Immaterial Losses Research Articles

Dua Sisi Gelap Covid-19 : Dilematis Antara Keterbukaan Data Identitas Penderita Covid-19 Dan Transparansi Data Publik Dalam Rangka Menekan Stigmatisasi

The Covid-19 case has had a huge influence on all aspects of human life, starting from health, economy, sosial, law, and many more. The COVID-19 pandemic has caused various frictions between various interests, one of which is a clash between individual interests and community interests. One of the obvious things about this problem is regarding the impact of COVID-19 in the field of sociology, especially the relationship between individuals, especially the issue of community stigmatization regarding infectious diseases, the dilemma between the privacy rights of the identity of COVID-19 patients and the disclosure of publik data on COVID-19 patients with various risks will injure and cause multiple material and immaterial losses. On the other hand, Covid-19 also raises various sosial-psychological problems and legal problems that still do not regulate all aspects of human life. This paper describes the sociological elements of COVID-19, the right to privacy, publik information disclosure, and the sosial-psychological impact of COVID-19, along with a juridical review of the right to privacy and publik disclosure of information regarding the transparency of COVID-19.

Hajj Pilgrims' Abandonment: The Protection for Consumer (Case of PT Anugrah Karya Wisata Utama and PT Abu Tours & Travel)

People are encouraged to selectively choose a trusted umroh travel agency. First Travel and Abu Travel has violated Article 65 letter a Government Regulation Number 79 Year 2012 on Implementation of Law Number 13 Year 2008 regarding Hajj Implementation. The violation is a neglect of Umrah pilgrims who failed to leave for Saudi Arabia, and resulted in material and immaterial losses experienced by Umrah congregation. The type of legal research used by the authors in this study is the type of legal case study research; This type of research is also called Library Research, is research conducted by tracing or reviewing and analyzing library materials or materials ready to use documents. Improving the supervision of umrah. The supervision is done because it can increase the travel agency of umroh and haj pilgrimage, so that with this supervision the prospective pilgrims who register will not get the act of fraud.

Legal Protection of Land Rights Certificate Holders in Certificate Blocking Event by Land Office

The certificate is a certificate of proof of rights that applies as a strong means of proof regarding physical data and juridical data, and this evidence is not the only evidence, only strong evidence. This research uses sociological juridical. Sociological juridical research identifies and conceptualizes law as a real and functional social institution in a real life system. This study comes in: 1) Blocking Defects in Article 1 point (1) of the Regulation of the Minister of ATR/Head of BPN Number 13 of 2017 about the procedure for blocking and confiscation is an administrative action of the Head of the Land Office or an appointed official to determine the status quo (freezing) on temporary land rights against changes to land law. 2) The state should protect the holder of the Land Rights Certificate because of the good faith of the holder and the state's decision to issue a certificate as proof of land rights which the state should not cancel without compensation. 3) Blocking that is not in accordance with Permen ATR/Ka.BPN 13 of 2017 about the procedure for blocking and confiscation does not only result in legal certainty not being realized, but also causes losses for the owner of the blocked certificate, both material and immaterial losses. Blocking cases has the potential to cause financial losses to the owner of the blocked certificate. Due to the block, the owner cannot access his land certificate. 4) Obstacles to land rights holders in the registration of the block because the land rights are disputed and confiscated by the Court or a dispute outside the court, the Land Rights are confiscated by PUPN/KPKNL in connection with the settlement of state receivables, so the parties are requested by the Head of the Land Office for blocking. The legal consequences for the owner of the certificate for blocking the Certificate of Land Rights at the Land Office are that the land is temporarily unable to take legal action and also the Land Office has the authority to refuse the registration of the Transfer and Transfer of Names to the Land Rights.

