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All Journal Padjadjaran Journal of International Law Indonesian Journal of International Law
Dewi, Chloryne Trie Isana
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Law, Crime, Criminology & Criminal Justice Social Sciences

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SOVEREIGN IMMUNITY OF NON-COMMERCIAL GOVERNMENT VESSELS AND DUE REGARD: CHINA COAST GUARD IN THE NATUNAS Mangapul, Joy Henri; Idris, Idris; Dewi, Chloryne Trie Isana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Coastal states possess sovereign rights and jurisdiction within their Exclusive Economic Zone (EEZ), including the exercise of enforcement jurisdiction against foreign vessels conducting violations within the EEZ. However, certain ships are granted sovereign immunity and thus are not subject to coastal state’s jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS) only stipulated that injuries to the coastal state caused by activities conducted by a sovereign immune vessel will engage that vessel’s flag state responsibility. Indonesia had witnessed numerous violations within its EEZ, especially in waters around Natuna Islands. These violations are conducted by Chinese fishing vessels, which were escorted by China Coast Guard (CCG) vessels. Consequently violations by Chinese vessels would hamper Indonesia’s exercise of enforcement jurisdiction against Chinese fishermen caught committing illegal, unreported and unregulated fishing (IUUF), thus violating Indonesia’s sovereign rights and jurisdiction. This article discusses to what extent sovereign immunity applies to non-commercial government vessels, and whether they can be subjected to coastal state jurisdiction, should they hamper the exercise of coastal state’s enforcement jurisdiction within its EEZ. The article applies normative legal research by utilizing applicable regulations, theories, and existing practices. Sovereign immune vessels are required to pay due regard to other states, including coastal state. Activities constituting ‘abuse of rights’ jeopardizing coastal state’s exercise of enforcement jurisdiction will result in their flag state responsibility being invoked by the coastal state. This article recommends peaceful settlement of dispute through bilateral means, or multilateral means in the spirit of the 2002 Declaration of Conduct by pursuing a regional fisheries agreement.
RESISTANCY TO THE LAW ENFORCEMENT OF (ASEAN) REGIONAL HUMAN RIGHTS MECHANISM, WHAT NEXT? Dewi, Chloryne Trie Isana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Regional mechanism on the protection of human rights in ASEAN formally has been developed since 2007 through the adoption of the ASEAN Charter in 2007 and the establishment of the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009. Nevertheless, efforts on the law enforcement for human rights violations committed by ASEAN citizens and/or within ASEAN territory by establishing ASEAN human rights court is hardly to achieve due to national interest of each member states. Accordingly, for the objective of achieving justice and certainty of law, cooperation among ASEAN member states should be developed through other mechanism. This article tries to identify existing situations with respect to the protection and fulfillment of human rights particularly in regards to criminal matters in the ASEAN countries. Accordingly, the article examines the responses of the Member States to the development of human rights mechanism in ASEAN. Finally, we try to propose other mechanism in regards to the protection of human rights by developing cooperation in the enforcement of international criminal law for cases related to criminal matters in particular among ASEAN countries.
Protecting Indonesian Children in Adapting Climate Change Based on Business and Human Rights Principles Ezra, Tobias Binsar; Dewi, Chloryne Trie Isana
Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i1.1606

Abstract

Based on research data, the climate change condition has increased globally. Indonesia is a part of this condition with over 100% increase in carbon emissions over the last 12 years. When it comes to the context of climate change, children have a different position as they become the most medically vulnerable group and are pivotal to Indonesia's future, demanding special attention. Previous research pointed out that one of the possible major contributors towards climate change and carbon emissions is companies in industrial and energy activities. With the availability of the child rights convention and national law, this article will answer the notion of whether the existing National Law in Indonesia is sufficient to prevent and protect the rights of Indonesian children in the future, along with an analysis of how business and human rights can push companies to comply and be held accountable in case of violation. The methodology that will be used in this research is the normative juridical method, creating a specific approach to laws and regulations based on data analysis. This article concludes that Indonesia will need to include more Climate change and Business and Human Rights aspects to handle the future implications of climate change impact. This article also concludes that to have a strong hard law system in Indonesia, an integration of International frameworks and Business and Human rights principles into the national law is essential.
Co-Authors Ezra, Tobias Binsar Idris Idris Mangapul, Joy Henri