Forced Labor Exploitation: Illegal Trading in Protected Goods in the Southern African Countries

Human exploitation refers to the curtailment of fundamental human rights. The crime plays out notwithstanding the laws that criminalizes human abuses. This study explored the policing of human trafficking and forced labor in the Southern African countries of the Southern African Development Community (SADC) and assesses the capabilities and abilities of law enforcement agencies in the region to curb the scourge. In this study a qualitative perspective was adopted with use of literature study and interviews. The prevalence of organized criminal groupings exacerbates the problem of human trafficking and forced labor in the region. Law enforcement corruption is rife as the police are often accused of acts of receiving bribes. There are capacity constraints in the policing agencies across the region which impacts negatively on proactive enforcement of protected goods. The study reveals that respective law enforcement agencies work in seclusion and do not systematize their databases to share information with other agencies owing to a prevailing cynicism amongst countries. It is proposed that there should be harmonization of law enforcement agencies’ databases to share information for intelligence purposes and to develop defensive and responsive response mechanisms to thwart the crime.

Harmonization of laws related to the protection of artisanal fishermen fishing grounds in Aceh Province

This paper aims to examine how to protect of artisanal fishermen fishing ground and the policies that protect them. Small-scale fisher fishing grounds has to have a special attention due to their limitation. They are using very simple fishing gear, so they can’t sail far away from the coastal waters. The Fishing law give a specific attention for this matter, by limiting fishermen with 5 gross tonnage (GT) are only able to conduct their activities within the coastal waters. This study combines legal documents and the results of interviews with fishermen on 5 GT vessel. this studi of find, then the Law Number 27/2016 changed this regulation by increasing gross tonnage for small-scale fishermen from 5 became 10 GT, and it attract more serious problems for these small-scale fishermen since they have no exclusive fishing ground anymore. It will also affect to changes of fishing lane; fishing ground and vessels authorization procedure. By increasing GT, the 10 GT vessels also have rights to sail in the same fishing ground with 5 GT vessels and it’s created a potential conflict between the fishermen. So, harmonization of law is important task for the government in avoiding the overlapping rules on vessels criteria, by choosing law that prioritize on small-scale GT vessels.

Aspek Interoperabilitas Antara Lantamal IX Dengan Kamla Zona Bahari Timur Dalam Penegakan Hukum Di Laut Maluku Ditinjau Dari Perspektif Harmonisasi Hukum

Introductioan: The basic conception of the realization of security in the territorial waters essentially has two dimensions, namely the enforcement of sovereignty and the enforcement of security which are interrelated with each other.Purposes of the Research: This study aims to analyze and discuss the interoperability between Lantamal IX and Kamla of the East Maritime Zone in law enforcement in the Maluku Sea is viewed from the perspective of legal harmonization and the obstacles faced by Lantamal IX and Kamla of the East Maritime Zone in Law Enforcement in the Maluku Sea when interoperability is connected. with efforts to harmonize the law.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The results showed that Lantamal IX and Kamla East Maritime Zone had the same authority in conducting security and safety patrols in the Maluku Sea, thus potentially causing overlapping authorities. Therefore, interoperability is needed between the two institutions in order to create synergy and minimize the occurrence of sectoral egos. So far, the interoperability of Lantamal IX and Kamla of the East Maritime Zone has been established, but it has not run optimally and continuously. Functional analysis of the collaboration between LANTAMAL IX and the East Maritime Zone Kamla shows that there are obstacles related to juridical and material aspects. In the juridical aspect, the East Maritime Zone Kamla does not have the authority to investigate so that the ship being considered must be handed over to the authorized agency. In addition, there has been no renewal of the memorandum of understanding between BAKAMLA and TNI Headquarters. As a result, patrol operations are not supported by Indonesian Navy warships. Meanwhile, materially, the facilities and infrastructure of the East Maritime Zone Kamla are minimal while BAKAMLA has a large enough budget for the implementation of operations. Likewise, the synergy of operations and sharing of data and information has not been maximized. Therefore, interoperability is needed through harmonization of law and synergy.

Tumpang Tindih Penegakan Hukum di Laut Indonesia

AbstrakIndonesia sebagai poros maritim dunia memiliki laut sebagai penghubung antar wilayah dan batas dari teritorial negara. Pentingnya fungsi laut menimbulkan perlunya penegakan hukum di laut yang baik untuk mempertahankannya. Namun, penegakan hukum di laut dalam yuridiksi nasional Indonesia belum tertata dengan baik. Hal ini dapat dilihat dari posisi kewenangan dalam pengaturan terkait keamanan kemaritiman nasional yang saling tumpang tindih antar lembaga seperti Tentara Nasional Indonesia Angkatan Laut (TNI-AL), Badan Keamanan Laut (Bakamla), dan Kesatuan Penjagaan Laut dan Pantai (KPLP). Tulisan ini akan menganalisis lembaga negara yang menjadi coast guard di Indonesia. Selain itu mengenai permasalahan penegakan hukum di laut tidak dapat dilaksanakan dengan baik yang disebabkan oleh ketidakharmonisan antar peraturan perundang-undangan. Penulisan ini menggunakan metode yuridis normatif yang menggunakan pendekatan undang-undang. Dari penulisan ini akan diperoleh hasil mengenai analisis harmonisasi penegakan hukum dan faktor yang menjadi kendala dalam penegakan hukum keamanan laut di Indonesia. Kata Kunci : TNI-AL, Bakamla, KPLP, Tumpang Tindih, Coast GuardAbstractIndonesia as the world's maritime axis has the sea as a liaison between regions and borders of the country's territory. The importance of the function of the sea raises the need for good maritime law enforcement to maintain it. However, maritime law enforcement in Indonesia's national jurisdiction has not been well organized. This can be seen from the position of authority in regulations related to national maritime security that overlaps between institutions such as the Indonesian Navy (TNI-AL), the Maritime Security Agency (Bakamla), and the Marine and Coast Guard Unit (KPLP). This paper will analyze the state institutions that serve as coast guards in Indonesia. In addition, the issue of maritime law enforcement cannot be implemented properly due to the disharmony of laws and regulations. This writing uses a normative juridical method that uses a law approach. From this paper, the results will be obtained regarding the analysis of harmonization of law enforcement and the factors that become obstacles in the enforcement of maritime security law in Indonesia.Keywords: TNI-AL, Bakamla, KPLP, Overlapping, Coast Guard

