scholarly journals Latent Securitisation of Illegal, Unreported and Unregulated (IUU) Fishing in Indonesia

2020 ◽  
Vol 22 (1) ◽  
pp. 26
Author(s):  
Rage Taufika

This paper aims to explore and explain to what extent and in what ways the Indonesian Government has securitised the Illegal, Unreported and Unregulated (IUU) fishing in Indonesia since 2009, by utilising critical discourse analysis. Using the Securitisation theory from the Copenhagen School, this paper explains the analysis of the speech act and extraordinary measures from SBY’s administration, Jokowi’s first term and second term administration. While IUU fishing has been a severe global issue, 30 percent of the cases take place in Indonesia and it becomes a serious threat for the economy and maritime resources. In 2009, Indonesia amended the fisheries law by establishing the new article about the right to burn and sink illegal foreign vessels. However, the securitisation remained ‘latent’ as it lacks the extraordinary measures and supporting speech act from the government. In 2014, during Jokowi’s first term, Indonesia had done extraordinary measures by regularly sinking the illegal foreign vessels. During Jokowi’s second term, the measures were gone, although the law still exists. Thus, it became ‘latent’ again in 2019 up until present. This paper claims that the Indonesian Government successfully securitised the issue in 2014 after the latent securitisation that happened in 2009. However, it remained ‘latent’ again in 2019 up until now.

Author(s):  
Franciscus Xaverius Wartoyo ,

<p>Abstract<br />Government has the legal responsibilities in the implementation of national education system to carry out the mandate set out in Section 31 of the Constitution of the Republic of Indonesia 1945 related to the intellectual life of the nation. This is confirmed and applied by The Indonesian Government Regulation 47/2008 regarding compulsory education and Indonesian Government Regulations 48/2008 related to the funding education of elementary school (SD) to high school (SMP) free made by the government through the School Operational Assistance (BOS) to make the education system based on the national human values and justice according to Pancasila ad realize the human rights set out in the Constitution Indonesian 1945 Article28 c paragraph(1) and Article 28d paragraph (3) stated that every citizen has the right to obtain equal opportunities in government. The free primary education can not be realized in a fair and equitable for the presence of education autonomy, every area is not the same policies and management education in many schools that are not transparent even still many schools to collect funds for the reason given by the government budget for operational costs is not enough.In addition, the9-year basic education which should be free up to secondary education (high school) born by either the state of infrastructure, teachers’ salaries, electricity, telephone, computer, books, stationery without distinguishing between public and private schools.<br /><em>Keywords: national education, justice, humanity,Indonesian contitution 1945</em></p><p>Abstrak<br />Pemerintah memiliki tanggung jawab hukum dalam implementasi sistem pendidikan nasional sebagai amanah (mandat) dari Pasal 31 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 yakni hak mendapatkan pendidikan yang layak. Mandat tersebut diturunkan dalam Peraturan Pemerintah Nomor 47 Tahun 2008 tentang wajib belajar dan Peraturan Pemerintah Nomor 48/2008 tentang Pendanaan Pendidikan dari Sekolah Dasar ( SD ) hingga Sekolah Menengah ( SMP ) yang gratis ditanggung oleh pemerintah melalui Bantuan Operasional Sekolah ( BOS ) dalam rangka untuk menciptakan sistem pendidikan berdasarkan pada nilai-nilai kemanusiaan nasional dan keadilan dalam Pancasila, serta dalam rangka penegakan Hak Asasi Manusia berdasar Pasal 28C ayat (1) dan Pasal 28D ayat (3) dimana setiap warga negara memiliki kesempatan yang sama dalam pemerintahan. Pendidikan dasar gratis tidak dapat dicapai secara adil dan merata karena setiap daerah miliki kebijakan dan manajemen pendidikan yang berbeda, adanya ketidaktransparanan sekolah dalam mengelola dana, dan faktor alasan ketidakcukupan dana yang diberikan oleh pemerintah kepada sekolah. Pendidikan Dasar 9 (sembilan tahun) seharusnya gratis sampai pada Pendidikan Menengah Pertama (SMP) baik dalam hal infrastruktur pendidikan, honor guru, biaya listrik, telepon, pengadaan komputer, buku-buku tanpa ada pembedaan sekolah publik dan sekolah swasta.<br /><em>Kata kunci: Pendidikan Nasional, Keadilan, Kemanusiaan, UUD 1945</em></p>


