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All Journal WAJAH HUKUM Indonesian Journal of International Law
Budi Ardianto
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Facility Security Measures at Ujung Jabung Port: a Review in Terms of The International Ship and Port Facility Security Code Farisi, Mochammad; Putra, Akbar Kurnia; Ardianto, Budi; Harahap, Rahayu Repindowaty
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (473.864 KB)

Abstract

Ujung Jabung is a region located in the District of Sadu at Tanjung Jabung Regency, Jambi Province, Indonesia. The area strategically lies in the Indonesian Archipelagic Sea Lane 1 (ALKI 1), which is the international trading and shipping lane. It brings about an excellent opportunity for economic development in Jambi Province. With this in mind, the Government of Jambi develops the region into a strategic area that includes Ujung Jabung Port. Based on the 2011-2031 Region’s Spatial Plan (RTRW) of East Tanjung Jabung Regency, the regency designed it to be the main port with the name of Samudera Ujung Jabung Port. The international shipping routes at the port are Ujung Jabung-West Asia-East Europe and Ujung Jabung-Southeast Asia-East Asia. Due to its international nature, the construction of Samudera Ujung Jabung Port should follow the international measures on the security of the port, shipping, and facility. As a Member of the International Maritime Organization (IMO), Indonesia is subject to international law. It ratifies the United Nations Convention on Safety on Life at Sea (SOLAS) 1974 and the auxiliary instrument of International Ships and Port Facility Code (ISPS Code). Accordingly, the construction of Samudera Ujung Jabung Port should comply with the international safety standard as written in the ISPS Code.
Eksistensi Kearifan Lokal dalam Pengaturan Pemilihan Kepala Desa Ditinjau dari Undrip (Studi Kasus Pemilihan Kepala Desa pada Masyarakat Adat Kedepatian Semerap Kabupaten Kerinci) Dony Yusra Pebrianto; Budi Ardianto; Taufan Dyusanda Putra
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.280

Abstract

Internationally The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes respect for the local wisdom of indigenous legal communities. The selection of village heads is one of the regulatory concepts stipulated in Law No. 6 of 2014 on Villages. The selection of village heads in the concept of this law is conducted simultaneously stipulated by local regulations and the procedures are specifically regulated through government regulations as stipulated in Article 31 of Law No. 6 of 2014 on Villages. But it turns out that in practice, especially in indigenous peoples, the deability of the village head election often clashes with the arrangement of the village head election. So in this case the formulation of the problem in this writing is how the arrangement of the rights of indigenous peoples in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the value and concept of local wisdom that applies in the selection of village heads in 5 (Five) Villages Semerap Kedepatian. The method used in this writing uses empirical juridical methods. And in this case it is concluded that UNDRIP regulates matters relating to individual rights as well as very specific collective rights sourced from indigenous peoples. In this case the State is obliged to protect or fulfill the rights of indigenous peoples including cultural heritage and their cultural manifestations including human resources and genetics. And in the indigenous people of kedepatian semerap Kerinci regency there is a customary provision where the prospective head of the village must get customary recommendations and be appointed from Depati and Nenek Mamak. The provision is considered contrary to the local Paraturan in relation to the election of the village head. So given the provisions of UNDRIP and the 1945 Constitution, the State is obliged to protect and maintain these customs given the positive impact that arises from it. So in this case the customary provisions should be regulated in the Regulation including also about the recognition of indigenous peoples. In addition, the community needs to open a paradigm on human rights in the selection of village heads in addition to the paradigm of the enforcement of customary law there needs to be flexibility from the State as long as it is not contrary to national law.
Co-Authors Akbar Kurnia Putra Farisi, Mochammad Pebrianto, Dony Yusra Rahayu Repindowaty Harahap Taufan Dyusanda Putra