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All Journal Global Legal Review Indonesian Journal of International Law Indonesia Law Review (ILREV)
Fatihah, Citra Yuda Nur
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Celebrating the 25th Anniversary of UNCLOS Legal Perspective: The Natuna Case Agusman, Damos Dumoli; Fatihah, Citra Yuda Nur
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The 25th Anniversary of UNCLOS was commemorated in early February in Jakarta, just one month after the Chinese fishing vessels and coast guard entered the Indonesia’s EEZ and exploited its natural resources. From the Indonesian side, this China’s encounter has indeed violated the Indonesia’s sovereign rights over its EEZ as well as the breach of Indonesia’s sovereignty by undermining and intervening in Indonesia’s right under international law in exercising legal enforcement in its own jurisdiction. Moreover, the Indonesian government has consistently and persistently rejected the nine-dash line claims by sending official protests through diplomatic notes. The protest also exerts Indonesia’s firm and clear position that Indonesia is not a claimant state to either the sovereignty or territorial disputes in the South China Sea, and therefore will not engage in any negotiation. Furthermore, Indonesia would never recognize the nine-dash line claim since it does not have a legal basis recognized by international law. In contrast, the Indonesia’s sovereign rights are guaranteed by the UNCLOS, as the Indonesia’s EEZ had been acknowledged and registered under the UNCLOS. At the same time, Indonesia will be increasing the frequency of patrols in Natuna waters, and fisheries activities as it is Indonesia’s rights. This Article attempts to identify and describe the Writers’ views over the Natuna case from the legal perspective. The responses of the Indonesian government against the claim are also briefly discussed.
Establishing A Legitimate Indonesia’s Government Electronic Surveillance Regulation: A Comparison with The U.S. Legal Practices Fatihah, Citra Yuda Nur
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

Cybersecurity and privacy have now become a matter of increasing concern for citizens, the private sector, and the Indonesian government. The government is currently struggling to combat cyberattacks and data breaches. Indonesia is, in fact, in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak. The one and only legal basis for regulating cybersecurity, privacy, and security, in Indonesia so far is the Electronic Information and Transactions Law No. 11/2008 and its revised version Law No.19/2016. Furthermore, the government through the Indonesian Ministry of Communication and Information has just issued the implementing regulation called the Ministerial Regulation Number 5 of 2020. This Ministerial Regulation has several debatable articles and provisions, such as regarding the registration obligation, the content management and safe harbor concept, as well as the censorship issues, and the access availability to government. This article would like to address and examine whether it's lawful for Indonesian government institutions or law enforcers to request such an access to electronic systems and users’ personal data from the Electronic Systems Operators or internet service providers for surveillance and law enforcement purposes. The article then provides legal steps or procedures as well as legal recommendations that Indonesian government entities must follow before conducting such a legitimate electronic cyber operation. This article will also compare those Indonesia’s digital surveillance practices with the United States legal practices and lesson-learned on government surveillance.
Indonesia’s Approach on Cyberattack Attribution through its Foreign Policy Fatihah, Citra Yuda Nur
Global Legal Review Vol. 2 No. 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.5140

Abstract

It is clear that cybersecurity has now become a matter of increasing concern for Indonesian citizens, the private sector and the Indonesian government. Indonesia is ranked among the top countries from which cyberattacks are launched, while at the same time is itself very vulnerable to cyberattack. Indeed, Indonesia is currently in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak that there is no clear classified security law or policy, and security practices are spread across different legislation while there are no specific cybersecurity provisions in place. Indonesia also lacks of national policy and strategy when it seeks to defend itself against cyberattack, particularly those hacking activities from foreign actors or state-sponsored groups. While majority of states in the world have two different approaches on cyberattack attribution from the context of sovereignty in international law, those applied sovereignty as a rule and as a principle, Indonesia has never stated clearly its position. Therefore, based on the analysis on how Indonesia’s approach on sovereignty through its foreign policy, from the perspectives of diplomacy practices and national policies, relevant sovereignty-violation cases, and its international framework and cooperation on cybersecurity, we may conclusively view that Indonesia appears to endorse the sovereignty-as-a-rule position, where it upholds the principle of respect for state sovereignty on cyberspace.
Co-Authors Damos Dumoli Agusman