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All Journal Tirtayasa Journal of International Law International Law Discourse in Southeast Asia
Izan Mateo Cassandro
Sociedad Civil de Derecho y Políticas Públicas (SOCIPOL), Barcelona, Spain
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Human Rights Overboard: The Long Xing 629 Case and the Legality of Sea Burials in International Law Ridwan Arifin; Sarah Rinda Sulistyoningrum; Izan Mateo Cassandro
Tirtayasa Journal of International Law Vol 5, No 1 (2026): Tirtayasa Journal of International Law Vol. 5 No. 1 June 2026
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v5i1.39057

Abstract

The disposal of Indonesian crew members’ bodies by the Long Xing 629 exposed a harrowing gap in maritime labor protections and international human rights law. This study analyzes the legality of burials at sea against established international standards, examining whether such practices constitute a necessity or a convenient cover for rights abuses. Utilizing a normative juridical method with a statutory and international law approach, this research examines the legal implications of the disposal of Indonesian crew members’ bodies at sea by the Long Xing 629. The study analyzes the jurisdictional and enforcement gaps within the 1982 United Nations Convention on the Law of the Sea (UNCLOS), particularly concerning the obligations of flag states under Articles 94 and 98, the protection of human dignity at sea, and the accountability mechanisms for alleged human rights abuses against migrant fishery workers. Furthermore, the research evaluates whether burial at sea in this case constituted a legitimate maritime necessity under international maritime practice or served as a concealment of labor exploitation and violations of international human rights standards. While flag states—in this case, China—hold primary jurisdiction on the high seas, the Long Xing 629 incident reveals a blatant disregard for burial protocols and the fundamental dignity of migrant workers. The findings suggest that weak enforcement mechanisms allow flag states to bypass accountability, leaving Indonesian seafarers in a legal vacuum. The study concludes that the Indonesian government must pivot toward aggressive diplomatic and legal strategies to hold flag states liable for human rights violations, ensuring that the high seas do not remain a lawless zone for the global maritime workforce.
Human Rights and Voluntary Repatriation in International Law: Legal Challenges in Addressing Rohingya Refugees in Indonesia Ridwan Arifin; Fitria Damayanti; Izan Mateo Cassandro; Christina Noelia Umbría
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.45504

Abstract

The existence of Rohingya refugees in Indonesia today has caused various polemics, especially Indonesia’s position as a transit country that has not ratified related conventions so that there is no obligation to accept refugees in Indonesia. The presence of refugees in Indonesia that causes conflict makes Indonesia's position at a crossroads to fulfill international obligations or fulfill obligations to its citizens so that they do not experience anxiety about their safety of life. This research aims to first explain the arrangements and conditions of repatriation for refugees in international law. Second, analyze Indonesia’s obligations under international law as a transit country for Rohingya refugees. Third, analyze the relationship between Indonesia's international obligations and domestic policies in the repatriation of its Rohingya refugees. This research applies a type of qualitative legal research with a juridical-normative approach. This research uses primary, secondary and tertiary legal materials as study materials. This research produced several findings, namely first, the practice of repatriation is the process of returning refugees to their country of origin after moving to a transit country or a third country. UNHCR as an extension of the United Nations has been operating in Indonesia since 1979. Second, Indonesia has tried to maintain the lives of refugees who choose Indonesia as a transit country. According to UNHCR, at the end of 2023, there were 12,295 refugees registered with UNHCR in Indonesia. As a transit country, refugee reception in Indonesia is based only on humanity. Third, the application of the concept of dualism makes Indonesia position itself that international law and national law are separate legal systems, and do not have a relationship of superiority or subordination to each other.
Co-Authors Christina Noelia Umbría Fitria Damayanti Ridwan Arifin Ridwan Arifin Sarah Rinda Sulistyoningrum