Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.21096
Dian Fitri Sabrina, R. Ristawati
The 2019 presidential and vice presidential elections in Indonesia had complicated issues, including broken ballots, multiple voter lists, not registered as permanent voters, political money, transparency, administrative violations, electoral penalties, and high white numbers. These problems indicate that the values contained in the concept of good governance are not implemented in the election process. To analyze the issues, this paper uses normative method. The method is by analyzing the Laws. Especially when related to aspects of law enforcement in the principles of administrative law in good governance. This method will be formulated for implementing good governance in the election process. The results of the analysis have who that the electoral justice is very important to be achieved in the presidential election in Indonesia. the presidential system is in order to strengthen the presidential election. However, the presidential election as one of the recruitment in the Presidential in Indonesia system in election is against justice because do not use a good governance in election process. It is not supporting the electoral justice. Results of previous elections in Indonesia, it was found that the values of good governance have not been well implemented in all stages of the election, both in the pre-election stage, the election process until post-election. Especially when related to aspects of law principle in election. this research will be formulated with good governance system for implemented in election process. The paper will be socialized and implemented in the holding of presidential system election in Indonesia.
{"title":"The Implementation of Good Governance In The Presidential Election In Indonesia","authors":"Dian Fitri Sabrina, R. Ristawati","doi":"10.20473/YDK.V36I2.21096","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.21096","url":null,"abstract":"The 2019 presidential and vice presidential elections in Indonesia had complicated issues, including broken ballots, multiple voter lists, not registered as permanent voters, political money, transparency, administrative violations, electoral penalties, and high white numbers. These problems indicate that the values contained in the concept of good governance are not implemented in the election process. To analyze the issues, this paper uses normative method. The method is by analyzing the Laws. Especially when related to aspects of law enforcement in the principles of administrative law in good governance. This method will be formulated for implementing good governance in the election process. The results of the analysis have who that the electoral justice is very important to be achieved in the presidential election in Indonesia. the presidential system is in order to strengthen the presidential election. However, the presidential election as one of the recruitment in the Presidential in Indonesia system in election is against justice because do not use a good governance in election process. It is not supporting the electoral justice. Results of previous elections in Indonesia, it was found that the values of good governance have not been well implemented in all stages of the election, both in the pre-election stage, the election process until post-election. Especially when related to aspects of law principle in election. this research will be formulated with good governance system for implemented in election process. The paper will be socialized and implemented in the holding of presidential system election in Indonesia.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42798861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.26009
S. Nugroho, Derita Praptirahayu, M. Sari
Fair dealing is one of the important elements in the Industrial Design Legislation. Because of that, it is significant to analyze the concept of fair dealing which can be understood by the society to achieve fairness in the protection of industrial design works. Under industrial design, the concept of fair dealing means that industrial design can be used by other parties for education and research purposes as long as it does not prejudice the interests of industrial design right holders. The purpose of this study is to analyze the value of fairness in the concept of fair dealing in industrial design law, so that it can be used as guidelines for the right holders and the public so they not violate the Industrial Design Law and this Law can also be used to advance the welfare of society. This study is normative legal research by using statute and conceptual approaches. While material used for this study are primary and secondary legal materials. This study found that fairness in the fair dealing in the protection of industrial design can be achieved in the form of fulfilment of balance rights between the designer’s right and society. Fairness for both is if between the right holder and society have the opportunities to use and enjoy available industrial design. Industrial design rights holders have limited monopoly rights and the public has the opportunity to use the results of industrial design in a limited manner for their welfare. This is in line with what Aristotle said that justice is given in accordance with values or propriety that is not the same.
