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All Journal Jurnal Media Hukum Unes Law Review Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks UNES Journal of Swara Justisia Bengkoelen Justice : Jurnal Ilmu Hukum Journal of Law and Legal Reform
Ferdi, Ferdi
Universitas Andalas
Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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IDEAL MODEL IN IMPLEMENTING THE PROMPT RELEASE PROCEDURE AS AN EFFORT TO OPTIMIZE LAW ENFORCEMENT IN THE INDONESIAN EEZ Ocha Andea Septika; Ferdi; Sri Oktavia
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.47544

Abstract

This article examines the implementation of the Prompt Release Procedure in Indonesia as mandated by Article 73 paragraphs (2) and (3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982). This article aims to answer questions related to how the Prompt Release Procedure is currently implemented in Indonesia and what the ideal model for implementing the Prompt Release Procedure in Indonesia would be as a means of enforcing the law against Illegal, Unreported, and Unregulated Fishing (IUU Fishing) in Indonesia's Exclusive Economic Zone (EEZ). This study uses a normative method supported by empirical data. The approaches used are a regulatory approach, a comparative approach, and a conceptual approach. The results of the study show that currently, prompt release has not been implemented in Indonesia even though its provisions are regulated in Article 15 of the ZEEI Law and Article 104 paragraph (1) of the Indonesian Fisheries Law. Currently, the law enforcement approach used is a criminal approach as primum remedium without first going through administrative mechanisms as mandated by Article 73 of UNCLOS 1982. The model for implementing the Prompt Release Procedure in Indonesia is to make administrative law enforcement the primum remedium against IUU Fishing in the EEZ and the criminal approach the ultimum remedium. Keywords: Prompt Release Procedure, Indonesian EEZ, UNCLOS 1982, IUU Fishing, Administrative Law Enforcement.
Assistance in the Preparation of Tambo Ulayat Books in Nagari Koto Tangah Agam Regency Syofiarti; Kurnia Warman; Ferdi; Zefrizal Nurdin; Titin Fatimah
Warta Pengabdian Andalas Vol 33 No 2 (2026)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/jwa.33.2.211-223.2026

Abstract

The preparation of the land registry book is one of the land management instruments mandated by Regulation of the Province of West Sumatra Number 7 of 2023. This service activity aims to enhance the capacity of the Nagari Government and KAN in preparing the land registry book in Nagari Koto Tangah. The method used is Participatory Action Research, with stages including a data-based land inventory and need identification, stakeholder interviews, socialization, technical training, and evaluation through Focus Group Discussions and interviews. The success of the activity is evaluated based on participant participation levels, increased understanding of the Tambo Ulayat preparation mechanism, the ability to identify land management problems, and the achievement of consensus on the follow-up preparation of the land registry book through participatory methods. The results of the activity show that participants can identify the main issues, including unclear boundaries of customary land, the need for more systematic documentation of physical and legal data, and the importance of involving customary community leaders in the data collection process. This activity also produced technical guidelines for compiling the Customary Land Register. It established a joint commitment between the Local Government and the customary authority (KAN) to continue compiling the Customary Land Register as an initial step in administering customary land. These findings indicate that the PAR approach can support the strengthening of customary institutional capacity and local government administration in the participatory management of customary land. However, the long-term effectiveness of implementation still requires further evaluation.
Unwise Criminal Environmental Law Policies In Protecting Aceh’s Customary Forests From Destruction Muhammad Natsir; Ferdi Ferdi; Muh. Din; Akmal Handi Ansari Nasution; Zaki Ulya
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.22464

Abstract

This study critically examines the ineffectiveness of environmental criminal law policies in protecting Aceh’s customary forests from ongoing destruction. Although Indonesia has established a comprehensive legal framework for environmental protection, deforestation within customary forest areas in Aceh persists, indicating weaknesses in policy implementation and enforcement. This research aims to analyze the structural and normative factors that render environmental criminal law policies ineffective, particularly the lack of integration between state law and Aceh’s customary law. Employing a qualitative socio-legal approach, this study draws on statutory analysis, literature review, in-depth interviews, and field observations within customary forest areas in Aceh. The findings reveal that weak intergovernmental coordination, limited recognition of indigenous forest rights, inadequate law enforcement capacity, and minimal utilization of monitoring technology contribute significantly to forest degradation. Furthermore, the disconnect between formal environmental criminal law and customary forest governance undermines community participation and legal effectiveness. This study argues that current policies remain “unwise” because they prioritize punitive approaches without incorporating customary law values and restorative ecological justice. As a policy solution, the study proposes an integrative framework that harmonizes environmental criminal law with Aceh’s customary law, supported by restorative sanctions and technology-based forest monitoring systems. Strengthening indigenous participation and aligning national regulations with local legal traditions are essential to enhancing legal effectiveness and sustainable forest governance. This research contributes to environmental legal scholarship by offering a contextualized model of pluralistic environmental criminal law reform in Indonesia.
Co-Authors Afridah Afridah Akmal Handi Ansari Nasution Anggun Lazuardi Dahlil Marjon Delfiyanti Delfiyanti Edita Elda Fitriati Gunawan Wibisono Joni Afrianto Kurnia Warman Maityus Fajri Muh. Din Muhammad Natsir Muhammad Suhani Nauval Alief Ocha Andea Septika Otong Rosadi Rahmat Hidayat Sri Oktavia Syofiarti Titin Fatimah Yaswirman, Yaswirman Zaki Ulya Zefrizal Nurdin, Zefrizal