The Legal Impacts of The Convention for The Conservation of Southern Bluefin Tuna on The Optimum Utilization and Sustainability of Highly Migratory Fish

The sustainability of southern Bluefin tuna (SBT) is very important, since the SBT as one of the highly migratory fish which is very valuable. Because of that, the SBT are exploited tremendously and it caused serious decline of the population. Due to the reasons, the aim of the paper is to examine comprehensively the legal impacts of the Convention for The Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT as one of highly migratory fish, There are two problems questions that are proposed, namely, first, how is the role of the Commission of CCSBT in the optimum utilization and sustainable conservation of the SBT. Second, how is the legal impacts of the CCSBT to the conduct of the Member States to obey the obligations of the CCSBT in order to utilize and to maintain the sustainability of the SBT in sustainable manner. The result of the paper finds that there is positive legal impacts of the CCSBT to the Member States’ conduct in order to materialize the optimum utilization and sustainability of the SBT, though, there are still some challenges. Keywords: conservation, highly migratory fish, optimum utilization, southern tuna Bluefin, sustainable manner.Southern Bluefin Tuna (SBT), as one of the highly migratory fish, is very valuable due to the high demand inthe international market. Hence, the SBT is exploited tremendously and it caused a severe decline in thepopulation. To maintain the sustainability utilization of SBT, the role of the Commission on the CCSBT isimperative. The objective of the research is to examine conceptually the legal impacts of the Convention forthe Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT.It is a normative juridical research by applying conceptual and statutory approaches. The results of theresearch indicates that: first, the role of the Commission of CCSBT in the optimum utilization and thesustainability of the SBT is very significant: second, there are positive legal impacts of the CCSBT to theconduct of the Member States to comply with provisions of the CCSBT; third, the legal impacts of CCSBT areable to oblige the Member States to perform their obligations, however, there are still some challenges tomaterialize the objective of the CCSBT.Keywords: conservation; highly migratory fish; optimum utilization; southern tuna bluefin; sustainability.

Optimizing The Role of The Consumer Dispute Resolution Agency (BPSK) Through The Reformulation of Government Regulation No. 80 Of 2019 Concerning Trade Through Electronic Systems in The Order of Making Legal Sure

The e-commerce transaction dispute resolution mechanism in PP PSME is considered inefficient and does not provide legal certainty for consumers and for business actors considering the existence of several similar regulations that have existed before. This study aims to determine that the implementation of PP. 80 of 2019 has added an alternative mechanism for e-commerce transaction dispute resolution which is actually considered convoluted, inefficient and does not provide legal certainty. Through the normative juridical research method, which is the aPProach to the problem by seeing, analyzing and interpreting theoretical matters concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. In this study, the authors have the opinion that in an effort to realize legal certainty, legal simplification, legal unity and the realization of a fast, simple and low cost dispute resolution, it is necessary to make efforts to establish legal norms through reformulation of PP. 80 of 2019 concerning Trade Through Electronic Systems. Keywords: Electronic commerce; Legal certainty; Legal formation through legal reformulation.

Legal Status of The Social Security Administrator (BPJS) As A Public Legal Entity

The Social Security Administrator (BPJS) as an independent public legal entity has its legal position and authority. Because of the regulation issued by the Ministry of Health, the independence of BPJS is interfered with. The relationship that has not been well organized and elegant between BPJS and the Ministry of Health has caused many program problems in the field. Therefore, we need to figure out where the position of BPJS is as a state institution with a public legal entity. The BPJS forms the basis of the Welfare State, through which the government carries out its role of providing basic citizens’ rights to life. Based on Article 28 H and 34 of the 1945 Constitution, the National Social Security System (SJSN) law was established. The Social Security Administrator for Health (BPJS Kesehatan), a legal entity established by the law to administer social security programs, was then formed. Based on those bases, the relationship between BPJS of Health and the Ministry of Health is functional so that the BPJS as a state institution responsible to the President has complete independence. Keywords: Social Security Administrator for Health; Public Legal Entity; Legal Position.

Local Government Policy in The Procurement of Rental Official Vehicle (ROV) in Keerom District, Papua

The implementation of regional government requires supporting facilities and infrastructure for the smooth implementation. One of them is adequate transportation facilities. Therefore, the local government provides official vehicles for commitment and responsibility in giving attention and concern to duties of the state civil apparatus implementation. This study aims to formulate urgency of leasing operational service vehicles in the Keerom District Government. This study uses normative legal research as research method. The legal material obtained will describe and relate in such a way that it is presented in a more systematic writing to answer problems that have been formulated. Result shows the procurement of official vehicles was chosen through the rental process to minimize expenditure in the context of budget economy, effectiveness, and efficiency. Rental official vehicles in the Keerom Regency Government function as a support for regional government in achieving targets as its responsibility to provide welfare for community. Keywords: local government; operational service vehicles; rental

Reconstruction of Over-the-Counter Transaction Settings Based on Legal Certainty

OTC (Over-the-Counter) Transaction has become one of the alternative choices that greatly benefits to the parties. Problems then arise when the law has been formed by the competent authority, but it creates legal uncertainty due to the regulations that regulate the same things but different contents. The OTC Transactions are regulated in Financial Services Authority Regulation Number 22 / POJK.04 / 2019 on Securities Transactions. It is stated that the OTC are included in securities transactions, of which transactions can be done both in the primary and secondary markets. However, the Regulation Number 8 of 1995 does not regulate the OTC transactions. This can lead to the legal uncertainty towards the OTC transaction agents since there are more than one regulation governing the same problem. In addition, a reconstruction is needed for legal protection and dispute resolution related to the OTC transactions.Keywords: OTC transactions, regulatory reconstruction, legal certainty.

Proving The Insanity Defense in The Enforcement of Criminal Law in Indonesia

Criminal liability is a manifestation of the perpetrator for his or her crime. Article 44 (1) of the Indonesian Criminal Code (KUHP) explains that the insanity defense may release a perpetrator from conviction. For this research, the utilized research method was normative legal research, by which legal regulations are examined and the results neither reject nor accept a hypothesis, but give prescriptions for what should be proposed. The results of this research showed that first, insanity defense can release a criminal offender from conviction. This is because the perpetrator is unable to consciously understand that his or her actions are against the law, and that person cannot be held with criminal liability. Second, the construction of a verdict to declare whether or not a person qualifies for the insanity defense must be made in advance of his or her psychological condition, to decide if it is appropriate for the perpetrator to be convicted.Keywords: Proving; Insanity Defense; Enforcment of Crimina Law.