Recommendation for Authorization Overlaping of Placement of Indonesian Fishing Vessels Crews Abroad

Nur, Muhammad

doi:10.29303/ius.v6i1.532

Cited by 6 publications

(8 citation statements)

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“…In this case, it appears that the legal protection of the crew members from Indonesia is very weak, which leads to human rights violations against them. This is in line with the results of previous studies (Nur, 2018) that the weakness of regulation is also the leading cause of Indonesian fishery crew issues, which include: 3. It is unclear about the central operator institutions in managing the placement and protection of migrant fishing boat crews.…”

Section: Work Protection Agreement and Requirements Regarding The Work To Be Performed (Ilo 2007)supporting

confidence: 91%

“…3) There has been no integration and synchronization of the database for the placement of Indonesian migrant fishing boat crew abroad (Nur, 2018).…”

Section: Resultsmentioning

confidence: 99%

“…The convention is standardization of legal protection for migrant fishing boat crews on fishing vessels internationally. But unfortunately, until now Indonesia has not ratified the convention (Nur, 2018).…”

Section: Resultsmentioning

confidence: 99%

“…The legislation for Indonesian migrant fisheries crew which is regulated in Regulation 12. Cape Town Agreement on Safety of Fishing Vessels 2012 (Nur, 2018).…”

Section: Introductionmentioning

confidence: 99%

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Human Rights Violation Against the Indonesian Migrant Fisheries Crew in Chinese-Flagged Long Xing Vessel

Shalihah

Nur

2021

yst

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<em>This paper </em><em>aimed to analyze</em><em> human rights violations against migrant fishing boat crews with a case study on the Chinese-flagged Long Xing fishing boat. The research method used is empirical legal research using primary data and secondary data. The results showed that there had been human rights violations experienced by migrant fishing boat crews aboard the Chinese-flagged Long Xing fishing boat. These human rights violations have occurred since the pre-employment phase. The act of dumping the bodies of the crew members of Indonesian ships into the sea in the case of the Long Xing Ship violated the provisions of the ILO Seafarers Regulation Article 30 concerning protocol if the crew of the ship died, also violated Indonesia's national regulations, namely the Minister of Transportation Regulation No. 84 of 2013 Article 18 concerning the protocol for repatriating the bodies of crew members. Therefore, Indonesia's Government needs serious improvements to protect Indonesian fishing boat crews by implementing legal protection regarding their rights both before, during, and after Indonesian migrant fishery crew members work abroad</em>

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Section: Work Protection Agreement and Requirements Regarding The Work To Be Performed (Ilo 2007)supporting

confidence: 91%

“…3) There has been no integration and synchronization of the database for the placement of Indonesian migrant fishing boat crew abroad (Nur, 2018).…”

Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

“…The legislation for Indonesian migrant fisheries crew which is regulated in Regulation 12. Cape Town Agreement on Safety of Fishing Vessels 2012 (Nur, 2018).…”

Section: Introductionmentioning

confidence: 99%

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Human Rights Violation Against the Indonesian Migrant Fisheries Crew in Chinese-Flagged Long Xing Vessel

Shalihah

Nur

2021

yst

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“…The state shall guarantee and protect the human rights of its citizens based on the principle of equal rights, democracy, social justice, equality and gender justice, and anti-discrimination (Nur, 2018). Article 3 paragraph (2) of Law No.…”

Section: Article Historymentioning

confidence: 99%

The Diversion for Children Who are Doing Crime of Theft

Sudarwin

2020

JHN

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Introduction to The Problem: This article is based on the problems related to the handling of children in conflict with the existing law so far that it is still not free from treatments that are oriented towards depriving independence. The deprivation of liberty in question even occurs in cases of theft that actually can be resolved through restorative justice through diversion. Purpose/Objective Study: The aim of this research is to find out how the actual regulation of diversion related to criminal acts of theft in Law No. 11 of 2012 concerning the Juvenile Justice System and other related regulations, and how the implementation of diversion concept, especially against criminal theft. Design/Methodology/Approach: This article uses descriptive normative writing methods, namely explaining the facts related to the implementation of diversion in a criminal act of theft, how the arrangements and author's suggestions for the diversion arrangement in the future. The source of the data used is secondary data sources, namely, data sources obtained from literature studies, such as books, journals, newspaper articles, and the internet. Findings: There are problems in Law No. 11 of 2012 concerning the Juvenile Justice System, where diversion provisions are limited only to crimes under 7 (seven) years, which have made many child offenders end up in the deprivation of liberty decisions. Then, the provisions of Article 9 Paragraph (2) of the act that eliminates or does not involve victims in diversion efforts whose losses are below the provincial minimum wage have harmed the concept of restorative justice. So, there needs to be some improvement such as the legislation governing diversion should no longer be limited by providing requirements regarding the implementation of diversion based on the number of penalties but the criminal acts that can be regulated by police regulation, and the diversion should be carried out by bringing together perpetrators and victims without exception.

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The Impact of COVID-19 on Challenges and Protection Practices of Migrant Workers' Rights

Asmorojati

Nur

Dewi

et al. 2022

BESTUUR

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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Indonesia has agreed to the ASEAN Consensus on the Promotion and Protection of the Rights of Migrant Workers. However, many cases have proved the vulnerability of the legal protection for Indonesian migrant workers in Malaysia. In other words, the consensus has not protected the workers. Therefore, this research was conducted to analyze considerations for the regulations designed to protect post-consensus migrant workers. The objective comprised three aspects: analysis of the legislation after consensus, the draft policy that realizes the consensus, and the enforcement based on the draft formulated to safeguard the rights of migrant workers—a normative juridical method used in this research. The results showed that the consensus is a soft law that does not have a binding effect and sanction, causing it vulnerable to a violation, especially among undocumented migrant workers. Therefore, the research recommends bureaucracy reform to reduce the administrative costs for the migrant workers, allowing them to have better legal protection.</p></td></tr></tbody></table></div>

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Recommendation for Authorization Overlaping of Placement of Indonesian Fishing Vessels Crews Abroad

Cited by 6 publications

References 0 publications

Human Rights Violation Against the Indonesian Migrant Fisheries Crew in Chinese-Flagged Long Xing Vessel

Human Rights Violation Against the Indonesian Migrant Fisheries Crew in Chinese-Flagged Long Xing Vessel

The Diversion for Children Who are Doing Crime of Theft

The Impact of COVID-19 on Challenges and Protection Practices of Migrant Workers' Rights

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