Legal Protection of Land Rights Certificate Holders in Certificate Blocking Event by Land Office

The certificate is a certificate of proof of rights that applies as a strong means of proof regarding physical data and juridical data, and this evidence is not the only evidence, only strong evidence. This research uses sociological juridical. Sociological juridical research identifies and conceptualizes law as a real and functional social institution in a real life system. This study comes in: 1) Blocking Defects in Article 1 point (1) of the Regulation of the Minister of ATR/Head of BPN Number 13 of 2017 about the procedure for blocking and confiscation is an administrative action of the Head of the Land Office or an appointed official to determine the status quo (freezing) on temporary land rights against changes to land law. 2) The state should protect the holder of the Land Rights Certificate because of the good faith of the holder and the state's decision to issue a certificate as proof of land rights which the state should not cancel without compensation. 3) Blocking that is not in accordance with Permen ATR/Ka.BPN 13 of 2017 about the procedure for blocking and confiscation does not only result in legal certainty not being realized, but also causes losses for the owner of the blocked certificate, both material and immaterial losses. Blocking cases has the potential to cause financial losses to the owner of the blocked certificate. Due to the block, the owner cannot access his land certificate. 4) Obstacles to land rights holders in the registration of the block because the land rights are disputed and confiscated by the Court or a dispute outside the court, the Land Rights are confiscated by PUPN/KPKNL in connection with the settlement of state receivables, so the parties are requested by the Head of the Land Office for blocking. The legal consequences for the owner of the certificate for blocking the Certificate of Land Rights at the Land Office are that the land is temporarily unable to take legal action and also the Land Office has the authority to refuse the registration of the Transfer and Transfer of Names to the Land Rights.

AKIBAT HUKUM WAN PRESTASI DARI SALAH SATU PIHAK DALAM NON DISCLOSURE AGREEMENT (PERJANJIAN KERAHASIAAN) YANG SULIT DIBUKTIKAN KEBENARANNYA

Non Disclosure Agreement is generally an agreement to disclose confidential information which can be in the form of Intellectual Property Rights or trade secrets. The formulation of the problem in this research is how the rights and the obligations as well as the legal protection of trade secrets in a Non Disclosure Agreement? What is the form of default in the case of PT. Basuki Pratama Engineering with PT. Hitachi Construction Machinery Indonesia? What is the analysis of the judge's considerations and the decisions in the cassation decision number: 3305 K/Pdt/2016 which is difficult to be prove the truth? The results of this research are First, the rights and the obligations in the Non Disclosure Agreement can be added to the clauses that have been agreed by the parties. This is done to protect confidential information held by the owner of the trade secret. Second, the default that generally occurs in the Non Disclosure Agreement is the misuse of confidential information that is used without the consent of the owner of the confidential information, and the resolution of this problem can be carried out by means of a civil lawsuit in the court. For these violations, there are legal consequences such as lawsuits by the owner of confidential information to the recipient of confidential information and the recipient of confidential information can be charged with his action under the Article 17 paragraphs (1) and (2) of the Trade Secret Law Number 30 of 2000. Third, in the legal case studied in this thesis, the judge has punished the defendants by holding the defendants accountable for material and immaterial losses by taking into account the evidence and the statements of the parties in order to give a fair decision for the parties. Keywords: Confidentiality Agreement, Information, Trade Secret.

THE CRIMINAL LAW POLICY IN THE COUNTERMEASURES OF ANARCHIST DEMONSTRATION IN INDONESIA

Everyone has the right to freedom of expression, where the opinion referred to can be expressed either in writing or in the form of a statement in public. For an opinion expressed in public, one of them is by using a method in the form of a demonstration. Demonstrations in everyday reality often cause problems at the level of implementation. However, it is guaranteed in our constitution, the procedures and implementation of demonstrations often hurt the spirit of democracy itself. Demonstrations often turn into anarchic actions and violate the social order that has been built in society. As stated in the facts, the number of anarchic demonstrations has resulted in a lot of material and immaterial losses, where the safety of the residents around the demonstration site is not guaranteed. This is very contrary to the purpose of democracy as the basis for the demonstration, so it is necessary that if there is a policy formulation in overcoming demonstrations carried out in anarchism

