The number of violations of children’s rights in the form of exploitation and violence against children is increasing in Indonesia. The increase is due to the lack of understanding of children’s rights from related parties. Repositioning children’s rights is needed because children need a specific right and specific protection under a specific human rights framework, so that they do not lose power when establishing relationships with adults; where at this point, children are very vulnerable to treatment discriminatory. The repositioning of children’s rights is carried out by making a protection and enforcement of human rights as guaranteed constitutional rights, which is based on the understanding that human rights are human rights in toto and not merely as an individual’s legal rights in their capacity as legal subjects that are legally listed in the applicable law. The failure of the government to carry out this obligation is violation by omission.
The policy to realize the sustainable supply of fish (especially marine fish commodities), face the fundamental constraints of seasonal factors, remoteness and characteristic of damaged fish commodities. At the time or harvest season, the production of catch fish can be abundant, but in the famine season, there is the opposite condition. Meanwhile, on the consumer (community) and industry side, fish supply must be available all the time without getting to know the season in constant amount. The research aims to find out the prospect of implementation of national fish logistic system or Sistem Logistik Ikan Nasional (SLIN), especially in Indonesia. This research is an empirical juridical research using statutory uproach approach, conceptual aproach, and comparative approach. Then analyzed using synthesis analysis. The results showed that SLIN implemetasi provide great benefits for national fish production, also directly contribute to the increase of national economic development. SLIN Management can run optimally if there is a synergy between all entities involved in each activity from upstream (production side) to downstream (consumption side). In the framework of looking at best practices for upstream downstream supply chain management of fishery commodities as well as in accordance with the mandate of Minister of Maritime Affairs and Fisheries No. 05/Permen-KP/2014 on SLIN. Thus, the Directorate General of Processing and Marketing of Fishery Products sees the importance of better implementation of SLIN. In the Initial Stage by providing several supporting facilities and involving the main operators and supporting operators in the management of selected locations.
The Covid-19 pandemic has had a global influence on humanity; with restrictions on home-based social activities, a transition to digital media is unavoidable. After the Covid-19 outbreak, a surge in internet activity has led to a spike in cybercrime. One of them is personal data breaches, such as the unauthorised disclosure of personal information to the public or the bulk trade of personal data. The purpose of this paper is to comprehend that the misuse and trafficking of sensitive personal data and its misuse can pose a threat to personal security, which is a violation of human rights, from the perspective of legal sociology theory and a philosophical examination of the formation of the PDP Bill. Although, in principle, the state is obligated to ensure the confidentiality of personal data, several Indonesian laws and regulations governing the management of personal data are deemed insufficient. In addition, the Personal Data Protection Bill (RUU PDP), the legislative framework for addressing the breach and misuse of personal data, was not passed due to worries that the PDP Bill would be a double-edged sword for MPs and their constituents. This issue is analysed using the empirical legal technique, a socio-legal perspective, and a socio-philosophical foundation. Because even though personal data protection is a part of Human Rights, the private sector and the Indonesian government have little motivation and competence to handle personal data. In addition, worldwide underground commercial groups functioning via the dark web, one of the driving causes behind private data unlawful trade regulations, will continue to exist despite removal efforts.
Indonesia is known as a rich country with its forests and various biodiversity. In regard to the issue of forest use and management in Indonesia, there are always pros and cons in how to manage the forest properly. To support the economic sector in Indonesia, the government always optimizes forest functions and clearing forests for the business sector. In practice, Indonesia implements soil-rent theory, zwhich triggers polemics because there is friction with sustainable development goals (SDG). This article is using normative research method. Later on, this article will discuss the gap between the rent soil theory and sustainable development goals (SDGs) with the comprehensively approach to environmental law.
Differences between the littoral states regarding the status of the Malacca Strait result in disharmony and inconsistencies in handling spatial planning and preventing marine pollution in the strait. International cooperation with user countries carried out so far is also not optimal due to conflict of interests. Using a normative juridical approach and secondary data of the provisions of United Nations Convention on the Law of the Sea (UNCLOS) 1982 and the Declaration of the Three Strait States, the Malacca Strait is under the sovereignty of the littoral states and used for international navigation with transiting passage. Spatial planning in the Malacca Strait, which results in overlapping uses for cross-fishing vessels, conservation, and traditional fishing, cannot be performed because the problem of maritime boundary determination has not been resolved by the littoral states. Tripartite cooperation needs to continue to be built through agreements
Purpose: This research aims to reveal that the servitude for economic interest in cross border trade zone can be applied in Southeast Asian countries. This trade cooperation includes the right to carry out certain actions in a country's territory as a place of trade for their foreign citizens. Approach/Methodology/Design: This study was conducted by using the field research and analyzed with descriptive analysis regarding the establishment of interstate trade zones in the border regions of Malaysia and Indonesia. Findings: The results showed that managing the border region it is required to be emphasized by using servitude for economic interest to establish special trade zone for the creation of social justice in the border region. The establishment of a Special Area of Cross Border Trade, as that in Serikin market in Serawak, Malaysia, can be administratively used an alternative in managing the socioeconomic border relations between Indonesia and Malaysia. There are several issues that must be examined as the implications of the establishment of border trade zones. Practical Implications: It is necessary to make an agreement on a special cross-border trade area to complement BCA and the BTA, in form of the Border Area Agreement (BAA). Originality/value: The trade area in the Serawak border is part of the acculturation of border communities, which requires special consideration in terms of management, legal rights and national jurisdiction. In addition, this kind of trade area is not formed by the Border Cross Agreement (BCA) and the Border Trade Agreement (BTA).
The international watercourse concept is one of the multilateral commitments to maintain water quality and control the utilisation of water. This concept aims to provide preventive measures for water pollution caused by the international community. With the importance of industrialisation, economic activities and uncontrolled use of water significantly impact water quality being polluted and resulting in reduced water discharge. Problems and conflicts will arise if there is an action from one of the States or the international community that violates international provisions. This research uses the normative legal research method. This study aims to examine and criticise forms of violations against international watercourses and discuss them from a legal perspective related to dispute settlement. The findings show that States must act in a fair and equitable manner in the utilisation of international watercourses, and prevent significant harm. Breaches of such obligations require compensation as a form of responsibility.
Climate change has always been a major issue and a long discussion in the international community. One of the tangible manifestations of climate change is rising sea levels. Sea level rise also has a significant impact on small island countries or micro-countries which are geographically small and have very low land elevations. The impact of sea level rise will pose a threat that is quite dangerous for the existence of a small island nation like the Maldives. This article applies normative legal research methods using a conceptual approach, cases and regulations. This study aims to examine the implications of sea level rise on the Maldives perspective and provide options in the form of legal construction to solve this problem. This research found that The UNCLOS does not provide explicit reference against the sea-level rise effected by climate change. However, International community have been making progress to address this issue with a numbers of conferences. This study suggest that The Maldives government should have maximized the implementation of its laws and regulation to mitigate air space pollution coming from GHG Emission. The consistency of its implementation is the important key to mitigate the impact of this sea level rises.
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