Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Journal of Strafvordering Indonesian Journal of Adat Recht
Harly Clifford Jonas Salmon
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Law Enforcement And Socio-Legal Approaches In Combating Destructive Fishing Crimes In Maluku: Policy Analysis, Implementation Challenges, And Community Empowerment Sherly Adam; Harly Clifford Jonas Salmon; Astuti Nur Fadilah
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/23gqwq63

Abstract

Destructive fishing is a form of fisheries crime that causes ecological damage and threatens the socio-economic stability of coastal communities. Maluku Province, a strategic archipelagic region highly dependent on marine resources, faces significant challenges in preventing and combating this practice. This study analyzes the enforcement of destructive fishing offenses through normative-juridical and socio-legal approaches by examining national legal frameworks, the effectiveness of the lex specialis principle, institutional enforcement capacity, and socio-economic dynamics and legal culture among coastal communities. The findings reveal that although national legal provisions offer a strong normative foundation, law enforcement in Maluku remains constrained by geographical barriers, limited numbers of specialized fisheries investigators, and insufficient maritime surveillance infrastructure. Additionally, economic pressure, lack of access to sustainable fishing technologies, and low legal awareness contribute to persistent destructive fishing practices. Addressing this issue requires integrating penal instruments with community-based empowerment strategies, including the revitalization of traditional norms such as sasi laut, capacity-building for enforcement officers, technological strengthening of maritime monitoring, and the development of coastal livelihood alternatives. This study concludes that successful mitigation of destructive fishing depends on the synergy between legal policies, community participation, and sustained institutional strengthening.
Critical Analysis of Customary Law and Community Welfare Judy Marria Saimima; Hadibah Zachra Wadjo; Harly Clifford Jonas Salmon
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/b2vetj66

Abstract

This study aims to critically analyze the role of customary law in improving community welfare, as well as how customary law is accommodated or confronted with the national legal system in the context of development. The method used is the Systematic Literature Review (SLR), which allows researchers to compile and synthesize information from various academic sources systematically, structured, and critically. The research process begins with the formulation of research questions, literature selection based on inclusion and exclusion criteria, evaluation of source quality, to narrative synthesis of the main themes that emerge from the literature, such as customary-based natural resource management, protection of local community rights, and state recognition of customary law. The results of the study show that customary law, as an unwritten legal system that is flexible and contextual, plays an important role in maintaining cultural identity, resolving conflicts, and managing resources sustainably. Although recognized in the constitution, customary law faces external challenges such as modernization and pressure from state law, as well as internal challenges such as potential discrimination and cultural commodification. Therefore, it is necessary to update customary law to be more inclusive and adaptive, as well as harmonious integration with national law supported by government policies, customary leaders, and civil society. This study emphasizes the importance of strengthening customary law as a strategic element in realizing the welfare of indigenous communities in a just and sustainable manner.          
Co-Authors Astuti Nur Fadilah Hadibah Zachra Wadjo Saimima, Judy Marria Sherly Adam