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EKSISTENSI KLAUSULA PELARUNGAN BAGI SEAFARER DI INDONESIA Sintong Arion Hutapea; Winanda Kusuma; A. Cery Kurnia
UNES Law Review Vol 4 No 2 (2021): UNES LAW REVIEW (Desember 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i2.217

Abstract

In the world of shipping, seafarers are bound by a Seawork Agreement (PKL) which contains requirements that must be obeyed by the parties. This includes a clause that is included in the seafarer's employment contract. Implications arising from the burial of the seafarer's corpse. The existence of a banning clause in the seafarer's employment contract. The role of the state in providing legal protection for seafarers from confinement. The ban must meet 4 formal requirements. The unbalanced bargaining position makes entrepreneurs and seafarers as parties ban clauses can appear in street vendors. Finally, the seafarer inevitably has to obey the PKL that has been agreed with the entrepreneur. States intervenes in ensuring the protection of human rights for seafarers from the prohibition clause, it needs to be done by making changes to the legal system which includes the legal structure, legal substance and legal culture
Perlindungan Hukum Terhadap Satwa Terancam Punah Di Indonesia : Bagaimana Ikan Air Tawar Endemik Bangka Belitung bunga; winanda Kusuma; Ave Agave Situmorang
Supremasi Hukum: Jurnal Penelitian Hukum Vol 32 No 2 (2023)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.32.2.161-176

Abstract

The purpose of this study is to analyze forms of protection for rare and endangered species. Moreover, to find out the mechanism for determining the protection of rare and endangered animals. The research method was carried out normatively with a statutory and conceptual approach. The results show that Indonesia already has several laws protecting animals, especially aquatic biodata. The protection is in the form of full protection and limited protection. Unfortunately, the endemic freshwater fish of Bangka Belitung has not received protection status in Indonesian laws and regulations. Furthermore, the determination of fish species protection status is carried out through a. initiative proposals, b. verification of proposals, c. public consultation, d. policy analysis, e. scientific recommendations, and f. determination of fish species protection status. Moreover, the Minister of Maritime Affairs and Fisheries assigns a status category to the type of protection. Local governments are also given the authority to determine limited protection