PENGARUH BENDERA KAPAL BAGI KASUS PENCEMARAN MINYAK KAPAL TANKER

Prinsip kehati-hatian merupakan sebuah prinsip yang mendasarkan pada pemikiran tidak adanya temuan atau pembuktian ilmiah yang konkrit, konklusif dan pasti tidak dapat dijadikan alasan untuk menunda upaya-upaya mencegah kerusakan lingkungan. Prinsip ini merupakan jawaban atas kebijakan pengelolaan lingkungan yang didasarkan di awal kegiatan pelaku usaha. Pengaman prinsip kehati-hatian dilakukan melalui kebijakan negara berupa, tindakan pengawasan dan administratif yaitu ijin berlayar kapal tanker di terirorial Indonesia. Akan sangat merugikan apabila bendera kapal yang terindikasi flag of convinience dengan persyaratan mudah dan dibawah standar diijinkan masuk teritori Indonesia. Pembuktian terdahulu pada kapal MT. King Fisher dan MT. Lucky Lady berbendera Malta seharusnya sudah menjadi sebuah pembuktian ilmiah akan dampak dan risiko yang nyata. Pembuktian ilmiah dimaksud dalam unsur kehati-hatian yang tidak dapat dielakkan dalam kasus pencemaran minyak karena kecelakaan kapal tanker dibuktikan melalui kerugian yang berhasil dibuktikan melalui proses penggantian kerugian dari kedua kapal berbendera Malta. Kasus kedua kapal berbendera Malta yang dicarter oleh Pertamina Cilacap keduanya mengalami kecelakaan berkaitan dengan human error.

PENGELOLAAN PERBATASAN ANTARA INDONESIA DAN MALASIA TENTANG TINGKAT EKONOMI DI WILAYAH KEDUA NEGARA

Border governance is a necessity for Indonesia as an archipelagic country bordering maritime and / or land with other countries. Indonesia is located geographically between two continents and two oceans and no less than 17,504 islands. the border region has a very strategic multifunctionality. Politically, border areas provide legal certainty for internal and external sovereignty, both in the context of managing government administration and applying national law and in engaging with other countries. The existence of clarity of this border region will also provide legal certainty for a country for the utilization and management of natural resources contained in its territory for the benefit of the prosperity of the whole community. Border management must also be aimed at the prosperity of the people, especially those living on the border. The development of socio- economic activities to improve the socio-economic well-being of people at the border is very important because it will directly and indirectly strengthen the security aspects at the border. As a & quot;front page & quot; the creation of prosperity at the border will contribute positively to the conditions of security and defense, both regionally and nationally.

PREVENTIVE EFFORTS ON TERRORISM CRIMINAL MANAGEMENT IN INDONESIA

Terrorism is a crime against humanity (Crime Against Humanity), and is a serious threat to the sovereignty of each country because terrorism is an international crime that poses a danger to security, world peace and detrimental to the welfare of the community needs to be done in a planned and sustainable eradication so that human rights many can be protected and held in high esteem. Terrorism has been rife in various countries including in Indonesia, many causes of terrorism in Indonesia are examples such as weak rules in Indonesia, Indonesia's defense system is also considered weak and there are those who support the occurrence of terrorism in Indonesia. In order for terrorism not to occur in Indonesia, rules must be made relating to terrorism that will cause people or perpetrators to commit acts of terrorism. Apart from its legal rules, efforts that can be done by the government are by improving the legal system or renewing the legislation system concerning terrorism and forming a body / apparatus specifically dealing with terrorism. With the establishment of a strict legal regulation, the apparatus or a strict legal entity to deal with terrorism, it is not difficult to commit terrorism in Indonesia. Many want to become terrorists in Indonesia because they are enticed by entering heaven, a luxurious life and a comfortable life in Indonesia, if the rules, legal apparatus and legal system are still weak then terrorism will be difficult to handle in Indonesia.

