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All Journal JURNAL PEMBANGUNAN HUKUM INDONESIA Indonesian Journal of International Law
Abd Aziz, Saidatul Nadia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Undelimited Maritime Areas: Obligations of States Under Article 74(3) and 83(3) of UNCLOS Basir, Salawati Mat; Abd Aziz, Saidatul Nadia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) provides for the delimitation of the territorial sea, the continental shelf and the economic exclusive zone. However, maritime delimitation disputes reveal that these provisions hardly occupy the central place they are expected to. This paper examines the issue of undelimited maritime areas where involved the Article 74(3) and Article 83(3) of UNCLOS and of vital importance in that it provides for stable and long-lasting relations among States.
De-centrality of ASEAN Law to Address US-China Rivalry in the South China Sea Basir, Salawati Mat; Abd Aziz, Saidatul Nadia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Evolving Southeast Asian geopolitics offer opportunities and risks. Central to the global East-West sea route of communication and rich in land and sea resources, this region has been a geopolitical hub since ancient times. The key question is whether China's strategic actions weaken US-ASEAN relations and has an impact on regional powers. This highlights the Association of Southeast Asian Nations’ (ASEAN) importance in regional stability. This study employs qualitative research that collected data through descriptive, analytical, and case studies. ASEAN is facing challenges in effectively handling the rivalry in the Indo-Pacific area. It also has the capability to manage uncertainty within the area. Nevertheless, the “power dilemma”, particularly when significant powers want to alter the circumstances, is unavoidable. The South China Sea Arbitration altered the dynamics of territorial sovereignty. Failure to resolve the territorial dispute may jeopardize the cohesion of ASEAN and have repercussions for all its member states. ASEAN law or legal mechanism, namely ARF, ADMM, Declaration of Conduct, Code of Conduct and UNCLOS faces challenges due to a lack of coherence and a central guiding principle. It is inevitable that influential forces will meddle in regional affairs. These findings imply that ASEAN's law role in integrating Southeast Asian nations and establishing positive international cooperation and strategic partnerships is vital for successfully balancing disruptive forces. ASEAN deploys hedging and enmeshment methods to ensure dynamic alignment possibilities and make strategic adjustments easier when opposing big powers maneuver. Relevant analysis strongly suggests that ASEAN, a regional stability instrument, can influence Sino-US competitiveness.
Rohingya in Aceh: Human Rights Vs Security Justice Islamic Law Perspective Ismayawati, Any; Ngazizah, Inna Fauziatal; Abd Aziz, Saidatul Nadia
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.428-444

Abstract

The humanitarian crisis affecting the Rohingya ethnic group has driven thousands of asylum seekers to Southeast Asia, including Aceh Province, where the majority of the population is Muslim and Sharia law is applied. This situation raises important issues regarding the protection of human rights for both the Muslim community in Aceh and Rohingya asylum seekers. The purpose of this study is to analyse the Islamic legal perspective on human rights protection in Aceh and to examine the dilemma between security and humanity in the handling of Rohingya refugees. The method used is descriptive qualitative study with a normative-sociological approach through analysis of literature, Aceh sharia regulations, and international and national human rights documents. The results of the study show that Islamic legal principles, such as hifz al-nafs and hifz al-insaniyyah, provide a strong basis for the acceptance and protection of refugees. However, their implementation faces challenges in the form of social resistance, limited facilities, and concerns about local security disturbances. The conclusion that can be drawn is that human rights protection in Aceh can only be effective if there is harmonisation between Sharia values, security policies, and humanitarian commitments through the synergy of the government, religious scholars, and the community.
Co-Authors Any Ismayawati Basir, Salawati Mat Inna Fauziatal Ngazizah Salawati Mat Basir, Salawati Mat