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I Wayan Budha Yasa
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Law, Crime, Criminology & Criminal Justice

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MODUS OPERANDI PELAKU ILLEGAL FISHING YANG BERDIMENSI TRANSNASIONAL DI INDONESIA I Wayan Budha Yasa
Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research was conducted with the aim to understand the transnational dimension of illegal fishing cases in Indonesia. This study aims to determine the modus operandi in cases of illegal fishing with a transnational dimension. This discussion is based on issues related to illegal fishing with a transnational dimension. This research is normative legal research by prioritizing a case approach. The data used in this study consisted of primary legal material and secondary legal material. The results of this study were analyzed qualitatively and presented descriptively. The results showed that the modus operandi used to carry out illegal fishing that can be known in the case of illegal fishing with a transnational dimension in this study, namely: (1) illegal fishing actors install ‘rumpon’ illegally in Indonesian fisheries management areas; (2) the perpetrator fishes in the Indonesian fisheries management area illegally or does not have a Fishing Business License and Fishing License from the Government of the Republic of Indonesia; and (3) perpetrators carry out illegal fishing by involving other actors who have their own roles. This can be seen from the presence of auxiliary vessels that support fishing efforts; (4) the perpetrator raised the flag of a country to deceive law enforcement officials; (5) vessels captained by perpetrators use trawl nets in fishing; and (6) use foreign skippers and crew.
PENALARAN HUKUM DAN KONSEP HUKUM H.L.A. HART SEBAGAI SOLUSI UNTUK MEREDAKAN GEJALA ANTINOMI DALAM PENEGAKAN HUKUM DI INDONESIA I Wayan Budha Yasa
Jurnal Komunikasi Hukum Vol 9 No 1 (2023): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v9i1.57115

Abstract

Antinomy is a symptom that is difficult to avoid within the scope of the law. Antinomic symptoms can occur in laws and regulations as well as in law enforcement carried out by judges. To relieve antinomic symptoms, a study of the symptoms of the antinomy and solutions is needed. The preparation of this article aims to examine and describe the intermediate antinomic symptoms in law enforcement in Indonesia between expediency, legal certainty, and justice. In addition, the author will also examine the legal reasoning and the concept of law H.L.A. Hart as a solution to relieve the symptoms of the antinomy. Normative research methods are used for the purposes of compiling this article by prioritizing a conceptual approach to analyze the legal material used. The legal material collected as a support for writing this article is qualitatively constructed and presented descriptively. The results of the study show the antinomic symptoms between legal certainty, justice, and expediency are difficult to avoid in law enforcement in Indonesia. One example of the antinomic symptoms is in law enforcement carried out by judges on cases of illegal fishing in the Indonesia EEZ area. To relieve these antinomic symptoms, legal reasoning and the concept of law H.L.A. Hart can certainly be a solution, but good legal reasoning is needed by the judge in his consideration of deciding the case, while for the concept of law H.L.A. Hart must be clear about the existence in the Indonesian legal system.
YUDISIALISASI POLITIK: PERAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN MASALAH KONSTITUSIONALITAS UNDANG-UNDANG PEMILIHAN UMUM I Wayan Budha Yasa
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v9i2.69191

Abstract

This article will be discussed in general about judicialization of politics at the theoretical and practical level in the Indonesian context. Meanwhile, in particular, this article will discuss the role of the Constitutional Court in solving the problem of the constitutionality of the Electoral Law using the concept of judicialization of politics. The purpose of the discussion is to find out for sure whether the role of the Constitutional Court is only limited to resolving the issue of the constitutionality of the Electoral Act or is more likely to show the practice of judicialization of politics. Normative research methods are used for the purposes of this research by prioritizing a case and conceptual approach to analyze the legal materials used. The legal materials collected as a support for this research are then qualitatively constructed and presented descriptively. Based on the results of the discussion, it is known that the practice of judicialization of political dissemination in Indonesia can be seen in the decisions of the Constitutional Court regarding the resolution of the constitutionality of the Electoral Law. The existence of a requirement from the Constitutional Court in determining the unconstitutionality of the provisions of the Electoral Act as contained in the decisions of the Constitutional Court, indicates that the power of the law has entered to regulate the political process. Thus, the role of the Constitutional Court is not only limited to solving the issue of the constitutionality of the Electoral Act, but tends to show the practice of judicialization of politics.
MODUS OPERANDI PELAKU ILLEGAL FISHING YANG BERDIMENSI TRANSNASIONAL DI INDONESIA I Wayan Budha Yasa
Justitia et Pax Vol. 39 No. 2 (2023): Justitia et Pax Volume 39 Nomor 2 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i2.8148

Abstract

This research was conducted with the aim to understand the transnational dimension of illegal fishing cases in Indonesia. This study aims to determine the modus operandi in cases of illegal fishing with a transnational dimension. This discussion is based on issues related to illegal fishing with a transnational dimension. This research is normative legal research by prioritizing a case approach. The data used in this study consisted of primary legal material and secondary legal material. The results of this study were analyzed qualitatively and presented descriptively. The results showed that the modus operandi used to carry out illegal fishing that can be known in the case of illegal fishing with a transnational dimension in this study, namely: (1) illegal fishing actors install ‘rumpon’ illegally in Indonesian fisheries management areas; (2) the perpetrator fishes in the Indonesian fisheries management area illegally or does not have a Fishing Business License and Fishing License from the Government of the Republic of Indonesia; and (3) perpetrators carry out illegal fishing by involving other actors who have their own roles. This can be seen from the presence of auxiliary vessels that support fishing efforts; (4) the perpetrator raised the flag of a country to deceive law enforcement officials; (5) vessels captained by perpetrators use trawl nets in fishing; and (6) use foreign skippers and crew.
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