Indonesian Journal of International Law
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LEGAL STATUS OF FOREIGN-FLAG VESSELS WHEN THEIR FISH-TRANSPORTATION VESSEL LICENSES HAVE BEEN REVOKED BY THE MINISTRY OF MARINE AFFAIRS AND FISHERIES
Get PDFIn combating Illegal, unregulated and unreported fishing, the Minister of Maritime Affairs and Fisheries has several times issued the ministerial decisions to revoke SIKPI (Surat Izin Kapal Pengangkut Ikan)/fish-transportation vessel license. In practice, some Indonesian fishery companies charter foreign-flag vessels to be used as fish-transportation vessel. In such cases, how is the legal status of the foreign-flag vessels when their SIKPI licenses have been revoked by the Ministry of Marine Affairs and Fisheries? In many cases, after revoking the SIKPI, the Minister of Marine Affairs and Fisheries “arrests” the vessels. Could the Indonesian Government "arrest" the vessels? What are the legal risks that could possibly arise
ILLEGAL, UNREPORTED AND UNREGULATED FISHING: THE IMPACTS AND POLICY FOR ITS COMPLETION IN COASTAL WEST OF SUMATERA
Get PDFFor coastal States, IUU fishing is a classic problem. This issue has become a thorn in the flesh, despite being attempted various ways to overcome them, but until now it still has been resolved yet. IUU fishing action can cause many problems, such as increasing poverty of coastal communities, making bankruptcy of fisheries industry, damaging ecosystems and fish habitat in the ocean, disrupting stability of security coastal countries, damaging of diplomatic relations between the coastal States and so on. To that end, this article tries to analyze more deeply about IUU fishing and it’ problems in Indonesi
SHIP ARREST IN INDONESIA AND CROSS-BORDER MARITIME DISPUTE
Get PDFShip arrest is an in rem action on ships that exercised with purpose of obtaining security for maritime claims. The arrest is intended to prevent a ship from moving pending settlement of the claim and consequently will also prevent her owners from enjoying any profits. In present shipping industry, which became more borderless, dispute involving different nationals and jurisdictions might arise. In such case, existence of clear and certain rules are one of the keys to resolve them. In respect of that, ship arrest has been introduced in Indonesia through the Law number 17 Year 2008 “Shipping Law”. Since the enactment of Shipping Law, ship arrest is possible to carried out within the Indonesian jurisdiction. However, the practice of ship arrest in Indonesia is relatively new comparing to other countries such as Netherlands and Singapore, which have implemented it long before Indonesia. Another question is whether it is necessary for Indonesia to be a party in international treaties on arrest of ships. Learned from examples outside Indonesia, we may able to see issues concerning ship arrest in Indonesia; existence of the implementing rules, compatibility with the current civil procedural rules, readiness of the courts to implement it, etc. Responding to the development of shipping industry, Indonesia must assured to moving onward by showing its readiness in following international practice on shipping law. This readiness is also an indicator of seriousness in manifesting the idea of making Indonesia as an axis of world maritime
Phillipines Permits Malaysia-Indonesia to Enter their Territorial Waters to Pursue Abu Sayyaf Group
Get PDFINDONESIAN PRIVATE INTERNATIONAL LAW:THE DEVELOPMENT AFTER MORE THAN A CENTURY
Get PDFIndonesian Private International Law (PIL) until now is based on Algemene Bepalingen van Wetgeving (AB) described in the State Gazette No.23 of 1847. The latest development of Indonesian PIL was the issuance of Academic Bill of PIL in 2014. Between the time span of more than 150 years, what is the development of Indonesian PIL? Whether the principles of PIL as stipulated in Article 16 AB (Principle of Nationality), 17 AB (Lex Re Sitae) and 18 AB (Locus Rigit Actum) remains in the Bill of Indonesian PIL? Is there any alteration? Is there any PIL regulation in any other Indonesian prevailing regulation besides AB? This writing would like to answer such questions and reviewing the Bill of Indonesian PIL. The research method of this writing is normative research to the prevailing regulation and the Bill of Indonesian PIL. The comparison research method will be made to the PIL regulation in the Netherlands to see the development of AB in its original country, particularly the three PIL’s Principles. The result of this writing is about to conclude the development of Indonesian PIL and give advises, if any, upon the Bill of Indonesian PIL
The Legal Protection For Applying Islamic Contract Law In Banking Regulation In Indonesia And Turkey
Get PDFThis article discusses about the extent of readiness of the government regulation to meet the need of Islamic investment in the field of banking in Indonesia and Turkey, especially how legal protection to the banks and the customers in implementing sharia investment in both countries. This article is based on normative legal research, descriptive comparative through analysis the literature and regulatory provisions in force in the two countries. It is concluded that both Indonesia and Turkey have an arrangements of legislation and procedures in which guarantees the legal protection for every parties to apply islamic contract law through its secular legislation system. Depending on the customers would need to seek an appropriate mechanism in sharia based on freedom of contract. The difference is that in the legal systems being used also has differences, in which Indonesia has such a specific sources of law in which regulating the syariah principles. On the other hand Turkey does not
PRINCIPLE OF JUSTICE IN MANAGEMENT OF MARINE RESOURCES IN AREA CHARACTERIZED BY ISLANDS
Get PDFIndonesia has eight provinces that are characterized as island regions, but in the setting of marine resource management authority is equated with the continental characterized provinces. Normative provisions apply but people in areas characterized by islands have been treated unfairly. In addition, the licensing system and the distribution of funds allocated as well as unfavorable framework in the implementation of regional autonomy. National government policies are deemed too oriented to the land where it is not appropriate to the needs of the regions. As a result, they are demanding to be no laws governing special about Islands Province. Government responded to amend the legislation on local government in accommodating the interests of the islands. The setting of the DAU and DAK, also provide more financial portion to the islands. It is expected to bring changes to the community. Implementation of regionally based local autonomy, excellence spatial and local potential is a determinant factor the success of regional development framework. Development process should be done based on diversity of various aspects that also needed a different treatment in each province. Thus, the question is whether the political law of the islands is done through changes and harmonization of the local governments law to provide a guarantee of justice so the demands for legislation that specifically regulates an island province is not matter any more. This study expected to find the values of justice and the foundation to be harmonized, so there exist principle of fairness in the management of marine resources in the waters of the area characterized by island