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All Journal ASRO JOURNAL - STTAL Indian Journal of Forensic Medicine & Toxicology Jurnal Preferensi Hukum (JPH) Perspektif Hukum Hang Tuah Law Journal JPMP
Chomariyah
Universitas Hang Tuah
Humanities Decision Sciences, Operations Research & Management Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences

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Journal : hang tuah law journal

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Needed to Regional Cooperation to Combat People Smuggling in Indonesian Waters Chomariyah
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OKTOBER 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.97

Abstract

People smuggling is a growing global crime that exposes thousands of migrants to unacceptable risks and challenges the integrity of international borders. In the last two decades, globalization and conflicts have seen an increase international migration flows. People smuggling is not a new phenomenon in Indonesia. It has developed steadily over the last 10 years in response to the increased demands of asylum seekers and refugees attempting to reach Australia by boat. Among the convicted people smuggling organizers are a number of rejected asylum seekers who stayed on in Indonesia for years. Some smugglers are former refugees but now hold Australian citizenship, granted to them after regular resettlement. Indonesia recorded nine boat accidents involving 728 asylum seekers in 2012, while in the following year the number rose to 23 involving 615 victims. Operation Sovereign Borders and they turn-back-theboats policy from Australia, from December 2013 to March 2014, there were seven occurrences of boats being turned back to Indonesian waters. The result of research show that first, Indonesian government need regional cooperation to handling treated people smuggling in Indonesian waters. Regional cooperation would be a win-win solution for both countries. And second, the regional cooperation should be in line with prevailing Indonesian legislation.
The Responsibility of Coastal States Against the Ship Crash in International Strait (Malacca Strait) Femmy Asdiana; Chomariyah; Wisnu Aryo Dewanto
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.115

Abstract

Malacca Strait is globally recognized as a strait for international shipping as mentioned in UNCLOS 1982 and is under the sovereignty of three states; Indonesia, Malaysia, and Singapore. Seeing the position of Malacca Strait that becomes the most crowded lane of international trade and oil, it often raises problems in navigation. In addition, many rocks, corals and strong waves may increase the potential of ship wrecking, sinking, and crashes. In regard to the safety issue of shipping lane in Malacca Strait, it becomes the responsibility of the coastal states and thus, they should organize an integrated safety management among them, particularly in Malacca Strait. They are Indonesia, Malaysia, and Singapore. The safety assurance of shipping in Malacca Strait may increase the global economy as international oil trading and distribution is wellconducted, and finally it may increase the economy of the coastal states in Malacca Strait.
The Legal Consequences of China’s Objection Against Permanent Court of Arbitration’s Awards on International Law Winardi; Chomariyah
Hang Tuah Law Journal VOLUME 2 ISSUE 2, OCTOBER 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i2.116

Abstract

South China Sea (SCS) dispute has been running for so long. The claimant states keeps endeavoring various resolutions to settle that dispute, either through reconcilement by their own choice or under several compulsory procedures provided by UNCLOS 1982 (Convention). Considering the content of UNCLOS 1982, one of the claimant states, Philippines, brought the dispute to PCA unilaterally against China which objected the jurisdiction along with its final award through official government statements and verbal notes. China was found violating International Law based on the principle of Pacta Sunt Servanda. Nine Dash Lines claimed based on Historic Rights are still retained by China. The procedures should lead to a permanent resolution by International Community to avoid any possible armed conflicts, including the likelihood that Historic Rights turned into Customary International Law.
Co-Authors Agung Pramono Amy Shientiarizki Bambang Ariyanto Dita Birahayu FaraValeyria Irma Zain Femmy Asdiana Mochamad Arief Sofijanto Neny Nurlaily Nurul Hudi Rizky Hidayatullah Titik Ernawati Widiyatmoko Baruno Aji Winardi Wisnu Aryo Dewanto Wisnu Aryo Dewanto