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The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia

Indonesia Law Review

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …

Crisis Communication Management In Law Enforcement Support Agencies (Study Of The Financial Transaction Reports And Analysis Center), Tri Andriyanto, Hendriyani

JURNAL KOMUNIKASI INDONESIA

This study aims to analyze and evaluate crisis communication management in institutions that support law enforcement, with a study at a national institution that supports law enforcement. The analysis is carried out by integrating theories and concepts from crisis communication management in the pre-crisis, during-crisis, and post-crisis stages and their relation to the image restoration strategy that is carried out when a crisis occurs when an institution discloses a case to the public. This study is qualitative research supported by issue monitoring data. Data were obtained through in-depth interviews with internal and external informants as the main data, and document …

Interpol 90th General Assembly And The Securitisation Of Better Police Cooperation With National Central Bureau Jakarta, Marcellino L P Sirait, Ika R. Putranti, Hermini Susiatiningsih

Global: Jurnal Politik Internasional

In the modern age, the police institution is utilised as the primary spearhead to combat multiple sources of possible disruptions for the general safety of the public. The Indonesian National Police (INP) as a member of the INTERPOL takes part in multitude of activities conducted by the international organization. Currently, the Indonesian National Police is facing a rising number in the cases of missing persons, unidentified remains and crimes against children with casualties not only from Indonesian nationalities, but also international citizens. The current shortcoming of national technicalities and mechanism may open up a structured and tangible operational help from …

Natuna Waters: Explaining A Flashpoint Between Indonesia And China, Damos Dumoli Agusman

Indonesian Journal of International Law

Abstract

The Natuna waters have recently been a flashpoint between China and Indonesia as a result of China's vague claim of a nine dash line (9DL). It has caused a number of incidents and standoffs between legal enforcement agencies of both countries and sparked a diplomatic row.

This article explores how the ambiguous claim of a historic right/9DL was gradually introduced by China and then coercively applied in the Natuna waters. It also attempts to identify what China actually claims in the waters. It will then examine how Indonesia under the Jokowi administration responds to the claims, and elaborate what …

Impact Of The Enforcement Of Asean Economic Community On Policy And Strategy Of Sea Transportation Development In Indonesia, Aflah Aflah, Hasim Purba, Suhaidi Suhaidi, Mahmul Siregar

Indonesian Journal of International Law

This study aimed to determine the impact of the ASEAN Economic Community (AEC) on the national shipping industry highly imbalanced with relevant business policies. The AEC agreement is also expected to positively affect the shipping industry while controlling domestic and competing in international activities. In this study, a normative method was used, with the collection of data carried out through literature studies. The Maritime Vision of Indonesia, which is the Policy Direction and Strategy for The Development of Marine Transportation, was also implemented to motivate the country toward becoming the World Maritime Axis. This emphasized becoming a developed, sovereign, independent, …

Study Of Bakamla Ri Building Policy In Order To Implement Maritime Security Enforcer’S Tasks Based On Potential Capability, Pratondo Ario Seno Sudiro, Elsa Aliya Rizqoh Firdaus

Journal of Strategic and Global Studies

Maritime Security is defined as secure and controlled sea by means of free from violation, pollution, and lawbreaking threats. There are several ‘red zone’ areas in Indonesian sea region which contain several kinds of threat. The existence of ‘red zone’ areas shows that Maritime Security in Indonesian sea region hasn’t been realized yet. Law No. 32 of 2014 mentioned Bakamla RI as Maritime Security enforcer in Indonesian sea region. Bakamla RI is Maritime Security enforcer whose task is to enforce nation sovereignty and maritime law except direct invasion. The purpose of this research is building Bakamla RI to implement Maritime …

Resistance On The Sea Boundaries: Smuggling In The Eastern Waters Of Sumatra During Upheaval Times 1946–1961, Mirza Ardi Wibawa

International Review of Humanities Studies

No abstract provided.

