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14 Indonesian J. Int'l L. 309 (2016-2017)
Principle of Justice in Management of Marine Resources in Area Characterized by Islands

handle is hein.journals/indjil14 and id is 309 raw text is: 


Indonesian Journal of International Law (2017), Vol. 14 No. 3, pp. 309-320
doi: 10.17304/ijil.voll4.3.698


  PRINCIPLE OF JUSTICE IN MANAGEMENT OF MARINE
      RESOURCES IN AREA CHARACTERIZED BY ISLANDS

                    Arman Anwar, Muhammad Irham

                 Faculty of Law, Universitas Pattimura, Indonesia
                 Correspondence:  arman_1170@yahoo.com.au


                                    Abstract

Indonesia has eight provinces that are characterized as island regions, but in the setting of
marine  resource management authority is equated with the continental characterized
provinces. National government policies are deemed too oriented to the land where it is not
appropriate to the needs of the regions. As a result, they are demanding to be no laws
governing special about Islands Province. Government responded to amend the legislation on
local government in accommodating the interests of the islands. The setting of the DAU and
DAK, also provide more financial portion to the islands. It is expected to bring changes to the
community. Development process should be done based on diversity of various aspects that
also needed a different treatment in each province. Thus, the question is whether the political
law of the islands is done through changes and harmonization of the local governments law to
provide a guarantee of justice so the demands for legislation that specifically regulates an
island province is not matter any more. This study expected to find the values of justice and
the foundation to be harmonized, so there exist principle of fairness in the management of
marine resources in the waters of the area characterized by islands

Keywords: Harmonization of laws, Justice and island areas


          Submitted: 19 July 2016 I Revised: 2 November 2016 I Accepted: 15 April 2017


 I. INTRODUCTION

       The  need  to maintain  order and  create the welfare  of the people  is
absolutely  necessary   in  a just  society. Indonesia   has  insisted in  (the
constitution) preamble  Homeland   Year  1945, Paragraph  IV  which is the goal
of nation and state, the Republic of Indonesia which  is:

       ... to form a government  that protects the State Indonesia  the entire
       Indonesian   nation  and  the entire  homeland   of  Indonesia   and  to
       promote  the general  welfare, educating  the nation, and participate in
       implementing   world order  based on freedom,  lasting peace  and social
       justice ... and by fostering a social justice for all Indonesian people.

       The   principle of fairness has also been an inspiration to international


Published by Lembaga  Pengkajian Hukum  Internasional

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