HARMONISASI HUKUM PENGANGKATAN ANAK DALAM DESA ADAT DI BALI (SUATU KAJIAN PLURALISME HUKUM)

<p><em>Offspring is expected in marriage, in Hinduism the purpose of marriage, namely in the book of Manawa Dharmasastra, mentioned that praja (giving birth to offspring). But in reality in marriage not all the wishes that are expected will be achieved. In Bali marriages that do not have children generally perform the rapture of children. According to Balinese customary law the removal of children is generally a child who is raised from the purusha line (from the male lineage), the purpose of the child's rapture is to continue the offspring, responsibility in the form of rights and obligations. The appointment of children for a Hindu married couple who are Balinese,</em> <em>Then the implementation of the child appointment process should follow the provisions of Hindu law, then Balinese customary law (awig-awig and pararem) that applies in each customary village in addition to also still referring to the process of child adoption procedures that have been regulated in the applicable legislation in Indonesia. Based on this background, the issues discussed can be formulated as follows: 1. How to regulate the shahnya rapture of children according to customary law, Hinduism and National Law. 2. How the process of carrying out the appointment of children in indigenous villages in Bali is studied from legal pluralism. concepts: harmonization of law, adoption of children, pluralism of law, theory using legal pluralism (John Griffiths) and living law theory (Eugene Ehrlich), type of empirical legal research, descriptive nature of research, type of data qualitative and sourced from primary data and secondary data, using methods of data collection, obsenvation, interview, and literature. Determination of informants using non probability sampling, the instrument used by mobile phones, management and qualitative and systematic descriptive analysis. The results of research 1) The regulation of the shahnya child appointment can be seen from 3 legal bases, namely national law, customary law, and religious law. 2) In the process of carrying out the adoption of children in indigenous villages in Bali on the point of view of legal pluralism, namely the combination of three basic legal rules, including national law, customary law (awig-awig and pararem), and religious law (Hindu law), where the three legal bases run simultaneously in the implementation of child adoption in harmony, and balance, so as to create a harmony of law in the implementation of child appointment in indigenous villages in Bali</em></p><p><strong>Keywords</strong>: <em>Harmonization of the Law, Adoption of the Child, Pluralism of Law</em></p><p> </p>

Reform of the legal system of Ukraine under the influence of international law

The article examines the features of reforming the legal system of Ukraine under the influence of the international law. The main means of convergence of the national legal systems are identified. The main directions of influence of the international law on national legal systems are described, such as: convergence of the national legal systems, unification of law, harmonization of law, activity of international organizations, creation of model laws. The main means of convergence of the national legal systems are identified. Proposals for reforming the legal system of Ukraine under the influence of international law have been developed.

BATASAN USIA PERKAWINAN; SEBUAH TINJAUAN SOSIOLOGI HUKUM DAN ANTROPOLOGI HUKUM

The variety of positive laws governing the age limit for marriage is of particular concern to family law scholars. Harmonization of law can be done when looking at how the actual social character of the community in relation to the issues raised, namely finding the minimum age limit for marriage. The sociological-anthropological approach of law is used in this harmonization of law because the two blades actually use descriptive optics in viewing a problem. It is worth paying attention when determining the age limit must refer to several factors which are not only legal factors but also other factors and in order to provide legal certainty, justice and legal benefits, there must be an adjustment to the age limit, especially for children, for other laws and regulations.

Strengthening Legal Certainty on the Electronic Registration System of Fiduciary Deed in Indonesia

<p>Fiduciary guarantee constitute a type of guarantee commonly used by the business society to obtain loan from Banks or other financial institutions. Administratively, since the government established an electronic fiduciary registration system, the system has in fact, not been fully supported by appropriate legal grounds. This research aims to explore and analyze regulations regarding the legal status of fiduciary agreements along with its electronic registration system and the role of Notary Public with the aim of providing recommendation to the ideal registration system supported by proper laws and regulations. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, comparative approach and conseptual approach. The results of the study essentially emphazied the need for amandement and harmonization of Law No. 45/1999 concerning Fiduciary Guarantee as well as its implementing regulations. Ultimately, the Indonesia fiduciary guarantee and its registration system will always in harmony with the values of legal certainty, justice and usefulness.</p>

Law enforcement and implementation of harmonization of law enforcement norms related to drug smuggling

The article examines the problem of the development of Russian law in the framework of the implementation of the criminal procedure norms related to drug smuggling. It is proposed to consider the prevention and effectiveness of offenses related to drug smuggling through the harmonization of national legislation. Special attention is paid to the interaction of international and domestic norms of procedural law. Special attention is paid to a comprehensive analysis of the construction of a system for the implementation of the norms of law, on which the effective achievement of goals in the suppression of crime in the sphere of drug trafficking depends. Based on the study of the material, it has been found that the mechanism for the implementation of the norms of the criminal procedure is not quite simple: on the one hand, the appeal to foreign legal norms is regarded as an unproductive scientific discourse, on the other hand, theories are modeled on the damage to one's own legal system because of unjustified borrowings from other legal systems. The results and conclusions can be used in the practical activities of customs, law enforcement agencies.