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PENANGGULANGAN TERHADAP KEGIATAN ILLEGAL FISHING OLEH KAPAL-KAPAL PENANGKAP IKAN ASING DI WILAYAH PANTAI BARAT SUMATERA Ferdi, Ferdi; Delfiyanti, Delfiyanti
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The intensity of fishing activity around West Coast Area of Sumatra increased along with the decrease of the fish amount in marine area in other countries. This condition urged foreign fisherman boats to search for a new fishing area including the West Coast Area of Sumatra. This Area was the strategic part of marine area of Indonesia, it directly faced the high seas, Indian Ocean. Based on the data from Department of Maritime Affairs and Fisheries, marine fishery source of Indonesia was estimated to reach 6.167.940 tons per year. This illegal fishing was certainly detrimental for the country since it threatened the fishery potentials and the fish stock was decreasing. The line of West Coast Area of Sumatra was prone with illegal fishing, which included West Sumatera, Nanggroe Aceh Darussalam, and North Sumatera. The illegal fishing activities in the West Coast of Sumatra had been apprehensive, because the waters around this area were the open sea easily entered by foreign boats. Therefore, âFishery Courtâ (in Medan) was formed to investigate, adjudicate, and decide criminal offense in fishery. The fishermen caught and arrested were then processed further based on the law referring to the Act No. 8 of 1981 on KUHP. Key Words: The Tackling, Illegal Fishing, West Coast Area of Sumatra

PELAKSANAAN PERJANJIAN KERJASAMA PERDAGANGAN BEBAS ASEAN - CINA (ACFTA) TAHUN 2010 DAN IMPLIKASINYA BAGI INDONESIA Magdariza Magdariza; Delfiyanti Delfiyanti
Masalah-Masalah Hukum Vol 40, No 4 (2011): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro

Nowadays, the development of free trade around A SEAN especially between ASEAN's nations and China through the "ASEAN - China Free Trade Agreement (ACFTA)" that started being effective on January 1, 2010. The establishment of a free trade area between ASEAN and China made rnconsidering China is a huge economic potency that the establishment of this cooperation is expected to drive economic growth in the Ase an region of countries member. Therefore, the greater opportunity for A SEAN and China is possible to expand the trade relations between the two countries. While in Indonesia the implementation of it is based on the Regulation of Financial Minister of Indonesia Republic No. 235/PMK.011/2008 about the determination of import tariffs to the framework of ASEAN-China Free Trade Area (ACFTA) in which the determination of 0% tariffs on goods have been targeted to 0% in 2010. As for there are some positive implications for the implementation of this in Indonesia is from the International standpoint, with theimplementation of ACFTAin Indonesia, providing great significance forgeostrategic and economic interests of Indonesia. From the national side, it is a challenge for Indonesia. where the fierce competition in terms of trade with other ASEAN countries and particularly with China, has made ffilndonesia to be more paid attention against the production quality and increase the creativity of the industry and entrepreneurs in producing and creating Indonesia's domestic-product that is ready to compete with other countries by providing international standard of production quality To be viewed in the long run of A CFTA implementation in Indonesia will bring benefits in the form of more smoothly investment flows, broader trade and economic scale so great that produce a rational allocation of resources and improve efficiency On the other hand, the negative implication is the application of import tax rates to zero percent has been made rnto the local industry in order to reduce the amount of production and it is caused by a flood of Chinese products and other ASEAN countries. with a cheaper price. It has also triggered the end many of the local industries including among SMEs and to "shut down" due not be able to compete with goods from China are cheaper than the local price. Actually, this happens due to the lack of human resources quality (HR) as well as the existing of Indonesian capital.

