Articles
<![CDATA[FOREIGNERS LAND RIGHTS REGULATIONS: INDONESIA’S PRACTICE ]]>
<![CDATA[Arie Afriansyah]]>
<![CDATA[ Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 27, No 1 (2015) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Gadjah Mada ]]>
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DOI: 10.22146/jmh.15913
<![CDATA[The issue of the sales of Indonesian Islands to non-Indonesian Citizen has seized the attention of Indonesian people nationally. It is thought that such sales will affects the sovereignty of Indonesia’s territory. This article will focus on two main issues, namely how the rule of law regulates acquisition and management of areas that go to the sovereignty of a country and how or what the main problems faced by Indonesia in maintaining the territorial integrity of the Republic of Indonesia, especially the business of selling some islands to non-Indonesian citizens. Isu penjualan beberapa pulau di Indonesia kepada warga Negara asing telah menyita perhatian masyarakat Indonesia secara nasional. Diperkirakan bahwa penjualan tersebut akan mempengaruhi kedaulatan wilayah Indonesia. Artikel ini akan fokus pada dua isu utama, yaitu bagaimana aturan hukum mengatur dalam hal perolehan dan pengelolaan kawasan yang masuk dalam kedaulatan suatu negara dan bagaimana atau apa masalah utama yang dihadapi oleh Indonesia dalam menjaga keutuhan wilayah Republik Indonesia, khususnya bisnis penjualan beberapa pulau kepada pihak asing.]]>
<![CDATA[Dispute Settlement Mechanism In Bilateral Investment Treaties (BITs) ]]>
<![CDATA[Yetty Komalasari Dewi]]>;
<![CDATA[Arie Afriansyah]]>
<![CDATA[ Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019 ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/ydk.v34i1.11403
<![CDATA[The Bilateral Investment Treaty (BIT) or in Indonesia known as “Perjanjian Promosi dan Perlindungan Penanaman Modal (P4M)” contains a very powerful dispute settlement mechanism that allows investors to file a lawsuit directly against a host country allegedly violating investment protection under international law. This is known as Investor-State Dispute Settlement (ISDS). The ability of investors to “impose” their rights directly against a country without the existence of an arbitration clause is considered as one of the extraordinary achievements of the BIT innovation. This paper discusses two types of dispute resolution models contained in almost all BITs signed by Indonesia, namely State-State Dispute Settlement (SSDS) and Investor-State Dispute Settlement (ISDS). It also elaborates the weaknesses of the current dispute resolution formula, especially in the ISDS clause and provides the possibility of improvements to the formulation of the ISDS clause to better ensure a balance between the protection of foreign investors and the needs of the host country.]]>
<![CDATA[ASEAN’S HUMAN RIGHTS BODY: NEW BREAKTHROUGH FOR HUMAN RIGHTS PROTECTION IN SOUTH EAST ASIAN REGION SOME PRELIMINARY NOTES FROM INDONESIA’S PERSPECTIVE ]]>
<![CDATA[Afriansyah, Arie]]>
<![CDATA[ Indonesia Law Review Vol. 1, No. 2 ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[On 21 November 2007, leaders of the Association of South East Asian Nations (ASEAN) promulgated the ASEAN Charter (the Charter). Not only does it provide legal basis for ASEAN’s legal personality; it also provides new legal norms for its member states. One of those that need to be discussed is the establishment of ASEAN’s Human Rights Body (the Body). This obligation is stipulated in Article 14 of the Charter, which stresses the commitment of member nations to protect human rights. However, the establishment of the Body has faced numerous pessimistic opinions regarding the organisation’s capability to protect human rights considering its notorious reputation over this matter. The article is fosucing on some areas of concerns that need to be looked at to put the Body into operation. Some important lessons from the European Human Rights Body is examined as comparison.]]>
<![CDATA[REFUGEES RESETTLEMENT: A REVIEW OF INDONESIAN LAWS AND PRACTICES ]]>
<![CDATA[Afriansyah, Arie]]>;
<![CDATA[Zulfa, Eva Achjani]]>
<![CDATA[ Indonesia Law Review Vol. 8, No. 2 ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a judicial-normative approach to analyze the doctrines as well as the requirements in international law as well as the concept and the opinions of scholars combine with rules found within national laws about the procedure of resettlement of a third party state for the refugees. By observing refugee camps in Jakarta, Medan and Kupang during 2016, it concludes that national immigration law in Indonesia is heavily embedded within the Law No. 6/2011 about immigration and the Director-General’s decision No. IMI-1489.UM.08.06 at the year 2010 about the handling of illegal immigrants. Further, this article argues on the need of regulatory measures in place in regards to the capacity of institutions in Indonesia in the handling of refugees so that more extensive coordination can be achieved in.]]>
