Setiaji, Mukhamad Luthfan
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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.
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 : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.40184

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.
Tinjauan Yuridis Hukuman Disiplin Bagi Pegawai Negeri Sipil Yang Menerima Gratifikasi Setiaji, Mukhamad Luthfan
Jurnal JURISTIC Vol 6, No 02 (2025): Jurnal JURISTIC
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i02.6999

Abstract

The capacity to adhere to duties and stay clear of restrictions outlined in statutory regulations is known as civil servant discipline. Accepting gifts associated with their position, such as gratuities, is prohibited for civil officers. Civil servant penalties will be imposed on civil servants who break the restrictions as stipulated in the statute. Utilising secondary data sources and qualitative analysis methodologies, the study employed the normative juridical research method. The findings demonstrated that federal servants would face disciplinary action if they accepted gifts or gratuities associated with their position. Everyone would face harsh disciplinary action, including dishonourable discharge, if it were established that you had broken the rules.
Politik Hukum Dalam Pembentukan Peraturan Perundang-Undangan Tentang Desa Setiaji, Mukhamad Luthfan
MAGISTRA Law Review Vol 7, No 01 (2026): MAGISTRA Law Review
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/malrev.v7i01.7063

Abstract

The state has explicitly acknowledged the existence of villages and indigenous groups through the Law from past till the present. The most recent revision to the village regulations, Law Number 3 of 2024 concerning the Second revision to Law Number 6 of 2014 concerning Villages, has drawn a lot of attention from many facets of society. The People's Representative Council of the Republic of Indonesia (DPR RI) wants the second amendment draft to Law Number 6 of 2014 concerning Villages to be approved prior to the general election (Pemilu) in 2024, even though the most recent village regulations are not part of the priority National Legislation Program (Prolegnas) for 2023. It is fascinating to examine the legal politics and urgency involved in the creation of Law Number 3 of 2024, which amends Law Number 6 of 2014 about villages in the second place. Normative legal research employing secondary data sources and qualitative descriptive analytical methodologies is the research methodology employed in this work. The study's findings suggest that political factors and the need for quick changes to the legislation do not substantially alter the content of earlier rules.