Reconstructing Institutional Authority in Coastal and Maritime Law Enforcement: A JusticeBased Legal Policy Approach

      Budi Triono, Lita Tyesta ALW, Amalia Diamantina

Abstract

This research aims to analyze the institutional and regulatory problems that hinder the implementation of law enforcement authority in coastal and maritime areas, as well as formulate a legal policy reform model that is able to create a fair and effective distribution of authority between law enforcement agencies. The main problems raised are the overlapping of authorities, disharmonization of laws and regulations, and weak coordination between institutions which have an impact on the sub-optimal enforcement of the law and the lack of substantive justice in coastal and maritime governance. The research method used is normative juridical with a legislative approach and a conceptual approach. The data used are primary, secondary, and tertiary legal materials that are analyzed qualitatively through deductive reasoning. This study uses the theoretical foundations of Progressive Law Theory, Theory of Legal Authority and Responsibility, and Good Governance Theory to analyze and formulate an ideal legal policy model. The results of the study show that: 1) Institutional and regulatory problems that hinder the implementation of law enforcement authority in coastal and maritime areas are mainly caused by the overlap of authority between institutions such as the military, police, and sectoral agencies, which are not balanced with a firm and coordinated division of duties. 2) The necessary legal policy reform model is the reconstruction of institutional authority that is integrative and justice-based, by emphasizing a clear, proportional, and non-overlapping division of authority between law enforcement agencies. This reform must be supported by regulatory harmonization, strengthening the principles of transparency and accountability, and the development of an effective integrated coordination system. In addition, the approach used must integrate the principles of Progressive Law, the theory of authority and responsibility, and good governance, so as to be able to produce coastal and maritime law enforcement governance that is more responsive, efficient, and fair, and able to respond to national and global challenges in a sustainable manner

 

Keywords: Reconstructing, Institutional, Authority, Coastal, Maritime, Law, Enforcement, Justice-Based, Legal Policy, Approach.

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