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Silviani, Ninne Zahara
Univesitas Internasional Batam
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Journal : Journal of Law and Policy Transformation

 1 
DISPUTE SETTLEMENT IN DELIMITATION EXCLUSIVE ECONOMIC ZONE THROUGH DIPLOMACY OF STATES: WILL IT SOLVE THE UNDELIMITED? (CASE: INDONESIA AND VIETNAM) Ninne Zahara Silviani
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8289

Abstract

International law has an aim to help international community to ensure the peace and security between states. Whenever a dispute between states arisen in any field of law, there are some choices of dispute settlement, which could be chosen by state entities to solve it, which are diplomatic methods and the adjudicative methods. As mentioned in article 3 point 1(a) of Vienna Convention 1961, the function of diplomatic mission is represent the sending state in the receiving state. The functions are not only in ceremonial attempt. Diplomatic mission also could protest and do inquiries to the receiving states if there are any dispute arisen. Same rule do applied in maritime disputes between Indonesia and Vietnam recently. Indonesian Navy patrol ship under name KRI Tjiptadi 381 was hit by two surveillance vessels owned by the Vietnam Coastguards while pursuing illegal fishing boats on the North Natuna Sea, which is defined as “undelimited” maritime boundaries between Indonesia and Vietnam on Saturday, April 27th 2019. The Indonesian Foreign Ministry then called on the Vietnamese Ambassador as the diplomacy mission of Vietnam in Jakarta to deliver a protest note against a dangerous incident in the North Natuna Sea. This article will discuss about the limitations of diplomatic mission authority in dispute settlement between states, also does the diplomacy settlement could give a better result settling the maritime boundaries dispute.
DISPUTE SETTLEMENT IN DELIMITATION EXCLUSIVE ECONOMIC ZONE THROUGH DIPLOMACY OF STATES: WILL IT SOLVE THE UNDELIMITED? (CASE: INDONESIA AND VIETNAM) Silviani, Ninne Zahara
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8289

Abstract

International law has an aim to help international community to ensure the peace and security between states. Whenever a dispute between states arisen in any field of law, there are some choices of dispute settlement, which could be chosen by state entities to solve it, which are diplomatic methods and the adjudicative methods. As mentioned in article 3 point 1(a) of Vienna Convention 1961, the function of diplomatic mission is represent the sending state in the receiving state. The functions are not only in ceremonial attempt. Diplomatic mission also could protest and do inquiries to the receiving states if there are any dispute arisen. Same rule do applied in maritime disputes between Indonesia and Vietnam recently. Indonesian Navy patrol ship under name KRI Tjiptadi 381 was hit by two surveillance vessels owned by the Vietnam Coastguards while pursuing illegal fishing boats on the North Natuna Sea, which is defined as “undelimited” maritime boundaries between Indonesia and Vietnam on Saturday, April 27th 2019. The Indonesian Foreign Ministry then called on the Vietnamese Ambassador as the diplomacy mission of Vietnam in Jakarta to deliver a protest note against a dangerous incident in the North Natuna Sea. This article will discuss about the limitations of diplomatic mission authority in dispute settlement between states, also does the diplomacy settlement could give a better result settling the maritime boundaries dispute.
Preventing Illegal Apple Imports: How BP Batam Contributes in Free Trade Zone Silviani, Ninne Zahara; Febriyani, Emiliya; Hartono, Adi
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Batam is recognized as one of the regions within the Riau Islands Province designated as a Free Trade Zone (FTZ) in Indonesia due to its strategic positioning along international shipping routes. As a border region of Indonesia, it encounters challenges typical of other border areas, closely linked to issues of order, security, and national integrity. Moreover, within Batam, which serves as both a border area and an FTZ, a persistent issue revolves around the prevalence of illicit activities and the smuggling of foreign-origin products. The smuggling of electronic goods in Batam is driven by market demands beyond the city, seeking electronic items at comparatively lower prices than those in other regions. The lack of public awareness regarding the implications of purchasing illegal or smuggled goods constitutes a significant impediment to the eradication of illicit smuggling in Indonesia. This research employs the doctrinal or normative legal research method, utilizing secondary data obtained through a comprehensive review of literature such as books, journals, articles, and other relevant sources, including online resources. The choice of normative legal research method is justified by the research's objective, which aims to analyze the law from the perspectives of three fundamental legal values: justice, utility, and certainty. The findings of this research affirm that despite the legal regulations governing the criminal offense of smuggling and associated sanctions outlined in the legislation, the oversight implementation by BP Batam has not been entirely effective. This is evidenced by the continued occurrence of smuggling activities in Batam, attributed to various challenges encountered by BP Batam in their enforcement endeavors.
Asset Forfeiture as A Solution for Fraudulent Investments: Insight from Indonesia and South Korea Ceisarina, Indah Tiara; Silviani, Ninne Zahara; Febriyani, Emiliya
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10562

