Indonesia Conference Directory

Corresponding Author
oheo kharis

Institutions
Univeristy of Halu Oleo

Abstract
This study aims to analyze the practice of illegal transshipment in compliance with Act Number 45 of 2009 criminal provisions law concerning Fisheries, using legal concept, law, and case approaches. Nowadays, there are various operational modes of fish theft, with poor regulations that maximally accommodate crimes related to fisheries by perpetrators. Therefore, due to its unsustainability and economic loss, the fisheries and marine sector in Indonesia has to improve its performance. The results show that illegal transshipment engages some elements contained in Article 94 and 94A of Act Number 45 of 2009 which was an amendment of Act Number 31 of 2004. According to article 94, when a fishing vessel is caught transferring shipment in the middle of a high sea without in possession of a license called SIKPI, its owner/s are sentenced to 5-years imprisonment with a IDR 1,500,000,000 (one billion and five hundred million rupiah) fine. Meanwhile, according to Article 94A, when a fishing vessel is caught using fake licenses such as SIUP, SIPI, and SIKPI, its owner/s are sentenced to 7 years imprisonment with a fine of IDR 3,000,000,000.00 (three billion rupiahs).

Keywords
Criminal Law Illegal Transshipment Act Number 45 of 2009 concerning Fisheries

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/Aaxe6KPuVgCq

Corresponding Author
Muhammad Hasrul

Institutions
Faculty of Law Universitas Hasanuddin

Abstract
Economic Approach instrument related to the given environmental insurance specially enforcing the environmental law which have been arranged in the Law Number 32 year 2009 of protection and environmental management under 42 article 1 that affirming, in order to preserve the environment function, the government and the local government obliged to expand and applied the economic instrument of environment. One of among other thing is environmental insurance development. The Essence of environment insurance is to protect when environment damage is happened.

Keywords
environmental insurance, economic instrument, environment, Environmental law enoforcement.

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/NDVaxwBzureP

Corresponding Author
Hasbi Assidiq

Institutions
Faculty of Law

Abstract
The European Union has endorsed the draft energy proposal by removing palm oil as a basis for sustainable fuels (Biofuel) in 2021. This is done because it is considered oil palm to be the cause of deforestation which increases the concentration of greenhouse gas emissions that cause global warming. However, Indonesia considers that the European Union policy is detrimental to Indonesia and shows injustice in the mechanism of palm oil trade. It is certainly inseparable from the condition of Indonesia which is one of countries with the largest palm oil producer in the world. Indonesia has also a significant export value of palm oil. This paper will analyze Indonesias commitments related to sustainable palm oil management starting from the normative concept to the regulations made, as well as on the implementation aspects in several areas. This article can provide argumentative reasons for Indonesia to urge the European Union to accept Palm as a sustainable energy source. The results of this article show that Indonesia already has a normative framework for sustainable management of palm oil, but in the implementation aspect there are still some weaknesses that need to be evaluated.

Keywords
EU Palm Oil Ban; Sustainable Palm Oil; Government policy;

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/uDnRbrge7mVh

Corresponding Author
liong rahman

Institutions
University Hasanuddin

Abstract
This study is intended to answer the problem: Integrated Digital land registration in Indonesia, whether the implementation of land registration has been carried out digitally integrated, whether the rules regarding land registration are still relevant in integrated digital land registration, and how the ideal concept in the implementation of integrated digital land registration can be provide legal certainty of land rights. This empirical study was conducted in Jakarta, Special Capital Region of Jakarta, Yogyakarta, Makassar, Ambon and Papua, and the resource persons were representative officials at the Office of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of the Republic of Indonesia, totaling 2 (two) people, Officers in the Regional Office of the National Land Agency of the Special Capital Region of Jakarta, as many as 2 (two) people, Representative Officers in the Regional Office of the Yogyakarta National Land Agency as many as 2 (two) people, Officers who are representative in the Regional Office of the National Land Agency of South Sulawesi 2 (two) persons, 2 (two) representative officials in the Maluku National Land Agency Regional Office, 2 (two) representative officials at the Papua National Land Agency Regional Office, 2 (two) people. From the results of this study indicate that the implementation of integrated digital land registration has not been carried out as it should, because the regulations regarding existing land registration do not regulate integrated digital land registration. The ideal concept in integrated digital land registration is to prepare legal instruments that regulate land registration that is done digitally integrated so that it can provide legal certainty over land rights.

Keywords
Land Registration, Digital, Integrated

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/yPnwJLHxrb7C

Corresponding Author
Maskun Maskun

Institutions
Faculty of Law, Hasanuddin University

Abstract
The Provincial Government of South Sulawesi has enacted legislation related to the Zoning Plan Of Coastal Areas and Small Islands (WP3K), which became the basis of spatial management WP3K in the province. It is also a mandate in the law which requires for each province to draw up the regional WP3K zoning plan. However, after the Regulation was passed, it was considered that it still left various problems, such as some areas of the mining of sea sand were considered detrimental to the ecosystem of the sea area. So that it received rejection from affected fishermen, besides that the rate of abrasion is considered to be increasing on the southern coast of Sulawesi which is the location of sea sand mining. This is also considered to threaten the preservation of the South Sulawesi coastal area. This paper will analyze the commitment of the Government of South Sulawesi in managing WP3K to be more fair and sustainable. It is expected that this paper will become a scientific argumentative proposition for the government to evaluate the regulations to be more fair and sustainable. The results of the article show that although the South Sulawesi region already has regulations related to WP3K, there are still some weaknesses that result in inequality in WP3K space management and threaten the preservation of marine ecosystems in South Sulawesi.

