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All Journal Supremasi Hukum Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Fatkhul Muin
Fakultas Hukum, Universitas Sultan Ageng Tirtayasa
Humanities Law, Crime, Criminology & Criminal Justice

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Eksistensi UNCLOS 1982 dalam Upaya Penegakan Hukum Laut Internasional di Perairan Negara Pantai Yulia Wiliawati; Danial Danial; Fatkhul Muin
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.17064

Abstract

The United Nations Convention on the Law of the Sea 1982 (UNCLOS 82) is an international treaty resulting from the United Nations Conference on the Law of the Sea. The Law of the Sea Convention defines the rights and responsibilities of states in the use of the world's oceans and establishes guidelines for business, the environment, and the management of marine natural resources. The problems are: First, how is the existence of UNCLOS 82 in the efforts to enforce international maritime law in Indonesian waters? Second, how is the implementation of UNCLOS 82 on the Indonesia vs Tiongkok conflict in Natuna? The method used is normative juridical, with an approach to legal principles. while the data analysis is a qualitative juridical analysis, namely analyzing the identification of problems based on secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study are: First, the existence of UNCLOS 82 in efforts to enforce international maritime law in Indonesian waters is regulated in Article 37 (1) UNCLOS 82. Based on the provisions of Article 73 (1) of UNCLOS 1982, the coastal state in exercising its sovereign rights can board ships, examine, arrest and carry out judicial proceedings, as necessary to ensure compliance with the laws and regulations established by him in accordance with the provisions of the Convention. Furthermore, Article 73 paragraph (2) of Unclos 1982. The coastal state may be subject to court proceedings, as necessary to ensure compliance with the laws and regulations it has established in accordance with the provisions of this Convention. Second, the implementation of UNCLOS 82 in Natuna includes first, improving the capture fisheries licensing system and mechanism. The number of fishing vessels allowed to operate in a fishing area does not exceed the number of catches allowed (80% MSY) so that the capture fisheries business can take place profitably and sustainably.
LEGAL DEVELOPMENT POLICY DIRECTION IN THE PERSPECTIVE OF SOCIAL JUSTICE Fatkhul Muin
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3328

Abstract

This study focuses on legal development in various aspects of the life of the nation and state. The main dimension in legal development has a negative correlation and a positive correlation for the people. The perspective of authoritarian legal characteristics in legal development will encourage legal development that can damage the order of substantial justice in various aspects of people's lives, so that the law that is built must be based on the urgency of the interests of the community to achieve the ideals of the Indonesian nation as stated in the preamble of the 1945 Constitution of the Republic of Indonesia. The constitutional instrument clearly lays out the main fundamental values in aspects of the life of the nation and state, but in the process of implementing the constitution requires derivative norms that can provide further policy direction for the implementation of the constitution. From this perspective, the dimensions of the rule of law in legal development are illustrated with the aim of creating substantive social justice, not based on the interests of certain parties by placing variable interests in legal development for the welfare of society. This study aims to explore the perspective of legal development to achieve social justice with a legal approach. Keywords: Policy, Legal Development and Social Justice
Co-Authors Siti Helmyati Yulia Wiliawati