The Use Of Mediation In Maritime And Fisheries Dispute Resolution
DOI:
https://doi.org/10.46576/lpj.v2i1.3718Abstract
Abstract
The sea is one of the boundaries between countries and is one of the sources of income and
life of a nation, Marine Management provides benefits that are so great that all parties or
countries want to explore and exploit these resources, including the high seas, so that
sometimes it causes disputes between partiesincluding between countries in carrying out
its management. Disputes that occur can be resolved nationally or internationally,
depending on the parties to the dispute in it. Internationally, the settlement of fisheries
disputes that occur at sea can be resolved peacefully between the two parties, but if a
peaceful agreement between the parties cannot be reached , then the procedure for
resolving fisheries disputes at sea can be done by mediation methods, namely cooperative
maritime diplomacy, persuasive maritime diplomacy and coercive maritime diplomacy.
Keywords: Alternative Dispute Resolution, Marine, Fisheries
References
Akhmad Solihin , Politik Hukum Kelautan dan Perikanan, Nuansa Aulia,
Bandung, 2010.
Alamsyah, Bobby Bella. Upaya Pemerintah Indonesia Dalam Menanggulangi
Illegal Fishing Di Kepulauan Riau 2010-2015. Universitas Mulawarman
: Samarinda.2017.
Ariman Sitompul . Alternative Dispute Resolution Criminal Acts Of Money
Politics In Elections In View Of Normative Law. International Asia Of
Law and Money Laundering (IAML), 2(1), 1–9. 2023
https://doi.org/10.59712/iaml.v2i1.52
Ariman Sitompul, Sabela Gayo. The Use of Mediation as an Alternative
Health Dispute Resolution. Hong Kong Journal of Social,2022.
Bambang Sutiyoso, Hukum Arbitrase dan Alternatif Penyelesaian Sengketa ,
Yogyakarta: Gama Media, 2008.
Dikdik Mohamad Sodik, Hukum Laut Internasional dan Pengaturannya di
Indonesia, PT Refika Aditama, PT Refika Aditama, Bandung, 2014.
Djoko Tribawono , Hukum perikanan Indonesia, Citra Aditya Bakri, Jakarta,
Ela Riska, Diplomasi Maritim Indonesia terhadap Aktivitas Penangkapan
Ikan Ilegal (Ilegal Fishing) oleh Nelayan China di ZEEI Perairan
Kepulauan Natuna, Jurnal Prodi Diplomasi Pertahanan Volume 3 No.
, 2017.
Gunawan Widjaja dan Ahmad Yani, Hukum Arbitrase , Jakaarta: PT.
RajaGrafindo Persada, 2003.
Nurnamingsih Amriani, menyelesaikan masalah perdata melalui pengadilan
dengan cara mediasi alternatif, PT. Raja Grafindo Persada,2012.
Sudargo Gautama, Aneka Hukum Arbitrase, Bandung: PT Citra Aditya Bakti,
Takdir Rahmadi, Mediasi Penyelesaian Sengketa melalui Pendekatan
Mufakat, Rajawali Pers, 2011.
Takdir Rahmadi, Meidiation of dispute resolution through a consensus
approach (rajawali book, 2011
Usmawadi Amir, Penegakan Hukum IUU Fishing Menurut UNCLOS 1982
(Studi Kasus: Volga Case), Jurnal Opinio, Vol 12 Januari-April 2013.
Downloads
Published
Issue
Section
License
By submitting the article/manuscript of the article, the author(s) agree with this policy. No specific document sign-off is required.
1. License
The article will be governed by the Creative Commons Attribution license as currently displayed on Creative Commons Attribution 4.0 International License
2. Author(s)' Warranties
The author warrants that the article is original, written by stated author(s), has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author(s).
3. User Rights
The spirit of Legal Preneur (JLPR) is to disseminate articles published are as free as possible. Under the Creative Commons license, JLPR permits users to copy, distribute, display, and perform the work. Users will also need to attribute authors and JLPR on distributing works in the journal and other media of publications.
4. Rights of Authors
Authors retain all their rights to the published works, such as (but not limited to) the following rights;
- Copyright and other proprietary rights relating to the article, such as patent rights,
- The right to use the substance of the article in own future works, including lectures and books,
- The right to reproduce the article for own purposes,
- The right to self-archive the article,
- The right to enter into separate, additional contractual arrangements for the non-exclusive distribution of the article's published version (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
5. Co-Authorship
If the article was jointly prepared by more than one author, any authors submitting the manuscript warrants that he/she has been authorized by all co-authors to be agreed on this copyright and license notice (agreement) on their behalf, and agrees to inform his/her co-authors of the terms of this policy. JLPR will not be held liable for anything that may arise due to the author(s) internal dispute. JLPR will only communicate with the corresponding author.
6. Royalties
Being an open accessed journal and disseminating articles for free under the Creative Commons license term mentioned, author(s) aware that JLPR entitles the author(s) to no royalties or other fees.
7. Miscellaneous
JLPR will publish the article (or have it published) in the journal if the article’s editorial process is successfully completed. JLJ's editors may modify the article to a style of punctuation, spelling, capitalization, referencing and usage that deems appropriate. The author acknowledges that the article may be published so that it will be publicly accessible and such access will be free of charge for the readers as mentioned in point 3.