THE CRIMINAL LAW POLICY IN THE COUNTERMEASURES OF ANARCHIST DEMONSTRATION IN INDONESIA

Everyone has the right to freedom of expression, where the opinion referred to can be expressed either in writing or in the form of a statement in public. For an opinion expressed in public, one of them is by using a method in the form of a demonstration. Demonstrations in everyday reality often cause problems at the level of implementation. However, it is guaranteed in our constitution, the procedures and implementation of demonstrations often hurt the spirit of democracy itself. Demonstrations often turn into anarchic actions and violate the social order that has been built in society. As stated in the facts, the number of anarchic demonstrations has resulted in a lot of material and immaterial losses, where the safety of the residents around the demonstration site is not guaranteed. This is very contrary to the purpose of democracy as the basis for the demonstration, so it is necessary that if there is a policy formulation in overcoming demonstrations carried out in anarchism

VI. Tryphonin, Papinian und die Rücksicht auf immaterielle Nachteile im Schuldrecht

Abstract Tryphonin, Papinian and the regard for immaterial losses in the law of obligations. Contrary to the first impression given by the sources, there is no dispute among late classical lawyers as to whether a creditor can obtain compensation for an immaterial loss. Rather, the only disputed issue is whether a creditor can demand compensation for performance of monetary value even if it had benefitted a third party. Papinian and Paul affirm this with reference to the precept of bona fides. Tryphonin focuses on the creditor’s freedom of disposal: If the creditor can claim his interest in a hypothetical sale of the object of performance, he must also be entitled to do so if he wants to pass it on free of charge and thus prove his generosity.

Tanggungjawab Perusahaan Angkutan Terhadap Kerugian yang Ditimbulkan Akibat Kelalaian Pengemudi Selama Kegiatan Penyelenggaraan Pengangkutan

Secara fakta dapat diamati bahwa pengemudi angkutan tidak jarang melakukan tindakan yang diakibatkan kesengajaaan ataupun kelalaian yang berakibat pada kerugian bagi orang lain, yang dalam hal ini baik kerugian materiil ataupun kerugian immateriil. Hal tersebut dapat digambarkan seperti misalnya tindakan pengemudi yang sedang mengendarai kendaraannya secara tidak wajar dalam arti pada saat menjalankan tugas pengemudi sedang dalam keadaan tidak fit, lelah atapun dalam pengaruh alkohol atau obat terlarang yang tentu sangat berpengaruh terhadap kemampuannya untuk mengemudi kendaraan, sehingga terjadi kecelakaan dan menimbulkan kerugian bagi orang lain. Berdasarkan uraian tersebut maka peneliti merasa perlu untuk meneliti tingkat dan bentuk tanggungjawab perusahaan transportasi angkutan barang. Jenis penelitian yang dipergunakan dalam penelitian ini adalah jenis penelitian hukum empiris. Hasil daripada penelitian yaitu mengenai pengaturan pertanggungjawaban perusahaan angkutan dalam hal terjadi kerugian yang diakibatkan pengemudi selama kegiatan penyelenggaraan pengangkutan pada Kantor Pos Cabang Kamboja Denpasar dan PT. Maharani Prema Sakti Denpasar mengacu pada Undang-Undang No 22 Tahun 2009 Tentang Lalu Lintas Angkutan Jalan, yang dituangkan juga dalam perjanjian kontrak kerja antara perusahaan pengangkutan dengan pengemudi. Bentuk pertanggungjawaban perusahaan yakni Kantor Pos Cabang Kamboja Denpasar terhadap pengemudi, perusahaan sebelum memperkerjakan pengemudi sudah mengikutsertakan pengemudi tersebut dengan Asuransi. Namun apabila biaya asuransi masih kurang mencukupi untuk mem-back up pembiayaan pengemudi yang mengalami kecelakaan tersebut maka kekurangan biaya akan ditanggung oleh perusahaan. Sedangkan bentuk pertanggungjawaban pada perusahaan PT. Maharani Prema Sakti Denpasar yakni bertanggungjawab sesuai dengan isi daripada perjanjian kontrak kerja yang menyatakan tanggungjawabnya dalam nominal yang sudah ditentukan.

MEKANISME GANTI RUGI DAN REHABILITASI DALAM TINDAK PIDANA PENCURIAN YANG DILAKUKAN ANAK DIBAWAH UMUR (Studi Putusan Pengadilan Negeri Cibinong No: 36/Pdt.G/2012/PN.Cbn.)

