Overlapping Authorities In Maritime Law Enforcement: A Case Study Of Ternate City

Maritime law enforcement: Indonesia's experience against illegal fishing

The recognition of Indonesia as an archipelagic country by the international community provides a strong legal basis in an effort to uphold State Sovereignty in safeguarding Indonesian sea waters. When conducting sea security operations, the Indonesian Navy, one of the law enforcement entities at sea, frequently discovers violations against foreign ships that anchor illegally. This is particularly common in the waters of the North Bintan Riau archipelago, which is immediately adjacent to the Strait of Malacca. In consequence of this, maritime security is affected, and law enforcement institutions at sea require legal certainty in order to establish order and take decisive action against foreign ships that anchor illegally. Examining maritime law enforcement and legal clarity in relation to foreign ships anchoring in Indonesian waters is the aim of this study. This study implements a qualitative approach to descriptive analysis as its method. Qualitative methods are used to further evaluate data collected from reliable respondents. According to the study's findings, foreign ships that engage in illegal anchoring pose a serious threat to maritime security. As a result, the Navy and other law enforcement agencies may collaborate to enforce laws that the government has fixed, complementing one another and making it easier for agencies to carry out their respective duties and responsibilities in stopping and taking action against these ships.

This study examines the effectiveness of cooperation between the Directorate of Water and Air Police (Polairud) and other institutions in addressing illegal fishing in Indonesian waters. The phenomenon of illegal fishing, particularly by foreign vessels in the Exclusive Economic Zone (EEZ), has caused significant economic, social, and ecological losses. Polairud, as a maritime law enforcement agency, plays a crucial role in patrolling, investigating, and securing maritime areas. However, its effectiveness relies heavily on synergy with other institutions such as the Ministry of Maritime Affairs and Fisheries (KKP), the Indonesian Navy, and the Maritime Security Agency (Bakamla). This study uses a juridical-empirical approach with qualitative analysis of statutory data, institutional documents, interviews, and reports of joint patrol activities. The results indicate that inter-agency cooperation has been implemented through integrated patrols, information exchange, and technical training, but still faces obstacles such as overlapping authority, sectoral egos, and limited patrol and communication facilities. Regulatory harmonization increased inter-agency coordination, and the establishment of a Joint Command Center as a joint control center for maritime law enforcement are needed. Strong institutional synergy will strengthen efforts to eradicate illegal fishing and guarantee protection of the sovereignty and sustainability of Indonesia's marine resources.

The increasingly massive development of technology and information has made the law enforcement process in Indonesia experience new developments with the use of social media. Social media can accommodate viral content that can act as a control for law enforcement efforts. This research seeks to analyze the impact of viral law enforcement in terms of social and legal change aspects. The research results show that effective law enforcement must actually refer to and accommodate societal developments, especially those related to societal and technological developments. The law enforcement process is actually relevant to accommodating developments in society as long as it is oriented towards realizing legal goals, especially law enforcement goals that are justice-oriented and guarantee the greatest benefit for society. Virality-based law enforcement actually seeks to facilitate the role of the community in continuing to supervise and monitor the law enforcement process. In this context, virality can be a solution as well as a form of community participation in efforts to make just law enforcement successful.

The provision of legal aid is a call from the side of the humanitarian aspect to help fellow human beings. This study aims to determine the legal aspects of providing legal aid as a form of law enforcement and human rights in Indonesia in order to achieve equitable access to justice. The method used in this research is normative juridical, with a library research approach. Data collection uses secondary data with qualitative descriptive data analysis methods. The results of this study, namely the provision of legal aid in essence in law enforcement is one of the factors in realizing law enforcement in Indonesia, namely upholding the values of truth and justice as one of the legal ideals based on equality before the law. The provision of legal aid is also an interpretation and implication of the principles of human rights itself, namely equality and the prohibition of discrimination.

Objective: This paper aims to elaborate on the morality of law enforcement in Indonesia today and how to reflect on law enforcement in Indonesia in the future. This paper uses a normative type of writing using a statutory, case, and comparative approach. Method: This paper is then analyzed using the Prescriptive analysis technique. Result: This paper shows that the morality of law enforcement in Indonesia today can be seen from several things: inconsistent law enforcement, corruption among law enforcement officials, law enforcement by violating the law, and selective law enforcement. The reflection of law enforcement in Indonesia in the future based on morality must be based on strengthening several aspects: strengthening integrity and ethics in law enforcement, transparency and accountability in the law enforcement process, revamping the legal system and institutions, and increasing legal awareness. Conclusion: The authors of this research want to learn more about and reflect on the moral dimensions of Indonesia's police force. This research aims to provide light on how morality influences the behavior of law enforcement officials by researching law enforcement methods, ethics, and justice. The study's findings should serve as a springboard for implementing more just rules and procedures in Indonesia's law enforcement.