2013 ◽  
Vol 12 (2) ◽  
pp. 165
Author(s):  
Khoiruddin Nasution

This paper aims to prove that the registration of marriages is one of the requirements  of marriage, which means unregistered marriagesare illegal. The basic reasonsfor this conclusion is two-fold. First, the Prophet Muhammad had commanded public notices of marriage (walimahan, iklan). The purpose of this public notice is to secure the rights of spouses so that couples can achieve the purpose of marriage: a harmonious family. In fact, public notices are means to achieve this. Thus a contextual change is possible to changes the legal form as a mean to achieve the objectives of the marriage. Registration of marriage (marriage certificate) is a kind of contextualization of the command for the public notice of marriage. This contextualization is necessary because it is more effective and efficient to guarantee the achievement of a harmonious family as the ultimate goal of marriage. Second, Indonesian citizens must obey the rules of registration of marriage as set out and defined in the Act no. 1 of 1974 on Marriage [Marriage Act], as it is an implication of the obligation to obey the government (uli al-amr). Therefore, Indonesian citizens  who do not comply with the contents of Marriage Act is disobeying the government.  Furthermore, the Indonesian government has the right to make rules for creating welfare for the community (mashlah), being Indonesian citizens. Consequently, citizens are required to obey rules set by the Indonesian government for the whole welfare of community, and it is clear that the purpose of registration of marriage is for welfare of Indonesian citizens


2021 ◽  
pp. 1-16
Author(s):  
Nadia Astriani ◽  
Betty Rubiati ◽  
Yulinda Adharani ◽  
Siti Sarah Afifah ◽  
Rewita Salsabila ◽  
...  

Indonesia has enough access to freshwater resources of the planet. However, uneven distribution together with mediocre water management and a lack of water infrastructures make a significant number of households in this country have inadequate access to safe water. This becomes big issues, because the provision of safe water, sanitation and hygienic conditions are essential to protect human health and save humanity during the Covid-19 pandemic. When this article was written, COVID-19 patients who were confirmed to be infected were in all Indonesian provinces, with the largest numbers of patients located in Java. The purpose of this study is to determine the efforts of the Indonesian government to fulfill its responsibilities in fulfilling clean water during a pandemic. The study collects all regulations and policies concerning clean water and an analyses them using doctrinal method. The result of the study shows that although there are enough regulations governing the use of clean water, they have not resolved the problem of clean water fulfillment. In overcoming water needs during the pandemic, the Indonesian government did not make additional efforts other than those previously planned in the Strategic Plan of the Ministry of Public Works and Housing. The disruption of the economy has an impact on state finance, causing the government to refocus budgeting. As a result, many programs related to clean water are postponed. This minimum effort by government is neglecting its responsibility in fulfilling the right to water. The government must emulate how to fulfill the needs for water during the pandemic from other countries and using this situation to fix the problem of clean water in Indonesia


