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Legitimate Interest of Coastal States in Seabed Mining: Indonesiaâ€™s Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discussesÂ Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982.Â This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.

Protection of People at Sea under International Law: Lesson Learnt from Pushback Action to boat people in Indonesia and Malaysia Puspitawati, Dhiana; Susanto, Fransiska Ayulistya
Brawijaya Law Journal Vol. 10 No. 2 (2023): Current Challenges, Developments and Events in The International Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.02.02

People at sea, one of which is the Boat People, has become a problem not only for Europeans but also in Southeast Asia with increasing asylum seekers from Rohingya and migrants from Bangladesh. Southeast Asia is already facing the problem of boat people returning from the Vietnam Asylum. However, an old story becomes a new story that never ends in Southeast Asia when the strategist state to Sanctuary did not participate in the 1951 Geneva Convention. As a result, many people faced pushback and died or lost at sea. This research will discuss the extent to which “protection of persons at sea” and the “search and rescue” can cover the protection of boat people under UNCLOS 1982. This study also analyses how UNCLOS 1982 will work to protect boat people when states protect themselves with the "non-party Geneva Convention 1951". Researchers argued that protection for people at sea, and the of search and rescue cover all dangerous situations faced by all people at sea, even if they are asylum seekers or boat people. They must first be protected from danger at sea, brought ashore, and the territorial state can exercise judgment on them. The "non-state party" has become a shield for Indonesia, and Malaysia to reject boat people and even push boat people back from their territory. However, the two countries are part of the UNCLOS 1982 with the obligation to carry out search, rescue, and protect humans at sea. As a result, they must rescue them and bring them ashore first before they are deported or pushed back from their boats. To investigate the relationship between the protected “protection of persons at sea” and the “search and rescue” and boat people, this paper seeks to assess UNCLOS 1982, customary international law and related cases.

Legal Reconstruction of The Hexsa Helix Synergy and Collaboration Model Mainstreaming Child Rights (PUHA) In The Implementation of Child Friendly District/Cities Programs Susanto, Fransiska Ayulistya; Purnamaningtyas, Anindita; Widagdo, Setyo; Arrsa, Ria Casmi
International Journal of Social and Local Economic Governance Vol. 8 No. 1 (2022)
Publisher : Institute of Research and Community Service, University of Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.ijleg.2022.008.01.5

The Government's commitment to fulfilling and mainstreaming Children's Rights (PUHA) is carried out to realize the goals of national development, namely advancing general welfare and educating the nation's life as mandated by the fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia which explicitly states that the State exists in order to protect all of Indonesia's bloodshed, promoting public welfare and educating the life of the nation. Furthermore, the commitment referred to is also based on the constitutional basis as set forth in the provisions of Article 28B paragraph (2), "Every child has the right to survival, growth and development and is entitled to protection from violence and discrimination. **)” and the provisions of Article 34 paragraph (1) which reads, “The state takes care of the poor and neglected children”. Therefore, a research was compiled with the theme of Legal Reconstruction of the Hexsa Helix Synergy and Collaborative Model of Mainstreaming of Children's Rights (PUHA) in the Implementation of Child-friendly District/City Programs. The formulation of the problems raised are (1) Why is a legal reconstruction of the Hexsa helix model of synergy and collaboration the Mainstreaming of Children's Rights (PUHA) needed in the implementation of the Child-Friendly District/City program? (2) What is the legal reconstruction model of the Hexsa helix synergy and collaboration model for Mainstreaming Children's Rights (PUHA) in the implementation of the Child-friendly District/City program as an alternative form of building a social inclusion strategy to achieve a more equitable development for fulfilling children's rights? The research method used is Normative Juridical with statutory approach and conceptual approach. While the literature used includes literature on children, the hexa helix concept, and child-friendly districts/cities. Further identification of legal materials is carried out on Primary Legal Materials which consist of a set of legal norms in the form of laws and regulations in the field of children's rights. Meanwhile, Secondary Legal Materials consist of libraries, journals, research findings, and KLA program performance reports stipulated by the Central Government and Regional Governments. For further analysis of legal material is carried out using the method of content analysis or content analysist to answer legal problems related to the idea of ??Legal Reconstruction of the Hexa helix Synergy and Collaborative Model of Mainstreaming Children's Rights (PUHA) in the Implementation of Child-Friendly Districts/Cities Programs

