scholarly journals PENERAPAN SANKSI PENENGGELAMAN KAPAL ASING PELAKU ILLEGAL FISHING OLEH PEMERINTAH INDONESIA (PERSPEKTIF HUKUM INTERNASIONAL)

2019 ◽  
Vol 3 (1) ◽  
pp. 27-43
Author(s):  
Siti Munawaroh
Keyword(s):  
Rule Of Law ◽  
National Development ◽  
Legal Issues ◽  
Economic Potential ◽  
Normative Study ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Illegal Fishing ◽  
Archipelago Sea ◽  
Marine Products

Indonesia is an archipelagic country which most of its territory consists of vast territorial waters (sea) and is geographically the largest archipelagic country in the world. The Indonesian Sea has an area of 5.8 million km2 consisting of; territorial sea with an area of 0.8 million km2, archipelago sea 2.3 million km2, and EEZ 2.7 million km2, and has 17,480 islands with a coastline of 95,181 km2, and has a very large and diverse fisheries potential. This research uses the normative study method of finding the rule of law, principles of law, and legal doctrine to answer legal issues in applying the sanctions of foreign vessels that do illegal fishing. The potential of fisheries is an economic potential that can be utilized for the future of the nation as a basis for national development. However, there are still irresponsible parties who take Indonesia's marine products illegally or commonly referred to as illegal fishing. Illegal fishing is a criminal act that can be subject to sanctions.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals Eksistensi Lembaga Mediasi Sebagai Sarana Penyelesaian Sengketa Medis

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 278
Author(s):  
Evalina Alissa ◽  
Sasmiar Sasmiar
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Legal Issues ◽  
Legal Basis ◽  
Medical Work ◽  
Legal Doctrine ◽  
Legal Power ◽  
Medical Disputes ◽  
Legal Principle ◽  
Medical Disciplines

This article discusses the existence of mediation institutions as a means of resolution in disputes, which discusses the legal basis and position of the mediation institution, the criteria or medical disputes and also the legal power of the mediating institution in the resolution of medical disputes. The research method used by the author is a doctrinal research method which is intended to find a legal principle, rule of law and legal doctrine in order to get answers to legal issues in the discussion in this article. Medical disputes arise due to different interpretations between health services and the patient/ patient's family in providing services to health. However, in the medical practice law, it is stated that the settlement of medical disputes can be done through litigation and submitting complaints to the Honorary Council of Indonesian Medical Disciplines and since the health law and the hospital law, mediation institutions have begun to be recognized as an institution that conducts medical work. the settlement process outside the judiciary and has the legal power of the mediation institution.

scholarly journals PROSPEK PENEGAKAN HUKUM UNDANG-UNDANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (UU PKDRT)

Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Sabungan Sibarani
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Research Process ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Public ◽  
Pain And Suffering ◽  
The Government

AbstrakKekerasan Dalam Rumah Tangga (KDRT) dalam ketentuan perundang-undangan di Indonesia tergolong sebuah kejahatan dengan ancaman hukum pidana karena mengakibatkan kesakitan dan penderitaan fisik maupun mental terhadap korbannya. Tujuan penelitian ini adalah untuk mengetahui prospek penegakan hukum Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga. Metode penelitian hukum yang digunakan pada penelitian ini penelitian hukum normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Hasil penelitian menunjukkan bahwa menghapus tindak kekerasan dalam rumah tangga dapat dimulai dengan menghilangkan sebab-sebab dan unsur-unsur pemicunya. Dalam kaitan ini, sekurang-kurang terdapat banyak cara dan usaha yang patut dilakukan agar kekerasan dalam rumah tangga terelakkan atau setidak-tidaknya dapat dikurangi intensitasnya. Prospek penegakan hukum UU PKDRT akan sulit ditegakkan karena banyak kendala dalam pelaksanaannya.Hendaknya Pemerintah mensosialisasikan UUPKDRT kepada publik atau masyarakat secara jelas dan transparan guna menghindari bias atau ketidakjelasan akan isi dan kandungan dari UUPKDRT.Kata Kunci: Penegakan Hukum, KDRT.AbstractViolence in the home (domestic violence) in the provisions of law in Indonesia is a crime with the threat of criminal law, because it caused pain and suffering to the victim physically and mentally. The purpose of this study was to determine the prospects for law enforcement Law on the Elimination of Domestic Violence. Legal research methods were used in this study is a normative legal research process to find the rule of law, principles of law, and the legal doctrines in order to address the legal issues at hand. The results showed that removing the acts of domestic violence can begin by eliminating the causes and elements of the trigger. In this regard, at less there are many ways and efforts that should be done so that domestic violence inevitable or at least be reduced in intensity. Prospects the act, Law enforcement will be difficult to enforce because a lot of problems in implementation. The government should disseminate the act to the public or public is clear and transparent manner in order to avoid bias or lack of clarity of the contents and the contents of the act.Keywords: Law Enforcement, domestic violence.

scholarly journals Critical Study Relevance of Act No. 10 of 2016 with Government Regulation No. 151 of 2000

2018 ◽  
Vol 1 (4) ◽  
pp. 881
Author(s):  
Iva Amiroch
Keyword(s):  
Rule Of Law ◽  
Government Regulation ◽  
Critical Study ◽  
Constitutional Court ◽  
Legal Regulations ◽  
Normative Study ◽  
The Rule Of Law ◽  
Critical Studies ◽  
The Government ◽  
The Relationship