2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Dian Adi Perdana

Zakat is to purify the rights that a person has and separate the rights of others contained therein, so that it can provide benefits to others. The Indonesian government has regulated the management of zakat in UU no. 38 of 1999 about Zakat Management, regulations are made to facilitate the community in the process of collecting, managing and distributing zakat. This research discusses the management of zakat fitrah in Motolohu Village, Bolaang Mongondow Selatan Regency during the pandemic. The condition of the community is disturbed in paying zakat fitrah during the pandemic, especially in the economic sector. Researchers examined the management of zakat fitrah carried out by the government and zakat officials in Motolohu Village during the pandemic, the collection process, distribution and distribution of zakat fitrah during the pandemic, as well as the benefits of zakat fitrah for the community. This study uses a descriptive qualitative approach with various questions to the informants to get answers to social problems about community empowerment through zakat fitrah management in Motolohu Village during the pandemic. Data collection techniques used observation, interviews and documentation to several sources. The data that has been obtained are then analyzed in order to obtain the results presented in the form of conclusions. The results of research on the collection, management and distribution in Motolohu Village were carried out with different techniques. Collection of zakat, zakat administrators visit the houses of people who want to pay zakat. Zakat payments are divided into 3 levels, the process of collecting zakat is carried out optimally by paying attention to people's income. The public is advised to donate Rp. 5,000 / person. Distribution of zakat fitrah, officers distribute zakat fitrah equipped with health protective equipment. The benefits of zakat fitrah that are obtained by muzakki in Motolohu Village are the implementation of amaliyah which can still be applied by giving to those who have the right, especially in a pandemic situation.


2016 ◽  
Vol 2 (3) ◽  
pp. 385
Author(s):  
La Sina

The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.


2019 ◽  
Vol 16 (1) ◽  
pp. 121
Author(s):  
Arkanudin Budiyanto ◽  
Subejo Subejo ◽  
Samsul Maarif

This study tries to describe responses of the pesantren community on the deradicalization program carried out by the Indonesian government in the Sukoharjo Regency, Central Java along with various factors that influence to those responses. Through the qualitative approach, the results of studies show that pesantren have a strategic role in supporting the success of deradicalization program. Pesantren, which have been united with the community, are trusted and believed by the community as an institution capable of making changes to the outlook as well as the religious model of the community. However, the involvement of pesantren needs to pay attention based on the cultural factors that exist in the pesantren environment. This cultural frame will then be able to support the appropriate deradicalization communication patterns, and the right acceptance of the government in running the deradicalization program.


2019 ◽  
Vol 3 (1) ◽  
pp. 53
Author(s):  
Duwi Handoko

The purpose of this study is to analyze the freedom to embrace religion and belief and fulfill the right to work in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of religion and work. Regulation on the role and sanction for the government in the context of guaranteeing religious freedom, especially for Muslims, is very important. One form of legal vacuum in the regulation of religious freedom in Indonesia is in the context of the release of someone from Islam who aims to save humanity (of course also for other religions in Indonesia) and embrace other religions of his own free will. Regulations regarding the role and sanctions for the government in the context of guaranteed rights to obtain decent jobs, especially at productive age, are very important. Technically, it is clearly impossible for employers to recruit workers if there are no jobs in accordance with the capacity of the company's needs. From this, it can be said that the fulfillment of the right to work has a correlation with other types of rights so that a worker can have competence. The amount of unemployment that cannot be reduced by the Indonesian government and discriminatory treatment is a form of violation of the right to work.


Metahumaniora ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 213
Author(s):  
Cece Sobarna

