilization of coastal areas and small islands in Indonesia is regulated in Act Number 27 of 2007 on the Management of Coastal Areas and Small Islands that is last amended into Act Number 1 of 2014, and is also based on Basic Act on Agrarian. Utilization of coastal waters is given in the form of rights to enterprise the coastal waters, namely the rights on certain parts of the coastal waters to enterprise marine resources and fisheries, as other business related to the utilization of coastal resources and the small islands covering sea level and water column over surface of the sea floor at a certain breadth limit. The coastal land in the coastal areas can essentially be owned by or be the right of a person or legal entity. Owning and authorizing the coastal land and utilizing the coastal areas should certainly pay attention to and be compatible with the spatial planning of regencies or cities.

scholarly journals International legal protection of seals

Fisheries ◽  
2021 ◽  
Vol 2021 (6) ◽  
pp. 58-62
Author(s):  
Kamil Bekyashev
Keyword(s):  
North Atlantic ◽  
Coastal Waters ◽  
Marine Mammals ◽  
Legal Protection ◽  
The North ◽  
Antarctic Seals ◽  
The Russian Federation ◽  
The North Atlantic ◽  
The Government ◽  
The City

The article gives a brief description of the various species of seals. In the city of Arkhangelsk there is a monument to a seal. Two species of seals live in the coastal waters of Russia: the Steinger seal and the European seal. They are listed in the Red Book. The article analyzes the conventions and agreements on the protection of seals: Convention for the Conservation of Antarctic Seals 1972, the Agreement on the cooperation in research, conservation and management of marine mammals in the North Atlantic 1992, the Agreement between the Government of the USSR and the Government of Norway on Measures to regulate fishing, sealing and protection of seal stocks in the Northeast Atlantic 1957. The decisions of the 51st session of the Joint Norwegian–Russian Fisheries Commission are analyzed. The article ends with an outline of the contribution of the Russian Federation to the rational seal fishery.

scholarly journals The Common Access as Pro People Management of Natural Resources (An Analysis of Decision Number 3/PUU-VIII/2010 about Judicial Review of Law 27/2007)

2016 ◽  
Vol 2 (1) ◽  
pp. 129
Author(s):  
Faiq Tobroni ◽  
Izzatin Kamala
Keyword(s):  
Natural Resources ◽  
Judicial Review ◽  
Coastal Waters ◽  
Common Property ◽  
Court Decision ◽  
Constitutional Court ◽  
Small Islands ◽  
Resources Management ◽  
Key Issues ◽  
The Common

This paper aims to explore the new concept as an alternative management of natural resources (specifically Coastal Areas and Small Islands/CA-SI). In Decision Number 3/PUU-VIII/2010 (the Court Decision), the Constitutional Court uses the new concept as considerations to cancel the Concession Rights on Coastal Waters (CR-CW) as the mechanism of management of CA-SI in Law Number 27 Year 2007 about Management of Coastal Area and Small Islands (Law 27/2007). Some important questions in this paper are why did the Constitutional Court annul CR-CW in Law 27/2007? Whether the new concept offered in the Court Decision and consistent with 1945 Constitution? And how is the new concept offered consistent with people empowerment?The revoke of CR-CW in Law 27/2007 is caused that the concept of concession is contrary to the norms of natural resources management in the 1945 Constitution and the spirit of people empowerment. The new concept offered in the Decision is the common access. In this concept of access, CA-SI is   regarded as the common property with the rules from members of the community itself. The provisions to access CA-SI  as  the common  property are also determined by agreements of the community itself. Management of CA-SI on the common access is in accordance with people empowerment. The consistency is shown by the relevancy of concept of common access to include three key issues of people empowerment (access, assets and collective  capabilities).

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