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Journal : JURNAL MAGISTER HUKUM UDAYANA

The Concept of Special Judicial Institutions in Dispute Resolution of Village Heads In Indonesia Fauziyah Fauziyah; I Wayan Parsa
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 9 No 4 (2020)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2020.v09.i04.p01

Abstract

The idea of village head dispute resolution through the Special Judicial Institution began with anxiety over Law 6 of 2014 concerning Villages, Government Regulation number 6 of 2014 concerning Implementation of Village Laws, and Minister of Home Affairs Regulation No. 112 of 2014 concerning Guidelines for Election of Village Heads, which has not yet regulated the village head election supervisory institutions and dispute resolution institutions for village head elections. The institutions that are required to complete based on these rules are Regents with a period of 30 days. Regents are political positions which also have many political interests. The existence of this decision had an impact on one of the candidates for the village head. The current practices for resolving disputes over village head elections through the District Court and the State Administrative Court. The purpose of this study to create a concept for regional special judiciary institutions in resolving regional election disputes in Indonesia. This research using a normative juridical approach with a statute approach, history approach and conceptual approach. The results of the study show that by establishing a special independent judicial institution based on local wisdom by prioritizing the principle of kinship and consensus building. The main task of the institution is to assist the regional head in providing alternative legal services, to serve and protect the rights of the parties in seeking truth and justice, and to settle according to a predetermined time, to try to examine and decide on cases of village head election disputes.
Handling of Illegal Fishing Based on Legal Perspectives in Indonesia Fauziyah Fauziyah; Fitriana Dina Rizkina; Ahmad Rihnu Erzal Wahyudi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 3 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i03.p13

Abstract

Indonesia becomes the source of illegal, unreported, unregulated fishing (IUUF) since it is a maritime nation with an estimated 9.9 million tons of fish resources per year. Indonesia forbids IUUF because it violates requirements of the Indonesian Law Number 45 of 2009, the Indonesian Law Number 32 of 2014, and the 1982 United Nations Convention on the Law of the Sea. Sectoral egos amongst domestic institutions, however, are currently impeding the exchange of data and information concerning IUUF, which is hindering the overcoming of IUUF. Thus, the Control Center of Task Force 115, which has the responsibility for organizing interoperability, can be used to build a solution for data and information exchange by creating a platform that can integrate various domestic institutions' facilities into a single data and information center. Then, through the reconstruction of Ministerial Regulation Number 37/PERMEN-KP/2017, the execution of interoperability is described in a regulation. This solution must be implemented to avoid duplication of authority among domestic institutions and the inefficiency of Task Force 115's Control Center's role as the coordinator of the exchange of surveillance data or information about IUUF actors who will or have entered the Indonesian Sea.