This study aims to determine and examine the law enforcement of illegal fishing and the factors that inhibit law enforcement of illegal fishing conducted by foreign ships in the sea of Indonesia in terms of international maritime law. The type of research used by the authors in this study is a type of normative legal research. Normative legal research is done by examining the object of the form of legislation or legal norms applicable or applied to a particular legal problem. Concerning the type of research used the approach. The results showed that according to the 1982 International Maritime Law Convention (UNCLOS 1982) law enforcement of illegal fishing has been regulated in Article 73 UNCLOS 1982 while in the Indonesian National Law has been regulated in Article 69 Paragraph (4) law Number 45 of 2009 on Fisheries. Further obstacles to law enforcement are the impenetrable enforcement, lack of insight, and the integrity of law enforcement, and the lack of an active role and awareness of the community to assist law enforcement of illegal fishing in the Indonesian marine territory.
Tujuan dari penulisan ini adalah untuk memberikan penjelasan secara umum tentang metode atau cara-cara penyelesaian sengketa dalam lingkup internasional yang sedang dihadapi oleh negara-negara. Terdapat berbagai cara bagi suatu negara untuk menyelesaikan suatu sengketa internasional dan tergantung kepada masing-masing negara tersebut untuk cara penyelesaiannya apakah memilih penyelesaian dengan melalui cara damai atau sengketa tersebut akan diselesaikan dengan membawanya ke muka pengadilan internasional. Pada prinsipnya untuk penyelesaian sengketa dalam lingkup internasional baik melalui jalan damai atau melalui pengadilan internasional, negara lain yang tidak berkepentingan terhadap sengketa tersebut tidak diperkenankan untuk ikut campur dalam penyelesaian sengketa internasional tersebut dalam bentuk apapun. Kata Kunci: penyelesaian sengketa internasional, prinsip, metode.
The research aims to analyze the legal protection of women victims of trafficking in Indonesia in an international human rights perspective. The type of research used is empirical normative legal research. The data obtained from this study is primary and secondary data obtained from the results of field research and literature analyzed and reviewed its legal relevance and used to decipher conceptions and theories used in this study, then the data obtained is analyzed qualitatively through a statute approach and conceptual approach. The results of this study show that the legal protection of women victims of people trafficking in the perspective of International Human Rights is found in Act of number 21/2007 about the Eradication of People Trafficking Crimes, but the provision of a form of protection against female victims is not supported by implementing regulations, such as government regulations.
The emergence and rapid development of information and communication technology has brought about various opportunities and challenges. One of them is the active interaction between individuals and the digital-based information service providers. In modern economic development, related information including personal data or also known as digital dossier—the collection of large amounts of an individual’s information using digital technology—are valuable assets due to their high economic value since they are widely utilized by businesses. In this regard and due to the increasing number of cellphone and internet users, there is a need to study the issues on the importance of protecting one’s personal data. In Indonesia, there is no specific regulation regarding the protection of personal data. Therefore, it is essential to come up with specific and comprehensive legislation related to personal data protection as legal basis for better implementation of personal data protection in Indonesia in the future. The purpose of this research is to find out and analyze the current policies on protection of personal data of internet users in Indonesia. This study uses a normative juridical method with a statutory approach and utilizes literature study. The result shows that the concept of personal data protection implies that individuals have the right to determine whether one will join an online community, share or exchange personal data with another, and the conditions that must be met in order to do so. The study likewise found that the threat of personal data leakage is increasingly occurring because of the development of the e-commerce sector in Indonesia.
The government needs to restructure the institutions that are responsible for prosecution and the calculation of appropriate compensation to avoid the time-consuming and complicated process of calculating losses and need to establish a loss adjuster agency. The Coordinating Ministry for Maritime Affairs is expected to be the coordinator, coordinating other agencies based on a marine data base and a method of calculating compensation for all existing resources. It is necessary to create a special procedural law system for environmental compensation considering the application of the precautionary principle, the polluter pays principle and strict liability in cases of tanker oil pollution which have special characteristics given the civil responsibility and liability for Protection & Indemnity (P&I) insurance.
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