Keywords
Sustainability; Coastal Management; South Sulawesi;

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/vu76Lh2dqwXZ

Corresponding Author
Wisnu Aryo Dewanto

Institutions
Universitas Surabaya Law Faculty

Abstract
Offenses in the high seas over the exclusive economic zone are increasing rapidly as violators take advantage of the legal vacuum in the region. 188 nautical miles of high seas and exclusive economic zones outside the territorial sea territories of coastal countries are no-mans-land. Article 55-58 jo. Article 87 UNCLOS 1982 created two different legal regimes in the same place. Above the surface of the sea water is declared as the high seas, while the water and natural resources below it follow the regime of the exclusive economic zone. There have been two major incidents in the region recently, namely the crashing of an Indonesian warship by a Vietnamese Government ship and the oil transshipment activities carried out by two foreign-flagged vessels. Violations committed on the high seas, according to UNCLOS 1982 in which the countrys military vessels can act, are limited to those set out in Articles 99 through 109. Beyond these articles the Indonesian Government has difficulty implementing its national legal rules because they have collided with the status of the high seas which the state cannot claim. This paper aims to analyze in depth the legal vacuum in UNCLOS 1982 and its impact on coastal countries.

Keywords
high seas, exclusive economic zones, offences, legal vacuum

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/FurNdfmQkjUh

Corresponding Author
Kahar Kahar

Institutions
Faculty of Law Hasanuddin University-Makassar

Abstract
Indonesia as an archipelagic State with 2/3 of sea area of Indonesian territory has great potential of coastal and marine resources. However, the facts indicate that fishermen as one of the main stakeholders of resource utilization, most of whom still live below the poverty line, The research was conducted in 2 districts in South Sulawesi, namely Pangkep and Bone. It is an analytical-descriptive. The result of research shows that there is inconsistency between legislative regulations related to nomenclature of small fisherman. This has an impact on the distribution of aid to overlapping fishermen. Implementation of fishermen aid policy focused on fishermen groups or cooperatives, does not fully touch the category of laborers fisherman as the most vulnerable fishermen. The established fishermen groups are not operating properly, it allegedly the group was formed solely for the purpose of receiving aid. In addition, the implementation of local government policy is very strict in providing aid. Uncoordinated planning of inter-institutions may have an impact on the likelihood of overlapping aid.

Keywords
harmonization; natural resource law; coastal and marine; fishermen

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/3aAe7rZwGC8X

Corresponding Author
Kadarudin Kadarudin

Institutions
Faculty of Law, Hasanuddin University

Abstract
Coral reefs are one of the most productive and richest ecosystems on earth. Coral reefs provide enormous benefits for millions of coastal communities. However, coral reefs face a range of threats including overfishing, coastal development, damage due to shipping lines. The problem that will be discussed in this paper is how regulations in Indonesia regulate and protect coral reefs? and how to prevent damage to coral reefs caused by humans?. This research is normative legal research, using a statutory approach and case approach. The collected data were analyzed qualitatively, then described to answer the problems in this study. The results showed that Indonesia already has several national regulations governing and protecting coral reefs in Indonesia. as an implementation of these various rules, the Indonesian government has launched a coral reef rescue program, also known as the "Coral Reef Rehabilitation and Management Program". In its implementation the program is realized in 5 components of activities, while the form of prevention to protect the condition of coral reefs from the influence of nature or human activities, is done by (1) prevention and control of pollution; (2) prevention and control of coral mining; and/or (3) determination of Conservation Areas

