International Court Of Justice / ICJ is the judicial instituation of the United Nations, which is located in The Hague, Netherlands. The court was established in 1945 by the United Nations Charter. The establishment of the International Court of Justice is resolving the disputes by peaceful means and not allowed to use violence, therefore, the dispute states does not need to resolve the dispute by violence. The main task of the International Court of Justice is resolving the international disputes include not only the disputes between countries, but also other cases within the scope of international regulation. In resolving the disputes between countries, the International Court of Justice has authority / jurisdiction includes the power to decide the disputes between states and authority to give opinions / advice to countries that requested. Besides it, the International Court of Justice can give an opinion / advice by the General Assembly and the Security Council requested and also other bodies of the United Nations with the General Assembly permission. The decision of the International Court only have binding force to the parties , and only in relation to particular matters of that parties. The decision of International Court of Justice should be implemented by the dispute parties, if the countries do not comply the resolution, there are several sanctions to force the state to comply .
Low productivity leads to competition among fishermen to get fish catches are becoming increasingly stringent because the regime of fish resources management is open (open access) Keywords: conflict between fishermen, causes of conflict, resolution of conflict, Madura AbstrakRendahnya produktivitas nelayan menyebabkan persaingan antar nelayan untuk mendapatkan hasil tangkapan semakin lama semakin ketat, karena rezim pengelolaan sumber daya ikan bersifat terbuka (open access). Kondisi tersebut rentan terhadap konflik. Penelitian ini merupakan penelitian normatif-kualitatif sehingga desain dan metodenya merupakan perpaduan antara metode penelitian normatif dan metode penelitian sosiologis. Faktor penyebab konflik antarnelayan di Madura yaitu persepsi yang keliru tentang kepemilikan laut, perbedaan penggunaan alat tangkap ikan, dan pelanggaran jalur penangkapan ikan. Konflik-konflik yang telah terjadi diselesaikan secara musyawarah bersama antara ketua kelompok nelayan yang konflik, dihadiri kepala desa dan tokoh masyarakat. Jika melalui cara itu tidak selesai, kepala desa akan melibatkan Pol.Airud, KAMLA, dan Dinas Perikanan Dan Kelautan setempat, dan hasil kesepakatannya dituangkan dalam bentuk tertulis.Kata kunci: konflik antar nelayan, faktor terjadinya konflik, penyelesaian konflik, Madura IntroductionUtilization of fishery resources in the sea may cause a competition between fishermen, both local fishermen and also with immigrant fishermen (andon fishermen). Competition that often happen is in terms of the seizure of fishery resources and the use of fishing technology. Besides the principle of the sea as a shared resource (common property resources) give rise to a perception that the sea does not have a clear restriction area, in these conditions, the
Madurese community prefer to settle civil disputes outside the court by generating peace between the parties in the form of undertable bond, while the mediation results outside the court, the legality is weak. In this regard, this study would like to produce model of non-litigation civil dispute settlement that guarantees binding force of settlement so have binding strength as well as dispute settlement through mediators in court. This research is normative-qualitative research, so the method is combination of legal research methods and sociological research methods. The study results indicate that the mechanism to settle civil disputes in Madura is carried out peacefully through consensus meetings with the mediators help. The mediation has the binding power of customary law because it is based on the voluntary willingness of the parties, carried out through deliberation. This is in line with the local wisdom values such as the value of maintaining "shame" and the value of respect for parents, ulama (Keyae), and leader. Institutionalization of civil disputes settlement in Madurese community through conducted certification to mediator's village, legitimized by regional regulation, and accommodates the law in society because the law applies in accordance with the sense of justice of the community.
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