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All Journal Shar-E: Jurnal Kajian Ekonomi Hukum Syariah Priviet Social Sciences Journal
Riandy, Ervin
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Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Pengenaan Sanksi Kurungan Pengganti Denda bagi Pelaku IUU Fishing di ZEE Indonesia Riandy, Ervin; Pustika, Anna Anindita Nur; Christmas, Sandy Kurnia; Serera, Aulia Yuti
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 12 No. 1 (2026): Shar-E : Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v12i1.4704

Abstract

The problem regarding the interpretation of the meaning of imprisonment and corporal punishment as stated in Article 73 paragraph (3) of UNCLOS 1982 has caused differences in judges' decisions against perpetrators of IUU Fishing in the Indonesian Exclusive Economic Zone (ZEEI). On the one hand, there are courts that explain that confinement in lieu of a fine is contrary to UNCLOS 1982, while on the other hand it is said that it does not violate UNCLOS 1982. This study was conducted to provide a legal study of whether the imposition of confinement in lieu of a fine on perpetrators of IUU Fishing in ZEEI. The results of this study, namely according to the interpretation of grammatical and the meaning of words/terms (taalkundige interpretation) and the explanation of legal experts, can be concluded that imprisonment and confinement (including confinement in lieu of a fine) are included in the scope of the prohibition of Article 73 paragraph (3) of UNCLOS 1982, because this punishment eliminates a person's freedom. Courts in Indonesia should be consistent not implementing imprisonment and corporal punishment considering that Indonesia has ratified UNCLOS 1982 and is bound by the principle of pacta sunt servanda. This paper provides proposals to amend the Fisheries Law and Judges are also encouraged to make independent legal discoveries to create substitute criminal sanctions for fines that do not conflict with UNCLOS 1982.
The 1961 vienna convention implementations on eradicating structural discrimination of diplomatic corps towards the protection of female diplomats rights Serera, Aulia Yuti; Azzaulfa, Anisa; Anhari, Radifan; Riandy, Ervin
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.1281

Abstract

The role of female diplomats on the international stage has increased significantly over the last two decades. However, the role of female diplomats remains limited in some areas, such as human rights, international peace, and climate change. They also play a limited role as negotiators, facilitators, and policy designers. This condition leads to the structural discrimination faced by female diplomats. The 1961 Vienna Convention on Diplomatic Relations (VCDR) was formulated to grant all diplomats, including female diplomats, the protection of diplomatic functions and the official status of diplomats. This research adopts a normative-empirical approach to analyze how the implementation of the 1961 VCDR eradicates the structural discrimination of the diplomatic corps towards the protection of the rights of female diplomats. The research findings show that women’s involvement in diplomacy still faces a significant gap in terms of numbers and levels assigned. Female diplomats also face the risk of gender violation and harassment. The 1961 VCDR was formulated as a gender-neutral foundation for diplomatic protection, which means it lacks specific provisions on gender-based discrimination or violence. Consequently, addressing issues such as unequal postings and promotions heavily relies on national policies, labor laws, and international human rights instruments such as CEDAW, rather than the 1961 VCDR directly. The empowerment of female diplomats requires a multi-faceted approach involving both normative efforts and structural reforms.
Tinjauan Yuridis Pengenaan Sanksi Kurungan Pengganti Denda bagi Pelaku IUU Fishing di ZEE Indonesia Riandy, Ervin; Pustika, Anna Anindita Nur; Christmas, Sandy Kurnia; Serera, Aulia Yuti
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 12 No. 1 (2026): Shar-E : Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v12i1.4704

Abstract

The problem regarding the interpretation of the meaning of imprisonment and corporal punishment as stated in Article 73 paragraph (3) of UNCLOS 1982 has caused differences in judges' decisions against perpetrators of IUU Fishing in the Indonesian Exclusive Economic Zone (ZEEI). On the one hand, there are courts that explain that confinement in lieu of a fine is contrary to UNCLOS 1982, while on the other hand it is said that it does not violate UNCLOS 1982. This study was conducted to provide a legal study of whether the imposition of confinement in lieu of a fine on perpetrators of IUU Fishing in ZEEI. The results of this study, namely according to the interpretation of grammatical and the meaning of words/terms (taalkundige interpretation) and the explanation of legal experts, can be concluded that imprisonment and confinement (including confinement in lieu of a fine) are included in the scope of the prohibition of Article 73 paragraph (3) of UNCLOS 1982, because this punishment eliminates a person's freedom. Courts in Indonesia should be consistent not implementing imprisonment and corporal punishment considering that Indonesia has ratified UNCLOS 1982 and is bound by the principle of pacta sunt servanda. This paper provides proposals to amend the Fisheries Law and Judges are also encouraged to make independent legal discoveries to create substitute criminal sanctions for fines that do not conflict with UNCLOS 1982.
Co-Authors Anhari, Radifan Azzaulfa, Anisa Pustika, Anna Anindita Nur Sandy Kurnia Christmas Serera, Aulia Yuti