Keywords
coral reef, damage, Indonesia, prevention efforts, regulations

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/ZYb4kRUd7P9t

Corresponding Author
Aulia Rifai

Institutions
Hasanuddin University Law School, Tamalanrea, Makassar 90245

Abstract
Historically, cabotage comes from the French language which means small ship. This term is from the Spanish language from the word "Cabo" which means "Cape" (cape), meaning from headland to headland on one beach, for example transportation from one headland to another headland on a different beach, for example from Tanjung Priok in Jakarta to the city of Banjarmasin . Indonesia is one of the countries that applies the cabotage principle as seen in Article 8 paragraph (1) of Law Number 17 Year 2008 concerning Shipping which states that domestic sea transportation activities are carried out by national sea transportation companies using Indonesian-flagged vessels and manned by crew members of Indonesian citizenship, furthermore, paragraph (2) states that foreign vessels are prohibited from carrying passengers and / or goods between islands or between ports in Indonesian waters. However, in 2015, the government issued a Minister of Transportation Regulation PM Number 121 of 2015 concerning Provision of Facilities for Tourists Using Foreign Flagged Cruiseships where consideration of the issuance of this Minister of Transportation Regulation is to increase visits and move tourist trips so that tourists need to be provided convenience. using foreign-flagged cruises. Ports that were opened to be a stopover for cruise ships are the Ports of Tanjung Priok, Tanjung Perak, Belawan, Makassar and Benoa (Bali). Article 3 This Regulation of the Minister of Transportation states that cruises can transport tourists at domestic ports for travel, starting from domestic origin ports to tourist destinations to return to the port of origin, as long as the trip is part of tourist trips to and from the territorial waters. Indonesia. Seeing the above provisions, violating Article 8 paragraph (1) and (2) of Law Number 17 Year 2008 concerning Sailing because foreign cruise ships are allowed to transport passengers at the original port in Indonesia, then go to the destination port, back again to the port of origin of departure . The tour destinations are sufficient to be reported to the Head of the Kesyahbandaran and the Port Authority (KSOP). This study aims to determine (1) the relationship between the provisions in the Minister of Transportation Regulation No. 121 of 2015 concerning Provision of Facilities for Tourists by Using Foreign Flagged Cruiseships connected with Law Number 17 of 2008 concerning Shipping and (2) forms of regulation cruise ships in sailing in Indonesian waters in order to increase tourism. The method used in discussing this study is a normative legal research method that studies the legislation in relation to the unity of the national domestic transportation legal system. Conclusions based on the results of the study are (1) provisions in the Minister of Transportation Regulation No. 121 of 2015 concerning Provision of Facilities for Tourists by Using Foreign Flagged Cruises contrary to Article 8 pa

Keywords
cabotage principle, tourism

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/7EdZmaRxTNXj

Corresponding Author
Nur Aryastuti Amirullah

Institutions
Faculty of Law Hasanuddin University
Nraryastuti[at]gmail.com

Abstract
Waste is one of the serious problems in Makassar. It caused of the problem of waste is directly related to the lifestyle and culture of the people. Makassar is one of the cities that has high population and economic growth, thus triggering an increase in service, industry, business and others. It affects the amount of waste production in Makassar which reaches 1,200 tons per day consisting of 57% organic waste and 43% non-organic. The high production of this garbage is very worrying and it is predicted that the capacity of the TPA in Antang can no longer accommodate the amount of waste in Makassar. In fact, this waste problem has been discussed in several legal rules concerning the environment both on a national and international scale, such as Makassar-s Regulation No. 4 of 2011 concerning on Waste Management, Law No. 32 of 2009 concerning on the Environment or in the Stockholm Declaration 1972. However, the ineffective management of waste in Makassar causes the problem is still difficult to overcome. Therefore, this study aims to examine the factors that cause waste problems in Makassar, in relation to fires in TPA Antang based on existing legal regulatory perspectives, government policies in handling waste and cultural issues related to social patterns of life Public. This research is a descriptive study based on data analyzed through literature studies.

Keywords
Waste, Environment, Makassar, TPA Antang

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/NXwaHJRDuxMf

Corresponding Author
Andi Syahwiah A. Sapiddin

Institutions
Faculty of Law Hasanuddin University

Abstract
This writing aims to study the right to control the state of sustainable water resources management. The methods used in this writing was normative legal research with some approaches such as legal and conceptual approaches. The data were analyzed qualitatively. The result of the research indicate that the meaning and substance of the right to control the state of water resources is that the state has full authority to determine policies in the form of regulating regulating (regelan), managing (besturen) and monitoring (toezichhhouden) in terms of sustainability, availability and affordability water resources.

Keywords
The right to control the state, water resources management, sustainability

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/fCEAzbkw49mB

Corresponding Author
Amaliyah Amaliyah

Institutions
Faculty of Law, Hasanuddin University

Abstract
This research was taken place in Barru Regency and aimed to understand the form and intencity of illegal fishing activities occurred in Siddo Village, Barru Regency; examine the role of local wisdom concerning fishery in the effort for countermeasures of illegal fishing in Siddon Village, Barru Regency; as well as improve the role of government in following up this illegal fishing activities. The type of research that was used was socio-legal research described in descriptively qualitatively manner. The techniques used for data collection consist of indepth interview, observation, and literature study. The interview was conducted with Judges of Barru District Court, Staff of Fishery Department of Barru Regency, Staff of District Office of Soppeng Riaja, Staff of Village Office of Siddo Village and Fishermen. Literature research was conducted to collect secondary data such as supporting documents, research papers and other references related to the research topic. The result obtained throughout 2018 was that there was only one case decided by Barru District Court. Fishermen of Siddo Village also still uphold the values of local wisdom in fishing activities. Fishermen still use trawl ring with 1-inch large mesh net. Public awareness and attitudes which are not attempted or interested in using modern technology and stick with whatever results that were achieved. Thus, the ecosystem and marine wealth in Siddo Village are still maintained.

Keywords
Illegal Fishing, Local Wisdom, Trawl Ring

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/w2gmPDYtC3zx