Jurnal Ilmiah Hukum LEGALITY
Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.
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<![CDATA[DIPLOMASI SOFT POWER ASIMETRIS BERBASIS SUMBER DAYA KELAUTAN LINTAS BATAS DALAM PENYELESAIAN SENGKETA LAUT CINA SELATAN ]]>
<![CDATA[Tahegga Primananda Alfath]]>;
<![CDATA[Riyo Lian Nugroho]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[South China Sea (SCS) conflict starting from the issuance of new maps by People’s Republic of Tiongkok in 1947, mostly claim SCS territory to bring imaginary line called the nine dash line that is based on the historical aspect. Under the UNCLOS, a claim over a territory that is based on stale Historical not justified. The nine-dash line where tensions among countries in the Neighborhood SCS, including Indonesia. There are several peaceful dispute settlement mechanism of UNCLOS including conciliation, binding settlement, arbitration, special arbitration. SCS dispute settlement should use the methods of peaceful settlement that called diplomatic win-win solution. Asymmetric soft power diplomacy that takes into account the interests of both countries and organizations will be able to be an alternative dispute resolution SCS protracted, with a record of win-win solution can be felt directly to their dispute. The method used is using the method with the approach of the Statute Law Research Approach and Conceptual Approach, supported by Legal Materials Primary and Secondary Legal Materials.]]>
<![CDATA[PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT ]]>
<![CDATA[Indien Winarwati]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.]]>
<![CDATA[KEBIJAKAN PENGELOLAAN PERIKANAN TANGKAP BERBASIS KEBERLANJUTAN MEWUJUDKAN INDONESIA SEBAGAI POROS MARITIM DUNIA ]]>
<![CDATA[Indra Yulianingsih]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Management of fish resources (SDI) as a source of natural resources devoted to the people's welfare. Control of the fish resources are directed to the achievement of benefits for the greater prosperity of the people. Fisheries sector can serve as a leading sector in an effort to make Indonesia as the world's maritime axis. Therefore, it must be realized that fisheries management with reference to the principles of sustainable development of marine resources by basing on Agenda 21 of the UN Conference of 1992 on Environment and Development, or the Earth Summit in Rio de Janeiro, Brazil. For that, we need an improvement in the regulation of marine policy. Rights-based Licensing system or rights-based access (allocation of rights to use formal) is an alternative that should be explored, so that everyone has equal access without an incentive to maintain its sustainability.]]>
<![CDATA[KEBIJAKAN PENGEMBANGAN KONSEP SEA GATE INTERNATIONAL (SGI) GUNA MEWUJUDKAN KEMANDIRIAN MARITIM INDONESIA ]]>
<![CDATA[Galuh Wahyu Kumalasari]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The idea of the Indonesian Autonomy of maritime shows that Indonesia is not yet self-sufficient in the maritime sector. This simple statement is a major issue that must be resolved. Indonesia has ratified the United Nations Convention on the Law of the Sea (UNCLOS) through Act No. 17 of 1985, but there has been no significant progress to outperform the competition with countries in the world. The concept of Sea Gate International (SGI) to implement the development and improvement of both quantity and quality is the main port to adjust international standards should be a realistic and optimistic step in order to realize the independence of maritime in Indonesia. Foreign ships will be more and more anchored in Indonesia and will improve the optimization of human resource development, science and technology as well as product quality and service the maritime sector. Narrates deeper, the existence of Indonesia as SGI will be one important factor to improve the position of Indonesia in world geoeconomic and geopolitical map. Policy Planning seriously need to be realized in the long term development plan, making clear the direction and the benchmark every year running]]>
<![CDATA[KEBIJAKAN KELAUTAN DALAM KERANGKA MENJAGA DAN MENGELOLA SUMBER DAYA ALAM LAUT ]]>
<![CDATA[Nany Suryawati]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[By not described the 1982 UNCLOS in detail yet on a legislation, give rise to conflicts of authority in the management of natural resources, particularly coastal and marine resources. With the enactment of Law No. 32 of 2004 on Regional Government, the central Government gives greater authority to local governments to be able to manage coastal and marine resources, as well as regulate the central and local financial balance from the proceeds of natural resource management in the region. With this expected welfare of the local community can be increased significantly. The amount of authority given to the local government not expected to pose an excessive sense of regionalism that could harm the unity of the Republic of Indonesia. Therefore we need a thought which is based on national interest and progress of the nation and the state, through law enforcement and legislation and specific policies in anticipation of a conflict of interest and the use of illegal conducted by both Indonesian citizens and foreign citizens, which may be detrimental to the Unitary Republic of Indonesia.]]>