Tinjauan Yuridis Prompt Release Procedure Dalam Menangani Tindak Pidana Perikanan Di Zona Ekonomi Eksklusif Indonesia, Haridus Haridus, Sudardi Sudardi, Kresno Buntoro

Jurnal Hukum & Pembangunan

Article 292 UNCLOS is a novel provision, both in the law of the sea and in general international law, as no such provision existed before the Convention was adopted. The purpose of procedure is to reconcile the interests of the detaining State in its measures against the flag State. Generally, the flag State wishes its vessel and its crew released promptly while the interest of the detaining State to secure the court appearance of the Master and the payment of penalties. Under Indonesian law, the procedure regarding prompt release is regulated in the provisions of Article 104 of Law Number …

The Condition Of Possibilities For Asean In Adopting International Norms Against Sea Piracy, Ayu Praditha Poetri, Yandry Kurniawan

Jurnal Politik

The shift of sea piracy trend in Southeast Asia, from primordial piracy to contemporary piracy, has happened for a few decades. To ensure the region remains invulnerable, ASEAN as regional institution adopts two international maritime norms into the region to develop the regional norms against sea piracy. Those norms are the UNCLOS 1982 and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 and its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. This paper explores the process of external norms diffusions with the …

Gender Inequality Against Women Fishers In Indonesia, Ani Purwanti, Dyah Wijaningsih, Muh. Afif Mahfud, Aga Natalis

Indonesia Law Review

This study explores whether or not Law No. 7 of 2016 for the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers discriminates against women. This law supports small fishermen since it requires the government to provide them with financial stability through harvest season output guarantees. On the other hand, we discovered that Law No. 7 of 2016, about the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, has discriminatory consequences damaging the welfare of female fishermen. Because of sociological and cultural bias, female fishermen are the most neglected segment in the fishing sector. This is in …

The Dynamics Of Military-Police Relations In Post-Authoritarian Indonesia (1998 To 2020), Bayu A. Yulianto

Masyarakat, Jurnal Sosiologi

Among myriad significant institutional changes in post-authoritarian Indonesia (1998-present) is the split of Indonesian police (POLRI) from the armed forces (ABRI, renamed into TNI after 1999). No longer locked in a dominant-subordinate configuration, the interaction between both institutions intensified in areas where they intersect. Drawing upon the theory of Strategic Action Field (SAF), this study attempts to capture the dynamics along the newly-established trajectory. It shall be argued that far from being one-dimensional, the relationship between both institutions has been marked by conflict, competition, and cooperation; depending on the SAF. Finally, this research proposes a new framework to assess the …

Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto

Indonesian Journal of International Law

The Indonesian Fisheries Law has determined criminal threats for perpetrators of illegal fishing in the ZEEI. In practice, there are differences in the application of imprisonment instead of fines for Indonesian citizens and foreign nationals who do illegal fishing. Such differences create injustice for Indonesian citizens. The results of the study indicate that criminal law policies in the field of fisheries need to be based on justice, in the sense of equality before the law. Foreign nationals who catch illegal fishing in the ZEEI are subject to imprisonment instead of a fine, while foreign nationals are not. Therefore, the Fisheries …

A Reflection On A Peripheral Movement; The “Save Aru” Social Movement 2013-2015 From A Historical Perspective, Herdi Sahrasad, Al Chaidar, Maksum Syam

Wacana, Journal of the Humanities of Indonesia

This article examines the struggle of the Aru Islands community to preserve their forests and their natural environment in the shape of the “Save Aru” social movement from 2013 to 2015. Today this social movement is still alive and kicking. In 2010, the Aru Islands community was taken by surprise by the plan of a private corporation (PT Menara Group or PT MG) to annex forest areas in the Aru Islands in order to convert them into sugar-cane plantations. Their outrage at this plan spurred the citizens of Aru to fight the might of this corporate and preserve their forests …

An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product, Zaid Zaid

Indonesia Law Review

Over the last 5 years, Indonesia has experienced an emergency of illegal products. Most of them are imported products that do not have adequate labeling standards which can adversely affect both domestic or national trade and stakeholders. On the other hand, product labels are one of the most effective ways to detect the legality, safety, and warranty of a product. This article aims to explore and analyze how the role of product labels can protect and cover social interests. In addition, this research also tries to observe how ethics and laws or regulations regulate product labels to provide a moral …

Intelijen Strategis Bakamla Ri Dalam Melaksanakan Kolaborasi Institusi Keamanan Maritim Untuk Ketahanan Nasional, Muhammad Sutisna, Muhammad Syaroni Rofii Mr.