<![CDATA[Port Readiness in Facing Globalization: Indonesian Case Study ]]>
<![CDATA[Ariadno, Melda Kamil]]>;
<![CDATA[Afriansyah, Arie]]>;
<![CDATA[Dewi, Yetty Komalasari]]>
<![CDATA[ Indonesia Law Review Vol. 4, No. 3 ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[International trade cannot be separated from the role of international shipping. More than 80% of goods transported through sea from a region to another, from one Country to another Country. Since the dawn of the voyage, port cannot be separated from the voyage itself. Adequate port will ensure a good international shipping. Increasing number of international shipping also means increasing volume of international trade. With a variety of factors such as geographical factor, natural resources, and population, Indonesia should be a key player in international trade by sea. However, the reality is still far from ideal, especially when compared with neighboring countries. This research aims to map the condition and situation of ports in Indonesia, especially in the legal field so that can be known what things that can be recommended to optimize the role of Indonesian ports in international trade by sea.]]>
<![CDATA[The Adequacy of International Legal Obligations for Environmental Protection during Armed Conflict ]]>
<![CDATA[Afriansyah, Arie]]>
<![CDATA[ Indonesia Law Review Vol. 3, No. 1 ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[Since it first developed, the law of war has focused on protecting human beings. It prioritises human protection by controlling the conduct of belligerents in order to minimise human injuries and casualties. However, the consequences of war are seldom limited to human casualties. War also causes major destruction to the environment. This article shows that despite prioritising human protection, international law provides a significant number of rules to protect the environment during armed conflicts. Contrary to claims that existing rules are insufficient, the law of war adequately safeguards the environment during armed conflicts by prohibiting certain military activities that may cause significant damage to the environment. Furthermore, there are peacetime regulations that may continue to bind belligerents in times of war]]>
<![CDATA[Legal Framework and Mechanism of Marine Fisheries Subsidies in the Aspects of International Trade and Sustainable Development ]]>
<![CDATA[Yusuf, Adijaya]]>;
<![CDATA[Ariadno, Melda Kamil]]>;
<![CDATA[Afriansyah, Arie]]>
<![CDATA[ Indonesia Law Review Vol. 5, No. 3 ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in the Inland waters, archipelagic waters and the Territorial Sea. This article aims to examine the legal framework and mechanisms of fisheries subsidies in the aspects of trade and sustainable development. In this article, discussion would carried out in order to examine the legal framework and mechanisms of marine fisheries subsidies that are implemented with the principles of fair-trade and sustainable development, both in the international level, as well as in the national level. Thus, this research is expected to be able to bridge the interests of developed countries and developing countries, especially Indonesia, in order to achieve fair trade in the field of fisheries and resource utilization of sustainable fisheries.]]>
<![CDATA[The Urgency Of Green Ship Recycling Methods And Its Regulations In Indonesia From The International Law Perspective ]]>
<![CDATA[Bismo Jiwo Agung]]>;
<![CDATA[Arie Afriansyah]]>
<![CDATA[ Unram Law Review Vol 6 No 2 (2022): Unram Law Review(ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v6i2.236