<![CDATA[POWER OF SHARING SUMBER DAYA KELAUTAN REPUBLIK INDONESIA ]]>
<![CDATA[Ria Tri Vinata]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Maritime and marine development targets are very realistic considering the position of Indonesia is geographically located and has a comparative advantage because it is very close to the world market. On the other hand, Indonesia is located in the tropics with thousands of islands have a wealth and maritime and marine resource potential is very large. Awareness of the protection and preservation of the marine environment began to grow among the countries participating in the Convention; especially regarding the exploitation of natural resources is carried out on a large scale in the marine environment. Especially for marine areas that are still in dispute, the power of sharing activity is the distribution of marine resources with the agreement Joint exploitation the original problem as a potential source of conflict, transformed and directed into a source of cooperation. Such cooperation generally includes the exploration, exploitation, and sharing of benefits derived from the exploitation of natural resources in the region for the parties.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP IKAN HIU DAN IKAN PARI UNTUK MENJAGA KESEIMBANGAN EKOSISTEM LAUT INDONESIA ]]>
<![CDATA[Zaka Firma Aditya]]>;
<![CDATA[Sholahuddin Al-Fatih]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesia’s marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.]]>
<![CDATA[PENINGKATAN PEMAHAMAN MASYARAKAT TENTANG PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA ]]>
<![CDATA[Haidan Angga Kusumah]]>;
<![CDATA[Eriska Ginalita Dwi Putri]]>;
<![CDATA[Andi Mulyadi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Domestic violence is a social phenomenon that has lasted a long time in most households in Indonesia. Domestic violence cases dominating against women in Sukabumi. The number of domestic violence cases that occurred in Indonesia is a reflection of the failure of a family to build and maintain a household conditions conducive and comfortable for each family member who took refuge in it. People still think that domestic violence is not a form of crime, is still considered taboo, and is a private matter that should not be to tell. the role performed by the College in providing education to rural communities Padaasih Cisaat about domestic violence and also how the socialization of the Law of the Republic of Indonesia No. 23 Year 2004 concerning the Elimination of Domestic Violence.]]>
<![CDATA[PERAN DPD DALAM PENERAPAN ASAS DESENTRALISASI PADA SISTEM OTONOMI DAERAH ]]>
<![CDATA[Bayu Dwiwiddy Jatmiko]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[According to the Indonesian constitutional authority of DPD system is still very limited. All tasks and authority of DPD limited to the aspects that are closely linked with the area. Nevertheless, the Council position is not aligned with the Parliament; therefore need to be reviewed in the Council's role in the decentralized system of regional autonomy. So as to encourage the establishment of legislation to the maximum this is more favorable to the region and the well-being of the people in the area.]]>
<![CDATA[EFEKTIFITAS KONSEP DIVERSI DALAM PROSES PERADILAN ANAK PELAKU TINDAK PIDANA MENURUT UU NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK (Dalam Proses Peradilan Anak Pelaku Tindak Pidana Di Kabupaten Malang) ]]>
<![CDATA[Komariah Komariah]]>;
<![CDATA[Tinuk Dwi Cahyani]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Enforcement of the Act No. 11 of 2012 on Juvenile Justice System provides protection of the rights of juvenile who commit criminal acts use the diversion approach to realize the concept of Restorative Justice. To figure out the implementation of the Act, it is necessary to study with the socio-legal research method in the Police District, the State Attorney and the District Court at Malang. The results of these studies found that the application of diversion has been effective although there are still some obstacles. One of the toughest obstacles to implementing a diversion to fit is the unavailability of places to educate, nurture and put the brat as stated in the law. The study also found that in Malang at least there are some organizations / institutions in applying the diversion of government supporters, among others: BAPAS and P2TP2A.]]>
