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This Author published in this journals
All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Ervina Sari Sipahutar
Universitas Al-Azhar
Religion Humanities Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Tinjauan Yuridis Penangkapan Ikan Secara Illegal (Illegal Fishing) Menurut Undang Undang Nomor 45 Tahun 2009 Tentang Perikanan Warsiman Warsiman; Ervina Sari Sipahutar; Anjani Sipahutar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (304.741 KB) | DOI: 10.34007/jehss.v5i3.1551

Abstract

Indonesia is a country where most of its territory consists of oceans with a population whose development continues to increase and can be expressed in meeting the needs of life, especially in coastal areas, such as fishermen who live in coastal areas generally using a source of life from the marine and fisheries sector. Indonesia as an archipelagic country surrounded by oceans has a strategic position and extraordinary potential with territorial waters, both archipelagic waters and inland waters. In addition, the Indonesian seas also include the sea waters of the Exclusive Economic Zone (EEZ). The economic loss caused by the practice of illegal fishing does not only result in loss of state revenues but also loss of opportunities for catching fish by Indonesian fishermen. If examined more deeply, it can be said that illegal fishing causes a lot of losses, not just counting how many fish have been stolen, but the impact is even wider, the financial burden is borne by the state, such as fuel subsidies (BBM) which are ultimately enjoyed by ships. -illegal vessels, reduced non-tax revenue (PNBP), reduced Indonesian fishermen's job opportunities, because illegal vessels are foreign ships that use their own crew (ABK), catches are generally brought directly abroad (country from ships), threats to the sustainability of fish resources because catches are not detected, both in type, size and quantity.
THE INTEGRATION OF DIVINE JUSTICE IN JUDICIAL REASONING WITHIN THE INDONESIAN CRIMINAL JUSTICE FRAMEWORK Irwansyah; Muhammad Juang Rambe; Ervina Sari Sipahutar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : RADJA PUBLIKA

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Abstract

How can the Indonesian criminal justice framework reconcile the tension between rigid formalistic certainty and substantive justice? When positivism in judicial reasoning marginalizes sociological and spiritual dimensions, does it not inevitably precipitate sentencing disparities? Addressing these inquiries, this article examines the intersubjective approach in judicial reasoning (ratio decidendi) to actualize substantive divine justice. Employing doctrinal and philosophical research, this study utilizes statutory, conceptual, and case approaches, focusing on Law Number 1 of 2023 (National Criminal Code) and court decisions. Findings reveal that intersubjectivity transforms judges into active interpreters synthesizing juridical, sociological, and philosophical pillars. This integration institutionalizes Biomijuridika, propelling a shift from retribution toward social equilibrium (blissful laws) via the adjudicative fiat (irah-irah) and judicial pardon (Rechterlijk Pardon). Consequently, judges must cultivate prophetic intelligence to withstand public pressure and prevent impunity. Conclusively, this integration reshapes the ontological and epistemological dimensions of Indonesian criminal law. To mitigate disparities, the Supreme Court should formulate technical guidelines (PERMA/SEMA) defining Rechterlijk Pardon parameters and institutionalize judicial training rooted in prophetic intelligence.
Co-Authors Anjani Sipahutar Irwansyah Muhammad Juang Rambe Warsiman Warsiman