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All Journal Jurnal Sipakatau
Yanto M.P. Ekon
Universitas Kristen Artha Wacana, Indonesia
Religion Arts Humanities Computer Science & IT Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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Legal and Geopolitical Dynamics in the Delimitation of the Continental Shelf Boundaries among Indonesia, Australia, and Timor-Leste in the Timor Sea Yanto M.P. Ekon; Alfred G.O Kase; Melkianus Ndaomanu; Tontji Christian Rafael
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 3 (2026): Jurnal Sipakatau
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i3.713

Abstract

This study analyzes the legal inconsistency in the delimitation of continental shelf boundaries in the Timor Sea involving Indonesia, Australia, and Timor-Leste. It focuses on the contrast between the Indonesia–Australia Continental Shelf Agreement of 1972, which applies a special circumstances approach based on geological features, and the Australia–Timor-Leste Maritime Boundary Treaty of 2018, which adopts the median line principle in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) 1982. This research employs a normative legal method, examining international treaties, legal doctrines, and relevant judicial decisions. The findings indicate that the difference in delimitation methods results from both the absence of trilateral negotiations and the evolution of international maritime law. The application of geological considerations in the 1972 agreement has led to a delimitation outcome that significantly disadvantages Indonesia, while the 2018 treaty reflects a more equitable and modern legal approach. This inconsistency creates legal uncertainty and raises concerns regarding fairness in the allocation of continental shelf areas. The study further demonstrates that Indonesia has strong legal grounds to seek renegotiation or adjustment of the 1972 agreement, particularly in light of the principles of equity and distance-based criteria under UNCLOS 1982. A consistent application of these principles is essential to ensure fairness and legal certainty in maritime boundary delimitation.
Reassessing Criminal Responsibility of Mentally Disordered Offenders in Indonesian Homicide Cases: Judicial Interpretation of Article 44 KUHP Ellon Belwan Cornelium Mau; Melkianus Ndaumanu; Yanto M.P. Ekon
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 4 (2026): Jurnal Sipakatau
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i4.716

Abstract

This study examines the judicial interpretation of criminal responsibility for mentally disordered offenders in homicide cases under Article 44 of the Indonesian Criminal Code (KUHP). Despite its normative function as a ground for excluding criminal liability, the application of Article 44 remains inconsistent in judicial practice. Using a normative juridical approach combined with case analysis, this research analyzes court decisions across multiple judicial levels and evaluates the extent to which psychiatric evidence influences legal reasoning. The findings indicate that judges tend to rely on behavioral indicators such as functional normality, coherence of testimony, and the presence of rational motives, rather than prioritizing clinical psychiatric assessments. As a result, defendants diagnosed with severe mental disorders, including schizophrenia, may still be deemed criminally responsible. This practice reflects a shift from a capacity-based approach toward a behavior-based interpretation, which risks undermining the doctrinal principle of culpability (schuld). Furthermore, the study highlights the limited evidentiary weight assigned to Visum et Repertum Psychiatricum and the lack of interdisciplinary integration between law and psychiatry. A comparison with Article 39 of the new Indonesian Criminal Code demonstrates a significant paradigm shift toward a more precise, evidence-based, and rehabilitative framework. This research concludes that strengthening judicial understanding of mental health, enhancing the role of expert evidence, and ensuring consistent implementation of the new legal framework are essential to achieving a more just and humane criminal justice system.
Co-Authors Alfred G.O Kase Ellon Belwan Cornelium Mau Melkianus Ndaomanu Melkianus Ndaumanu Tontji Christian Rafael