Volume 2 Issue 1 April 2020

Volume 2 Issue 1 April 2020

IMPOSITION OF SANCTIONS ANALYSIS OF BUSINESS CRIME CRIMINAL ABORTION

Abortion is misconduct when committed intentionally abort way without any obvious reason to do so. Regarding the crime of abortion is regulated in the Act Positive in Indonesia. Perform abortions should not be just anyone do it because they have to kill the fetus in the womb. In this case I raised the issue that is how the imposition of criminal sanctions against perpetrators of criminal acts of abortion and how the alleviation and prevention of criminal acts of abortion in Indonesia.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.

CRIMINAL LAW FORMULATION POLICIES RELATED TO CORPORATE CRIME

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.

LEGAL POLICY REGARDING REMISSION OF CRIMINALS

This study was conducted aiming to find out how the implementation of remission rights for convicts of criminal acts of corruption in Indonesia and how the process of granting remissions against convicts of criminal acts of corruption when viewed from the perspective of Law Number. 20/2001 concerning eradicating Corruption. The research method used in writing this article is normative research that is examining by looking at the law as a norm. First, remission is still a right of convicts to a criminal act of corruption that has fulfilled the specified conditions of good behavior and has been serving a criminal sentence for more than 6 (six) months, but its implementation has been tightened to fulfill the community's sense of justice in accordance with article 34 of Government Regulation Number 99/2012 concerning Second Amendment to Government Regulation Number 32/1999 concerning the Requirements and Procedures for the Implementation of the Rights of Citizens' Guided Prisoners. Second, granting remission to corruption convicts if it is related to Law 20/2001 concerning Eradication of Corruption, the regulation of granting remission to corruption convicts must be reviewed according to the extent of losses incurred due to corruption committed by convicts to further enhance a sense of justice in Public.

LEGAL STUDY OF VISUM ET REPERTUM IN THE STAGE OF THE INVESTIGATION IN DISCLOSING THE CRIME FOLLOW-UP

This study aims to determine and analyze the function of Visum Et Repertum in investigations in revealing rape crime. This type of research is a type of normative juridical research, then the approach in this research is the statutory approach (statute approach), case approach (case approach. As a normative juridical study, this research uses legal materials, consisting of primary legal material, secondary legal material, and tertiary legal material The technique of gathering legal materials used by the study of documents and literature studies The results of the study show (1) the role of the Visum Et Repertum in the examination of a rape crime in addition to assisting investigators in uncovering criminal acts but also plays an important role in the hearing at the hearing, then the effort of the investigator requesting the making of a visum et repertum from the initial stage of the examination of the case is important and must be done. two tools, ma'am The quality required for a judge in deciding a case as this is determined in Article 6 paragraph (2) of Law No. 14 of 1970 concerning the Principal Provisions of Judicial Power, and (2 In Criminal Cases, Visum Et Repertum is located as a valid evidence in Article 184 paragraph (1) of the Criminal Procedure Code. So in this case, investigators should include evidence such as Visum Et Repertum as evidence to strengthen and discover the truth of the occurrence of rape.

JUSTICE ECOLOGY AND SOCIAL JUSTICE AS A BASIS OF PROTECTION AND PRESERVATION OF THE SEA ENVIRONMENT IN INDONESIA'S LEGAL SYSTEM

Correlation of principles in the legal system through the concept of justice (ecological and social justice) is expected to protect the interests of the marine environment. Theory as a basic means used to express systematic relations in social phenomena and nature that will be examined and also a tool of science (tool of science). Principles are fundamental statements or general or individual truths that are used by a person or group as a guide for thinking or acting. The theory of ecological justice and social justice is used to express systematic relationships and scientific tools to explain the importance of the protection and management of the marine environment for the marine environment and its usefulness for humans. This theory is important to discuss in discussing the principle of appropriateness of international law principles into the national legal system. Justice theory will explain the relationship between state responsibility and obligations towards environmental protection and management through the application of legal principles to the marine environment. The principle of protecting the marine environment is considered as the truth that is the basis of thinking and acting in order to protect and manage the marine environment. The theory of ecological justice and social justice is used as a frame of environmental protection and management as expected to be realized through the responsibility of the state which is obliged to protect the interests of the environment and society. The theory of ecological and social justice places the environment as a natural resource aimed at the welfare of society through state responsibility through the concept of fair and proportion. The construction of justice as a basic idea of law in protecting and utilizing the environment and how the designation of the environment for the welfare of citizens in accessing the marine environment.