The UK-Rwanda Migration and Economic Development Partnership Based on International Refugee Law Susanto, Fransiska Ayulistya
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 12, No 1 (2025): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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On April 14, 2022, British Prime Minister Boris Johnson announced intentions to deport Rwandan asylum seekers arriving by small boats. Under this arrangement, individuals who sought protection but were later deemed unsuitable and undesirable by the UK would be re-transported to Rwanda, where Rwandan authorities would review their claims. This Policy was rejected by several asylum and refugee organizations, which argued that it was inhumane and would only imprison asylum seekers before sending them to countries where they faced torture or persecution. This study employed sociolegal analysis and combined doctrinal research with an empirical approach. It used secondary sources, such as government statements, reports, articles, and news reports. The result explains the UK and Rwanda Memorandum of Understanding on Migration, the development of the policy, and how international law view it. This study provides evidence that the UK has violated international law by implementing the partnership plan with Rwanda. The bilateral transfer arrangement is incompatible with or violates Article 31, 33 (1) of the 1951 Refugee Convention; and Article 3 of the European Convention on Human Rights. Furthermore, Rwanda has failed to meet the conditions for accommodation and to ensure its safety from deportation, persecution, or other human rights abuses committed by its residents and the government.

Sosialiasi Dan Pemberian Bantuan Hukum Dalam Rangka Access To Justice Dan Peningkatan Kesadaran Hukum Desa Watugede Nursasmita, Muhammad Akbar; Susanto, Fransiska Ayulistya; Titi HS, Hanugrah
JAPI (Jurnal Akses Pengabdian Indonesia) Vol 10, No 1 (2025)
Publisher : Universitas Tribhuwana Tunggadewi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33366/japi.v10i1.6738

Sosialisasi dan Pemberian Bantuan Hukum Dalam Rangka Access To Justice dan Peningkatan Kesadaran Hukum Masyarakat Desa Watugede merupakan kegiatan yang bertujuan untuk pengetahuan dan kesadaran masyarakat tentang hukum di Indonesia. Kegiatan ini juga bertujuan untuk mendekatkan bantuan hukum kepada publik. Khususnya bantuan hukum yang bersifat gratis kepada pihak yang tidak kuat secara ekonomi agar mendapatkan pendampingan hukum yang layak dalam mempertahankan hak-haknya. Program ini ditujukan kepada seluruh masyarakat Desa Watugede seperti kelompok PKK, karang taruna, ketua RT/RW serta perwakilan masyarakat lainnya. Kegiatan ini dilaksanakan dengan pidato dan diskusi dengan memanfaatkan teknologi informasi dalam menyampaikan materi. Pengabdian masyarakat ini berhasil memberikan dampak untuk meningkatkan pengetahuan mengenai hukum khususnya hukum yang berkaitan dengan permasalahan di lingkungan keluarga. Hasil dari kegiatan memberikan dampak yang positif dan mendapatkan atensi yang tinggi dari masyarakat serta meningkatkan pengetahuan masyarakat seputar hukum.

Legitimate Interest of Coastal States in Seabed Mining: Indonesia's Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discussesÂ Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982.Â This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.

Should the Country Abolish Freedom of Religion to Counter Terrorism? Haruskah Negara Menghapus kebebasan Beragama Demi Melawan Teroris? Susanto, Fransiska Ayulistya; Hidayat, M. Choirul
Rechtsidee Vol. 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.699

This paper is offer an assessment of the situation regarding freedom of religion in Xinjiang China. It argues that the Xinjiang authorities and the China government responsible for freedom of religion violation under their counter terrorism action. Even though, the freedom of religion is derogable right however the reason shall be under the national security and public order situation but, what the government do is too far and could lead Uighur religion eradication. To investigate the Xinjiang authorities and China government action, the paper collects the data from many Non-governmental organization and United Nation Report and analysis the fact with the international regulation and national regulation that China follow or have.

Dumping Practices and Competition as Double-edged Sword: Indonesia Practices Sukarmi, Sukarmi; Susanto, Fransiska Ayulistya
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Dumping practices are typically related to business competition, namely predatory pricing. The issue under consideration is how the practice of dumping is viewed through the perspectives of business competition law and international trade law, as well as how the Indonesian Commission for the Supervision of Business Competition (KPPU) handles this issue. This article examines and analyzes the relationship between dumping behavior and business competition, as well as the authority with which institutions will handle predatory pricing caused by dumping behavior. The results of the analysis show that dumping is a violation of international trade law under the World Trade Organization (WTO). If the Indonesian Anti-Dumping Committee (KADI) discovers dumping practices, the party will be subject to sanctions in the form of Anti-Dumping Import Duty (BMAD). Aside from that, selling below market prices or carrying out predatory pricing will hinder fair competition from the perspective of competition law. Dumping practices benefit consumers in the short term but harm consumers and similar competing industries in the long term. If the aim is to eliminate competitors, of course, this is unhealthy competition and falls under the supervision and authority of KPPU to enforce the law. This article only focusses on the when the dumping practices can become the predatory pricing on competition law perspective and who will handle the case.

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