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The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia Apr 2024

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 …


Gender Inequality Against Women Fishers In Indonesia, Ani Purwanti, Dyah Wijaningsih, Muh. Afif Mahfud, Aga Natalis Jan 2023

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 …


An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product, Zaid Zaid Aug 2022

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 …


Komnas Ham's Human Rights Jurisdiction Over Businesses Involved In The Haze Crisis, Iman Prinhandono, Nadirsyah Hosen, Kelly Boom Apr 2021

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 …


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 Aug 2020

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 …


Book Review Maritime Security And Indonesia: Cooperation, Interests And Strategies, Aristyo Rizka Darmawan Apr 2020

Book Review Maritime Security And Indonesia: Cooperation, Interests And Strategies, Aristyo Rizka Darmawan

Indonesia Law Review

Senia Febrica in her book Maritime Security and Indonesia: Cooperation, Interests, and strategies provides a deep analysis of the maritime security challenges of Indonesia and how Indonesia responds to it. Indonesia as the largest archipelagic states in the world with a vast maritime zone ranging from archipelagic water, internal water, contiguous zone, continental shelf, and exclusive economic zone are facing a lot of threat from outside as well from inside Indonesia. Moreover, the fact that Indonesia is located in a strategic location for international trade routes such as Malacca strait made Indonesia’s strategies in dealing with maritime security threats more …


The State Responsibility On The Iuu Fishing : The Reflection Of The 2015 Itlos Advisory Opinion On Iuu Fishing And Its Relevance To Indonesia, Siti Noor Malia Putri Aug 2018

The State Responsibility On The Iuu Fishing : The Reflection Of The 2015 Itlos Advisory Opinion On Iuu Fishing And Its Relevance To Indonesia, Siti Noor Malia Putri

Indonesia Law Review

Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in …


International And Domestic Law Aspects Of Cross-Border Insolvency In Order To Establishing Cross-Border Insolvency Regulation In Asean: Indonesian Perspective, Moch Najib Imanullah, Emmy Latifah, Pramesthi Dinar Kirana Ratri Aug 2018

International And Domestic Law Aspects Of Cross-Border Insolvency In Order To Establishing Cross-Border Insolvency Regulation In Asean: Indonesian Perspective, Moch Najib Imanullah, Emmy Latifah, Pramesthi Dinar Kirana Ratri

Indonesia Law Review

The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the businesses across jurisdictions. Prior to the 1997 economic crisis, insolvency laws in most state economies were generally out of date and irrelevant to the modern commercial needs, particulary the cross-border insolvency matters that has not been well regulated. ASEAN has initiated an integrated economy regional by launching an ASEAN Economic Community on late 2015. It aimed to …


Urgency For Legal Framework On Drones: Lessons For Indonesia, India, And Thailand, Ridha Raditya Nugraha, Deepika Jayakodi, Thitipon Mahem Aug 2016

Urgency For Legal Framework On Drones: Lessons For Indonesia, India, And Thailand, Ridha Raditya Nugraha, Deepika Jayakodi, Thitipon Mahem

Indonesia Law Review

Civilian drones are revolutionizing the skies, ushering in several beneficial possibilities and along with it several questions. From checking damage to a roof and aerial photography to border patrolling and emergency response, drones are increasingly put to civil and commercial use. Such a common use requires regulation. Technology has always grown exponentially, whereas the law governing such technology has to contend with such growth. Developed western countries are not the only ones grappling with reigning in these drones. The unique geographic conditions and national interests of Indonesia, India, and Thailand, find more utility for civilian drones, welcoming in the technology …


Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah Dec 2015

Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah

Indonesia Law Review

Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …


Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi Dec 2015

Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi

Indonesia Law Review

Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …


Maritime Expansion And Delimitation After The Timor Gap Treaty, Marcel Hendrapati Apr 2015

Maritime Expansion And Delimitation After The Timor Gap Treaty, Marcel Hendrapati

Indonesia Law Review

The Timor Gap Treaty on oil and gas management cooperation in some parts of the Timor Sea was full of political intrigues between Australia and Republic of Indonesia, since the treaty which comprises three areas of cooperation was detrimental to Indonesia and it indicated the highest influence of Indonesian Republic by Australia. Renunciation of the treaty due to the independence of Timor Leste after a referendum resulted in the issue of maritime delimitation between Timor Leste and Indonesia. Nevertheless in fact in 2002 the new state declared maritime expansion to a distance of 100 nautical miles measured from the former …


Sustainable Fisheries In Southeast Asia, Melda Kamil Ariadno Dec 2011

Sustainable Fisheries In Southeast Asia, Melda Kamil Ariadno

Indonesia Law Review

Fisheries activity has increased significantly in number. As a result, we might see high investment in fisheries is due to the high demand for fish and fisheries products. Therefore, marine resources as well as other living resources are at risk in being harmed by excessive fisheries activities, for example: the use of trawl. Indonesia, as a Maritime State, need to impose sustainable fisheries because the principle of utilizing sustainable fisheries resources as adopted in the Law on Fisheries (Law No. 31 Year 2004 as amended by Law No. 45 Year 2009) to control fishery activities.Fishery activities are regulated not only …