{"title":"Fairness in Fair Dealing on the Industrial Design Protection","authors":"S. Nugroho, Derita Praptirahayu, M. Sari","doi":"10.20473/YDK.V36I2.26009","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.26009","url":null,"abstract":"Fair dealing is one of the important elements in the Industrial Design Legislation. Because of that, it is significant to analyze the concept of fair dealing which can be understood by the society to achieve fairness in the protection of industrial design works. Under industrial design, the concept of fair dealing means that industrial design can be used by other parties for education and research purposes as long as it does not prejudice the interests of industrial design right holders. The purpose of this study is to analyze the value of fairness in the concept of fair dealing in industrial design law, so that it can be used as guidelines for the right holders and the public so they not violate the Industrial Design Law and this Law can also be used to advance the welfare of society. This study is normative legal research by using statute and conceptual approaches. While material used for this study are primary and secondary legal materials. This study found that fairness in the fair dealing in the protection of industrial design can be achieved in the form of fulfilment of balance rights between the designer’s right and society. Fairness for both is if between the right holder and society have the opportunities to use and enjoy available industrial design. Industrial design rights holders have limited monopoly rights and the public has the opportunity to use the results of industrial design in a limited manner for their welfare. This is in line with what Aristotle said that justice is given in accordance with values or propriety that is not the same.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"36 1","pages":"445"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42048294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Constitutional Court of Indonesia has held the followers of the indigenous religion (the Penghayat ) can have their own religious identity on their identity card (ID) in 2016. The 1945 Constitution of Indonesia mentions a non-discriminatory principle which has been applied by the Constitutional Court to this case. However, the implementation of the Constitutional Court decision will face challenges and opportunities on the field. The author has used of both normative and empirical methodology by providing related legal information and the result of the interview with the local leader of the indigenous religion as sources of analysing the issues. As the result of the research shows the following challenges for the implementation of the Constitutional Court decision ; a. unification of the laws, b. lack of affirmative action for the followers of the indigenous religions, c. Lack of the updated and integrated administrative data base of the citizens with the Constitutional Court decision, d. religiously and ethnically based politics effecting the decision of public officials to accommodate public services for the followers of the indigenous religions while the following opportunities of the implementation of the Constitution Court decision are the constitutional recognition and protection of the indigenous community, the existence of the National Ombudsman Commission, the rule law principle in the 1945 Constitution, final and legally binding status of the Constitutional Court decision.
{"title":"The Challenges and Opportunities of the Constitutional Court Decision Implementation on Recognition of the Indigenous Religions in Indonesia","authors":"Uli Parulian Sihombing, M. Safa’at, Tunggul Anshari, Eko Widiarto, Radian Salman","doi":"10.20473/YDK.V36I2.24927","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.24927","url":null,"abstract":"The Constitutional Court of Indonesia has held the followers of the indigenous religion (the Penghayat ) can have their own religious identity on their identity card (ID) in 2016. The 1945 Constitution of Indonesia mentions a non-discriminatory principle which has been applied by the Constitutional Court to this case. However, the implementation of the Constitutional Court decision will face challenges and opportunities on the field. The author has used of both normative and empirical methodology by providing related legal information and the result of the interview with the local leader of the indigenous religion as sources of analysing the issues. As the result of the research shows the following challenges for the implementation of the Constitutional Court decision ; a. unification of the laws, b. lack of affirmative action for the followers of the indigenous religions, c. Lack of the updated and integrated administrative data base of the citizens with the Constitutional Court decision, d. religiously and ethnically based politics effecting the decision of public officials to accommodate public services for the followers of the indigenous religions while the following opportunities of the implementation of the Constitution Court decision are the constitutional recognition and protection of the indigenous community, the existence of the National Ombudsman Commission, the rule law principle in the 1945 Constitution, final and legally binding status of the Constitutional Court decision.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"36 1","pages":"493-508"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42333467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.24724
I. Suta, I. G. A. M. Prabandari, N. L. G. Astariyani
The role of the community is very important in realizing the fulfillment of the right to a good and healthy environment for everyone as part of human rights. The lack of awareness of the disclosure of information on environmental documents to the public in conducting surveillance of activities or businesses that have an important impact on the environment is one of the many violations of environmental law that results in environmental damage and pollution. This paper seeks to examine the importance of information disclosure on environmental documents in supporting the role of community oversight of activities that have an important impact on the environment. The research method used is a normative legal research method with the statutory approach and conceptual approach. The conclusion of this paper discovered that disclosure of information on environmental documents is important as an effort to optimize the role of public monitoring. Environmental documents are used as a guide for detailed information related to compliance with the implementation of activity on its terms and obligations. This disclosure information must be seen as the implementation of the right to access information in support of the implementation of community responsibility for guaranteeing and fulfilling the rights of everyone to a good and healthy environment as a human right so that environmental damage and pollution from activities that are illegal and/or violate their environmental permits can be controlled and prevented.
