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All Journal Widya Yuridika LEGAL BRIEF
Priyo Amboro, Florianus Yudhi
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Hukum Laut Internasional: Sebuah Hukum Progresif Terhadap Keimigrasian S, Hendra; Priyo Amboro, Florianus Yudhi; Hutauruk, Rufinus Hotmaulana
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5093

Abstract

The movement of people across countries has both positive and negative impacts on society. Globalization has changed the way humans move massively and quickly. Indonesia, as a country with a strategic geographical position between two continents and two oceans, plays a role as a center of human crossing. Indonesia's vast sea area is an important potential to be developed, and President Joko Widodo initiated the World Maritime Axis policy to drive the economy in the sea area. Government agencies in the sea area are part of the ecosystem that supports policies in the sea area. Policies related to law enforcement in the sea area continue to develop along with the expansion of activities at the border. Immigration has a strategic role because it regulates traffic at the state border, maintains state sovereignty, and supports the implementation of sea area policies. This research aims to evaluate the strategic role of immigration by applying a progressive legal theory approach and using normative legal research methods. Progressive law returns the law to its substantial purpose, so that legal changes should not eliminate the substance. This research aims to answer the challenges of the times by adapting the law in accordance with the purpose of the law. In the context of international law of the sea (UNCLOS 1982), this research looks at the strategic role of immigration in law enforcement in the sea area, including the territorial sea zone and additional sea zone. The cooperation of law enforcement agencies in the maritime area is key to maintaining state sovereignty and security at the border. This research contributes to the understanding of the strategic role of immigration in supporting Indonesia's territorial sea policy.
Effectiveness of Implementation of the 1974 SOLAS Convention Regarding Safety Standards at Public Ports in Batam City Maharani Siregar, Ghea Regita; Priyo Amboro, Florianus Yudhi; Sudirman, Lu
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1247

Abstract

The International Maritime Organization (IMO) held a conference from 9 to 13 December 2002 in London, resulting in an amendment to the international convention on safety of life at sea or Safety of Life at Sea (SOLAS) 1974. This research aims to analyze the effectiveness of implementing SOLAS 1974, analyzing obstacles, and providing solutions in dealing with obstacles in the implementation of SOLAS 1974 at the Public Port in Batam City. The research objects are SCN Batam Public Harbor, BP Batam and 99 Batu Ampar Harbor. The research results were analyzed using the theory of legal effectiveness according to Soerjono Soekanto which consists of five factors, namely the legal factor itself, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors which are the results of the research. From this research it can be concluded that at the SCN Public Port the facilities and infrastructure factors were found to be less effective and other factors were effective, whereas at the BP Batam and 99 Batu Ampar Ports each factor was found to be effective. The obstacle experienced by the SCN Batam Public Port in implementing SOLAS 1974 was support from the Company itself, namely the provision of facilities and infrastructure for. Meanwhile, the obstacle experienced by the BP Batam and 99 Batu Ampar Public Ports in implementing the results of the researchers' field observations was the lack of firmness in law enforcement in the field
Co-Authors Hendra S, Hendra Hutauruk, Rufinus Hotmaulana Lu Sudirman Maharani Siregar, Ghea Regita