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Journal : Jurnal Media Hukum

Urgensi Pengaturan Keamanan Maritim Nasional di Indonesia Puspitawati, Dhiana; Kristiyanto, Kristiyanto
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Located between two continents and two oceans, Indonesia is vulnerable to various transnational crimes. Hence, the concept of maritime security emerged. This paper focuses on three crucial matters, maritime delimitation, IUU Fishing as well as piracy and armed robbery at sea. This research aims to analyze the urgency of national maritime security legal framework in Indonesia. This research uses normative method with statute approach and comparative approach. It is submitted that although regional dan international cooperation is important to address maritime threats, national legal instrument is also necessary. Unfortunately, Indonesia still does not have comprehensive national legal instrument in place. Thus, it is argued that Indonesia should formulate specific policy and national legal frameworks in addressing maritime threats completed with certain measures for each threats as well as point out which institutions competent in handling each threats.
REPOSISI POLITIK HUKUM PERJANJIAN INTERNASIONAL DALAM RANGKA MEWUJUDKAN TERTIB HUKUM DI INDONESIA Puspitawati, Dhiana; Kusumaningrum, Adi
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0060.258-273

Abstract

In Indonesia, here is no exact politic and legal system regarding the application of International Treaty within national legal system. Article 11 of Indonesian Constitution 1945 merely envisages the division of authority between President and Parliament in ratifying international treaty, however, such article does not state clearly Indonesia’s legal politics concerning the application of international treaty within national legal system. The lack of clarification on Indonesia’s legal and political system in such area raises problems in the application of international treaty domestically. This research is aimed to:  (1) analyses Indonesia’s legal politic concerning the application of international treaty towards Indonesian Constitution 1945 as well as other legal instruments; (2) analyses legal implications of international treaty upon Indonesia’s national interests and; (3) propose concept on legal politic regarding the application of international treaty in Indonesia. Since legal politic is crucial in supporting which law should be implemented towards state’s national goal, it is important to clarify Indonesia’s legal politic concerning the implementation of international treaty. As stated by Hans Kelsen, that as the application of the rule of law, a state should eliminate existing inconsistency and overlaps of its laws.
REPOSISI POLITIK HUKUM PERJANJIAN INTERNASIONAL DALAM RANGKA MEWUJUDKAN TERTIB HUKUM DI INDONESIA Dhiana Puspitawati; Adi Kusumaningrum
Jurnal Media Hukum Vol 22, No 2 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0060.258-273

Abstract

In Indonesia, here is no exact politic and legal system regarding the application of International Treaty within national legal system. Article 11 of Indonesian Constitution 1945 merely envisages the division of authority between President and Parliament in ratifying international treaty, however, such article does not state clearly Indonesia’s legal politics concerning the application of international treaty within national legal system. The lack of clarification on Indonesia’s legal and political system in such area raises problems in the application of international treaty domestically. This research is aimed to:  (1) analyses Indonesia’s legal politic concerning the application of international treaty towards Indonesian Constitution 1945 as well as other legal instruments; (2) analyses legal implications of international treaty upon Indonesia’s national interests and; (3) propose concept on legal politic regarding the application of international treaty in Indonesia. Since legal politic is crucial in supporting which law should be implemented towards state’s national goal, it is important to clarify Indonesia’s legal politic concerning the implementation of international treaty. As stated by Hans Kelsen, that as the application of the rule of law, a state should eliminate existing inconsistency and overlaps of its laws.
Urgensi Pengaturan Keamanan Maritim Nasional di Indonesia Dhiana Puspitawati; Kristiyanto Kristiyanto
Jurnal Media Hukum Vol 24, No 1 (2017): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0085.14-23

Abstract

Located between two continents and two oceans, Indonesia is vulnerable to various transnational crimes. Hence, the concept of maritime security emerged. This paper focuses on three crucial matters, maritime delimitation, IUU Fishing as well as piracy and armed robbery at sea. This research aims to analyze the urgency of national maritime security legal framework in Indonesia. This research uses normative method with statute approach and comparative approach. It is submitted that although regional dan international cooperation is important to address maritime threats, national legal instrument is also necessary. Unfortunately, Indonesia still does not have comprehensive national legal instrument in place. Thus, it is argued that Indonesia should formulate specific policy and national legal frameworks in addressing maritime threats completed with certain measures for each threats as well as point out which institutions competent in handling each threats.