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Journal : Hang Tuah Law Journal

Revise of the Law Exclusive Economic Zone in Indonesia: An Urgent Necessity Pramono, Agung; Adriano, Adriano
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.139

Abstract

Indonesia is an archipelago with massive oceans. In 1982, the United Nations Convention on the Law of the Sea (UNCLOS) was signed in Jamaica. In 1983 the Indonesian government passed Law Number 5 of 1983 concerning Exclusive Economic Zone, and UNCLOS 1982 was set as one of the fundamental considerations in the Law. However, the issue is what is the legal basis of including the UNCLOS 1982 as one of the basic considerations and how these two laws are related. This research employed a normative method aiming to study one of the fundamental considerations of the making of Law Number 5 of 1983 concerning the Exclusive Economic Zone in Indonesia. The results of the discussion show that the inclusion of UNCLOS 1982 as a basis for consideration in making Law Number 5 of 1983 concerning Indonesia's EEZ is problematic from the legal position of the rules. Law Number 5 of 1983 concerning the EEZ of Indonesia needs to be revised by referring to Law Number 17 of 1985 concerning the Ratification of the Convention of The Law of the Sea. This revision is intended to improve the regulation concerning the implementation of sovereign rights and jurisdiction and related regulatory provisions regarding the EEZ of Indonesia in terms of the interest of security on the sea.
Problematics of the Legal Settlement of Connective Crimes in Indonesia Budi Pramono; Pramono, Agung
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.253

Abstract

This research discusses the issue of forming a Joint Decree of the Minister of Defense, Attorney General and Commander of the Indonesian National Army, whether it is in accordance with the provisions of the laws in force in Indonesia. This research falls into the category of normative legal research with a statutory and conceptual approach. The results of the research found that the Minister of Defense, the Attorney General and the Commander-in-Chief have the authority to form a Permanent Team for Investigating Criminal Crimes, but its formation does not involve elements of the Indonesian National Police as investigators of general crimes and certain Civil Servant Investigators as investigators of certain crimes (including Commission investigators). Eradication of Corruption) does not comply with the mechanisms regulated in the Criminal Procedure Code and the Military Justice Law. Conditions like this have the implication of not being able to carry out investigations into general crimes and specific crimes related to connection cases, except for corruption crimes. The issuance of the Joint Ministerial Decree has the implication of creating a statutory law in the process of investigating general crimes in connection cases. In order to fill this statutory law, law enforcers carry out legal smuggling by carrying out a separation process, resulting in the potential for inequality before the law.