<![CDATA[One of the critical problems for ships utilization is the limited operative life which affect its efficiency. Therefore, ship owners tend to send these ships for recycling. On the one hand, ship recycling industry can absorb labour and become a source of state revenue. Nevertheless, these activities significantly affect the preservation of the marine environment if not appropriately managed. Marine waste pollution is an essential issue in global context. Regrettably, as a country with a massive shipping intensity and geographically a strategic location, Indonesia does not have a comprehensive national policy regarding recycling ships weighing for 500 GT or more. The government allows conventional ship recycling methods that are not environmentally friendly and sustainably, which contradicts Indonesia's commitment to supporting the Sustainable Development Goals (SDGs). Thus, Indonesia is vulnerable to claims regarding poor pollution management due to ship dismantling activities. The claim could be addressed to the state’s responsibility, which refered to international instruments such as conventions and guidelines in terms of preventing pollution to neighboring countries originating from ship breaking and dismantling activities that lack regulation and measures. This article argues the urgency to reform the current national ship recycling regime in the future to apply a greener method by alluding to international general principles, customary and jurisprudence.]]>
<![CDATA[The Role Of Cites Management Authorities On The Law Enforcement Process On Shark Finning Crimes In Indonesia ]]>
<![CDATA[Rafika Rizky Aulia Rahman]]>;
<![CDATA[Arie Afriansyah]]>
<![CDATA[ Unram Law Review Vol 6 No 2 (2022): Unram Law Review(ULREV) ]]>
Publisher : <![CDATA[Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ulrev.v6i2.248
<![CDATA[Sharks are one of the animals that are included in the CITES Appendix list and occupy the top position in the food chain in marine ecosystems. But in reality, these animals are often becomes the main catch targets or by-catch targets. The practice of shark finning is one of the activities that refer to cutting only the fins of sharks and throwing the rest of the body (whether alive or dead) back into the sea. If the animals that are at the top of the food chain in the sea are exploited irresponsibly so that they are threatened with extinction, this will have an impact not only on the species itself but will also have to impact other species and damage the marine environment. The purpose of this article is to find out how the role of management authorities in law enforcement in the crime of shark finning in Indonesian waters. Thus the question in this article is, how law enforcement will be able to suppress shark finning activities that occur in Indonesian waters. The research method uses a descriptive qualitative approach and is supported by secondary data based on available literature to explore about shark finning crime. Research results show that the Ministry of Maritime and Fisheries as the Indonesian fish resource management authority has participated in the Task Force to eradicate illegal fishing under the rules of the Minister of Maritime and Fisheries of the Republic of Indonesia related to the standard operating procedures of the Law Enforcement Task Force to Eliminate Illegal Fishing as a specific criminal charge for the crime of shark finning as transnational crime. If activities are carried out in the waters of Indonesia, the charges for fines of sharks in the waters of Indonesia are under the jurisdiction of Indonesia as a sovereign state.]]>
<![CDATA[Securitization of the Merchant Vessels by the Private Contracted Armed Security Personnel: A Legal Perspective ]]>
<![CDATA[Selo Pasha Purnawarnantha]]>;
<![CDATA[Arie Afriansyah]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41771
<![CDATA[Shipping trade commodities using commercial ships through the sea that are safe and free from security disturbances is a prerequisite for spinning a country's economy. However, not all seas in this world are safe. There are many areas of waters categorized as high-risk areas. UNCLOS regulates that a safe sea implies that the sea is free from threats or disruptions to the activities of peaceful sea use or utilization, among others, free from threats of violence in the form of piracy, sabotage, and armed terrorism at sea. Conditions gave rise to private security services on board called PCASP (Private Contracted Armed Security Personnel). This article aims to find out how to set up PCASP internationally and according to Indonesian law. This research uses secondary data materials, namely books, journal articles, and papers relevant to this research obtained from print and internet media. The use of PCASP supports the safety and security clause in UNCLOS 1982. IMO as an instrument of the United Nations in charge of maintaining and controlling international regulations on the safety and security of ships and ports. The maritime transportation authority in Indonesia does not require PCASP service nor approves commercial shipping companies to present PCASP on board.]]>