PERJANJIAN ASEAN COMPREHENSIVE INVESTMENT AGREEMENT (ACIA) TAHUN 2009: PROSPEK DAN TANTANGANNYA BAGI INDONESIA Delfiyanti Delfiyanti
Masalah-Masalah Hukum Vol 43, No 4 (2014): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro

ASEAN Economic Community 2015 established to realize the ASEAN single market with free trajectory including in investment. Therefore, the country members of ASEAN has agree with the ASEAN Comprehensive Investment Agreement (ACIA) held ini Cha-Am (Thailand) in 26 February 2009 for investment liberalization in region of ASEAN. The agreement was ratified by the members of ASEAN including Indonesia. Consequently, all members of ASEAN included for implement the agreement content. For Indonesia, the situation becomes opportunity to improve of investment cooperation with the members of ASEAN also bring a chance for investment in country members of ASEAN and increase the investment current to Indonesia, in one hand. In other hand, it is become a challange on how to complement the management of investment in Indonesia under Act No. 25 of 2007 on Capital Investment with ACIA. Keywords : ASEAN Comprehensive Investment Agreement (ACIA); ASEAN Economic Community 2015, Prospect and IndonesiaMasyarakat Ekonomi ASEAN 2015 dibentuk dalam rangka mewujudkan pasar tunggal ASEAN dengan arus lintas yang bebas diantaranya terhadap bidang investasi. Untuk itu, negara-negara anggota ASEAN telah menyepakati Persetujuan Penanaman Modal Menyeluruh ASEAN (ACIA) yang ditandatangani di Cha-Am (Thailand) pada tanggal 26 Februari 2009 dalam rangka liberalisasi investasi di wilayah ASEAN. Perjanjian ini telah diratifikasi oleh seluruh negara anggota ASEAN termasuk Indonesia. Akibatnya seluruh anggota ASEAN terikat untuk melaksanakan isi perjanjian tersebut. Bagi Indonesia, ini merupakan suatu peluang untuk meningkatkan kerjasama invesasi dengan negara anggota ASEAN lainnya sekaligus membuka kesempatan untuk melakukan investasi di negara anggota ASEAN serta meningkatkan arus investasi masuk ke Indonesia. Di lain pihak, juga terdapat tantangan bagaimana mengharmonisasikan pengaturan investasi di Indonesia yaitu Undang- Undang No. 25 Tahun 2007 tentang Penanaman Modal dengan ACIA sendiri. Kata Kunci : Persetujuan Penanaman Modal Menyeluruh ASEAN; Masyarakat Ekonomi ASEAN 2015; Prospek dan Indonesia

PENANGGULANGAN TERHADAP KEGIATAN ILLEGAL FISHING OLEH KAPAL-KAPAL PENANGKAP IKAN ASING DI WILAYAH PANTAI BARAT SUMATERA Ferdi Ferdi; Delfiyanti Delfiyanti
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.362

The intensity of fishing activity around West Coast Area of Sumatra increased along with the decrease of the fish amount in marine area in other countries. This condition urged foreign fisherman boats to search for a new fishing area including the West Coast Area of Sumatra. This Area was the strategic part of marine area of Indonesia, it directly faced the high seas, Indian Ocean. Based on the data from Department of Maritime Affairs and Fisheries, marine fishery source of Indonesia was estimated to reach 6.167.940 tons per year. This illegal fishing was certainly detrimental for the country since it threatened the fishery potentials and the fish stock was decreasing. The line of West Coast Area of Sumatra was prone with illegal fishing, which included West Sumatera, Nanggroe Aceh Darussalam, and North Sumatera. The illegal fishing activities in the West Coast of Sumatra had been apprehensive, because the waters around this area were the open sea easily entered by foreign boats. Therefore, “Fishery Court” (in Medan) was formed to investigate, adjudicate, and decide criminal offense in fishery. The fishermen caught and arrested were then processed further based on the law referring to the Act No. 8 of 1981 on KUHP. Key Words: The Tackling, Illegal Fishing, West Coast Area of Sumatra

UPAYA PENINGKATAN PENGETAHUAN MASYARAKAT MELALUI PELATIHAN PENDAFTARAN MEREK DAGANG DI NAGARI SASAK DAN NAGARI KAPA Delfiyanti Delfiyanti; Khairani Khairani; Yasniwati Yasniwati; Wetria Fauzi
BULETIN ILMIAH NAGARI MEMBANGUN Vol 3 No 1 (2020)
Publisher : LPPM (Institute for Research and Community Services) Universitas Andalas Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/bina.v3i1.248

