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Journal : Jurnal Ilmiah Hukum LEGALITY

PERLINDUNGAN HUKUM TERHADAP IKAN HIU DAN IKAN PARI UNTUK MENJAGA KESEIMBANGAN EKOSISTEM LAUT INDONESIA Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (275.31 KB) | DOI: 10.22219/jihl.v24i2.4273

Abstract

The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesia’s marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.
PENERAPAN MODAL SOSIAL DALAM PRAKTEK PERADILAN YANG BERBASIS KEPEKAAN SOSIAL Aditya, Zaka Firma
Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (493.889 KB) | DOI: 10.22219/jihl.v25i2.6002

Abstract

The judiciary is an institution that should reflect on justice sought by justice seekers. But the fact is different; justice becomes one of the institutions with a high level of public distrust. The actual social capital has been present and is present in the community but has not yet been functioned and used further, especially by law enforcement officers making law enforcement in Indonesia far from expectations. In fact, the concept of modern justice has been triggered at international meetings that not only prioritize formal legal aspects but also the intellectual, emotional and spiritual aspects of law enforcement as well as social capital. In an effort to bring about a legal state with progressive legal practice will greatly depend not only on good legislation but much more dependent on law enforcement officials as implementers of the law
THE LEGAL PROTECTION AGAINST TERRORISM SUSPECTS IN INDONESIA (CASE STUDY OF THE ARREST PROCESS OF TERRORISM SUSPECTS BY DENSUS 88) Al-Fatih, Sholahuddin; Aditya, Zaka Firma
Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (323.089 KB) | DOI: 10.22219/jihl.v27i1.8954

Abstract

Terrorism is a form of extraordinary crime that not only leads to lives and material losses, but also creates a continuing fear in society. Backed by the many cases of terrorism with suicide bombing mode, especially in the case of Bali Bombing 1 and 2, then born special datachment 88 (Densus 88) which has the obligation to combat terrorism. Unfortunately, in cracking down on the perpetrators of terror, even those still suspected as terrorist suspects, Densus 88 often uses violence and even shoots off on the spot. The late Siyono was one of the victims of repressive measures carried out by Densus 88. In other cases, Densus 88 is also often proven to mis-arrest after the suspect has lost his life. This condition is certainly contrary to the spirit of democracy and efforts to guarantee human rights protection in Indonesia. This paper discusses: (1) the Standard Operational Procedure of terrorist suspected arrest process by Densus 88 and its comparison with anti terrorism agency in other country; and (2) Guarantees and legal protection in the fulfillment of the rights of suspected terrorists.
The legal protection system of indigenous peoples in Southeast Asia Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.27619

Abstract

Globalization has a bad impact on the indigenous peoples in Southeast Asia countries. The demands of globalization have led the governments in Southeast Asia countries to exploit and industrialize indigenous regions excessively, resulting in marginalized indigenous peoples and the threat of extinction. Not intended for the benefit and welfare of indigenous peoples, the policy made by the government in several Southeast Asia countries did much to reduce the value of humanity and the rights of indigenous peoples. Even with rapid industrialization in Southeast Asia countries, many indigenous peoples are poor, left far behind, and illiterate due to isolation from the outside world. This paper aims to analyze the legal protection of indigenous people in Southeast Asia, especially in facing digital age. By normative juridical method, this paper found that the government and developers' exploitation of indigenous peoples in the region has always been laden with conflicts between the government, the developers (economic motive), and indigenous peoples, and such conflicts of interest are usually won by the interests of the government and/or developers. Indigenous peoples' right to sue for damages caused is sometimes hampered with difficulty simply because the government holds powerful and dominant standing in courts. Moreover, most countries in the Southeast Asia region does not have customary courts in their judicial institution.