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Journal : Jurnal IUS (Kajian Hukum dan Keadilan)

RECOMMENDATION FOR AUTHORIZATION OVERLAPING OF PLACEMENT OF INDONESIAN FISHING VESSELS CREWS ABROAD Muhammad Nur
Jurnal IUS Kajian Hukum dan Keadilan Vol 6, No 1 (2018)
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.259 KB) | DOI: 10.29303/ius.v6i1.532

Abstract

This normative juridical study examines the arrangement of fishing vessel crew placement from Indonesia to foreign countries which has been regulated by more than one institution. However, in the implementation of these institutions did not coordinate with each other which ultimately led to chaotic management in this sector. The fact that has been going on shows that the government is contributing to maintaining bad practices in placing and protecting the fishing vessel crew. This is based on overlapping arrangements regarding of placement and protection of fishing vessel crew. The issue that arises is related to which Ministry’s rule is must be obeyed? or the executor must submit to all rules of all existing ministries? The chaos of that authority ultimately gives rise to sectoral ego of each institution that feels authoritative in this sector. This situation has implications for the protection of fishing vessel crew and the concerns of companies involved in this business sector. Through this research is expected to contribute solutions to solve the problem of chaotic management of fishing vessel crew placement abroad.
Review of International Arrangements Relating to Ownership Status of The Foreign Historical Shipwrecks in Indonesian Water Muhammad Nur
Jurnal IUS Kajian Hukum dan Keadilan Vol 7, No 1 (2019)
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (165.612 KB) | DOI: 10.29303/ius.v7i1.601

Abstract

At the international level there have been international conventions that accommodate the regulation of historic sinking vessels, although only in general, namely the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982), Convention on the Protection of the Underwater Cultural Heritage 2001, International 1989 Convention on Salvage, and The United Nations Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970. However, if you see the contents of the regulation from the international provisions, it seems that there is no firmness regarding the legal owner of the historic sinking vessel in Indonesia. This study uses a normative juridical research method by examining library materials or other secondary materials. The data collection method used is the literature study. The tool used is a document in the form of primary, secondary and non-legal materials. The data obtained were analyzed qualitatively then presented descriptively.