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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Jurnal Ilmiah Hukum LEGALITY Jurnal Selat Jurnal Hukum Respublica Nagari Law Review Unri Conference Series: Community Engagement Community Empowerment Indonesian Journal of International Law Jurnal Ilmu Hukum Riau Law Journal Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Maria Maya Lestari
Faculty Of Law Universitas Riau, Indonesia
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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PELAKSANAAN PENGAWASAN DAN PENGAMATAN PUTUSAN PEMIDANAAN BERSYARAT OLEH HAKIM PENGADILAN NEGERI PEKANBARU Muliani, Kristin; Lestari, Maria Maya; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Courts as one law enforcement agency is executing judicial authority in charge of organizing the judiciary to uphold law and justice based Pancasila. At every court judges are given specific tasks to assist the chairman in the supervision and observation of court decisions that impose criminal punisment of deprivation of liberty, especially decision conditional. With the conditional criminal decisions handed down in the District Court of Pekanbaru there should be an implementation decision to ensure that court decisions have been implemented properly. Implementation of monitoring and observation conditional sentencing decision by District Court Judge Pekanbaru felt not and as it should be. This is because there are still many obstancles fased by the Supervisory Judge and the Court Observer.This research is a Yuridical Sosiologis research, which is a type of research aproach by looking in term of legislation and the fact that occur in the field in accordance with the problem studied. Sources of data used in sociological research is the primary data source of data that can be divided into primary, secondary and tertiary data. Techniques used in data collection are interviews and literature study. While the analysis techniques used is a qualitative manner, the method of duductive thinking.Of the research problem, there are three main things that can be inferred. First, the implementation of the monitoring and observation of the vendict setencing by District Court Judge Pekanbaru should need to be increased again. For supervision and observation by the judge is veri importaint element and the last in the law enforcement process. Secoudly, in terms of overcoming obstancles encountered in the implementation of the Court of Pekanbaru is the legal factors,namely the absence or lack of the convict parole, and law enforcement factors is the minimum number of Judge and bustle supervisors and observers and the lack of coordination and cooperation among the various law enforcement agencies. Third, the effortsmade to evercome the obstacles faced, no attempt is made to overcome the obstacles encountered both in terms of legal factors law enforcement agencies. My suggestion should be made immediately clear legislation and organize the details of the standard operating procedures.
Potensi Dan Tantangan Pengelolaan Sumber Daya Kelautan Dalam Penciptaan Masyarakat Pesisir Yang Siap Menjawab Perkembangan Zaman Lestari, Maria Maya
Jurnal Selat Vol 1 No 1 (2013): "Kemaritiman & Perbatasan"
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

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ARTI PENTING DELIMITASI PERAIRAN PEDALAMAN SETIAP PULAU DI INDONESIA Lestari, Maria Maya
Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (507.89 KB) | DOI: 10.22219/jihl.v25i1.5990

Abstract

Maritime zones of the sovereignty of the Indonesian archipelago can be divided into inland waters, archipelagic waters and territorial sea. But only in the inland waters of Indonesia have absolute sovereignty without any other state right. In order to guarantee and maintain the sovereignty of the country in the inland water zone from overlapping interests and rights of other countries in the zone of Indonesian maritime sovereignty, Indonesia should immediately establish the limits of delimitation of the inland waters and establish legislation to prevent violations of the sovereignty of Indonesia's inland waters territory by the state other. Delimitation of each islands is considered very important in order to maintain the security and defense of the country. The government must immediately establish inland water areas and ports considered strategic and vital to the defense and security of the country. Areas that are considered important this can be closing and banning to enter and / or stopover. So our marine law is firm and we can become a sovereign country in the sea region.
The Responsibilities Between Providing Archipelagic Sea Lanes Passage and Protecting Marine Environment: A Case in Republic of Indonesia Lestari, Maria Maya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

State responsibility in international law is only charged to an independent state. Such responsibility can be created due to the rules of international law regarding the state responsibility and numerous important agreement signatories. Part XII of LOSC 1982 clearly states that “States have the obligation to protect and preserve the marine environment”. On the other hand, agreement might cause the issue of state responsibility, such as archipelagic sea-lanes in Indonesia. The obvious issue has raised serious problem, for instance, overlapping responsibility handled by the government of Indonesia under its implementation. On one side, Indonesia must preserve the marine environment by setting the marine protected areas (MPA). At the same time, Indonesia must ensure the existence of archipelagic sea lanes (ASLs), including its legality for international shipping. This make Indonesia face a dilemma, since its territorial seas also lies withincoral triangle. The recent solution undertaken by the government is prioritizing the existence of ASLs amongst with the rights of cross voyage, taking into account that ASLshave been set out prior to MPAs as well as the recognition of the sovereignty of archipelagic state created at the same time with the obligation of guaranteeing the right of crossing the ASLs. Thus, a plan for designating environmental protection area withASLs, the assignment should not interfere with it. Therefore, to accommodate both interests, The Indonesian government must immediately deliver to the International Maritime Organization (IMO) regarding the condition of marine environment in which ASLP is closely confronted with MPAs to regulate special arrangements when the ships cross the area
STUDY OF THE RIGHT OF FOREIGN SHIP AGAINST STATE SOVEREIGNTY (CASE STUDY INDONESIA) Lestari, Maria Maya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Recognition of the archipelagic concept accommodated in chapter IV United Nations Conventions Law of The Sea (LOSC) 1982. The implication of this recognition is archipelagic states have sovereignty for their marine space. There are 3 zonation in sea sovereignty, that are inland water, territorial waters and archipelagic water. However, only in inland water that archipelagic states has full sovereignty such as on land, while another zone, it has followed by other states rights, One of which is right of passage. The right of another state passage is consisted by right of innocent passage, right of archipelagic sealine passage and there is also right of transit passage, which one all of that right of passage are depending on zones depending on the zone that is crossed. Talked about archipelagic sea-lanes passage (ASLP), Indonesia has to determine 3 archipelagic sea lanes passage and the consequence that all foreign ships should pass over that routes. For that reason, in this paper will discuss Indonesian sea sovereignty zone and right another state inside, along with implications for Indonesia after determination of archipelagic sealine passage.
