Lobster as one of the highly valued export commodities in the fishery sector. World demand is quite high, and limited supply results in high selling value of this commodity. Uncontrolled catching, making the population of lobsters was threatened. In 2015, the government issued a Regulation of the Minister of Maritime and Fisheries Affairs of the Republic of Indonesia Number 1 / Permen-Kp / 2015 Concerning the Capture of Lobster (Panulirus Spp.), Crab (Scylla Spp.), And Crab (Portunus pelagicus Spp.) that regulates related to restrictions in lobster management, which was only lobsters of a certain size can be caught. This policy was revised in 2016 with the Regulation of the Minister of Maritime and Fisheries Affairs of the Republic of Indonesia Number 56 / Permen-Kp / 2016 Concerning the Prohibition of Catching and/or Expending Lobster (Panulirus Spp.), Crabs (Scylla Spp.), And Swimming (Portunus Spp.) from the territory of the Republic of Indonesia. This policy expressly states the prohibition of catching lobsters that are in egg-laying conditions and lobsters weighing less than 200 grams or categorized as baby lobsters. This policy aims to maintain the existence and availability of increasingly threatened lobster resource populations. Besides, this policy also aims to increase the added value of lobster babies. In 2019, the government reopened the discourse to export baby lobster, this was assessed by the previous fisheries minister, would threaten the lobster population in its natural habitat and reduce the added value gained by fishermen. This article will analyze normatively related to the policy prohibiting the export of baby lobsters in Indonesia. Is this policy in accordance with the principles of sustainable development to ensure the principle of environmental sustainability? It means that this principle should guarantee that the benefits of lobster can also be felt by future generations as a form of responsibility for the principle of intrageneration.
A dominant position is a situation where a business actor does not have a significant competitor in the relevant market in relation to the market share controlled, or the business actor has the highest position among his competitors in the relevant market in terms of financial capability, ability to access supply or sales, and ability to adjust supply between the demand for certain goods or services (Article 1 number 4 of Act Number 5 of 1999). The law also aims to provide legal certainty, so that it can encourage the acceleration of economic development in an effort to improve general welfare, as well as the implementation of the spirit and soul of the 1945 Constitution of the Republic of Indonesia. The form of abuse of dominant position by PT Forisa Nusapersada in the Pop Ice program The Real Ice Blender is PT. Forisa Nusapersada made IOM and an agreement with the owners of Beverage Kiosks and / or Market Stores not to sell competing products like Pop Ice has resulted in the loss or at least reduce the choice of consumers to get S'Cafe and Milkjus brand products in the market.Research Methodology using the statute approach method by examining the laws and regulations that relate to the legal issues being addressed. Departing from the unfair behavior of business actors above, given the characteristics and impact of the abuse of the dominant position referred to potential competitors and small business actors, The author is expected to better understand the existence of the abuse of a dominant position in a business competition.
AbstrakPenelitian ini bertujuan untuk mengetahui kewenangan Majelis Kehormatan Notaris (MKN) dan implikasi keputusan Majelis Kehormatan Notaris dalam pemeriksaan notaris. Lokasi penelitian dilakukan di Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Sulawesi Selatan. Hasil penelitian menunjukkan bahwa Majelis Kehormatan Notaris berwenang untuk melakukan pemeriksaan dan mengeluarkan keputusan persetujuan atau penolakan terhadap pemanggilan notaris oleh penyidik, penuntut umum, atau hakim. Adanya permohonan pemeriksaan dari penyidik, penuntut umum, atau hakim maka MKN Wilayah akan membentuk majelis pemeriksa untuk memanggil, memeriksa, dan mendengarkan keterangan langsung dari notaris. Hasil pemeriksaan dari Majelis Pemeriksalah yang kemudian menjadi acuan MKN Wilayah untuk memberikan persetujuan atau menolak permohonan pemanggilan Notaris oleh penegak hukum. Keputusan persetujuan atau penolakan Majelis Kehormatan Notaris Wilayah merupakan keputusan final dan tidak ada upaya lain yang dapat ditempuh bagi notaris ataupun penegak hukum sehingga akibatnya pihak-pihak terkait harus menjalankan keputusan tersebut. Bahkan berdasarkan ketentuan Pasal 66 Ayat (3) dan (4) UUJN ditentukan bahwa jika dalam jangka waktu 30 (tiga puluh) hari. MKN Wilayah tidak memberikan jawaban maka dianggap memberikan persetujuan. Dengan demikian proses pemanggilan harus tetap dilaksanakan. Hal ini dapat merugikan notaris, karena seharusnya MKN Wilayah dapat menyatakan sikap atau pertimbangannya.Kata Kunci: Keputusan, Majelis Kehormatan Notaris, Notaris AbstractThis study aimed to determine and analyze the authority of the Notary Public Honorary Board (MKN) in the investigation of the notary and to know and analyze the implications of the Decision of the Notary Honorary Board in the investigation of notaries. The location of the research was conducted in the Regional Office of the Ministry of Justice and Human Rights of South Sulawesi. The results of the study indicate that the Honorary Board of Notary is authorized to conduct an investigation and issue a decision on approval or rejection of a call of a notary by an investigator, public prosecutor or judge. With the existence of an investigation request from the investigator, public prosecutor, or judge then the Regional Notary Honorary Board will form an investigator board to call, examine, and listen to the direct statement from the notary. The result of an investigation from the Investigator Board then becomes the reference of Regional MKN to give approval or reject the request of the notary calling by the law enforcer. The decision of the approval or rejection of the Regional Notary Honorary Board of the Notary is final and there is no other attempt that can be taken by the notary or law enforcers so that the parties concerned must follow the decision. Indeed, based on the provisions of Article 66 Paragraph (3) and (4) of Law on Notary Position (UUJN) it is stipulated that if within 30 (thirty) days. Regional MKN does not give an answer it is considered to give consent. Therefore the calling process must keep running. This may harm notary, because it is supposed that Regional MKN can state its position or consideration.Keywords: Decision, Honorary Board of Notary, Notary
The legal work involved in systemic bank restructuring is an essential element of the government's microeconomic efforts. The existence of foreign banks in Indonesia is developing related to business and investment needs, where Indonesia is very need foreign capital but the presence of foreign banks in Indonesia from a legal perspective continues to experience problems, such as regarding the term of foreign banks. The research was conducted using a normative-legal research method. The research site was conducted at Bank Indonesia, the Office of the Financial Services Authority, the Office of the Deposit Insurance Corporation, the Indonesian Ministry of Foreign Affairs. The results show that the legal status of foreign banks in terms of two aspects, namely legal personality and legal capacity. Personality legal of foreign banks in Indonesia are branches or representatives of banks domiciled abroad, have license to operate in Indonesia according to applicable regulations in Indonesia, have rights, obligations and responsibilities that must be conducted according to the law in Indonesia. Legal capacity of foreign banks in Indonesia is a form of foreign bank legal entity following the form of its head office legal entity abroad. Supervision of foreign banks is conducted through coordination and cooperation between the host supervisory authority and home country as the main requirement for the effective supervision and operation of foreign banks and settlement of disputes can be made based on an agreement between the two parties to settle it with an international arbitration body, namely if the dispute resolution process is the court's authority in the country concerned.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.