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All Journal Indonesian Journal of International Law Indonesia Law Review (ILREV)
Putri, Siti Noor Malia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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ARCHIPELAGIC STATE RESPONSIBILITY ON ARMED ROBBERY AT SEA Putri, Siti Noor Malia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Recent hijackings to Indonesian ships on the southern waters of the Philippines have raised alarming concerns not only from the involving states but also other countries in the region. Such crimes at sea frequently occur in the area of the coastal states in this case archipelagic states such as Indonesia and the Philippines. This privilege as archipelagic states automatically extends their sovereignty and jurisdiction to enforce their national legislations. As a corollary, responsibility to ensure the security and capacity to protect and supervise territory should be carefully examined when looking at the current situations. This paper examines the responsibility of archipelagic states in the event of sea armed robbery within their jurisdiction.
LEGAL ISSUES ON THE ATTACKS AGAINTS VESSELS IN THE STRAITS OF MALACCA Putri, Siti Noor Malia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Piracy that occurs in the straits of Malacca has become a serious problem that need to be solved. The United Nations Office on Drugs and Crime (UNODC) has been combating piracy in this particular area since 2009. In an attempt to do so, UNODC creates a Counter Piracy Program (CPP) that has been implemented in several African Countries. However, UNODC doesn’t define the limitation of piracy which described in 1982 UNCLOS that only defines it as piracy on high seas. Whereas, piracy is not only takes place on high seas but also within territories of the states jurisdiction. The lack of ability to implement the provisions in national scope become another problem in regards preventing piracy in the Straits of Malacca.
THE STATE RESPONSIBILITY ON THE IUU FISHING : THE REFLECTION OF THE 2015 ITLOS ADVISORY OPINION ON IUU FISHING AND ITS RELEVANCE TO INDONESIA Putri, Siti Noor Malia
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in this matter. The issue is very relevant with the current case that encountered by the Indonesian Government with regard to the Chinese-flagged fishing boat, namely Kway Fey 10078, that had been suspected to conduct IUU fishing activities in the Indonesian exclusive economic zone (EEZ). In this particular case, the Chinese coast guard ship assisted the Kway Fey to escape from Indonesian jurisdiction by ramming into Kway Fey 10078. In consequence, the Indonesian Government cannot enforce its jurisdiction upon Kway Fey and the Chinese Government requested Indonesia to release eight Chinese nationals who are detained. This reaction shall question on how international provide legal solutions on how to effectively deal with IUU fishing activities.
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