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Abdul Hakim
Faculty of Law, Universitas Labuhanbatu
Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

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Journal : journal of social research

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Handling and Enforcement of Illegal Fishing Laws in Indonesia Based on Law Number 45 of 2009 Concerning Amendments to Law Number 31 of 2004 Concerning Fisheries Josept Prayego Matondang; Abdul Hakim; Maya Jannah
Journal of Social Research Vol. 2 No. 4 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i4.808

Abstract

Illegal fishing practices are national in nature which are still difficult to prevent in Indonesian waters and international glass and have not been able to be eradicated without international cooperation. A number of international agreements and cooperation in the field of international law of the sea and fisheries as well as international criminal have not been able to categorize illegal fishing as an international crime. This article discusses related regulations on illegal fishing according to Indonesian national law and examines the urgency of tackling illegal fishing as a crime that is still always discussed nationally and internationally. This article is a normative legal research with a statutory approach that traces relevant national legal instruments until they are analyzed by descriptive methods. The results of the study show that illegal fishing has been regulated firmly and well in Indonesian laws and regulations. Illegal fishing is a crime that has characteristics across national borders. In terms of the implementation of Indonesia's national law, until now there seems to be no coordination between the central government and local governments in establishing a mechanism related to prevention efforts.
Analysis of Criminal Convictions of Perpetrators of Unpleasant Acts Cipta Hatimbulan T; Maya Jannah; Abdul Hakim
Journal of Social Research Vol. 2 No. 4 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i4.813

Abstract

This study aims to find out and analyze the criminal punishment of perpetrators of unpleasant acts. As well as knowing and analyzing the analysis of criminal convictions against perpetrators of unpleasant acts (decision study number: 386 / pid.b / 2013 / pn.rhl). This research is a type of normative research so it can be known that this article can become a rubber article if there is no measure of the extent to which the insult judgment can occur. So the measure is very subjective and based only on the assessment of victims, investigators, and public prosecutors alone.
Defamation and Insult Through Information and Communication Technology Media According to Law No. 19 of 2016 Concerning Amendments to Law No. 11 of 2008 Concerning Electronic Transaction Information Surian Surian; Maya Jannah; Abdul Hakim
Journal of Social Research Vol. 2 No. 4 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i4.824

Abstract

This study examines Defamation and Insult through Information and Communication Technology Media According to Law No. 19 of 2016 Amendments to Law No. 11 of 2008 concerning Electronic Transaction Information which is the Indonesian Formil Law regarding the dissemination of information in the ITE Law, Criminal Code, Press Law, Human Rights Law, KIP Law and Constitutional Court Decision Number: 50 / PUU-VI / 2018, by using Normative Law research methods supported by the Concept approach (conceptual approach), Legislation approach (statue approach) and Case approach (case approach). The results of the author's research show that to be categorized as defamation, it must meet the elements contained in Articles 310 and 311 of the Criminal Code, namely "to be known to the public," meaning that defamation can be criminalized if what is intended is found by the public, according to the Constitutional Court Decision Number: 50 / PUUVI / 2008 which explains Article 27 paragraph (3) of the ITE Law is not a new norm because it must absolutely refer to the basic norms of Articles 310 and 311 of the Criminal Code, But on the contrary, if the element "to be known to the public" is carried out for public interest and self-defense, it cannot be subject to Article 27 paragraph (3) of the ITE Law jo Articles 310 and 311 of the Criminal Code, because journalists carrying out their profession as Journalists for the public interest is a statutory order as stipulated in the Basic Press Law Number 40 of 1999 including as a vehicle for social control that functions to cover, searching, collecting data and broadcasting and disseminating news so that the purpose is known to the public in line with the constitutional mandate contained in TAP MPR Number: XVII / MPR / 1998 concerning Human Rights.
Co-Authors Cipta Hatimbulan T Josept Prayego Matondang Maya Jannah Maya Jannah Surian Surian