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All Journal Jurnal Hukum Magnum Opus Padjadjaran Journal of International Law Balobe Law Journal
Catur Siswandi, Achmad Gusman
Fakultas Hukum Universitas Padjadjaran
Law, Crime, Criminology & Criminal Justice

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WIRETAPPING ON SUBMARINE COMMUNICATIONS CABLE: QUESTIONING ITS LEGALITY AMIDST LONG STANDING PRACTICE Hafidz L. Botua; Chloryne Trie Isana Dewi; R. Achmad Gusman Catur Siswandi
Padjadjaran Journal of International Law Vol. 6 No. 1 (2022): Padjadjaran Journal of International Law, Volume 6, Number 1, January 2022
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v6i1.772

Abstract

Up to 95% of the communication infrastructures are currently served by the submarine communications cable networks, which in their utilisation connect a wide variety of communications data. The increasingly advanced infrastructure is in fact unable to go hand in hand with legal transformation. At the present time, international law provides only partial protection in form of prevention against damage to the cable networks. Consequently, in the event that data transmissions across the cable networks are illegally exploited by foreign parties through "wiretapping" without inflicting any damage, as long as it is committed in the body of waters outside the state's sovereignty, the international law is unable to explicitly address this situation. The wiretapping has occurred in a couple of instances, however, the proper preventive measures are still in question. Fortunately, the most recent practice of international law in the field of human rights has provided some clarities through case law. Despite the fact that it has only been applied regionally, this endeavour is at the very least capable of supporting future proposed legal reforms. This article will further elaborate on the legality of wiretapping on submarine communications cable networks based on the relevant field of international law, which eventually revealed that such conduct is contrary to cyber law, international law of the sea and human rights law.
THE IMPLEMENTATION OF SOVEREIGN IMMUNITY OF WARSHIPS TO UNMANNED UNDERWATER VEHICLES (UUV) UNDER LAW OF THE SEA Naomi Catherine Felencia; R. Achmad Gusman Catur Siswandi; Imam Mulyana
Padjadjaran Journal of International Law Vol. 6 No. 1 (2022): Padjadjaran Journal of International Law, Volume 6, Number 1, January 2022
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v6i1.954

Abstract

Along with the times, there have been advances in marine technology which includes Unmanned Underwater Vehicles (UUV). Some countries have started using UUVs for both commercial and military marine activities since UUVs have several advantages that ordinary ships do not have. However, the development and application of UUVs for marine purposes raises numerous problems since there isn’t clear regulation regarding UUV. Current legal instruments only explain the meaning of ship without classifying the type of ship itself. It raises a problem since it led to different interpretations between countries and the determination of legal rules for UUV. One incident related to UUV technology can be seen from the Bowditch incident where from this incident there are differences in interpretation on the classification of UUV between America and Tiongkok. Other incidents can also be seen from the entry of foreign UUVs into Indonesia waters for research purposes. From several incidents, there are main issues to the classification of UUVs which are connected to warships and their military activities. The classification of UUVs as merchant ships or warships is necessary considering that the rights of immunity owned by warships will affect the legal status of UUVs and their activities. Regulations that are still ambiguous will affect the Coastal State’s actions if there are foreign UUVs entering their sea areas, especially if the UUVs are used for military activities. Therefore, it is necessary to have clear regulations regarding UUVs including their classification and determine marine activities that allowed for the use of UUVs.
The Need for Involving Third Parties in Dealing with ASEAN’s Marine Debris Problem Idris Idris; Achmad Gusman Catur Siswandi; Arfin Sudirman; Amanda Yola Elvarina Sipahutar; Mursal Maulana
Balobe Law Journal Volume 2 Issue 2, October 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v2i2.1002

Abstract

Introduction: Marine debris has been a major problem towards ASEAN environment for the past decade, with several of its member state becoming the largest sources of marine derbis globally. The article presents three main causes of marine debris and reviewing how and to what extend ASEAN has attempted to stop or prevent the continuation of these causes.Purposes of the Research: This study aims to see whether main causes of ASEAN Marine Debris has already been tackled by ASEAN frameworks and policies, while also taking a third-party recommendation for consideration.Methods of the Research: This research was contucted using a normative juridical approach by examining literature studies or secondary data related to the research objects.Results of the Research: The result of this paper is that there is still a gap between the main causes of marine debris in ASEAN and the solution and steps planned out within ASEAN frameworks, which need to be filled with further research and study, conducted by ASEAN with collaboration from third parties.
Evaluating the ISPS Code’s Role in Securing Maritime Trade Amid Regional Conflicts: Insights from Gaza and the Russia-Ukraine War Suwandi, Muhamad Daffasyarief; Adolf, Huala; Siswandi, Raden Achmad Gusman Catur
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.13117

Abstract

The escalating conflict between Palestine and Israel has significantly impacted the maritime sector. A decline in ship traffic and import-export volumes has disrupted international trade. Houthi attacks on commercial vessels in November 2023 have exacerbated the stability of global maritime trade. The majority of shipping companies have mitigated this risk by diverting their routes to the Cape of Good Hope. This has triggered an increase in shipping costs and insurance premiums, leading to global inflation. A similar situation occurred in the Black Sea during the Russia-Ukraine war in 2022. Ukraine suffered damage to its ports, which led to a drop in wheat exports. However, countries in the region initiated the Black Sea Grain Initiative (BSGI), based on the International Ship and Port Facility Security (ISPS) Code under the International Convention for the Safety of Life at Sea (SOLAS), which successfully helped restore maritime trade. The purpose of this research is to examine the reliability of the ISPS Code in addressing maritime security threats in high-intensity regional conflicts such as the Gaza conflict, by comparing the successful application of the code in the Black Sea during the war. By using the normative juridical research method through a comparative approach, and by using primary legal sources. The results show that the ISPS Code needs improvement, as it lacks contemporaneous and mandatory provisions, making full compliance difficult.
Co-Authors Amanda Yola Elvarina Sipahutar Arfin Sudirman Chloryne Trie Isana Dewi Hafidz L. Botua Huala Adolf Idris Idris Maulana, Mursal Mulyana, Imam Naomi Catherine Felencia Suwandi, Muhamad Daffasyarief