Abstract

Fraudulent investment is an investment activity that offers to give a promise of maximum profit in a short time without the need to do a job that is physically, mentally and mentally exhausting and find information about the origin of the platform. Asset forfeiture by law enforcement aims to make the perpetrator fall into poverty to provide a deterrent effect and uphold a sense of justice for perpetrators of criminal acts such as money laundering. Poverty is a frightening thing in their lives. The purpose of the research is the general objective in conducting this research to find out how the recovery of asset forfeiture in handling cases of money laundering crimes. The specific objective is to analyze how the effectiveness of asset forfeiture implementation against fraudulent investment through legal comparison (Indonesia & South Korea). The research method that the author uses is in accordance with the title and relevant, so the author uses normative legal research methods. In this case, normative research is used because the characteristics of this normative legal research method are to examine legal comparisons regarding the Asset Forfeiture Law in Indonesia and South Korea. Asset forfeiture in South Korea shows effective enforcement of justice. The Indonesian people hope that this measure will be implemented to realize the 5th principle of Pancasila “Social justice for all Indonesian people” by impoverishing criminals through asset forfeiture.
Preventing Illegal Apple Imports: How BP Batam Contributes in Free Trade Zone Silviani, Ninne Zahara; Febriyani, Emiliya; Hartono, Adi
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Batam is recognized as one of the regions within the Riau Islands Province designated as a Free Trade Zone (FTZ) in Indonesia due to its strategic positioning along international shipping routes. As a border region of Indonesia, it encounters challenges typical of other border areas, closely linked to issues of order, security, and national integrity. Moreover, within Batam, which serves as both a border area and an FTZ, a persistent issue revolves around the prevalence of illicit activities and the smuggling of foreign-origin products. The smuggling of electronic goods in Batam is driven by market demands beyond the city, seeking electronic items at comparatively lower prices than those in other regions. The lack of public awareness regarding the implications of purchasing illegal or smuggled goods constitutes a significant impediment to the eradication of illicit smuggling in Indonesia. This research employs the doctrinal or normative legal research method, utilizing secondary data obtained through a comprehensive review of literature such as books, journals, articles, and other relevant sources, including online resources. The choice of normative legal research method is justified by the research's objective, which aims to analyze the law from the perspectives of three fundamental legal values: justice, utility, and certainty. The findings of this research affirm that despite the legal regulations governing the criminal offense of smuggling and associated sanctions outlined in the legislation, the oversight implementation by BP Batam has not been entirely effective. This is evidenced by the continued occurrence of smuggling activities in Batam, attributed to various challenges encountered by BP Batam in their enforcement endeavors.
Co-Authors Abrar, Farhan Rabbani Agustina Agustina Agustini, Shenti Alberta Adeline Marvel Alhakim, Abdurrakhman Amelia Putri Anisah Anisah, Amelia Putri Anweidri Chai Asep Rinaldy Atmaja, Vanessa Riarta Avisa Putri Anggara Belinda Oktaviani Ceisarina, Indah Tiara CHRISTIANA CHRISTIANA, CHRISTIANA Cindy Tan Daniella Natasha Dedi Jaya Deni Achmad Deni Achmad Disemadi, Hari Sutra Efrintan Debora Sibarani Eko Pratama Sinaga Elvin Valentino Elza Syarief, Elza Erni Erni Febriyani, Emiliya Fennesy Fiorent Lim Ferawati Ferawati Fitri, Winda FL. Yudhi Priyo Amboro, FL. Yudhi Priyo Girsang, Junimart HARTONO, ADI Henry Soelistyo Budi, Henry Soelistyo Hutauruk, Rufinus Hotmaulana Hyun, Park Ji James Gan Jesen Winardo Jeslyn Teo Joel Jordan Tobing Jonathan Jonathan Junimart Girsang Kellie Leslie Kevin Saputra Kristina Dwi Putri Lidia Kando Br Gea Lu Sudirman Mahendra, Adam Maya Shafira Maya Shafira Mega Hardianti Kho Melisa Melisa Mellberg Limanda Muhammad Alfiq Zhian Muhammad Ikhsan Kasturi Muhammad Ikhwanul Amri Nanda Melani Nellsen Purwandi Ninin Ernawati Ninin Ernawati Nipon Sohheng Nurlaily NURLAILY, NURLAILY Park Ji Hyun Park, Jihyun Prakasa, Satria Unggul Wicaksana Putri, Erika Emilia Rahayu, Putri Ratna Kumala Sari Raymond Raymond Rehulina Tarigan Rina Shahriyani Shahrullah Rudolf Haiti Rusdiana, Shelvi Sadiah, Azzhara Halimatus Santoso, Inggrid Rosemary Seela Anwar Sya'adah Sholahuddin Al-Fatih Silvia Yolanda Octavia Situmeang, Ampuan Sri Zanariyah Tampubolon, Theresia Tan, David Tan, Winsherly Tantimin, Tantimin Tianto, Agus Triana Dewi Seroja Vanessa Riarta Atmaja Vivi Willson Willson Yenny Permata Liegestu Yustisio Mahendra Ziko Riandi Zuraini Zuraini