WHAT IS THE RIGHT, ARCHIPELAGIC SEA LANES AND PASSAGE? (ACCORDING TO UNCLOS 1982 AND PRACTICE) Lestari, Maria Maya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Right, Archipelagic Sea Lanes, and Passage are a new concept in international law of the sea, which only exists and applies to archipelagic states. This concept was born as a result of world recognition of the existence of an archipelagic state. Indonesia is the only archipelagic state in the world to apply this concept. Therefore, using doctrinal research will be studied of definition, historical background, and law regarding the concept of the archipelagic sea lanes, which has been approved by the United Nations Convention of the Law of the Sea 1982 (UNCLOS 1982). This paper also describes all states’ rights to cross the archipelagic sea, archipelagic sea lanes passage as a lane, passage as an activity to get through from one and another part of the high seas, or exclusive economic zone.
TINJAUAN YURIDIS PENEGAKAN HUKUM TERHADAP KAPAL PERIKANAN ASING YANG MELAKUKAN ILLEGAL FISHING DI PERAIRAN ALUR LAUT KEPULAUAN INDONESIA DALAM PERSPEKTIFHUKUM LAUT INTERNASIONAL Hasugian, Dohardo Maharari; Lestari, Maria Maya; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The large potential of fishery resources in Indonesian territorial waters is no longer a secret between countries, proper management is an advantage for the domestic economy, including cooperation with other countries in fisheries management in the form of an agreement. UNCLOS 1982 became a new breakthrough in fisheries potential as well as the fruit of Indonesia's struggle to solidify the concept of an archipelagic country since the djuanda declaration. However, it turns out that the facts in the field say that Indonesia often has its fishery wealth stolen by foreign fishing vessels in various modes, not forgetting that the sea lanes of the Indonesian archipelago are used as objects for illegal fishing or places of flight, considering that other countries are given the right to cross archipelagic countries which are regulated in national law and guaranteed. by international law. The importance of law enforcement against such theft or what is commonly called illegal fishing is imperative to prevent the same violations and protect Indonesia's fishery wealth.This type of research is a normative legal research that is using literature study in finding data. This research is descriptive in nature which tries to provide detailed and detailed data on the existing problems. In writing this research using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. This study uses secondary data or scientific data that has been codified.The results of this study are to explain the relationship between international law and national law in handling illegal fishing in the sea lanes of the Indonesian archipelago. Of which there are still a number of provisions that need to be regulated, especially regarding law enforcement, so it is necessary to make a regulation related to this matter which can later become a legal basis for enforcing fishing theft and protecting the wealth of Indonesia's fishery resources.Keywords:Law Enforcement, Illegal Fishing, Indonesia Archipelagic Sea Lanes
POLITIK HUKUM PEMBENTUKAN UNDANG–UNDANG DENGAN METODE OMNIBUS LAW BERDASARKAN SISTEM HUKUM INDONESIA Karo Karo, Josua Banta; Indra, Mexsasai; Lestari, Maria Maya
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia applies the concept of the omnibus law in drafting laws. Omnibus law is a concept of making regulations that combines several rules with different regulatory substances, into one regulation under one legal umbrella. However, in the drafting process there were several irregularities that occurred such as the exclusion of public participation and a closed and hasty process which was contrary to Article 5 of Law of the Republic of Indonesia Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning Establishment. LegislationThis type of legal research is normative legal research. The normative legal approach used in this study is the statute approach, while this research is descriptive in nature.The result of this research is the legal politics of the formation of laws using the omnibus law method based on the Indonesian legal system, namely that the discussion was carried out in a hurry so that it collided with other laws, there was no government effort to involve the public, especially from civil society organizations and labor unions. The formulation of the Job Creation Bill is not transparent and lacks openness. The procedure for the formation of laws using the omnibus law method based on the Indonesian legal system, namely in the hierarchy of the order of laws and regulations in Indonesia as stipulated in the Law of the Republic of Indonesia Number 15 of 2019 does not include the omnibus law method as one of the principles in legal sources as well as a methodological framework for revising statutory regulations.Keywords: Political Law, Omnibus Law, Indonesian Legal System
IMPLEMENTASI JASA PELAYARAN YANG DAPAT DITAWARKAN OLEH PEMERINTAH INDONESIA DI SELAT MALAKA MENURUT HUKUM INTERNASIONAL Bakhunizar, Mohamad Megi Mif; Lestari, Maria Maya; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This writing discusses how the shipping services offered by Indonesia in order to compete with ports in the world, especially in the Malacca Strait, because basically Indone�sia has more potential to take advantage of the Malacca Strait which is currently still unable to maximize because there are many obstacles faced. This is the point of the problem where even though most of the Malacca Strait is in the territory of Indonesia, in this case the author examines what obstacles occur.In this case, the writer uses a normative research type, which is a descriptive type of research that describes actual events. The data analysis used by the researcher is qualitative data analysis, namely the analysis which does not use statistics or other things. However, re�searchers simply describe descriptively from the data obtained.The results of this study can be concluded into three main things. First, the existing shipping service offered by the Indonesian government in the Malacca Strait, namely the Shipping Guidance Service. The two services that have been offered by countries are several, namely taking from Singapore and Malaysia including parking services, crane services, and loading and unloading facilities between ships. The three services that Indonesia can offer in the future include parking services, fuel supply services, storage services and ship waste management.Keywords : IMO, Shipping Service, Scout Service, Malacca Strait, Indonesia.