Abstract The problem in this study is that the defendant who is underage committing a theft has been decided freely by the judge submitting compensation and rehabilitation because the defendant suffered material and immaterial losses in the Decision of the Cibinong District Court No: 36 / Pdt.G / 2012 / PN.Cbn . This study aims to understand how the compensation and rehabilitation mechanism of theft perpetrators has been dismissed freely. This study uses qualitative research methods using a normative approach. The results show that the convicted person has the right to claim compensation and rehabilitation, and compensation is directed at law enforcement or directed at the guilty party. Keyword : Compensation, Rehabilitation, Presumption not innocent Abstrak Masalah dalam penelitian ini adalah bahwa terdakwa yang di bawah umur melakukan pencurian telah diputuskan secara bebas oleh hakim yang mengajukan kompensasi dan rehabilitasi karena terdakwa menderita kerugian materi dan tidak material dalam Putusan Pengadilan Negeri Cibinong No: 36 / Pdt.G / 2012 / PN.Cbn. Penelitian ini bertujuan untuk memahami bagaimana mekanisme kompensasi dan rehabilitasi pelaku pencurian telah diberhentikan secara bebas. Penelitian ini menggunakan metode penelitian kualitatif dengan menggunakan pendekatan normatif. Hasil penelitian menunjukkan bahwa terpidana memiliki hak untuk mengklaim kompensasi dan rehabilitasi, dan kompensasi diarahkan pada penegakan hukum atau diarahkan pada pihak yang bersalah. Keyword : Kompensasi, Rehabilitasi, Praduga tidak bersalah

PENOLAKAN PENCATATAN PERKAWINAN OLEH KANTOR DINAS KEPENDUDUKAN DAN CATATAN SIPIL AKIBAT TERBITNYA AKTA PEMBATALAN PERKAWINAN

The research takes the theme of the Rejection of Marriage Registration by the Office of Population and Civil Registration of the City of Mataram due to the issuance of Marriage Cancellation Certificate Number 1 dated 22 July 2017 which was made before a Notary, by discussing the issue of the strength of binding to the Marriage Cancellation deed Number 1 dated July 22 2017 and the responsibility of the notary, researched using a normative juridical research type with a statutory approach, a conceptual approach and a case approach, the following conclusions are obtained: Deed of Marriage Cancellation Number 1 dated July 22, 2017 made before a notary has no binding power, because the notary does not have the authority to make deeds cancellation of marriage, but the authority of other officials as meant by the provisions of Article 15 of the UUJN. The making of the marriage annulment deed makes the prospective wife whose request for marriage registration is rejected suffer both material and immaterial losses. For such losses, the notary can be responsible from a civil law perspective on the basis of having committed an unlawful act as referred to in Article 15 UUJN in conjunction with Article 1365 KUH Perdata.

PENOLAKAN PENCATATAN PERKAWINAN OLEH KANTOR DINAS KEPENDUDUKAN DAN CATATAN SIPIL AKIBAT TERBITNYA AKTA PEMBATALAN PERKAWINAN

The research takes the theme of the Rejection of Marriage Registration by the Office of Population and Civil Registration of the City of Mataram due to the issuance of Marriage Cancellation Certificate Number 1 dated 22 July 2017 which was made before a Notary, by discussing the issue of the strength of binding to the Marriage Cancellation deed Number 1 dated July 22 2017 and the responsibility of the notary, researched using a normative juridical research type with a statutory approach, a conceptual approach and a case approach, the following conclusions are obtained: Deed of Marriage Cancellation Number 1 dated July 22, 2017 made before a notary has no binding power, because the notary does not have the authority to make deeds cancellation of marriage, but the authority of other officials as meant by the provisions of Article 15 of the UUJN. The making of the marriage annulment deed makes the prospective wife whose request for marriage registration is rejected suffer both material and immaterial losses. For such losses, the notary can be responsible from a civil law perspective on the basis of having committed an unlawful act as referred to in Article 15 UUJN in conjunction with Article 1365 KUH Perdata.

