Ong Argo Victoria
International Islamic University Malaysia

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PRACTICE OF ANIMALS TRADING IN ISLAMIC LAW & POSITIVE LAW OF BIOLOGICAL RESOURCES & ITS ECOSYSTEMS As'ari Taufiqurrohman; Ong Argo Victoria; Nur Fareha Binti Mohamad Zukri
International Journal of Law Society Services Vol 1, No 2 (2021): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.087 KB) | DOI: 10.26532/ijlss.v1i2.19864

Abstract

Indonesia is a country that is very rich in the diversity of its natural resources. Both in terms of flora and fauna. However, Indonesia is an emerging country for the circulation of endangered animals that have been protected by law. The Animal Market is one of the places where several protected animals are circulated. In this study, the authors found a unique incident in the practice of buying and selling endangered animals that have been protected by this law, where the practice of buying and selling rare animals is carried out in markets managed by the government, namely under the auspices of the Department of Agriculture, Fisheries and Food. The focus of this research is to find out how the practice of buying and selling endangered animals in the Animal Market and how the review of Islamic law and Act No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Their Ecosystems. Through qualitative research methods and through a juridical normative approach, the researcher tries to uncover the focus of the problem above by going directly to the field to find facts which then leads to an analysis of Islamic law and Act No. 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems. Data were taken through documentation, observation, and interviews. The data that has been obtained is presented in the form of a description in order to obtain conclusions. The results of the study explain that the sale and purchase of endangered animals protected under Islamic law is a sale that does not bring benefits, contains najis, does not belong to the seller wholly, causes damage to nature, and contains fraud. Meanwhile, when viewed from Act No. 5 of 1990 concerning the Conservation of Natural Resources and Their Ecosystems, the practice of buying and selling endangered animals that are protected illegally is a criminal act of wildlife crime in which the legal consequences of this crime are a maximum criminal sanction of ten years in prison and a fine of between 100 million and IDR 200 million rupiahs.
The Efforts of the Royal Thai Domestic Bureaucracy in an Effort to Protest against the Haze/Smog from Indonesia Thaan Neet Bunprakop; Ong Argo Victoria; Firdo Lingga
Jurnal Daulat Hukum Vol 6, No 1 (2023): March 2023
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v6i1.29782

Abstract

This study aims to explain three determinant factors in influencing a country in making policies, especially the kingdom of Thailand. The three determinants of the considerations above have an interconnected role in influencing every consideration of policy makers to make decisions. Where in the domestic context, which consists of domestic politics, economic and military forces play a role together with the international context in shaping the direction of foreign policy. So that these three considerations do not stand separately because they influence each other in the policy-making process. The existence of deforestation and fires in Indonesia has caused significant problems. Because deforestation and forest fires are directly transboundary haze which makes Indonesia a smoke haze contributing country in the Southeast Asian region. Therefore, in relation to forest fires in Indonesia which have become an environmental issue, the Indonesian government also has a responsibility towards cross-border air pollution. Where in terms of international law, state responsibility is an obligation that must be carried out by a country to other countries. So that the Indonesian government in this case has responsibility for cross-border air pollution that occurs in Southeast Asia. The Indonesian government has also ratified ASEAN Agreement on Transboundary haze pollution (AATHP). Therefore, the Indonesian government is trying to solve this problem in a sustainable manner.
The Means of Sea Transportation Budi Mantoro; Ong Argo Victoria
IWJ : Inland Waterways Journal Vol. 2 No. 2 (2020): Inland Waterways Journal (IWJ:October)
Publisher : Politeknik Transportasi Sungai, Danau dan Penyeberangan Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (142.225 KB) | DOI: 10.54249/iwj.v2i1.24

Abstract

Sea transportation as part of the national transportation system needs to be developed in order to realize an archipelago insight that unites all regions of Indonesia, including the archipelago seas as a national territory unit. The development of sea transportation must be able to drive Indonesia's development. Sea transportation makes a huge contribution to the world economy where the transportation of goods is the most important part of the sea transportation business where more than seven billion tonnes of goods are sent by sea every year. The effectiveness of shipping operations will reduce operating costs which will have a big impact on both consumers and transportation service providers themselves. It should be noted that the contribution of sea transportation is becoming increasingly important because the value of the costs incurred is the smallest when compared to the cost of land or air transportation. In addition, efficiency in the transportation and distribution process is one of the important things because the proportion of transportation costs can reach 66% of the total logistics costs. Considering the geographical condition of Indonesia as the largest archipelagic country in the world and two-thirds of its territory is water, Indonesia needs a large enough mass sea transportation to support the distribution of goods and to mobilize passengers. An effective and efficient transportation system that is integrated between transportation modes is essential to create a reliable and dynamic national distribution pattern. It cannot be denied that sea transportation in an archipelagic country such as Indonesia has become the main backbone of the movement of large-scale distribution of goods using ships. From an economic and business perspective, the use of transportation by ships is more effective and has great benefits. So that with the existence of marine transportation infrastructure for moving goods from one place to another, it is hoped that the economic activities of the community will be followed by a positive impact in improving the economy of a region.
The Role of Certification of Indonesian Ship’s Crew Ong Argo Victoria; Bambang Setiawan; Agus Darmawan; Purboyo Purboyo
IWJ : Inland Waterways Journal Vol. 2 No. 2 (2020): Inland Waterways Journal (IWJ:October)
Publisher : Politeknik Transportasi Sungai, Danau dan Penyeberangan Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (161.674 KB) | DOI: 10.54249/iwj.v2i1.27

Abstract

With the demands of seafarers' standards set by the International Maritime Organization (IMO). Global seafarers, including those from Indonesia, must follow the terms and conditions of the 2010 Manila Amendment Standards of Training, Certifitation and Watchkeeping (STCW). The competence of fishing vessel crews is one of the main factors supporting the success of fishing operations. Mastery of crew competence is proven by competency certificates obtained through education and training as well as certification tests for fishing vessel crews by the competent authority. Competency standards for fishing vessel crews must be in accordance with the size of the vessel (vessel length and gross tonage) and the area of the fishing operation. This study aims to examine the gaps that occur between the competency certificates of fishing vessel crews and the prevailing laws and regulations in Indonesia and the contributing factors. Research has been carried out on ships with a size of more than 30 GT at the Nusantara Pelabuhan Ratu Fishery Port and Nizam Zachman Muara Baru Fishery Port, Jakarta. Primary data is obtained from documentary evidence of the crew (BST, Seaman's Book, Ankapin, Atkapin, SKK) who were on the ship. Secondary data were obtained from the ship's crew license, SPB, size of the ship (length and GT), the area of fishing operations and the prevailing laws and regulations on fishing vessel manning in Indonesia. Data processing was carried out using descriptive analysis methods with a qualitative approach. The results showed that the majority of Indonesian fishing vessel crews do not have competency certificates according to applicable regulations. This is due to the dispensation of SPB issuance and the limited time for conducting the certification test. The authorities must firmly determine the deadline for the dispensation of SPB issuance and increase the time and place for certification testing that is easily accessible to the crew.