{"title":"Disclosure of Information on Environmental Documents in Supporting the Role of Public Monitoring","authors":"I. Suta, I. G. A. M. Prabandari, N. L. G. Astariyani","doi":"10.20473/YDK.V36I2.24724","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.24724","url":null,"abstract":"The role of the community is very important in realizing the fulfillment of the right to a good and healthy environment for everyone as part of human rights. The lack of awareness of the disclosure of information on environmental documents to the public in conducting surveillance of activities or businesses that have an important impact on the environment is one of the many violations of environmental law that results in environmental damage and pollution. This paper seeks to examine the importance of information disclosure on environmental documents in supporting the role of community oversight of activities that have an important impact on the environment. The research method used is a normative legal research method with the statutory approach and conceptual approach. The conclusion of this paper discovered that disclosure of information on environmental documents is important as an effort to optimize the role of public monitoring. Environmental documents are used as a guide for detailed information related to compliance with the implementation of activity on its terms and obligations. This disclosure information must be seen as the implementation of the right to access information in support of the implementation of community responsibility for guaranteeing and fulfilling the rights of everyone to a good and healthy environment as a human right so that environmental damage and pollution from activities that are illegal and/or violate their environmental permits can be controlled and prevented.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"36 1","pages":"313"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48070045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.25897
Putera Astomo
The Government’s serious effort to build a National Education System in anticipating the development and progress of the globalization is manifested through making, stipulating and implementing policies related to the education sector, so that to prevent illegal policies, laws and regulations are needed as a juridical basis for these policies especially during the current Covid-19 Pandemic. The making of laws and regulations is called political law. What needs to be emphasized in legal politics is the guarantee of protection for public participation in the formation of laws and regulations. Community participation, if associated with responsive law, implies that the principle of public participation is the main thing in the formation of law for the realization of democratic legal products. Responsive legal politics still creates problems due to the lack of public participation in the making of laws and regulations. Therefore, the research problem is whether the legal politics of the National Education System in the era of globalization is responsive or not? The approach used is normative juridical. The results show that the responsive legal politics of the National Education System in the era of globalization consists of: Law Number 20 of 2003 on the National Education System, Law Number 14 of 2005 on Teachers and Lecturers, Law Number 12 of 2012 on Higher Education, and Circular of the Minister of Education and Culture Number 4 of 2020 on Implementation of Education Policies in the Emergency of Coronavirus Disease (Covid-19) Spreading.
{"title":"Legal Politics of Responsive National Education System in the Globalization Era and the Covid-19 Pandemic","authors":"Putera Astomo","doi":"10.20473/YDK.V36I2.25897","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.25897","url":null,"abstract":"The Government’s serious effort to build a National Education System in anticipating the development and progress of the globalization is manifested through making, stipulating and implementing policies related to the education sector, so that to prevent illegal policies, laws and regulations are needed as a juridical basis for these policies especially during the current Covid-19 Pandemic. The making of laws and regulations is called political law. What needs to be emphasized in legal politics is the guarantee of protection for public participation in the formation of laws and regulations. Community participation, if associated with responsive law, implies that the principle of public participation is the main thing in the formation of law for the realization of democratic legal products. Responsive legal politics still creates problems due to the lack of public participation in the making of laws and regulations. Therefore, the research problem is whether the legal politics of the National Education System in the era of globalization is responsive or not? The approach used is normative juridical. The results show that the responsive legal politics of the National Education System in the era of globalization consists of: Law Number 20 of 2003 on the National Education System, Law Number 14 of 2005 on Teachers and Lecturers, Law Number 12 of 2012 on Higher Education, and Circular of the Minister of Education and Culture Number 4 of 2020 on Implementation of Education Policies in the Emergency of Coronavirus Disease (Covid-19) Spreading.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"36 1","pages":"401"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45545536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.25372
