Rahayu Repindowaty
Fakultas Hukum Universitas Jambi

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Analisis Putusan Permanent Court of Arbitration Terhadap Klaim Nine Dash Line: Studi Kasus Klaim Wilayah Natuna Utara Maulana, Febriyansyah Rahmat; Repindowaty, Rahayu
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i2.10452

Abstract

The purpose of this research is to analyze the judgment of Permanent Court of Arbitration on China’s Nine Dash Line claim and Indonesia’s best strategies to resolve the claim of territory in Natuna Sea. In this study, qualitive methodes are used by taking various data and the source of the data to be verified. This research contains Chinese claim of “Nine Dash Line” in the Natuna Islands which overlaps with the Indonesian Exclusive Economic Zone (EEZ). This China’s claim of “Nine Dash Line” has been protracted for several years and is a serious problem in the region of South China Sea. In the conflict, researches revealed that Indonesia has various plans, efforts and attitudes so that territory of the Republic Indonesia is maintaned. The ruling of Permanent Court of Arbitration says that China’s claim of “Nine Dash Line” are refutable and have no legal basis. But, china is rejects the ruling and still aggressive in the South Chine Sea which has potential to make instability in the region of South China Sea. The result of this study will show that the disputing state parties must implement and respect the ruling because it has became a source of international law. The ruling also has influence in dealing with chinese aggressiveness and regulation of maritime’s claim in the region of South China Sea.
Perlindungan Terumbu Karang Menurut UNCLOS 1982 (Studi Kasus Kerusakan Terumbu Karang oleh Kapal Pesiar M.V. Caledonian Sky di Raja Ampat) Trimirza, Maretta; Ramlan, Ramlan; Repindowaty, Rahayu
Uti Possidetis: Journal of International Law Vol 2 No 1 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i1.10912

Abstract

Coral reefs and all the life contained in them are one of the most valuable natural assets. Various damages done by humans have caused damage to the ecosystem that marine resources are reduced. The case of the collision by the cruise ship M.V. Caledonian Sky in Raja Ampat is causing damage to coral reefs, it needs protection and responsibility. This study aims to: First, identify and analyze how the protection of the marine environment against coral reefs is caused by the M.V. Cruise Ship. Caledonian Sky based on international law and national law. Second, knowing and analyzing how the M.V. Caledonian Sky for damage to coral reefs based on UNCLOS 1982 and national laws. The research method used is normative juridical research, by examining document studies using a variety of secondary data or library materials. The results of this study are First, protection of the marine environment against damage to coral reefs by the M.V. cruise ship. Caledonian Sky according to international law in accordance with UNCLOS 1982 article 194 paragraphs (1) and (2) concerning measures to prevent, reduce and control pollution of the marine environment. According to national laws protecting the marine environment against damage to coral reefs by the cruise ship M.V. Caledonian Sky is regulated in laws concerning the protection of the marine environment and applies in Indonesia. Second, Cruise Ship Legal Liability M.V. Caledonian Sky for Damage to Coral Reefs according to international law is regulated in UNCLOS 1982 Article 193 concerning the sovereign rights of the State to exploit its natural resources and Article 235 concerning responsibility and compensation obligations. According to national law, it is stipulated in laws concerning accountability and applies in Indonesia. Third, the London-based Noble Calidonia Company has acknowledged responsibility for this case. To prevent the occurrence by Caledonian Sky cruises, Indonesia must establish signs for certain areas to be used as shipping activities. Second, in upholding national law and international law in the supervision of marine waters in Indonesia, the government of the Republic of Indonesia must affirm and apply existing laws correctly and clearly in order to become a deterrent effect for ship operators and ship captains to prevent this kind of happening again in Indonesian marine. Third, in resolving cases of damage to coral reefs, Law Number 32 of 2009 concerning Environmental Protection and Management, Article 87 paragraphs (1) and (2) can be used.
Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia Ayu S, Rizza; Ramlan , Ramlan; Repindowaty, Rahayu
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.12334

Abstract

The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.