Law enforcement in Indonesia is an important element in creating justice and order in society. In its implementation, law enforcement in Indonesia often faces challenges. In its implementation, law enforcement in Indonesia often faces challenges. This research uses a library method which focuses on collecting data from various written sources, such as books, journals, articles and so on that are relevant to the research. The results of the research show that the reality of law enforcement in Indonesia often shows that people in power tend to receive light sentences, while lower class people face heavy penalties even for minor violations, this reflects a law that is blunt upwards and sharp downwards. The challenges of law enforcement in Indonesia are caused by several things, such as the persistence of corruption at various levels of government and the judicial system in Indonesia. Apart from that, the "No Viral No Justice" phenomenon also shows the weak integrity of law enforcement officials. Legal sociology views that to improve this condition, legal awareness and compliance is needed in society as well as strengthening the integrity of law enforcement in Indonesia. Keywords: Law Enforcement, Sociology of Law, Justice

This study aims to provide an understanding of the urgency of the importance of Ratifying the Status of Rome for the enforcement of law and human rights in Indonesia which uses an analytical knife from Lawrence M Friedman's legal system theory. In Law number 26 of 2000 concerning the Human Rights Court has full legality in dealing with crimes of genocide and crimes against humanity but is this enough to make law enforcement in Indonesia fight or resolve human rights cases such as the Peter case, Semanggi I case and the -other cases need to apply a grand design for the settlement of these cases even more than that Indonesia's ratification will place Indonesia as one of the main supporters of international justice. In its implementation, Indonesia will join more than half of the world's people in ensuring that an effective justice system will prevent the worst crimes ever committed against humanity and ensure protection for all nations in the world, including Indonesia itself. This research is normative by using scientific literature such as written rules, theoretical and legal dogmas so that problems are resolved regarding the urgency of the importance of implementing the Rome Statute in Indonesia fulfilling three discussions, namely 1) The Importance of Ratification of the Rome Statute for Law Enforcement in Indonesia, 2) The Importance of Ratification of the Rome Statute Can Prevent Impunity in a Country, 3) Legal System Theory as a model in the application of Rome Statute ratification in Indonesia. so that this study can know the importance of the Rome Statute rules in Indonesia because they can be bound by international courts.

The crisis of law formation and enforcement in Indonesia stems not merely from procedural shortcomings but from a deeper collapse in legal values and morality. This paper examines the relevance of legal philosophy, particularly through its ontological, epistemological, and axiological dimensions, in analyzing and reconstructing Indonesia’s legal system. Ontologically, law must be understood as an embodiment of society’s moral values, not merely a written statute; Bernard Arief Sidharta emphasizes that law expresses a nation’s fundamental values. Epistemologically, the Indonesian legal system remains overly positivistic and insufficiently reflective, as criticized by H.L.A. Hart through his concept of the internal point of view. Axiologically, the law must not only pursue formal legitimacy but must realize justice as a foundational value. Gustav Radbruch famously argued that in extreme cases, justice must prevail over legal certainty. It is within this philosophical framework that law can be reshaped to align with the ideals of Pancasila. The Pancasila principles, ranging from humanity to social justice, must form the ethical and normative foundation of all legal policies. This article affirms that legal philosophy is not only a tool for reflection but a normative framework to build a moral, just, and emancipatory legal order in Indonesia.

Indonesia, as the world's largest archipelagic state, faces complex challenges in maritime law enforcement. The establishment of the Maritime Security Agency (BAKAMLA) as the embryo of the Indonesian Coast Guard aims to fulfill institutional needs to ensure security and safety within national waters. This study aims to analyze the essential role of BAKAMLA in maritime law enforcement and identify the regulatory challenges it faces. Using a normative juridical approach, this research examines various legal frameworks related to maritime institutions and authority. The findings reveal that overlapping regulations and authority among institutions such as the Indonesian Navy (TNI AL), the National Police (POLRI), the Ministry of Marine Affairs and Fisheries (KKP), and others significantly hinder BAKAMLA’s effectiveness. Therefore, harmonization of maritime legal systems and regulations is urgently needed. It is recommended to enact a Coast Guard Law as a single regulation that designates BAKAMLA as the main coordinator of maritime law enforcement. This reform is expected to improve inter-agency coordination, integrate early detection systems, and strengthen Indonesia’s maritime sovereignty and security.