Rio Christiawan
AbstractThis article discusses the enforceability of Article 9 of Law No. 42 of 1999 on Fiduciary Guarantee that allows the use of receivables as debt collateral in business practices in Indonesia. Receivables bound by fiduciary collateral is deemed as a special collateral— in the context of civil law, a special collateral will be prioritized in case the debtor does not voluntarily make when due. In business practices, long-term receivables will be established following an agreement between a debtor and a third party, and the receivables that the debtor is entitled to receive from the third party will be provided as collateral to secure the debtor’s obligations under his loan agreement with the creditor. The issue discussed in this paper is the fact that although theoretically special collateral in the form of receivables should be able to increase the creditor’s assurance of getting repaid, in practice long-term receivables put higher risk on the creditor instead. As comparison, this paper uses the accounts receivables fiduciary in the United Kingdom. The Writing Method used in this paper is the normative juridical approach with a focus on conducting juridical studies regarding the creditors' risk in the use of receivables, specifically long-term debt collateral. This paper shows that receivables that are used as collateral in fiduciary agreements actually put the greatest risk on the creditor; especially if the agreement between the debtor and the third party stipulates that in case the debtor fails to fulfil his obligations, all receivables that he is supposed to receive from the third party will be aborted and become non-existent.
{"title":"The Use of Receivables as Collateral in Business Practices in Indonesia","authors":"Rio Christiawan","doi":"10.20473/YDK.V36I2.25372","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.25372","url":null,"abstract":"AbstractThis article discusses the enforceability of Article 9 of Law No. 42 of 1999 on Fiduciary Guarantee that allows the use of receivables as debt collateral in business practices in Indonesia. Receivables bound by fiduciary collateral is deemed as a special collateral— in the context of civil law, a special collateral will be prioritized in case the debtor does not voluntarily make when due. In business practices, long-term receivables will be established following an agreement between a debtor and a third party, and the receivables that the debtor is entitled to receive from the third party will be provided as collateral to secure the debtor’s obligations under his loan agreement with the creditor. The issue discussed in this paper is the fact that although theoretically special collateral in the form of receivables should be able to increase the creditor’s assurance of getting repaid, in practice long-term receivables put higher risk on the creditor instead. As comparison, this paper uses the accounts receivables fiduciary in the United Kingdom. The Writing Method used in this paper is the normative juridical approach with a focus on conducting juridical studies regarding the creditors' risk in the use of receivables, specifically long-term debt collateral. This paper shows that receivables that are used as collateral in fiduciary agreements actually put the greatest risk on the creditor; especially if the agreement between the debtor and the third party stipulates that in case the debtor fails to fulfil his obligations, all receivables that he is supposed to receive from the third party will be aborted and become non-existent. ","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"36 1","pages":"427"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44817502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.22741
I. Iskandar, T. Andika, Wulandari Wulandari
The purpose of this study is to find a model of nonstructural disaster mitigation policies for landslide-prone settlements in Lebong Regency. The study is a sociological juridical (sociolegal). processing and analysis of primary data, secondary data, information from the results of the FGD and legal documents were carried out in a descriptive qualitative manner. The results of the study show that the implementation of non-structural mitigation policies for residential areas prone to landslides has not been implemented optimally. In implementing such non-structural mitigation policies, there are several obstacles, both internal and external. The non-structural mitigation policy model for landslide-prone settlements, namely that the Lebong Regency Government needs to formulate and determine community-based policy steps, which include: identification and mapping of potential landslide residential areas, increasing community preparedness, increasing community knowledge and capacity, monitoring continuity towards landslide-prone settlements, control/enforcement, maintain environmental balance, pay attention to the carrying capacity and amperage of the environment, compile planning and budgeting, integrate disaster education in primary and secondary school curricula, strengthen regulatory frameworks and establish mitigation SOPs.