Jurnal Kajian Stratejik Ketahanan Nasional

Besides being asked to be an Archipelagoc State, almost all of Indonesia's territorial boundaries are surrounded by sea which places these waters as a strategic route because it is passed by international trade routes. Under these conditions, Indonesia must have a defense and security system that is capable of safeguarding its territory to deal with various military and non-military forces. Where a peaceful situation like this is dominated by non-military threats such as illegal fishing, human trafficking, drug smuggling by sea, to accidents and disasters at sea. So it takes institutions that have the power and authority to maintain maritime …

Implementation Of Human Rights Certification As A Request For Human Rights Protection To Workers In The Fishery Industry, Tito Pramudita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The responsibility of the state is one of the important keys in the life of the state, one of which is in labor matters. In its implementation there are several records of violations of human rights in the Indonesian Sea, namely Trafficking in Persons, Forced / Slavery Labor, Child Labor, Overtime and the absence of health insurance. Research Objectives To analyze regulations in Indonesia regulating the protection of human rights for workers in the fishing industry in Indonesia and Fisheries Human Rights Certification contained in the Minister of Maritime Affairs and Fisheries Regulation No. 35 of 2015 has effectively provided …

Maritime Security In South East Asia: Indonesian Perspective, Melda Kamil Ariadno

Indonesian Journal of International Law

Maritime security is an important issue particularly for the archipelagic state. As the largest archipelagic state in the world, Indonesia has its own responsibility to guard its waters from any threat. Indonesian waters have been used for centuries to accelerate international trade. In addition, Indonesia needs to address its boundary problems, handling of piracy, combating Transnational Organized Crime, such as, human trafficking, drugs trafficking, and human smuggling. This article explains on Indonesian perspective of the maritime security in South East Asia.

Praktik Pembederaan Kembali (Reflagging) Pada Kapal Penangkap Ikan, Melda Kamil Ariadno

Indonesian Journal of International Law

The issue of fishing vessel has been a major concern in the coastal state such as Indonesia. In fact it has been considered a serious matter to be governed and regulated in international law regime. United Nations Convention on the Law of the Sea (UNCLOS) 1982 has enacted that there shall be conservation measures especially in regard to highly migratory fish stocks and straddling fish stock. Unfortunately, there is fraudelent practice of fishing vessel to do a “reflagging” as a means to obtain the right to fish by ignoring the conservation measures upon fisheries resources in the high seas. There …

Perkembangan Pengelolaan Perikanan Global, Purwito Martosubroto

Indonesian Journal of International Law

Global fisheries production has been marked by the fast growing pattern of capture fisheries production. During the last five decades marine fisheries production demonstrated an increase of nearly 500% or an annual average increase of 4.5%. this spectacular increase raised a global concern since it accompanied by overexploitation of resources in various parts of the world ocean. This concern has led to a series of negotiation in international arena that resulted in the formulation and finally adaption of the Code of Conduct for Responsible Fisheries in FAO in 1995. Elaboration of the implementation of the Code brought about the formulation …

Piracy In South East Asia: Indonesian & Regional Responses, Hasjim Djalal

Indonesian Journal of International Law

Piracy in high seas has caused a problem itself because there are no particular jurisdictionof any state that governed it. This particular issue falls onto universal jurisdiction in which any state has a jurisdiction to enforce their national regulation about piracy itself. On the other hand, we don’t have sufficient international instrument which obliges the contracting states initiating a cooperation between them to combat piracy. An international cooperation, and even on regional basis (such as ASEAN and Asia-Pacific region) has already taken initiatives to combat piracy. Indonesia, as one of the states involved in international and regional basis regarding combating …

Maritime Asymmetric Warfare In Archipelagic States; The Indonesian Phenomena, Taufik Dwicahyono, Amarulla Octavian, Romie Oktavianus Bura, Gamantyo Hendrantoro, Pujo Widodo

Journal of Strategic and Global Studies

Defending sovereignty within an island nation is relatively more complex than doing so for a continental state. The number of scattered islands makes straits and seas more penetrable, vulnerable points and targets of asymmetric threats at sea. The aim of this research is to illustrate threats at sea and provide solutions in guarding and monitoring Indonesian coastal borders, which currently require more ships and radar technology as well as other sensing equipment due to longer beaches. The results reveal that firstly, potential asymmetrical threats at sea include former WWII mines, underwater fibre cables, and nuclear submarines belonging to foreign countries …

Perlindungan Hak Pekerja Perempuan Melalui Sertifikasi Ham Perikanan Yang Berpersfektif Gender, Hesti Widyaningrum, Adi Nur Rohman

Jurnal Hukum & Pembangunan

Indicators of Human Rights Compliance in Regulations on System and Certification of Human Rights in The Fisheries Sector make Business Actors potentiallyignore The findings of fisheries Human Rights violations that are not included in these indicators, the scopeof indicators of human rights compliance should not be limited also from The findings of Human Rights violations of Fisheries Workers and The method of recovery based on the initiative of The Business Actor as referred to in UNGPs (UN Guiding Principles onBusiness and Human Rights). The narrowness scope, too, has an impact on regulating The Rights Of Women Workers which is not …

