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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Werdhi Sutisari
Universitas Padjadjaran
Law, Crime, Criminology & Criminal Justice

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A LEGAL RELATIONSHIP OF PERMITS FOR CREW PLACEMENT IN THE CASE OF HUMAN TRAFFICKING Werdhi Sutisari; Musa Darwin Pane
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5587

Abstract

Trafficking in Indonesia has been regulated in Law Number21 of 2007 concerning the Eradication of Criminal Acts ofHuman Trafficking. Interpretation of TPPO must fulfill theelements of the process, namely recruiting, transporting,sheltering, sending, moving or receiving someone. Inaddition to the elements of the process, it must also fulfill theelements of the method, namely by threats of violence, use ofviolence, kidnapping, confinement, forgery, fraud, abuse ofpower or vulnerable positions, debt trapping or givingpayment or benefits. Then it must also fulfill the element ofpurpose, namely exploitation. This study uses normativelegal research with a conceptual approach, where the researchapproach is based on the views and doctrines that develop inlegal science. Understanding these views and doctrines is abasis for researchers in building a legal argument in solvingthe issues faced. This study also uses a statute approach,namely an approach carried out by examining all laws andregulations related to the legal issue being handled. Then thisstudy, when viewed from its nature, is included indescriptive research. The results of this study are that inestablishing a business entity engaged in the field ofABK/seafarer agency, it must obtain a business license fromthe Ministry of Law and Human Rights, but it must alsoobtain that the business entity must have a business licensefor recruitment and placement of ship crew (SIUPPAK)issued by the Minister. The absence of SIUPPAK in thebusiness entity does not necessarily make a business entitythat does not have a license then charged with allegedattempted TPPO.
The Conflict of Legal Regulations Norms Business License For Recruitment and Placement of Ship Crew Werdhi Sutisari; Musa Darwin Pane
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5810

Abstract

Disharmony in context regulation legislation is a event ,where there are two or more regulations that govern aboutOne the same substance , but each of them regulation the Noown technical equation its arrangement. Disharmonyregulation legislation can also be said existence mutuallyexclusive rules overlap overlap between One regulation withregulation others , so that result in existence oppositionregulation Good in a way vertical or horizontal, andoverlapping overlap regulation the caused by Because too theamount existing laws in Indonesia. There is disharmony lawnaturally result in enforcement existing regulations ,meaning that existence regulation is to organize life society ,but regulations can be No effective while happen disharmonyfrom regulations. This research uses study legal normative ,namely with adopt approach law normative , which focuseson analysis to regulation applicable legislation and conceptslaw . His analysis is descriptive qualitative , with describe ,explain and analyze aspects law with use qualitative . Thepurpose is is to provide an overview in a way comprehensiveabout disharmony regulation legislation. Research result :when it turns out happen conflict of norms, then effort lawsettlement conflict of norms in business permits Ministry ofLaw and Human Rights and Ministry of Transportationwith use First principle preferences . Principles preferencesused in solving conflict of norms that occurs betweenregulation legislation . If associated with principle thispreference , the problems that occur more appropriate useprinciple the third preference namely lex specialist derogatelegi general.
Co-Authors Musa Darwin Pane