The people of Nagari Sasak and Nagari Kapa, Sasak Ranah Pasisie District, West Pasaman Regency live from agriculture and trade. Communities trade their agricultural and plantation products from one area to another. However, the community also then processes agricultural and plantation products in the form of processed food. Furthermore, these processed foods are made in various types of food, such as processed food, which is their central mainstay and in the form of ripik and rending meat, and so on. The problem is that many people do not understand the need to register trademark rights and services for these products. The purpose of this service is to provide understanding to the public about the importance of registering registration rights and trade services so that the community is legally protected. The activity method is carried out through lectures, discussions, and training based on Law No. Law No. 20 of 2016 concerning Brands and Geographical Indications. The results of this activity then have added insight and understanding to the people of Nagari Sasak and Nagari Kapa, Sasak Ranah Pasisie District, West Pasaman Regency regarding the procedures and processes for registering trademark rights and services for the food products they make and helping to help improve the economy of the Nagari Sasak and Nagari communities Kapa.

PERSETUJUAN PENANAMAN MODAL MENYELURUH ASEAN (ACIA) DALAM RANGKA LIBERALISASI PENANAMAN MODAL PADA MASYARAKAT EKONOMI ASEAN Delfiyanti Delfiyanti
Jurnal Bina Mulia Hukum Vol. 1 No. 2 (2017): Jurnal Bina Mulia Hukum Volume 1 Nomor 2 Maret 2017
Publisher : Faculty of Law Universitas Padjadjaran

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AbstrakMasyarakat Ekonomi ASEAN bertujuan ingin menciptakan pasar tunggal dan basis produksi yang stabil, makmur, sangat kompetitif, dan terintegrasi secara ekonomis. Dalam rangka liberalisasi khusus di bidang penanaman modal atau investasi negara-negara anggota ASEAN telah menyepakati Persetujuan Penanaman Modal Menyeluruh ASEAN (ASEAN Comprehensive Investment Agreement atau ACIA) yang ditandatangani di Cha-Am (Thailand) pada tanggal 26 Februari 2009. Penelitian ini menggunakan metode penelitian yuridis normatif yang dilakukan dengan cara meneliti bahan perpustakaan atau data sekunder dengan menggunakan teknik analisis data kualitatif. Dari hasil penelitian dapat disimpulkan bahwa persetujuan ACIA bermaksud untuk melakukan liberalisasi secara progresif terhadap tata aturan investasi Negara-negara Anggota ASEAN untuk mencapai iklim investasi yang bebas terbuka serta peningkatan transparansi dan prediktabilitas aturan-aturan, peraturan-peraturan dan prosedur penanaman modal yang kondusif untuk meningkatkan penanaman modal di Negara-negara Anggota ASEAN dalam rangka Masyarakat Ekonomi ASEAN. Bagi Indonesia dengan adanya Pertujuan ini tentunya memberikan tantangan sekaligus kesempatan untuk memanfaatkan Persetujuan ini dengan baik serta mengharmonisasikan pengaturan penanaman modal asing Indonesia dengan persetujuan ACIA tersebutKata kunci: liberalisasi; masyarakat ekonomi ASEAN; persetujuan penanaman modal. AbstractASEAN Economic Community is intended to create a single market and production base that is stable, prosperous, highly competitive and economically integrated. In the framework of liberalization specialized in the field of investment or it is this investment where ASEAN member countries have agreed on the ASEAN Comprehensive Investment Agreement (ACIA) that has been signed in Cha-Am (Thailand) on February 26, 2009. This research used normative juridical research conducted by examining the library materials or secondary data using analysis techniques on qualitative data. From the research it can be concluded that the consent of the ACIA intends to progressively liberalize the investment rules governing the Member Countries of ASEAN to achieve a free, open investment climate as well as to increase the transparency and predictability of conducive rules, regulations and procedures in investment to increase investment in ASEAN Member countries in the framework of the ASEAN Economic Community. For Indonesia with the Agreement it certainly provide a challenge and an opportunity to take advantage of this Agreement, as well as harmonizing the regulation of Indonesian foreign investment with the Agreement of the ACIA.Keywords: ACIA; ASEAN economic community; liberalization.

