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Pengendalian Efektif sebagai Cara Akuisisi Teritorial: Analisis Kasus Sipadan - Ligitan Hendrapati, Marcel; Napang, Marthen; Mochtar, Syamsuddin; Judhariksawan, Judhariksawan
Hasanuddin Law Review VOLUME 1 ISSUE 2, AUGUST 2015
Publisher : Faculty of Law, Hasanuddin University

Berbagai cara seperti cession, prescription, discovery dalam memperoleh hak atas suatu wilayah dapat dilakukan oleh suatu negara, asal saja negara tersebut dapat menjalankan pengendalian efektif (effective occupation) atas wilayah itu. Pengendalian yang berlangsung lama, terus menerus dan damai yang disertai dengan pengakuan tidak memiliki karakter fisik semata-mata, tetapi terutama terkait dengan pelaksanaan fungsi-fungsi pemerintahan sebagai manifestasi kedaulatan teritorial, sebagaimana ditemukan melalui berbagai yurisprudensi, seperti kasus Sipadan - Ligitan. Hak Malaysia atas kedua pulau itu tidak semata-mata terkait prinsip â€˜effective occupationâ€™, tetapi juga terkait dengan sulitnya menghindari pengaruh eksternal di balik putusan Mahkamah Internasional. Argumentasi dan pertimbangan mahkamah sarat dengan alibi atau permainan kata dalam mematahkan pendirian pihak Indonesia sehingga dirasakan adanya ketidakadilan.

Covid-19 As A Non-Traditional Threat To Human Security Nurhasanah, Siti; Napang, Marthen; Rohman, Syaiful
Journal of Strategic and Global Studies
Publisher : UI Scholars Hub

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December 2019 marks a change in the perception of security itself because the enemy is invisible in the form of a virus that can endanger human survival. In this article, the author wants to discuss changes in the perception of "threat" in security from a "visible" threat to an "invisible" threat. Library research was used by the author in this article. The author uses three concepts as the development of security, namely traditional security concept, non-traditional security concept, and national security concept to analyze the case. The findings show that invisible threat in the form of virus or pandemic does not need military readiness as in traditional security. It rather needs a good healthcare system as part of the national resilience of a country in facing threat.

Covid-19 As A Non-Traditional Threat To Human Security Nurhasanah, Siti; Napang, Marthen; Rohman, Syaiful
Journal of Strategic and Global Studies
Publisher : UI Scholars Hub

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

December 2019 marks a change in the perception of security itself because the enemy is invisible in the form of a virus that can endanger human survival. In this article, the author wants to discuss changes in the perception of "threat" in security from a "visible" threat to an "invisible" threat. Library research was used by the author in this article. The author uses three concepts as the development of security, namely traditional security concept, non-traditional security concept, and national security concept to analyze the case. The findings show that invisible threat in the form of virus or pandemic does not need military readiness as in traditional security. It rather needs a good healthcare system as part of the national resilience of a country in facing threat.

NATO AND RUSSIAN POLITICAL POLICY ON EASTERN EUROPE Napang, Marthen; Rohmann, Syaiful; Nurhasanah, Siti
Journal of Strategic and Global Studies
Publisher : UI Scholars Hub

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The growing centers of global power such as NATO, the European Union, China and India have different civilizational and cultural characteristics. Post-Soviet Russia is indeed in a relatively weak position in economic terms. Although Russia's relations with the European Union and the United States had improved after the Cold War, it did not have a significant impact on Russia's economic growth. In recent years Russia and other major powers have not only strengthened the economy and security related to the military, but have gone far beyond that to strengthen the country's influence. This is what makes the superpower countries compete in making policies that ultimately affect the world political and economic situation. This study examines Russian political policy towards NATO, Europe and Ukraine from the perspective of security and economic interests. The method used is qualitative by conducting an in-depth study of data obtained from the results of previous studies. The results of this study show that Russia, America and Europe through NATO occupy a strong position that has the ability to influence agreements and include the national interests of their country. Each country is trying to achieve their respective interests by making efforts to increase national power. National Power includes various elements, namely military power, economic and political power.

