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All Journal JUSTITIA JURNAL HUKUM Indonesian Comparative Law Review
Hary Abdul Hakim
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Law, Crime, Criminology & Criminal Justice

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Unitary, Federalized, or Decentralized?: The Case Study of Daerah Istimewa Yogyakarta as the Special Autonomous Regions in Indonesia Ming-Hsi Sung; Hary Abdul Hakim
Indonesian Comparative Law Review Vol 1, No 2 (2019)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1210

Abstract

The professed constitutional unitary state claim has been highly debated.  Some argue that Indonesia shall be a unitary state in name, pursuant to Article 1 Para. III of the Indonesian Constitution, but Constitutional reforms after 1998 when the autocratic President Gen. Soeharto stepped down granted broad authority to local government, leading Indonesia to a quasi-federation situation in practice. On the other hand, some stick to the aforementioned Article, insisting that decentralization embedded in the Constitution Article 18 Para. II is by no means making Indonesia federal.  This article takes the Act No. 13 of 2012 on Special Region of Yogyakarta (the Daerah Istimewa Yogyakarta) granting autonomy to Daerah Istimewa Yogyakarta as a case study to argue for the latter, asserting that the case merely exemplifies the decentralization characteristic embedded in the Constitution. This paper first examines the political features of federalism through a historical legal perspective, showing that the current state system in Indonesia is decentralized but not federalized. This paper concludes  that the recognition of Daerah Istimewa Yogyakarta as an autonomous region is simply a practice of constitutional decentralization. This paper also higlights that with recent political development, echoing that the decentralization theory is not a product of legal interpretation, but a constitutional and political reality.
The Principle of Determining the Country’s Baseline Point That Shifts as An Impact of Climate Change Wita Setyaningrum; Muhammad Nur; Chrisna Bagus Edhita Praja; Hary Abdul Hakim
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.22742

Abstract

Based on natural conditions, the State Baseline measurement method for coastal areas is usually with a low water level mark, which differs between coastline areas in each country. This means that it is not possible to have permanent borders for a maritime country that can be used. Any movement or shift of the State Baseline is not regulated by the provisions of UNCLOS 1982. This condition is expected to give rise to international disputes, including with other maritime zones. With the phenomenon of climate change becoming more pronounced, there are gradual changes in coastlines, and there are no specific provisions regarding this in UNCLOS 1982. As such, the provisions contained in UNCLOS 1982 cannot respond effectively to the phenomena of shifts that occur in coastline, which will also influence the determination of sea baselines to determine the start of a country's territorial sea. So in conditions like this, the existence of UNCLOS cannot be said to be an international instrument capable of adapting to conditions occurring on earth. With this climate change phenomenon which has an impact on shifting the State Baseline, of course it gives rise to various kinds of new problems and challenges in the existing international legal structure regarding maritime law. Namely how the baselines are set in UNCLOS 1982 where the phenomenon of climate change and the consequences of sea level rise can cause changes in the determination of the baseline points that have been measured in terms of the Principle of State Sovereignty. This research to analyze international legal arrangements and discover new arguments in determining the principle of state sovereignty as a basis for shifting baselines due to climate change. This type of research is normative juridical research. The data collection method used is literature study. The tool used in this research is secondary data in the form of documents consisting of primary legal material, secondary legal material and non-legal material. The data was analyzed qualitatively and then presented descriptively.
Co-Authors Chrisna Bagus Edhita Praja Ming-Hsi Sung Muhammad Nur Wita Setyaningrum