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All Journal Sriwijaya Law Review Hasanuddin Law Review
Rahim, Asmar Abdul
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Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State Indriyani, Rachma; Rahim, Asmar Abdul; Azmi, Ruzita
Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i2.2841

Abstract

Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota. 
Protecting the Right to Clean Water: Legal Challenges and Solutions for River Pollution in Kurdistan Ali, Hiwa Rashid; Rahim, Asmar Abdul; Anuar, Haslinda Mohd
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.1644.pp71-94

Abstract

Access to clean water is a fundamental human right recognised by the United Nations. However, in Iraq, particularly in the Kurdistan region, this right is under significant threat due to severe pollution and contamination of rivers. While the Iraqi Constitution and environmental laws indirectly acknowledge the right to clean water, the legal and institutional framework for river protection remains inadequate. This study focuses on the Tanjero River as a case study to assess Iraq's legal framework and enforcement mechanisms for water resource protection. This study identifies critical gaps in legislation and enforcement through a qualitative and socio-legal methodology, including interviews and analysis of relevant laws such as Law No. 8 (2008) for Environmental Protection and Improvement. The findings reveal that the Tanjero River's pollution is primarily caused by mismanagement of water resources, insufficient legislation, weak enforcement, lack of coordination, and inadequate infrastructure. The Kurdistan Regional Government must prioritise sustainable water resource management, establish a comprehensive legal framework, and implement rigorous enforcement measures to address these issues. These steps are essential to safeguarding the right to clean water, protecting public health, and promoting sustainable development in the region.
Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State Indriyani, Rachma; Rahim, Asmar Abdul; Azmi, Ruzita
Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i2.2841

Abstract

Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota. 
Co-Authors Ali, Hiwa Rashid Anuar, Haslinda Mohd Azmi, Ruzita Rachma Indriyani, Rachma