Analisis Faktor Perubahan Akad Murabahah menjadi Akad Rahn (Studi Kasus di BMT Surya Raharja Palang Tuban)

Banking is a very unique type. Its uniqueness lies in so many rules to protect all types of transactions. From the bank's internal side, regulations are made in such a way as to avoid risks that will bring material and immaterial losses. Many people in Indonesia do not yet know how the concept of how Islamic bank products work, especially in current financing products. Therefore, the basic thing for these banks must first be able to understand about financing products, especially murabahah financing and also financing using rahn contracts so that people can get to know them, and know more about products that are in accordance with BMT. With the existence of murabahah financing products and also financing with rahn contracts, people can carry out transactions in accordance with the applicable terms and conditions so that the transaction process can run smoothly. In this study, the authors used a qualitative type of research with a descriptive analysis approach. The method used in this study is the interview method and documentation from the financial institution concerned, which aims to answer the problem formulation raised by the author, namely: 1. What is the procedure for implementing murabahah and rahn contracts? 2. What factors cause the change of murabahah contract to rahn contract? The results of this study are: 1. There are basically two procedures for carrying out financing using murabahah and rahn contracts at BMT Surya Raharja, namely procedures in the field and also procedures in the office. 2. BMT Surya Raharja is a sharia-based financial institution, where in these financial institutions financing using a rahn contract is deemed more appropriate to apply than financing using a murabahah contract because financing using a rahn contract is more in line with financing that has been carried out at BMT Surya Raharja

KEKERASAN POLITIK ATAS NAMA AGAMA DAN PERAN KYAI DALAM KONSTELASI POLITIK DAERAH: MENELUSURI AKAR KONFLIK JEPARA 7 JULI 1998

The Jepara riot on July 7, 1998 was one of the impacts of the reforms at the local level that began in May in the same year. This riot has claimed lives, significant material and immaterial losses. The cause of this riot was the politicization of religion in the political field. To study this problem, the critical historical method is used which includes four steps, namely heuristics, criticism, synthesis and historiography. The data mining technique uses written primary sources in the form of archives from other contemporary reports, such as newspapers and magazines. Oral primary sources are obtained through direct interviews with competent people. Secondary sources are obtained through literature study of books by relevant scholars and experts or other forms of publication. The results showed that the role of the Kyai in politics in Jepara was very large in directing his followers to determine their political direction. The emergence of a plan to form a new party among NU residents has divided Jepara society. The culmination of this split led to the rioting on July 7 1998. This paper is a development of the author's thesis entitled Kyai, Politics, and Violence: Riots in Jepara 1998.

LEARNING FROM PALU: REBUILDING A BETTER CITY IN THE AFTERMATH OF NATURAL DISASTER

<p>Indonesia is the largest archipelagic country located in the ring of fire, which puts it at a high risk of natural disasters. Earthquakes, tsunami, and liquefaction that occurred in Palu in 2018 that resulted in significant material and immaterial losses were some of the examples. The earthquake and tsunami resulted in a total casualty of 1.347 people and caused the loss of access to clean water and electricity, as well as a change in the geographical structure and landscape of the city of Palu. Thus, the purpose of this study is to analyze the implementation of post-disaster rehabilitation and reconstruction in the city of Palu using a qualitative research methodology. In addition to that, this study also discusses the relationship between Palu disaster, human security, and national defense. Qualitative research in a descriptive manner that offers a complete description and analysis regarding Palu disaster was held to answer the research question presented in this paper. The results show that the natural disasters that occurred in Palu in 2018 brought about an impact on people's lives and all aspects of human security. This is because, in each phase of the disaster that occurred, the Government of Indonesia failed to protect the community from the risk of such a disaster. Furthermore, based on the Disaster Risk Reduction criteria, the rehabilitation and reconstruction that have been carried out are relatively adequate. However, non-structural aspects of mitigation, which is one of the important aspects of disaster risk reduction, have not been carried out. Disaster training and simulations so far have only been done once and not regularly, therefore jeopardizing the community's preparedness for future occurrences of natural disasters. Therefore, improvements in disaster management need to be done in Indonesia</p>

ANALISIS PUTUSAN GUGATAN PERWAKILAN KELOMPOK SEBAGAI UPAYA MENDAPATKAN MENDAPATKAN JAMINAN PERLINDUNGAN HAK ATAS TANAH (Studi Putusan No. 262.Pdt.G/Class.Action/2016/PN.Jkt.Pst)