{"title":"The Model of Nonstructural Mitigation Policy to the Landslide Prone Residential Areas in Lebong, Bengkulu","authors":"I. Iskandar, T. Andika, Wulandari Wulandari","doi":"10.20473/YDK.V36I2.22741","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.22741","url":null,"abstract":"The purpose of this study is to find a model of nonstructural disaster mitigation policies for landslide-prone settlements in Lebong Regency. The study is a sociological juridical (sociolegal). processing and analysis of primary data, secondary data, information from the results of the FGD and legal documents were carried out in a descriptive qualitative manner. The results of the study show that the implementation of non-structural mitigation policies for residential areas prone to landslides has not been implemented optimally. In implementing such non-structural mitigation policies, there are several obstacles, both internal and external. The non-structural mitigation policy model for landslide-prone settlements, namely that the Lebong Regency Government needs to formulate and determine community-based policy steps, which include: identification and mapping of potential landslide residential areas, increasing community preparedness, increasing community knowledge and capacity, monitoring continuity towards landslide-prone settlements, control/enforcement, maintain environmental balance, pay attention to the carrying capacity and amperage of the environment, compile planning and budgeting, integrate disaster education in primary and secondary school curricula, strengthen regulatory frameworks and establish mitigation SOPs.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43186150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.16546
Mufarrijul Ikhwan, S. Safi, Rina Yulianti
The utilization of coastal space for marine tourist destination has developed very rapidly; unfortunately, this marine tourism management potentially results in conflict. Marine tourism managed by villagers in Bangkalan Regency is the example of potential conflict in its implementation. In Labuhan Village, Sepulu Sub District, Bangkalan Regency mangrove tourism has resulted in conflict of management between the communities in a village. It is well established that public participation is one of variables that can affect supportability of coastal environment for marine tourism development, but non-participative management will affect the sustainability of tourism business itself. The objective of research was to formulate the model of marine tourism management policy through VillageOwned Enterprises (BUMDes). Such policy model is expected to minimize the conflict of spatial management. To achieve this objective of research, a Socio Legal Research type was used with factual and conceptual approaches. The result of research showed that the marine tourism management policy in Madura coastal area is managed more in group by mangrove farmer group, tourism consciousness group (pokdarwis) and community supervisor group (pokwasmas), and only very few have been managed by BUMDes. BUMDes is selected to be a legitimized institution in managing the marine tourism in coastal areas, because BUMDes can stimulate and activate the rural economic wheel managed fully by villagers. Juridical construction of marine tourism management through BUMDes can be legitimized based on Village Act. Village Regulation and legal entity-organization are legal figures underlying the marine tourism management through BUMDes as governed in Village Act and Minister of Village, Transmigration, and Disadvantaged Region’s Regulation about the establishment, the administration and management, and the dismissal of Village-Owned Enterprises.
{"title":"BUMDes as an Alternative Resolution to the Conflict of Marine Tourism Management in Madura","authors":"Mufarrijul Ikhwan, S. Safi, Rina Yulianti","doi":"10.20473/YDK.V36I2.16546","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.16546","url":null,"abstract":"The utilization of coastal space for marine tourist destination has developed very rapidly; unfortunately, this marine tourism management potentially results in conflict. Marine tourism managed by villagers in Bangkalan Regency is the example of potential conflict in its implementation. In Labuhan Village, Sepulu Sub District, Bangkalan Regency mangrove tourism has resulted in conflict of management between the communities in a village. It is well established that public participation is one of variables that can affect supportability of coastal environment for marine tourism development, but non-participative management will affect the sustainability of tourism business itself. The objective of research was to formulate the model of marine tourism management policy through VillageOwned Enterprises (BUMDes). Such policy model is expected to minimize the conflict of spatial management. To achieve this objective of research, a Socio Legal Research type was used with factual and conceptual approaches. The result of research showed that the marine tourism management policy in Madura coastal area is managed more in group by mangrove farmer group, tourism consciousness group (pokdarwis) and community supervisor group (pokwasmas), and only very few have been managed by BUMDes. BUMDes is selected to be a legitimized institution in managing the marine tourism in coastal areas, because BUMDes can stimulate and activate the rural economic wheel managed fully by villagers. Juridical construction of marine tourism management through BUMDes can be legitimized based on Village Act. Village Regulation and legal entity-organization are legal figures underlying the marine tourism management through BUMDes as governed in Village Act and Minister of Village, Transmigration, and Disadvantaged Region’s Regulation about the establishment, the administration and management, and the dismissal of Village-Owned Enterprises.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"36 1","pages":"349"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45546907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.23225
H. Herman, O. Haris, S. Syahbudin
This study aims to analyze the practice of illegal transshipment in compliance with Act Number 45 of 2009 criminal provisions law concerning Fisheries, using legal concept, law, and case approaches. Nowadays, there are various operational modes of fish theft, with poor regulations that maximally accommodate crimes related to fisheries by perpetrators. Therefore, due to its unsustainability and economic loss, the fisheries and marine sector in Indonesia has to improve its performance. The results show that illegal transshipment engages some elements contained in Article 94 and 94A of Act Number 45 of 2009 which was an amendment of Act Number 31 of 2004. According to article 94, when a fishing vessel is caught transferring shipment in the middle of a high sea without in possession of a license called SIKPI, its owner/s are sentenced to 5-years imprisonment with a IDR 1,500,000,000 fine. Meanwhile, according to Article 94A, when a fishing vessel is caught using fake licenses such as SIUP, SIPI, and SIKPI, its owners are sentenced to 7 years imprisonment with a fine of IDR 3,000,000,000.00).
