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All Journal Indonesian Journal of International Law Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Muhammad Faiz Aziz, Muhammad Faiz
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Developing Joint Development Zone in Disputed Maritime Boundaries Aziz, Muhammad Faiz
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

As an archipelagic country, Indonesia has more maritime boundaries than land boundaries. There are 10 countries directly adjacent to Indonesia. Of those countries, Indonesia has just reached a few conclusive bilateral arrangements on maritime boundaries. Many unresolved and potential disputes are there that may arise in the future. Two ways have been used to negotiate Indonesia’s maritime boundaries: (1) bilateral talks that result in bilateral agreements and (2) dispute settlement through an international tribunal. However, for more than 50 years, these two methods have not optimally provided the expected result. In fact, the islands of Sipadan-Ligitan have been gone to Malaysia after Indonesia lost in the International Court of Justice. Creating a joint development zone will be good alternative mechanism proposed for the Indonesian government to resolve its dispute especially in an area that has natural resources. Indonesia once created a bilateral treaty on joint development zone with Australia on the Timor Gap and in fact, the treaty was considered a good example. Malaysia-Thailand and Malaysia-Vietnam are among the real examples in the implementation of joint development zones that still ongoing until today. Looking at the advantages and disadvantages of this zone, this alternative dispute resolution may be considered to provide the best solution for disputed countries. Moreover, this is supported by Article 74 paragraph 3 and Article 83 paragraph 3 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The creation of relevant and effective agreement, regulatory and institutional frameworks becomes the Indonesian government’s homework to optimize this mechanism.
THE NECESSITY TO REFORM INDONESIAN LEGAL FRAMEWORK ON PROVISIONAL ARRANGEMENT TO COMBAT IUU FISHING Husein, Yunus; Aziz, Muhammad Faiz
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before reaching agreement on delimitation in EEZ. Indonesia must utilize and optimize this provision in order to combat the IUU Fishing, to protect fisheries resources and to support in achieving maritime boundary delimitation. The state already has the relevant legal and institutional framework to implement the provisional arrangement and, once, had a provisional arrangement with Australia decades ago although in the field of hydrocarbon. The arrangement was deemed as the most prominent one at that time. The experience of other countries in implementing of provisional arrangement in combating IIU Fishing, protecting the resources and achieving maritime delimitation might encourage Indonesia to utilize and optimize provisional arrangements in disputed areas.
The Urgency of Administrative Law in Light of Ius Constituendum Regarding the Role of Village Heads Rahmat, Diding; Sudarto, Sudarto; Sarip, Sarip; Sujono, Sujono; Aziz, Muhammad Faiz
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10204

Abstract

This article delves into the crucial aspects of the Constitutional Court of the Republic of Indonesia's decision, focusing on the emergency state of administrative law concerning open legal policy decisions referred back to legislators, particularly regarding the tenure of village heads. The study employs a conceptual and legal approach, centering on the Constitutional Court Decision No.15/PUU-XI/2023 concerning the village head's position. This represents an open legal policy for law framers, paving the way for the political prevention of Pilkades (village head elections) money politics. Law No. 6 of 2014, which is under consideration for revision, lacks explicit measures against money politics. The methodology adopted is normative legal research that integrates legal theory with legislation. The findings indicate that open legal policy rulings necessitate immediate action by law framers, signaling administrative law urgency. The rationale is that law framers must react to that decision, and revising the law does not necessarily require inclusion in the National Legislation Program (Prolegnas). Decision on open legal policies must be administratively executed by law framers, including the issuance of Government Regulation in Lieu of Law (Perpu), which subsequently require legislative approval to become law. In essence, the decision of the Constitutional Court carries a moral and ethical coercive force, achieved by transforming ius constitutum into ius constituendum.
Co-Authors Diding Rahmat Raden Mohamad Herdian Bhakti Sarip Sarip Sujono Sujono Yunus Husein