Examine more deeply regarding Class Action Filing in Indonesia which is regulated in the Supreme Court Regulation No.1 of 2002., in this analysis one of the decisions is 262.Pdt.G / Class.Action / 2016 / PN.Jkt.Pst, The decision contains a group of residents of DKI Jakarta Selatan, consisting of several groups, jointly filing a lawsuit against the law (1365 BW) against related agencies which are deemed to have caused material and immaterial losses due to the normalization of the Ciliwung River. The research used is normative descriptive and literature study. In this study will examine the Considerations of the Panel of Judges regarding the Guarantee of Protection of Land Rights based on the Basic Agrarian Law and the Law on Land Acquisition. The result of this research is that the Judge's Decision does not accommodate the Plaintiffs, so that the aspects of justice that live in the eyes of the community are not fulfilled. Keywords: Lawsuit Group Representatives, Judge's Consideration, Land Rights.

RAPID ASESMEN KERUSAKAN BANGUNAN PASCA GEMPA BUMI DI SEKITAR MASJID AT-TAQARRUB, TRIENGGADING, PIDIE JAYA, ACEH

The earthquake that occurred on 7 December 2016 with a magnitude of 6.4 SR in Pidie Jaya District, Aceh has resulted in many material and immaterial losses. Where many facilities and infrastructure are damaged, buildings are not multi-storey to high-rise buildings. One of them is a residential area around the At-Taqarrub mosque, which is in the Keude area, Trienggading sub-district, Pidie Jaya district. At-Taqarrub Mosque is one of the worship facilities that is heavily damaged and cannot be repaired. In the area only the At-Taqarrub mosque was the only building that collapsed, while the surrounding buildings were still standing with various kinds of damage. This journal is to find out the results of rapid assessment of the level of damage to buildings against structures and building materials around the At-Taqarrub mosque. The method used is the method of mapping and direct survey of the surrounding buildings and then determine the level of damage to the structural components and building architecture. The results of this study indicate various levels of post-earthquake building damage that occur and provide recommendations for buildings damaged in the earthquake in Pidie Jaya in particular and throughout Indonesia in general.

Analysis of Law Enforcement Against Criminal Action on Illegal Fishing (Case Study of MV Hai Fa)

<p>The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (<em>Carcharhinus spp</em>) and hammerhead shark (<em>Sphyrna lewini</em>) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (<em>Carcharhinus spp</em>) and hammerhead sharks (<em>Sphyrna lewini</em>) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No.31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions were adjusted to international law and the material and immaterial losses caused by the crime.</p>

Analysis of landslide vulnerability in Sibolangit area using Geographic Information System (GIS)

Natural disasters are a natural phenomenon that can occur at any time causing material and immaterial losses. Sibolangit is one of the subdistricts in the Deli Serdang Regency with relief of sloping hills between 60° – 90° with high rainfall so that the Sibolangit subdistrict has the potential for landslides. Geographic Information System can connect spatial and non-spatial data so that maps and information analysis can be made in a digital form. This study aimed to determine the level of landslide vulnerability in Sibolangit subdistrict, where the data used include types of rocks, types of soil, slope, rainfall, and land use. The analysis used in the study was the Geographic Information System with Puslittanak Modelling 2004. The study results obtained four criteria for landslide vulnerability in Sibolangit subdistrict, namely low landslide-prone areas which were 7 villages (32.65 km2 or 18.84%), moderate landslide-prone areas which were 13 villages (77.93 km2 or 44.96%), high landslide-prone areas which were 8 villages (46.43 km2 or 28.96%), and very high landslide-prone areas which were 2 villages (16.31 km2 or 10.17 %).

Analysis of Law Enforcement Against Criminal Action on Illegal Fishing (Case Study of Mv Hai Fa)

The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (Carcharhinus spp) and hammerhead shark (Sphyrna lewini) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (Carcharhinus spp) and hammerhead sharks (Sphyrna lewini) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No. 31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions was adjusted to international law and the material and immaterial losses caused by the crime.