{"title":"Criminal Law Aspect of Illegal Transshipment Under Act Number 45 of 2009 Concerning Fisheries","authors":"H. Herman, O. Haris, S. Syahbudin","doi":"10.20473/YDK.V36I2.23225","DOIUrl":"https://doi.org/10.20473/YDK.V36I2.23225","url":null,"abstract":"This study aims to analyze the practice of illegal transshipment in compliance with Act Number 45 of 2009 criminal provisions law concerning Fisheries, using legal concept, law, and case approaches. Nowadays, there are various operational modes of fish theft, with poor regulations that maximally accommodate crimes related to fisheries by perpetrators. Therefore, due to its unsustainability and economic loss, the fisheries and marine sector in Indonesia has to improve its performance. The results show that illegal transshipment engages some elements contained in Article 94 and 94A of Act Number 45 of 2009 which was an amendment of Act Number 31 of 2004. According to article 94, when a fishing vessel is caught transferring shipment in the middle of a high sea without in possession of a license called SIKPI, its owner/s are sentenced to 5-years imprisonment with a IDR 1,500,000,000 fine. Meanwhile, according to Article 94A, when a fishing vessel is caught using fake licenses such as SIUP, SIPI, and SIKPI, its owners are sentenced to 7 years imprisonment with a fine of IDR 3,000,000,000.00).","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"36 1","pages":"295-312"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46129008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-01DOI: 10.20473/YDK.V36I2.26497
Peter Machmudz Marzuki
The task of court is to produce just decisions. A court decision may be just if it coheres moral. Principle is praxis of moral. This article is to articulate that principle has significant meanings in court’s decisions. This is because principle is a moral standard that serves to be a reference for Court to settle hard cases equitably. In this writing, case approach is employed. In addition, it also uses comparative approach, in which court decisions of different countries are presented. The purpose of using comparative approach is to find similarities in referring to principle despite different jurisdictions and even different legal systems. From this study, it is found that principle may serve four functions to the court to reach equitable decisions. First, it may be a legal basis for the court to settle a case equitably in the absence of legal rule. In fact, not all human conducts are prescribed by law. It is frequently presumed that what is not prohibited is permitted to do. In this study, it is found that what is not forbidden is not necessarily permissible. The corner stone of determining whether or not it is permissible is principle. In this case, principle served to be legal basis directly applied by the court to avoid producing unjust judgment. Second, the principle has the derogatory function to supersede a statutory provision. In this case, applying such a provision may result in decision contrary to moral. This, certainly, contradicts the idea of the establishment of court of justice. It is justified, therefore, referring to the principle, the court supersedes such a statutory provision to bring about a just decision. Third, the principle serves to be a basis for the court to interpret obscure statutory provision governing the case. It is not unusual that statutory provision is obscure or ambiguous. Such a provision is hard to understand. Settling the case governed by such a provision appropriately, the court should interpret the provision sensibly.
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