The Form of Dispute Settlement in The Border of Sea Region of Asean State Members and Its Implications to Indonesia Delfiyanti Delfiyanti
Andalas International Journal of Socio-Humanities Vol. 2 No. 1 (2020)
Publisher : Lembaga Penelitian dan Pengabdian Universitas Andalas

The ASEAN Charter itself has been recently effective on 15th December 2008 after going through the ratification of the ASEAN state members that have ratified a charter that makes the regional bloc into an "legal" institution (Legal Personality) for the first time. As we know the relationship among ten ASEAN state members does not always work smoothly. Sometimes disputes arise also where the most frequently occurring case is concerned to the regional border or annexation of Malaysia-Singapore about the regional annexation of Batu Pateh, Thailand-Cambodia border as a seizure and the other border areas. Particularly in the sea region a dispute is often occurred among ASEAN state members since at some certain marine areas it is still not yet clear about the borders of its territory. This has resulted in overlapping claims among these countries. It influences the fishing areas where the fishing boats and fishermen would be considered illegal fishing when crossing the boundaries of sea claimed by a country. Though the sea areas are not yet clear about the ownership. Eventually it became a dispute among ASEAN state members. Hence, it takes ways of resolving disputes among ASEAN state members. In this case, the ASEAN Charter contains the methods for settling disputes among ASEAN state members. Indonesia itself is one of ASEAN state members which has sea border with some ASEAN state members which also have sea dispute. Therefore, Indonesia also participated and signed the agreement and will also be bound at later by the ways set out in the ASEAN Charter.

Implementation of Economic Rights Principles on Trademark In Trading of Product in The Pandemic Covid-19 Era Delfiyanti Delfiyanti
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.680

In accompany with the tight trading competition, it is imply that trademark plays significant role to known as the special product in common and had the power and useful when it managed in appropriate. Trademark is not just the word related to the product or collection only but the process and business strategy. Therefore, trademark have a value and equity. Thus equity becomes important as the value to be a benchmark of product in the marketplace. However, the pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia.

The Development of Economic Right Principle Implementation of Trademark Right in The Covid-19 Pandemic Era Najmi; Delfiyanti
Andalas International Journal of Socio-Humanities Vol. 3 No. 1 (2021)
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Andalas

The pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia. By the reasons, the study categorized by, first, the development of Economic Right principle implementation of trademark right in the pandemic era. Secondly, the challenge and effort an implementation of Economic Right principle of trademark right in trading at pandemic era. The study uses normative law method by literature study of related material and the data analysis uses qualitative. According of Act No. 20 of 2016, involves Trademarks and Geographical Indications, the trademark right is an exclusive one granted by the state to the owner for a registered brand for a certain period by using the mark or giving permission to other parties for it. However,it is difficult in current conditions to introduce a new trademark to society amid a weak economic situation so that most recognized trademark will be better able to survive amid the economic downturn in the covid-19 pandemic era. The situation result in violation of trademark ownership when a product is given a label from a previously brand so that a lawsuit can be filed. An interested party may file a lawsuit for the cancellation of a registered trademark and the cancellation submitted to the Commercial Court against the owner of the registered trademark.

ASEAN Territorial Trading Liberalization through ASEAN Charter Retification for Indonesia under the Legal Aspect Review M. Jhon; Delfiyanti
Andalas International Journal of Socio-Humanities Vol. 3 No. 2 (2021)
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Andalas

ASEAN Charter is the most important “legal instrument” and sucessor of Bangkok Declaration 1967. It also contain the status and position of ASEAN on the including agreement. The Charter come into effect since 15 December 2008 after ratification of ten ASEAN member-states. Indonesia was ratifying by Act No.38 of 2008 on ratification of ASEAN Charter. It had a legally binding to Indonesia. The content related to the establishment of ASEAN Economic Community in economy, socioculture, and security politics. Moreover, the agreement comprise a critical issue, trading liberalization or “ASEAN Single Market” through ASEAN Economic Community. Therefore, the ratification of ASEAN Charter gives significant influence to the Indonesia in the future. By the reasons, the objectives of research are, first, analyze the implication of Act No.38 of 2008 on ratification of ASEAN Charter to Indonesia in correlation with ASEAN Economic Community under legal aspect review, and second, analyze the challenge and opportunity in participation of ASEAN Economic Community as indonesia has ratified the Charter.

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