KRITERIA PENERAPAN AMNESTI OLEH PRESIDEN REPUBLIK INDONESIA Lase, Martinus; Indra, Mexsasai; Lestari, Maria Maya
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This research was motivated by giving amnesty to sister Baiq Nuril who triggered various legal problems. Because it’s in a legal habit international and Indonesian constitutional practices, amnesty was only granted to the perpetrator of a politically motivated crime. So that a legal problems, namely the existence of legal uncertainty, absence equality before the law, and contrary to constitutionalism. The research question in this study is about how the criteria for granting amnesty and the ideal concept of granting amnesty? Next for the methodology used in this research is legal research normative, and analyzed qualitatively using Stufenbau theory (stufentheorie) and Hans Kelsen’s theory of positive law. In a draw the conclusion of the author uses the inductive thinking method.Of all the regulations governing the granting of amnesty, the criterion is not clear, even between Article 14 paragraph (2) of the 1945 Constitution and Law no. 11 of 1954 About Amnesty is not harmonious so that it is against stufentheorie. In ideal concept, the President must obtain amnesty approval from the DPR, in order to comply with constitutionalism. However based on analysis that has been done, it can be concluded that the legal basis of giving the criteria for amnesty by the President of the Republic of Indonesia are not clear and tend to be the direction of absolutism. Therefore, ideally the implementation of amnesty by the President Republic of Indonesia, it is based on international legal traditions and traditions Indonesian constitutional law which will be written in the regulations legislation. So the government should give amnesty, first should amend the constitution, make the Presidential Institute Law, amend it The Amnesty Law and changes to the Law on Clemency in order attainment of justice with legal certainty for all Indonesian citizens.Keywords: Amnesty Criteria – Amnesty Concept
Co-Authors Adi Tiara Putri Adi Tiaraputri Adlin Adlin Afiyfah Nabila Agung Setio Apriyanto Alfin Julian Nanda Amin Rais Aprilia Mawaddah Bakhunizar, Mohamad Megi Mif Benyamin Bangun Dasrol Dasrol Davit Rahmadan Deri Nahrudin Syukri Dessy Artina Diana Octavia Situmeang Dorma Hotmaria Sianipar Eci Novita Sari Elmayanti Elmayanti Elmayanti Elmayanti, Emilda Firdaus Endang Sri Utami Erdiansyah ' Erdiansyah Erdiansyah erdiansyah erdiansyah, erdiansyah Evi Deliana HZ Ferawati Ferawati Fivian Army hafiza, aryen nur Hasbillah, Rahmat Hasugian, Dohardo Maharari Hayatul Ismi Hengki Firmanda Irma Nurul Hasyanah Johannes Jum Joghi Pangaribuan Juanito Stevanus Karo Karo, Josua Banta Kristin Muliani Lase, Martinus Ledy Diana Ledy Diana Lena Agustina Maringan Tua H.D Mela Kristina Mexsasai Indra Mexsasai Indra Muhammad A. Rauf Mukhlis Mukhlis Mukhlis R Nadya Junyantani Nanda Erlangga Pranata Nathaniel Adianta Rim Manurung Novendi Jaya Putra Purba Nurahim Rasudin Panggabean, Pilipi Putri Dewi FS Putri Maharany Ayu Hasibuan Ridha Putri Thaibah Riska Fitriani Rokhimatul Isnaini Salma Kemala Simamora, Samuel Romulus Socha Salsabila Riyadi Syasha Mellya Karnain Tengku Arif Hidayat Ulfia Hasanah Widia Edorita Yosef Mattew Nathanael Zulfikar Jayakusuma Zulfikar Jayakusuma Zulfikar Jayakusuma Zulwisman Zulwisman