Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
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This Author published in this journals
All Journal Indonesia Private Law Review Administrative and Environmental Law Review Pancasila and Law Review
M. Fabian Akbar
Universitas Gadjah Mada
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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China Coast Guard’s Water Cannon Use Against Philippine Vessels: UNCLOS Legality and Policy M. Fabian Akbar; Hilmi Fattahuddhiyaa Putra Pramono; Laras Lingganingrum; Arif Reksa Pambudi; Ayesha binti Abul Hisyam
Pancasila and Law Review Vol. 7 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v7i1.5207

Abstract

This article examines whether the China Coast Guard's use of water cannons against Philippine vessels in the disputed South China Sea can be justified as a maritime law enforcement measure under the United Nations Convention on the Law of the Sea (UNCLOS). The analysis focuses on three legal issues: the legal status of the maritime area where the incident occurred, China’s jurisdictional basis to conduct law enforcement, and the compliance of water cannon use with the principles of necessity, proportionality, and due regard. This study uses a normative legal research method by analyzing UNCLOS provisions, the 2016 South China Sea Arbitration, and relevant international standards on the use of force in maritime law enforcement. The article argues that the legality of water cannon use cannot be assessed only from its non-lethal character. It must first be determined whether China had lawful jurisdiction over the area and the vessel concerned. If the incident occurred in an area where the Philippines holds sovereign rights under UNCLOS, or where China’s historic rights claim has no legal basis, China’s use of water cannons cannot be justified as lawful maritime enforcement. Such conduct may instead constitute coercive action that interferes with navigational rights, Philippine sovereign rights, and the duty of due regard. The article concludes that the use of water cannons in disputed maritime areas must meet strict requirements of necessity and proportionality, and any excessive or jurisdictionally unsupported use may give rise to international legal responsibility.
RECONCILING OWNERSHIP RISK UNDER ISLAMIC ECONOMIC LAW: COMPARATIVE ANALYSIS OF INDONESIAN AND MALAYSIAN CONTRACTS Istianah Zainal Asyiqin; M. Fabian Akbar; Dimas Putra Wirayudha; Ayesha Abul Hisyam
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4545

Abstract

Ownership risk (daman milkiyyah) is a core doctrine in Islamic contract law, as it determines the lawful transfer of liability and entitlement to profit in financial transactions, and its misallocation may result in products that are formally Sharia compliant but substantively deficient. This study aims to (1) clarify the juristic foundations of daman milkiyyah and (2) assess its implementation in contemporary Islamic banking products in Indonesia and Malaysia. Using a normative and comparative legal methodology, the research examines statutory and regulatory frameworks, Sharia rulings and fatwas, including those of DSN MUI and Malaysian Sharia governance bodies, classical and contemporary fiqh literature, documented banking practices, and maqasid al sharia as an evaluative lens. The findings reveal differences in regulatory architecture and product implementation between the two jurisdictions, which affect the consistency of ownership risk allocation across instruments such as murabaha, ijara, and asset based financing. These divergences indicate areas where governance standards and operational practices can be strengthened, and the study concludes that clearer ownership risk criteria aligned with maqasid al sharia are necessary to enhance transparency, ensure equitable risk distribution, and support the integrity and resilience of Islamic finance.
State Responsibility for Climate-Harmful Development: China's Governance Gap in Coal Policy Implementation Yordan Gunawan; Safira Ayu Tri Ariyani; M. Fabian Akbar; Manuel Beltrán Genovés
Administrative and Environtmental Law Review Vol 7 No 2 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i2.5189

Abstract

China's continued expansion of coal projects has intensified tensions between national development priorities and international climate commitments. Although China has pledged to mitigate climate change under the UNFCCC and the Paris Agreement, the persistence of coal-based development raises important questions regarding the implementation of these commitments through domestic governance. This study examines China's coal policy from the perspective of state responsibility under international environmental law, focusing on the principles of no-harm, due diligence, precaution, and the normative framework of the Paris Agreement. Using a normative legal research approach, the study analyzes the relationship between international legal obligations and domestic policy implementation. The findings show that the principal challenge lies not in the absence of international legal standards but in the governance gap between central climate commitments and provincial implementation of coal policies, resulting in inconsistent enforcement of environmental obligations.
Co-Authors Arif Reksa Pambudi Ayesha Abul Hisyam Ayesha binti Abul Hisyam Dimas Putra Wirayudha Hilmi Fattahuddhiyaa Putra Pramono Istianah Zainal Asyiqin Laras Lingganingrum Manuel Beltrán Genovés Safira Ayu Tri Ariyani Yordan Gunawan