Corruption law enforcement has become the main focus for many countries to eradicate rampant corrupt practices. Indonesia and Singapore, two Southeast Asian countries, have different approaches to law enforcement regarding corruption. This research compares corruption law enforcement in Indonesia and Singapore using a normative approach to evaluate success criteria in prosecuting corruption. This approach includes aspects such as the quality of legislation, the effectiveness of law enforcement agencies, compliance with the law, and the level of disclosure and prosecution of corruption cases. The research method used is comparative descriptive analysis, which collects secondary data from various sources, including laws, research reports, and official documents related to corruption law enforcement in both countries. This analysis compares the legal framework, law enforcement processes, and results of corruption law enforcement in Indonesia and Singapore. The results show significant differences between Indonesia and Singapore regarding corruption law enforcement. Singapore has a stricter legal framework, more effective law enforcement agencies, higher levels of compliance with the law, and better disclosure and prosecution rates of corruption cases compared to Indonesia. The implication of this finding is the importance of the quality of laws, the effectiveness of law enforcement agencies, and the level of compliance with the law in determining the success of corruption law enforcement.

For law enforcement in the IEEZ in the context of Indonesia's national interest in the marine sector, the Indonesian Navy, the Maritime Security Agency (Bakamla), and the Ministry of Maritime Affairs and Fisheries (KKP) have carried out the execution of the sinking of foreign fishing vessels caught carrying out illegal fishing practices in the territorial waters Indonesia. This policy is intended as a stern warning to the perpetrators of illegal fishing as well as a form of Indonesia's commitment in monitoring and enforcing the law in Indonesian marine areas, which will continue to be carried out in order to have a deterrent effect on the perpetrators. However, the act of catching foreign fishing vessels is carried out, still based on the applicable rules and regulations, as well as the fulfillment of sufficient initial evidence. Sufficient preliminary evidence to arrest a foreign-flagged fishing vessel is evidence that suspects a criminal act in the field of fisheries by a foreign-flagged fishing vessel.

Law enforcement has a strategic role in determining the quality of law enforcement in a country. In Indonesia, the performance of law enforcers is often considered unsatisfactory. This public dissatisfaction is a sign of weak law enforcement in Indonesia. The law which is considered a way to seek justice for society gives a sense of injustice. One of the causes of weak law enforcement in Indonesia is the quality of law enforcement. The low level of morality results in a lack of professionalism and unwillingness to enforce law enforcement. This morality is also related to corruption by law enforcement officers (judicial corruption). Law enforcers who are supposed to enforce the law are involved in corrupt practices. This low mortality causes law enforcement in Indonesia to be weak. Law enforcement will be strong and respected if law enforcers act professionally, and honestly and apply the principles of good governance. One example of weak law enforcement fines for drivers who violate traffic rules. Not a few motorists who do not want to be tried in court and choose the "peaceful place" route. This has been happening for years so it has become an open secret. As a result, there is public distrust of law enforcement. If not resolved immediately, this public distrust can lead to vigilante action. People who don't trust law enforcement may prefer to solve problems with violence or their way. A legal expert Leon Duguit said that the law is a rule of public behavior that must be obeyed as a guarantee of the common interest, which if violated will lead to criticism as a reaction. Meanwhile, law enforcement is a system in which there is a government or state institution that acts in an organized manner to ensure justice and order by using instruments or tools of power.

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.

This study aims to determine the implementation of the Forest Law Enforcement, Governance, and Trade (FLEGT) licensing scheme in Indonesia, focusing on its improvements and handling in relation to deforestation law enforcement. The research method used is qualitative, with an empirical juridical, statutory, and contextual approach. The results of this study indicate that aspects of environmental law enforcement in Indonesia have not yet come to light. The responsible authorities and powers exhibit a tendency to supersede established regulations of environmental law enforcement regarding procedural requirements, remedies, and sanctions. Consequently, reforestation schemes and forestry restoration permits, which are intended to counteract the effects of deforestation, have proven to be ineffective. This ineffectiveness can be attributed to the ongoing industrial forestry activities carried out by companies and entrepreneurs, which lack the requisite procedures for ensuring accountability in environmental restoration.