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All Journal Mulawarman Law Review Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Grizelda
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Law, Crime, Criminology & Criminal Justice

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Penataan Kelembagaan Keamanan dan Keselamatan Maritim Indonesia Nugraha, Harry Setya; Grizelda
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to unravel the consequences of the acceptance of the concept of Indonesia as an archipelagic state, because the increasing size of Indonesian waters triggers the responsibility of the state to ensure that its territorial waters are free from the threat of maritime challenges, disturbances and obstacles (ATGH). State institutions in Indonesia's territorial waters are currently multisectoral, which has led to widespread problems and negative impacts, because Indonesia's maritime security and safety institutions are not well organized. If left unchecked, Indonesia will not only be unable to play a role and contribute much to maintaining global maritime security and safety. It will also bury its dream of becoming the world's maritime axis. The three main issues in this research are how is the regulation of security and safety of marine areas in terms of international law of the sea? What is the urgency of structuring maritime security and safety institutions in Indonesia? What political policies can the government take to organize maritime security and safety institutions in Indonesia? The type of research used to answer these issues is a normative juridical research method with 2 (two) approaches, namely a statutory approach, and a conceptual approach. This research concludes that, first, the consequence of Indonesia's status as an archipelagic state gives Indonesia the authority to regulate its territorial waters in accordance with the provisions of UNCLOS 1982. Second, there are 3 (three) main reasons for the need for structuring Indonesia's maritime security and safety institutions. Starting from philosophical, sociological and political reasons. Third, the political policy that needs to be taken in order to organize Indonesia's maritime security and safety institutions is to form an Omnibus law on the Law on Marine Security and Safety or the Law on the Marine Security Agency.
From Ideals to Realities: Women's Access to Land in The Mining Areas in East Kalimantan Susmiyati, Haris Retno; Harjanti, Wiwik; Grizelda; Atriani, Dewi; Asufie, Khairunnisa Noor
Jurnal Mulawarman Law Review Vol 10 No 1: Mulawarman Law Review - June 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v10i1.1671

Abstract

Land is a basic human right, including for women. As a living space, land occupies a strategic position in the fulfillment of human rights. Constitutionally, women's equal rights to land are guaranteed by law, but in reality, it is neglected and lacks recognition and protection, especially in the natural resource extraction area. Economics that rely on mining extraction have the consequence of widespread ecological and environmental crises that affect people's lives, including vulnerable groups of women. The gender inequality in tenure, ownership, access and control over land has many impacts on women's lives. This research focuses on the law guarantees the recognition and protection of women's human rights to land, and the reality of recognition and protection of women's human rights to land in mining areas. The research findings show that ideally the law provides recognition of equal rights between women and men in access, control, and ownership of land. However, mining regulations provide more convenience for mining business actors, not ensuring protection for the community, especially women. In addition, the male paradigm as the head of the family has led to the marginalization of women in decision-making related to their land and living space. In the midst of conflicts in mining areas, efforts to assert rights and struggle for women's basic rights to land often receive discriminatory treatment and gender bias. The ecological crisis situation is a problem for the protection of women's human rights to land in mining extraction areas.
Co-Authors Asufie, Khairunnisa Noor Atriani, Dewi Haris Retno Susmiyati Harry Setya Nugraha Wiwik Harjanti