AbstrakPemerintah Republik Indonesia menjamin hak seluruh warga negera Indonesiamendapat pendidikan. Komitmen ini dengan jelas tertuang pada pasal 31 ayat (1)UUD 1945 yang berbunyi bahwa “Setiap warga negara berhak mendapat pendidikan.”Pernyataan tersebut mengindikasikan bahwa warga negara yang dimaksud didalam Undang-Undang Dasar 1945 itu mencakup seluruh rakyat Indonesia dengankondisi apapun tidak terkecuali, termasuk anak berkebutuhan khusus. Mekanismepelaksanaan pendidikan untuk anak berkebutuhan khusus kemudian diatur dalamperaturan-peraturan pemerintah. Langkah-langkah tersebut menunjukkan bahwapemerintah bersungguh-sungguh dalam memberikan hak pendidikan bagi warganegaranya yang dianggap kurang beruntung karena kondisi fisik dan atau mentalmereka. Materi pendidikan apa yang diperlukan bagi anak berkebutuhan khususmenjadi tantangan berikutnya yang harus ditanggulangi bersama. Dengan tujuan akhirmeluluskan siswa berkebutuhan khusus yang mandiri dalam berkehidupan sosialdi masyarakat, sekolah-sekolah khusus seperti SLB (Sekolah Luar Biasa) melakukanberbagai upaya dan salah satunya adalah melalui pendidikan keterampilan dan senibudaya. Bagaimana pendidikan ini diberikan di SLB bagi siswa berkebutuhan khususmenjadi hal yang ingin diungkap melalui tulisan ini. Selama kurang lebih 8 bulanturut terjun langsung berbagi pendidikan Seni Budaya dan Keterampilan diperolehhasil bahwa pendidikan keterampilan dan seni budaya seperti prakarya, tata boga,dan seni budaya mampu mendorong siswa berkebutuhan khusus menjadi terampildan diharapkan keterampilan yang telah mereka miliki tersebut mampu membuatpara siswa tersebut kelak mandiri terjun ke masyarakat.Kata kunci: siswa berkebutuhan khusus, pendidikan keterampilan dan seni budaya,Sekolah Luar Biasa, UUD 1945AbstractThe government of The Republic of Indonesia guarantees that every Indonesian citizenhas a right to get an education. This commitment is strongly stated in The Constitution of theRepublic of Indonesia of 1945 Article 31 (1) that “Each citizen has the right to an education.”The content of The Constituion indicates that the citizen mentioned in the constitution refersto all Indonesian citizens in any condition without any exception including children of specialneeds. How the mechanism of the education for children of special needs is implemented is thenregulated in the Government Regulation. These efforts show that Indonesian government takesthis matter seriously in order that its citizens who are considered to be not fortunate due to theirphysical and or mental condition get their right in education. What kind of education needed forthem becomes the next challenge that has to be managed together with all authorities. In orderto achieve the standard objective for the graduated students of special needs that they have to be self-seficient, independent in their social life among societies, Special Needs Schools ‘SLB’implement some efforts and one of them is by givingthe education of Skill, Art and Culture intheir curriculum. How this education is given in Special Needs Schools for students of specialneeds becomes the main issue that is described in this paper. By taking part in giving thiseducation in these schools for about 8 months, it can be identified that through the education ofSkill, Art and Culture, the skills like culinary training and the art projects are able to stimulatethe students of special needs to be skillful and by obtaining these skills, it is expected that thestudents of special needs can be independent, self-sufficient in their social life in societies.Keywords: students of special needs, the education of Skill, Art and Culture, SpecialNeeds Schools, The Constitution of the Republic of Indonesia of 194


Metahumaniora ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 213
Author(s):  
Cece Sobarna