Regional Head Elections regulated in Act No. 10 Of 2016 and Government Regulation No. 151 of 2000. So it will be described how the normative study the relationship between the Act No. 10 of 2016 by Government Regulation No. 151 of 2000 and how the relevance of critical studies law OF No. 10 of 2016 with a norm of life in society. Normatively Act 10 of 2016 is higher position with Government Regulation No. 151 of 2000, which is in line with the principle of Lex Superiori Derogat Lex inferiori, namely the rule of law higher can cancel the legal regulations below or lower, in other words lower regulation becomes invalid if it is contrary to a higher rule thereon, it is necessary synchronization between legislation No. 10 of 2016, with the Government Regulation. The problematics arise when there is a Constitutional Court decision No. 42 / PUU-XIII / 2015 annul Article 7, paragraph 2 (g) of the Act No. 10 of 2016, however, the cancellation should also be seen from the law of life in society (Living Law ).Keywords: Regional Head Election; Norms; Law.

scholarly journals Anti-Corruption Policy Strategies for Nigeria towards National Development: Evidence from Least Corrupt Countries

2019 ◽  
Vol 4 (2) ◽  
pp. 1-8
Author(s):  
Adeniran Adetayo Olaniyi
Keyword(s):  
Rule Of Law ◽  
Role Models ◽  
Good Governance ◽  
National Development ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Guiding Principle ◽  
The World ◽  
Policy Strategies ◽  
Set Up

Anti-corruption policy strategies in Finland and Singapore were examined, and lessons were drawn for Nigeria. Finland and Singapore were chosen because they are among the least fifth corrupt countries in the world from 2010 to 2017, and they have different norms. Another reason is that the norm in Finland is fairly similar to the norms of Sweden, Denmark, Norway, New Zealand, and Australia which are also among the least corrupt countries in the world, while the norm of Singapore is fairly similar to Hong Kong and Japan which are also among the least corrupt countries in the world. It was revealed that the case of Nigerian society is similar to that of Singaporean society. In Finland, it was observed that anti-corruption measures and institutions are weak as it does not have a separate unit dedicated to investigate or prosecute corruption-related offences, but there is a guiding principle such that anti-corruption measures are integrated into general good governance policy grounded on the rule of law. Also in Singapore, anti-corruption was achieved through anti-corruption policy that has been in existence since the year 1959, although there was a situation of deplorable condition and widespread corrupt practices, but the new government in the late 1950s set up a strategy which resulted that top political leaders set themselves as role models for civil servants and showing zero tolerance for corrupt behaviour. Finally, recommendations were suggested.

scholarly journals Illegal Capture of Fish by Foreign State Ships from the Perspective of International Law

2021 ◽  
Author(s):  
Ferdinand Pusriansyah
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Task Force ◽  
National Development ◽  
Illegal Fishing ◽  
Foreign State ◽  
Marine Products ◽  
The Government ◽  
Fisheries Law ◽  
Positive Step

The Indonesian Sea has an area of 5.8 million km2, with 17,480 islands offering a coastline of 95,181 km2, with has a large and diverse fishery potential. The economic potential of fisheries offers a substantial and significant sustainable base for national development. However, there are a number of irresponsible parties who take Indonesian marine products illegally. The implementation of Act No. 45 of 2009 concerning Fisheries is a positive step and is a basis or rule in deciding legal issues related to illegal fishing. The Fisheries Law adopts several provisions of international law on maritime affairs, one of which is the 1982 United Convention on the Law of the Sea (UNCLOS) and Indonesia has ratified the UNCLOS through Act No. 17 of 1985. The government through the Ministry of Marine Affairs and Fisheries (KKP) issued several policies to prevent illegal fishing practices, including Improving Facilities and Infrastructure, Supervision of Law Enforcement in the Fisheries Sector, Establishing a Task Force to Eradicate Illegal Fishing. Keywords: Foreign Ships, Illegal Fishing, International Law

scholarly journals Pengaturan Alat Peraga Kampanye Dalam Pelaksanaan Pemilihan Kepala Daerah

2020 ◽  
Vol 6 (2) ◽  
pp. 113
Author(s):  
Choirul Anam
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Completion Time ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
Legal Principles ◽  
The People ◽  
Election Commission ◽  
Control Campaign

This study aims to explain the mechanism for electing governors and deputy governors, regents and deputy regents as well as mayors and deputy mayors who are directly elected by the people, through what we are familiar with direct regional head elections and to find out the authority of the general election commission (KPU ) in conducting the procure- ment, distribution and installation of campaign props (APK.) The method used in this research is legal research which is to find the rule of law, legal principles, and legal doc- trines in order to answer the legal issues encountered. In this study shows that given the authority of political parties or candidate pairs to hold campaign props a number of prob- lems arise, including the difficulty for the KPU to control or control campaign props held by political parties or candidate pairs starting from the number, completion time, until the design

Understanding Xi Jinping's “Rule of Law” Campaign

2015 ◽  
Vol 07 (02) ◽  
pp. 5-19 ◽  
Author(s):  
Yongnian ZHENG ◽  
Wei SHAN
Keyword(s):  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Legal Issues ◽  
Judicial System ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Reform Plan ◽  
Local Officials ◽  
Law Making

The Chinese Communist Party passed a reform plan to build the “rule of law”, vowing to lessen local officials' authority over the legal system, promote legal professionalism and affirm the Party's domination in legal issues. These initiatives reflect Xi's effort to institutionalise his anti-corruption campaign. Yet the rule of law goes counter to the country's Confucian or Legalist traditions, the weak law-making and judicial system and other structural factors.

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