Muhammad Insan Tarigan, Muhammad Insan
Universitas Gadjah Mada, Yogyakarta

Published : 6 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 6 Documents
Search

UPAYA KONSERVASI INDONESIA ATAS SUMBER DAYA IKAN DI LAUT LEPAS Tarigan, Muhammad Insan
FIAT JUSTISIA Vol 9, No 4 (2015)
Publisher : Lampung University

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

Abstract

The principle of freedom of fishing on the high seas was recognized as one of the principles in customary international law, the Geneva Convention on the High Seas1958, and Part VII of UNCLOS 1982. Regarding to thehigh level of utilization of fish led to the crisis of fishery resources, then the responsible fisheries management becomes a common agenda of the international community. Thisresearch is a normative legal research, data collection was done through studyliterature and documentaries on the primary and secondarylegal materials related to this problem.After conductedthe identification and classification of the data, then data was analysed normatively. There are some international conventions as a basis for maintainingthe conservation of fish on the high seas. UNCLOS 1982, the 1993 FAO Compliance Agreement, the Code of Conduct for Responsible Fisheries (CCRF) in 1995, the IPOA-IUU Fishing, 2001. The result showed thatIndonesia has had several regulations concerning to fisheries, such as Law Number 31 of 2004 concerning to Fisheries and Law Number 45 of 2009 concerning to Fisheries, and the Minister of Marine and Fisheries Regulation Number PER.03/MEN/2009 on Fishing and/or Transporting Fish on the High Seas and the Ministerial Regulation Number Per.12/Men/2012 concerning toEnterprises Capture Fishery on the High Seas. The Government of Indonesia should be able to take advantage of such participation and to improve the exchange of information, data, research fisheries, combating illegal arrests, and other forms of cooperation.Keywords: High Seas, Fish Resources, Indonesia, conservation
Implementation of Countermeasures Effort of Illegal Fishing in Indonesia (Case Study on Sinking the FV Viking Vessel) Tarigan, Muhammad Insan
JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i01.23213

Abstract

Geographically almost 70% of Indonesian territory consists of waters that potentially storing an amazing wealth of the sea, and the biggest is on fisheries sector. Illegal fishing that was done by foreign vessels in Indonesian territorial waters was estimated giving loss to Indonesia around 1 million ton/year (Rp 30 trillion/year). Indonesian government has decided to take policy in doing sinking illegal fishing vessels for the actors of illegal fishing in Indonesia. How is the relevance of international law with the law on sinking foreign vessels in Indonesia and the implementation on the regulation of sinking FV Viking Vessel. The research on this paper is normative legal research, and research method library research also documenter not only to the primary sources but also to secondary sources that related with the problem on this research. After the identification and classification process, the problem will be normatively analyzed using the data. Illegal fishing is not only affecting the economy aspect but also affecting the other aspects, such as state sovereignty, social, as well as environmental of the sea. The law of sinking illegal fishing vessels is not contradicting and still considered relevant with International law, either UNCLOS 1982, IPOA-IUU Fishing or CCRF. An FV Viking vessel was caught by TNI AL working with Norwegian Interpol at Indonesian ZEE. FV Viking vessel was entering to Indonesian territory without doing the obligation to reporting their identity and the navigation data. Moreover, this vessel does not have the License on Fishing. The sinking vessel is better not using the bombing method but using the method of burning the vessels with oil fuels thus it will be more cost saving. Sinking illegal fishing vessels is supposed to be done after there is a judgment from the court.
BISNIS DAN HAK ASASI MANUSIA: APA YANG DILAKUKAN ASEAN? Tarigan, Muhammad Insan
TANJUNGPURA LAW JOURNAL Vol 3, No 2 (2019): VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Tanjungpura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26418/tlj.v3i2.25708