Komnas Ham's Human Rights Jurisdiction Over Businesses Involved In The Haze Crisis, Iman Prinhandono, Nadirsyah Hosen, Kelly Boom

Indonesia Law Review

Indonesia’s forest fires have caused a serious haze problem nationally and in the Southeast Asian region, which has caused harm to the rights to life, health and a healthy environment, work, education, and many others. The forest fires largely stem from harmful slash-and-burn methods of land clearing, done at large scales by corporations. Judicial mechanisms have proven ineffective to deter violating corporations and bring justice to victims. From a legal standpoint, Komnas HAM’s quasi-jurisdictional powers allow it to act as a non-judicial grievance mechanism for victims in the haze crisis and against violating corporations. However, issues with the non-binding nature …

Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba

Jurnal Hukum & Pembangunan

Socio-legal studies are the kind of study that presents the point of view to see the law which focuses on the contact more than the texts. By legal socio approach, the problem which will be learned is notonly study to the norms studied or the law doctrine but see the contact detail of the norms and the enactment. How the law work in the public which will be learned by legal socio study. The legal socio study is done by refer to the research result Cotterrell R about the theory and value. Cotterrell enters the value to explain the action …

Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan

Jurnal Hukum & Pembangunan

High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important …

Responsibilities Of States Sponsoring Persons And Entities Who Conduct Activities In The International Seabed Area, Fatma Muthia Kinanti

Indonesian Journal of International Law

The exploitation of seabed has been regulated in the international sea law regime, namely in UNCLOS 1982 and in its modification regulations, the 1994 Implementing Agreement. This regime regulates the sponsorship mechanism whereby companies wishing to carry out activities in the international seabed must cooperate with states participating in UNCLOS 1982. In addition to providing obligations to companies, the international sea law regime also imposes obligations on the sponsoring state. This obligation is related to the steps that the participating states must take to ensure that no violations or damage occur during the project. This article will discuss the legal …

Sovereign Immunity Of Non-Commercial Government Vessels And Due Regard: China Coast Guard In The Natunas, Joy Henri Mangapul, Idris Idris, Chloryne Trie Isana Dewi

Indonesian Journal of International Law

Coastal states possess sovereign rights and jurisdiction within their Exclusive Economic Zone (EEZ), including the exercise of enforcement jurisdiction against foreign vessels conducting violations within the EEZ. However, certain ships are granted sovereign immunity and thus are not subject to coastal state’s jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS) only stipulated that injuries to the coastal state caused by activities conducted by a sovereign immune vessel will engage that vessel’s flag state responsibility. Indonesia had witnessed numerous violations within its EEZ, especially in waters around Natuna Islands. These violations are conducted by Chinese fishing vessels, …

Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan

Indonesian Journal of International Law

Illegal, Unregulated, and Unreported Fishing (IUU Fishing) has grown significantly in the last few decades. This practice certainly has and will undermine global fisheries resources even further. As a result, the international community needs to establish measures to prevent the IUUF through international agreements. Presently, the international communities have formed various organizations, both regional and international (regional fisheries management organizations or RFMO), which shows its attention to the need for sustainable fisheries resources management and to prevent any illegal IUU fishing activity. Therefore, every country is currently seeking the law enforcement model to secure its maritime jurisdictions from any IUUF …

The Necessity To Reform Indonesian Legal Framework On Provisional Arrangement To Combat Iuu Fishing, Yunus Husein, Muhammad Faiz Aziz

Indonesian Journal of International Law

Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before …

A Behavioral Approach To Bilateral Cooperation On Criminal Laws: A Case Study On Indonesia’S Extradition And Mutual Legal Assistance Treaties, Harison Citrawan, Muhammad Fedian

Indonesia Law Review

The effectiveness of bilateral agreements in the context of criminal law enforcement remains highly contested. In the Indonesian context, such bilateral cooperation classifies two modalities of indirect law enforcement systems, namely, extradition and mutual legal assistance (MLA) in criminal matters. This article attempts to explain these modalities through a behavioral and rational approach by taking Indonesia’s MLA treaty with Switzerland and its extradition treaty with the Russian Federation as a case study. From this approach, we argue that the state’s decision to cooperate implies the adoption of control and consensus models. However, these two models were induced by political preferences …