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All Journal Lex Scientia Law Review Indonesian Journal of Environmental Law and Sustainable Development
Setiaji, Mukhamad Luthfan
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Law, Crime, Criminology & Criminal Justice

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Human Rights in the State of the Rule of Law: Between Progressive Law and Positive Law Setiaji, Mukhamad Luthfan
Lex Scientia Law Review Vol 1 No 1 (2017): Contemporary Issues of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v1i01.19483

Abstract

Justice is not only interpreted from what is stated in the law and carried out according to the law, but justice also sees how law is something that lives in society. The perspective of Progressive Law is considered by many to be one of the breakthroughs in the deadlock of our law enforcement which only looks at aspects of law in the book. This paper tries to see how progressive legal views actually are in various human rights enforcement in the context of a rule of law that prioritizes statutory regulations and the principle of legal certainty.
Illegal Fishing by Other Countries: Complicated Law Enforcement in Indonesia Febriyanto, Triyan; Setiaji, Mukhamad Luthfan
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58123

Abstract

As an archipelagic country, illegal fishing become one of the challenges faced by Indonesia. This study aims to analyze the complexity of law enforcement in Indonesia in dealing with cases of illegal fishing carried out by other countries. This study confirms and finds that illegal fishing is illegal fishing activity or fishing activity carried out contrary to the provisions of laws and regulations in the field of fisheries. The government has also issued a number of regulations related to illegal fishing, including Law Number 31 of 2004 concerning Fisheries, Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, Law Number 5 of 1983 concerning the Indonesian Exclusive Economic Zone, Law Number 21 of 2004 concerning Shipping, Law Number 6 of 1996 concerning Indonesian Waters, Presidential Regulation Number 115 of 2015 concerning the Task Force for the Eradication of Illegal Fishing, Minister of Maritime Affairs and Fisheries Regulation Number 37/Permen-KP/2017 concerning Standard Operational Enforcement Procedures Law of the Task Force for the Eradication of Illegal Fishing. This study also underlines that in Article 69 of Law Number 45 of 2009, fisheries surveillance vessels can stop, inspect, bring and detain vessels that are suspected or should be suspected of committing violations in the Indonesian fishery management area to the nearest port for further processing. Fishery investigators or supervisors can also take special action in the form of burning and/or sinking fishing boats with foreign flags based on sufficient preliminary evidence.
Co-Authors Febriyanto, Triyan