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Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State Indriyani, Rachma; Rahim, Asmar Abdul; Azmi, Ruzita
Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i2.2841

Indonesia committed to conserving the tuna resources byÂ participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the worldâ€™s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesiaâ€™s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota.Â

LOSS AND DAMAGE DUE TO CLIMATE CHANGE IN INDONESIA: AN OVERVIEW OF THE ASEAN COOPERATION ADAPTING TO GLOBAL WARMING Sari, Diah Apriani Atika; Indriyani, Rachma
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (325.852 KB)

Climate change is already causing significant loss and damage, and this issue has only become more urgent. Indonesia as the biggest archipelagic state in the world has faced great challenge of loss and damage due to climate change. Moreover, Southeast Asia is highly vulnerable to climate change as a large proportion of the population and economic activity is concentrated along coastlines; the region is heavily reliant on agriculture for livelihoods; there is a high dependence on natural resources and forestry; and the level of extreme poverty remains high. Vulnerability differs between South East Asia’s countries, however they are not immune from the occurrence of bad impacts. For that reason, regional cooperation is essential to cope with climate change and its impacts. The United Nations Framework Convention on Climate Change (UNFCCC) has stated loss and damage as the actual and/or potential manifestation of impacts associated with climate change in developing countries that negatively affect human and natural systems. Future loss and damage is potentially of unimaginable magnitude. These associated loss and damage now require new approaches that must also consider the challenge of addressing non-economic losses. In 2009, an ASEAN Climate Change Initiative (ACCI) was created to enhance coordination and cooperation in addressing climate change. This article will presents an overview of strategy and mechanism on ACCI as loss and damage response, furthermore, what kind of prospect can be taken by Indonesia. Therefore, it will analyze how such regional cooperation are made possible to be a panacea for climate change problem.

Mechanisms of the Legal Protection of Human Rights in Global Regulation M A Hamad, Ahmed; Jannial, Jacklyn; Indriyani, Rachma
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

This article addressed the issue of violations and infringements by presenting a legal study of the most important human rights protection mechanisms at the level of global regulation. The scientific necessity necessitated the study of the role of international bodies in the field of human rights, through the international mechanisms for monitoring human rights and the oversight and protection system in them. The article examined that international law has provided humanity with a number of mechanisms whose application leads to the creation of a virtuous society in which all human beings enjoy peace and security and enjoy all rights on an equal footing. International law has adopted a set of mechanisms that include a set of provisions that criminalize every act that would harm a person, whether this act occurred on his body, honor, or religion. International law has also created a number of consensual mechanisms that undertake the task of supervising and monitoring the extent to which individuals and states respect and apply those provisions. To achieve the objectives of the article, doctrinal legal research methodology using a qualitative approach was adopted. This article referred to a number of international treaties, charters, and declarations related to human rights or international law, in addition to many studies that dealt with human rights in international law. The article recommended that every country in the world shall stipulate that its constitution or basic law include explicit provisions that guarantee the protection of human rights and provide the necessary guarantees for their implementation.

Deep Seabed Mining And Precautionary Pause: Possibility And Legal Challenges Ariningtyas, Agnes; Indriyani, Rachma; Adiastuti, Anugrah
WARKAT Vol. 4 No. 1 (2024): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Critical minerals that are greatly needed for green technology could be found in potentially promising quantities on the seafloor. Nevertheless, there are long-term environmental effects associated with recovering such resources. This research argues based on international law of the sea which applies normative-legal research method using statutory and conceptual approaches. The main findings of this research reveal that the proponents argue that extracting minerals from the deep sea could be beneficial for the humankind. However, many nations are pushing for a ban or delay on seabed mining due to a lack of international law and knowledge of the full environmental effects. It is unclear if the International Seabed Authority (ISA) will approve such a ban, but some scientists believe mining will soon start. Therefore, precautionary approach needs to be implemented to minimize the potential destructive impacts due to the deep seabed mining (DSM) activities.

Responsibility of a Public Notary On The Making of Sale and Purchase Agreement and Authorization To Sell Without Legal Effect Hafiza, Nurul; Saptanti, Noor; Indriyani, Rachma
International Journal of Educational Research & Social Sciences Vol. 6 No. 4 (2025): August 2025 ( Indonesia - Zimbabwe )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i4.994

The purpose of this study is to analyze and understand the legal consequences of the Deed of Binding Sale and Purchase Agreement (PPJB) and Power of Attorney to Sell which are declared null and void by law and the responsibility of the Notary in making the Deed of Binding Sale and Purchase Agreement (PPJB) and Power of Attorney to Sell which are declared null and void by law/ The type of research that will be used by the author is normative or commonly called doctrinal. The approach used by the author in this study is the conceptual approach and the case approach. In this study, the legal materials that will be used are primary and secondary legal materials. The results of the study stated that the Supreme Court Decision Number 3162 K/Pdt/2021 stated that the Deed of Binding Sale and Purchase Agreement and Power of Attorney to Sell were null and void because they did not meet the valid requirements of the agreement according to Article 1320 of the Civil Code and violated the formal procedures for authentic deeds. The legal consequences of the cancellation are the return of the parties to their original state, including the return of land rights to the legal owner and the nullity of all legal actions arising from the deeds. Notaries who are negligent in exercising their authority can be held accountable civilly, administratively and criminally.

Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State Indriyani, Rachma; Rahim, Asmar Abdul; Azmi, Ruzita
Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i2.2841

Indonesia committed to conserving the tuna resources byÂ participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the worldâ€™s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesiaâ€™s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota.Â

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