Abstract

Multinational corporations (MNCs) are business actors who have activities beyond a country's boundaries. This MNCs activities cannot be denied to have an influence on human social life, one of them is human rights. With those regards, regulations at international level have difficulties, because MNCs have not been recognized as the subject of international law. Furthermore, in the context of human rights, MNCs cannot be held accountable, because in this case only the country as the duty bearer of human rights. These conditions make no rules that can bind MNCs behavior to human rights. This article will focus on discussing how the international community takes action on business and human rights issues and the measures that ASEAN can take to engage in business and human rights issues in Southeast Asia. Although, there are some international rules that are born from various international cooperation, but the nature of the rule is the majority of soft law. These business and human rights issues became the international community's attention for a long time until finally the United Nations (UN) Representative made UN Guiding Principles, which also known as Ruggie's Principles. Southeast Asia through AICHR can take several actions to advance the protection of human rights related to business activities as contained in UNGPs and Ruggie's principles, such as AICHR can undertake study literature, encourage Member States to take effective action, engage in dialogue and consultation with organs of ASEAN, community organizations, and other stakeholders, and create a binding legal instrument concerning business and human rights.Multinational corporations (MNCs) merupakan pelaku bisnis yang memiliki aktivitas melewati batas suatu negara. Kegiatan MNCs ini tidak bisa dipungkiri memiliki pengaruh terhadap kehidupan sosial manusia, salah satunya hak asasi manusia (HAM). Pengaturan di tingkat internasional mengalami kesulitan, karena MNCs belum diakui sebagai subjek hukum internasional. Kemudian dalam konteks HAM, MNCs tidak dapat dimintai pertanggungjawaban, karena dalam hal ini hanya negaralah sebagai pemegang kewajiban (duty bearer) HAM. Kondisi tersebut membuat tidak ada aturan yang mengikat perilaku MNc terhadap HAM. Artikel ini akan fokus mendiskusikan bagaimana masyarakat internasional mengambil tindakan terhadap permasalahan bisnis dan HAM serta langkah-langkah yang dapat dilakukan oleh ASEAN untuk ikut membicarakan bisnis dan HAM di Asia Tenggara. Meskipun, ada beberapa aturan internasional yang lahir dari berbagai kerjasama internasional, tetapi sifat dari aturan tersebut mayoritas soft law. Persoalan bisnis dan HAM ini menjadi perhatian masyarakat internasional dalam jangka waktu yang lama hingga pada akhirnya Perwakilan Bangsa-Bangsa (PBB) membuat UN Guiding Principles yang juga dikenal sebagai Ruggies Principles. Asia Tenggara melalui AICHR dapat melakukan beberapa langkah untuk memajukan perlindungan HAM yang berkaitan dengan aktivitas bisnis seperti yang tertuang di dalam UNGPs dan Ruggies principles, seperti AICHR dapat melakukan study literature, mendorong negara-negara anggota untuk mengambil tindakan yang efektif, melaksanakan dialog dan konsultasi dengan organ-organ ASEAN, organisasi kemasyarakatan, dan stakeholder yang lain, serta membuat instrument hukum yang mengikat tentang bisnis dan HAM.
Measuring Indonesia's Commitment to Reducing Plastic Waste in the Sea Through A Legal Approach Tarigan, Muhammad Insan
Lambung Mangkurat Law Journal Vol 6, No 1 (2021): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v6i1.242

Abstract

Indonesia is the second-largest producer of plastic pollution in the world after China. Based on the data in 2018, there were about 1.29 million tonnes plastic waste end up in the ocean per annum. With that regard, Indonesia needs to be responsible for the negligence in doing the international obligation to prevent, reduce, and manage the pollution that affect marine environment. The purpose of this research is to observe Indonesia’s commitment in reducing plastic pollution on marine environment by doing some legal approach. Therefore, this research conducted by normative juridical and using descriptive analysis. Data analysis that obtained is done through literature study. The conclusion of this research is that the commitment of Indonesian Government on preventing plastic waste in marine environment relatively needs to be improved. There are some of regulations which already targeted that has not established yet by Indonesian Government.
Implementation of Countermeasures Effort of Illegal Fishing in Indonesia (Case Study on Sinking the FV Viking Vessel) Tarigan, Muhammad Insan
JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i01.23213

Abstract

Geographically almost 70% of Indonesian territory consists of waters that potentially storing an amazing wealth of the sea, and the biggest is on fisheries sector. Illegal fishing that was done by foreign vessels in Indonesian territorial waters was estimated giving loss to Indonesia around 1 million ton/year (Rp 30 trillion/year). Indonesian government has decided to take policy in doing sinking illegal fishing vessels for the actors of illegal fishing in Indonesia. How is the relevance of international law with the law on sinking foreign vessels in Indonesia and the implementation on the regulation of sinking FV Viking Vessel. The research on this paper is normative legal research, and research method library research also documenter not only to the primary sources but also to secondary sources that related with the problem on this research. After the identification and classification process, the problem will be normatively analyzed using the data. Illegal fishing is not only affecting the economy aspect but also affecting the other aspects, such as state sovereignty, social, as well as environmental of the sea. The law of sinking illegal fishing vessels is not contradicting and still considered relevant with International law, either UNCLOS 1982, IPOA-IUU Fishing or CCRF. An FV Viking vessel was caught by TNI AL working with Norwegian Interpol at Indonesian ZEE. FV Viking vessel was entering to Indonesian territory without doing the obligation to reporting their identity and the navigation data. Moreover, this vessel does not have the License on Fishing. The sinking vessel is better not using the bombing method but using the method of burning the vessels with oil fuels thus it will be more cost saving. Sinking illegal fishing vessels is supposed to be done after there is a judgment from the court.
MEMBANGUN PENGELOLAAN PERIKANAN LAUT BEBAS DI ASIA TENGGARA YANG BERORIENTASI PADA KEBERLANJUTAN Tarigan, Muhammad Insan
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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

Abstract

High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important within Southeast Asia, either in economic interest or food security. In fact, ASEAN already have policy that support the sustainability of fisheries on the high seas, namely ASEAN Tuna Eco-Labelling (ATEL). Through this policy will make sure fishing activity is done without making any destruction to the ecosystem and ocean environment. However, ASEAN still need to develop a concept of high seas fisheries management that in line with common heritage of all mankind principle. Sharing benefit concept can be adopted to guarantee that high seas fisheries can be enjoyed by all of states in Southeast Asia.