CORPORATE LIABILITY FORMULATION POLICY ACCORDING TO ARTICLE 101 OF LAW NUMBER 31 OF 2004 JUNCTO LAW NUMBER 45 OF 2009 CONCERNING FISHERIES IN TERM OF CRIMINAL LEGAL REFORM IN INDONESIA

The corporation is the brain and source of funds for all illegal fishing activities and other crimes that occur along the chain of fishing business activities. According to Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries, Article 101 states that: "In the case of a criminal acts as referred to in Article 84 paragraph (1), Article 85, Article 86, Article 87, Article 88, Article 89, Article 90, Article 91, Article 92, Article 93, Article 94, Article 95, and Article 96, the acts are committed by corporations; prosecution and criminal sanctions are imposed on their management and the fine is added by 1/3 (one third) of the sentence imposed." It is necessary to renew the Fisheries Law in order to provide an overview in determining the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in Indonesia. The type of this research was normative by using primary, secondary and tertiary sources of legal materials. From the results of research and discussion, it was revealed that Corporate Liability according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in Indonesia currently does not explain things about the meaning of the word "management", which parties in the management structure of a corporation that can be held accountable, or to what extent the authority possessed by parties in the management structure of a corporation can be subject to criminal responsibility. Therefore, the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in the future should be changed, this is important considering the formulation stage is the most strategic stage in the efforts to prevent and to control crime by including / expanding criminal liability, not only for the management but also for the corporation and its management.

Whose Policy Matters? Elite Disagreement on Illegal Fishing Problems

Neo-realism predicted the state will choose a certain balancing strategy accordingly to the given strategic environment and the relative power of respective states. Since Southeast Asia recognized as informal and norm-based regionalism, state balancing strategy will maximize the regional organization as a means to restraining member state's behavior and managing basic interaction within states. However, neo-realism unable to explain why states would not adopting the expected balancing strategy despite already obtained necessary international pressure and relative power. This condition occurred in Indonesia’s foreign policy toward ASEAN, especially on combating illegal fishing disputes. Ever since the foundation of the regional group, Indonesia has applied the ASEAN-led mechanism as a means to the dispute. However, the regional distribution of power and Jakarta’s relative power do not change but Indonesia’s balancing strategy does. To explain such conditions, this research will employ neo-classical realism to examine why Indonesia not adopting an institutional balancing strategy. Neoclassical-realist argued that it is the intervening variable that determined the state’s balancing strategy. This research will analyze Indonesia’s intervening variable using Randall Scwheller’s elite consensus framework and found out the shift of Indonesia's balancing strategy occurred due to elite dissensus on how perceiving ASEAN as a regional group

Avifaunal Diversity of Barandabhar Corridor Forest, Chitwan, Nepal

The main aim of the study was to analyze the avifaunal diversity of Chitwan, Nepal. The avifaunal diversity at six transects of Barandabhar Corridor Forest in Chitwan district was carried out during two visits (autumn and spring) in 2020-2021. The line transect method was used to cover most of the study area. In total, 125 species of birds representing 18 orders and 59 families were recorded. The highest number of bird species i.e. (56) 44.8% were represented by order Passeriformes along with 34 families. The highest number of species was found in family Picidae (9) 7.2% followed by Cuculidae (8) 6.4% and least number (1) 0.8% in other 31 families. The seasonal status of species was Autumn (84) and Spring (116). The relative abundance of species was Very Common (60), Common (40), Uncommon (16), and Rare (9). According to the National Red List of Nepal’s Birds, 110 species were in the Least Concern category, eight species were in the Near Threatened category, six species were in the Vulnerable category and one species was in the Critically Endangered category. It was noted that major threats to the birds were illegal fishing, noise pollution, firewood collection, illegal cattle grazing, and invasive alien plant species. One Globally Threatened Bird Lesser Adjutant Leptoptilos javanicus was also noted.

Aplikasi Drone Militer Dengan Produk Alutsista Indonesia untuk Over the Horizon Operations

Drone/ pesawat tanpa awak merupakan salah satu teknologi di bidang pertahanan yang termasuk di dalam program strategis pemerintah Indonesia. Di era teknologi Informasi dan society 5.0, penggunaan teknologi tinggi sangat diperlukan dalam mengatasi berbagai permasalahan khususnya Indonesia yang memiliki wilayah luas. Drone dapat menjadi platform multifungsi yang dapat berperan dalam Operasi Militer Perang (OMP) maupun Operasi Militer Selain Perang (OMSP). Penggunaan drone di militer umumnya digunakan sebagai bagian dari “Over The Horizon Operations”, dimana semua perangkat yang terkait operasi seperti kendaraan tempur, persenjataan, serta alat komunikasi personil menjadi satu kesatuan dalam “Battle Management System”. Penggunaan teknologi Drone akan dapat mengurangi resiko dari pilot maupun efisiensi biaya dari operasionalnya. Dengan fleksibilitas peran yang ditunjukkan oleh kehadiran drone dapat menjadi solusi dari berbagai permasalahan terkait kebutuhan dari pengguna itu sendiri seperti illegal fishing, imigran gelap, pembajakan, banjir, kebakaran hutan, terorisme, maupun infiltrasi militer negara lain.