AbstrakPemerintah Republik Indonesia menjamin hak seluruh warga negera Indonesiamendapat pendidikan. Komitmen ini dengan jelas tertuang pada pasal 31 ayat (1)UUD 1945 yang berbunyi bahwa “Setiap warga negara berhak mendapat pendidikan.”Pernyataan tersebut mengindikasikan bahwa warga negara yang dimaksud didalam Undang-Undang Dasar 1945 itu mencakup seluruh rakyat Indonesia dengankondisi apapun tidak terkecuali, termasuk anak berkebutuhan khusus. Mekanismepelaksanaan pendidikan untuk anak berkebutuhan khusus kemudian diatur dalamperaturan-peraturan pemerintah. Langkah-langkah tersebut menunjukkan bahwapemerintah bersungguh-sungguh dalam memberikan hak pendidikan bagi warganegaranya yang dianggap kurang beruntung karena kondisi fisik dan atau mentalmereka. Materi pendidikan apa yang diperlukan bagi anak berkebutuhan khususmenjadi tantangan berikutnya yang harus ditanggulangi bersama. Dengan tujuan akhirmeluluskan siswa berkebutuhan khusus yang mandiri dalam berkehidupan sosialdi masyarakat, sekolah-sekolah khusus seperti SLB (Sekolah Luar Biasa) melakukanberbagai upaya dan salah satunya adalah melalui pendidikan keterampilan dan senibudaya. Bagaimana pendidikan ini diberikan di SLB bagi siswa berkebutuhan khususmenjadi hal yang ingin diungkap melalui tulisan ini. Selama kurang lebih 8 bulanturut terjun langsung berbagi pendidikan Seni Budaya dan Keterampilan diperolehhasil bahwa pendidikan keterampilan dan seni budaya seperti prakarya, tata boga,dan seni budaya mampu mendorong siswa berkebutuhan khusus menjadi terampildan diharapkan keterampilan yang telah mereka miliki tersebut mampu membuatpara siswa tersebut kelak mandiri terjun ke masyarakat.Kata kunci: siswa berkebutuhan khusus, pendidikan keterampilan dan seni budaya,Sekolah Luar Biasa, UUD 1945AbstractThe government of The Republic of Indonesia guarantees that every Indonesian citizenhas a right to get an education. This commitment is strongly stated in The Constitution of theRepublic of Indonesia of 1945 Article 31 (1) that “Each citizen has the right to an education.”The content of The Constituion indicates that the citizen mentioned in the constitution refersto all Indonesian citizens in any condition without any exception including children of specialneeds. How the mechanism of the education for children of special needs is implemented is thenregulated in the Government Regulation. These efforts show that Indonesian government takesthis matter seriously in order that its citizens who are considered to be not fortunate due to theirphysical and or mental condition get their right in education. What kind of education needed forthem becomes the next challenge that has to be managed together with all authorities. In orderto achieve the standard objective for the graduated students of special needs that they have to be self-seficient, independent in their social life among societies, Special Needs Schools ‘SLB’implement some efforts and one of them is by givingthe education of Skill, Art and Culture intheir curriculum. How this education is given in Special Needs Schools for students of specialneeds becomes the main issue that is described in this paper. By taking part in giving thiseducation in these schools for about 8 months, it can be identified that through the education ofSkill, Art and Culture, the skills like culinary training and the art projects are able to stimulatethe students of special needs to be skillful and by obtaining these skills, it is expected that thestudents of special needs can be independent, self-sufficient in their social life in societies.Keywords: students of special needs, the education of Skill, Art and Culture, SpecialNeeds Schools, The Constitution of the Republic of Indonesia of 194


2021 ◽  
Vol 37 (3) ◽  
pp. 38-53
Author(s):  
◽  
Siti Fatonah ◽  
Jeihan Shafira ◽  
◽  

The COVID-19 pandemic in Indonesia had attracted debate over how the Government dealt with this crisis. Since the beginning of the pandemic, the Government has denied the spread of Covid-19 in Indonesia, although several cases were found in neighbouring countries. This research aims to analyse how the Indonesian Government handles the pandemic, based on news published online. Further, the research looked at the levels of text, social cognition, and social context of the relevant news in Kompas.com. The research method used was Teun van Dijk's Critical Discourse Analysis. The research result shows that Kompas.com presented the issue succinctly and criticised how the Indonesian Government handled the pandemic. The discourse built was that the Jokowi government was not ready to deal with the pandemic. The Government tended to ignore inputs from academics, research results, and other parties. Kompas.com sought to uncover the Government's initial response to the pandemic and subsequent policies. Further, the Government issued policies that were unclear, not firm, and constantly changing. Kompas.com positioned itself as a media that always presented news objectively, intact, independent perspective, unbiased by various political, economic, and power interests. The substance of this study contributes in the form of new policy recommendations for the heads of online media news editors on how to deliver news to the public in an open, straightforward, and critical manner that prioritises social responsibility. Keywords: Covid-19, critical discourse analysis, online news media, Kompas.com, Jokowi administration.


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