The causes and consequences of fisheries conflict around the Horn of Africa

Fisheries conflict is an underappreciated threat to the stability and health of communities. Declining fish populations, rising demand for seafood, and efforts to reduce illegal fishing are increasing the risk that conflict over fisheries resources will undermine stability and peace. Here, we investigate the frequency, causes, and consequences of fisheries conflict in six countries around the Horn of Africa and East Africa (Tanzania, Kenya, Somalia, Djibouti, Eritrea, and Yemen) between 1990 and 2017. Fisheries conflict events were cataloged from news reports, and events were characterized by the date, location, actors, consequences, and drivers of the conflict. We found the rate of fisheries conflict is gradually increasing in the region, with spikes in conflict driven by the arrival of foreign fishing boats or international naval vessels. Conflict was caused primarily by illegal fishing, foreign fishing, weak governance, limits on access to fishing grounds, and criminal activities including piracy. Two-thirds of all conflict events occurred in Kenyan and Somali waters, with areas of high conflict intensity in the Lake Victoria region, near the Somali coastline, and in the southern Red Sea. During this period, 684 fisheries conflict events in the region resulted in over 400 fatalities, nearly 500 injuries, and over 4,000 arrests.

INDIA'S COAST REGION - THE EASIEST ROUTE FOR CONDUCTING ILLEGAL ACTIVITIES - AN UNDERSTANDING

Indian sea route are an easy target for smuggling and conducting of anti-national activities. Mumbai port which is the largest port in India has been a place for terrorism activities since a long time, the 26/attack which is regarded as the deadliest terrorist attack, India has ever experience, the terrorist had enter India through sea port , since 1960s the business of smuggling of gold , drugs and other luxury items is going on between Dubai to Mumbai to Gujarat . Smuggling of items like fuel, textile happening through different states. Illegal fishing is also very common, In fact after the lockdown, many states have brought in new rules and regulation in their fisheries culture /sector, even the government has introduced schemes and is investing a lot . There are many agencies and ministries at the local, state and center to coordinate among different committees and stakeholders and increase the manpower. The eastern and the western coast share their water border with several countries which support criminal activities in the region. Most of the illegal migrant enter India and leave India through these ports for instances cases of Bangladesh and Sri Lanka. India needs to strengthen its coastal security across the country. Keywords: Coastal security, sea roots, smuggling, drug trafficking, fisheries sector, 26/11 attack

Monitoring of Seahorse Populations, in the Ria Formosa Lagoon (Portugal), Reveals Steep Fluctuations: Potential Causes and Future Mitigations

After seahorse population fluctuations were revealed in previous studies, probably due to changes in their natural habitat, this study sought to determine the current status of the populations of the two existing seahorse species in the Ria Formosa lagoon, by revisiting previously surveyed sites, while assessing the main drivers for detected changes. Hippocampus guttulatus densities decreased significantly between 2002 and 2008, followed by a significant increase between 2008 and 2012 and a significant decrease between 2012 and 2018. There were no significant differences in H. guttulatus populations between the 2002 and 2012 surveys, and between 2008 and 2018. As for Hippocampus hippocampus, there were no significant differences comparing densities from all the different dates. Among the different variables tested in this study, holdfast coverage seems to have played a crucial role in seahorse decline. It is important to further assess the impact on seahorse populations of two recently reported events, the illegal fishing of seahorses and the expansion of Caulerpa prolifera algae in the Ria Formosa lagoon, South Portugal. Considering the existent threats and the probable causes behind the recent seahorse abundance decline, seahorses’ low densities make them even more susceptible to local extirpation due to continuous threats, which emphasizes the dire urgency to put in place mitigative actions to contribute to the conservation of these iconic species.

Improving Regional Fisheries Management Organisation Decision-Making: New Hope in the South Pacific?

<p>Regional Fisheries Management Organisations (RFMOs) play a key role in promoting the sustainable management of high seas fisheries. However, many RFMOs are not succeeding in this task. Whilst overexploited fish stocks can be blamed on illegal fishing and on States reluctant to implement robust conservation and management decisions, fault can also be found in the design of RFMO decision-making processes, specifically the use of consensus-based decision-making and objection procedures. This paper evaluates whether a new RFMO, the South Pacific Regional Fisheries Management Organisation, and its ‘cutting edge’ decision-making procedure, can act as a model for more effective RFMO decision-making.</p>

Enforcement Jurisdiction over Foreign Fishing in the EEZ

This Chapter examines the coastal State’s enforcement jurisdiction over fishing activities in the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (LOSC), including the boarding, inspection, arrest, and seizure of vessels, the prompt release procedure, and the imposition of penalties. The Chapter argues that this jurisdiction should be interpreted by reference to the overall scheme of the LOSC, taking into account not only the rights but also the responsibilities of the coastal State, as well as those of flag States, in order to meaningfully preserve the balance of interests that is at the heart of the sui generis regime for the EEZ. However, while the balance of interests is commonly invoked in the jurisprudence on enforcement, international courts and tribunals have generally taken a narrow approach to its application, seeking to balance specific, corresponding rights of flag and coastal States in a binary equation, rather than the broader set of rights and responsibilities that underpin the EEZ regime. Faced with these limitations, as well as the practical and financial challenges of carrying out the primarily physical enforcement measures envisaged in the LOSC, coastal States have developed a range of alternative approaches to achieve the same result. As this Chapter demonstrates, these include: the conduct of cooperative and collaborative enforcement activities; a variety of prescriptive techniques to prevent and deter illegal fishing activity; and the use of modern technology to deliver cost-effective and remote, ‘no-force’ enforcement jurisdiction.

Improving Regional Fisheries Management Organisation Decision-Making: New Hope in the South Pacific?

<p>Regional Fisheries Management Organisations (RFMOs) play a key role in promoting the sustainable management of high seas fisheries. However, many RFMOs are not succeeding in this task. Whilst overexploited fish stocks can be blamed on illegal fishing and on States reluctant to implement robust conservation and management decisions, fault can also be found in the design of RFMO decision-making processes, specifically the use of consensus-based decision-making and objection procedures. This paper evaluates whether a new RFMO, the South Pacific Regional Fisheries Management Organisation, and its ‘cutting edge’ decision-making procedure, can act as a model for more effective RFMO decision-making.</p>