THE THREAT OF ECONOMIC RECESSION AND ITS IMPACT ON GLOBAL TERRORISM Anshori, Ahmad Bahrul; napang, marthen; Nurhasanah, Siti
Journal of Terrorism Studies Vol. 2, No. 1
Publisher : UI Scholars Hub

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World economic growth in 2020 is predicted to experience a recession as a result of the Covid-19 pandemic. One of the effects of the economic recession is the threat to global security stability, especially terrorism will flourish. This research aims to analyze the impact of the threat of the economic recession of 2020 on the development of a global terrorism network. The method used in this research is an explorative descriptive qualitative method using data collection techniques namely observation and literature study. The results of this study conclude that the potential for the economic recession of 2020 which threatens many countries in the world can be a determinant factor in strengthening the global terrorism network. For the Indonesian context, the Jamaah Islamiah (JI) group, which since the emergence of ISIS chose to become a sleeping cell, with the collapse of ISIS in mid-2019 and supported by economic recession conditions, will make JI freer to rebuild its organization. To anticipate the condition of the strengthening of the global terrorism network, the Indonesian government can make several efforts, including strengthening the cooperation of the government and the community to close the gaps of the possibility of terrorist groups opening a jihad front in Indonesia, because, with the death of al-Baghdadi, ISIS groups will almost certainly leave from the land of Syria and Iraq, and need another earth to serve as a new foothold for jihad. The government must also realize justice because terrorists often make the issue of injustice a medium for mobilizing global and regional terrorism networks. Also, the Indonesian government together with leaders and international organizations, including the United Nations (UN), should enhance intelligence cooperation by also involving the public and private sector.

India-Pakistan Dispute on Kashmir: Pakistan's Allegiance in the Effortsof "War on Terrorism" of the United States after the WTC 9/11 Attack Napang, Marthen; Nurhasanah, Siti; Rohman, Syaiful
Journal of Terrorism Studies Vol. 1, No. 2
Publisher : UI Scholars Hub

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When the Cold War took place, the Soviet Union took side on India. Consequently, the US made Pakistan as its ally. Then after the Cold War was over and allegedly Pakistan helped the Afghan terrorist forces, US turned to side with India. But it turns out it was only Indian trickery to get support from the US. After the 9/11 WTC attack, the US set priorities that fighting against terrorism was more important. The US sided to Pakistan and invited Pakistan to work together to fight against Afghan terrorists. In this discussion paper, the author will explore and analyze what kind of win-win cooperation that the US and Pakistan have. The author applies theory of neo-realism, concept of power, and concept of national interest to analyze the case.

NATO AND RUSSIAN POLITICAL POLICY ON EASTERN EUROPE Napang, Marthen; Rohmann, Syaiful; Nurhasanah, Siti
Journal of Strategic and Global Studies
Publisher : UI Scholars Hub

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

The growing centers of global power such as NATO, the European Union, China and India have different civilizational and cultural characteristics. Post-Soviet Russia is indeed in a relatively weak position in economic terms. Although Russia's relations with the European Union and the United States had improved after the Cold War, it did not have a significant impact on Russia's economic growth. In recent years Russia and other major powers have not only strengthened the economy and security related to the military, but have gone far beyond that to strengthen the country's influence. This is what makes the superpower countries compete in making policies that ultimately affect the world political and economic situation. This study examines Russian political policy towards NATO, Europe and Ukraine from the perspective of security and economic interests. The method used is qualitative by conducting an in-depth study of data obtained from the results of previous studies. The results of this study show that Russia, America and Europe through NATO occupy a strong position that has the ability to influence agreements and include the national interests of their country. Each country is trying to achieve their respective interests by making efforts to increase national power. National Power includes various elements, namely military power, economic and political power.

Dampak Sekuritisasi Konflik Laut Cina Selatan terhadap Keamanan Maritim Indonesia Sunoto, Suyud Puguh; Fahriani, Ade Aryanti; Napang, Marthen
Jurnal Kajian Stratejik Ketahanan Nasional Vol. 6, No. 2
Publisher : UI Scholars Hub

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This study delves into the impact of the securitization of the South China Sea conflict on Indonesia's maritime security, with a focus on the geopolitical challenges faced by the country. National security encompasses not only military aspects but also involves non-traditional threats such as territorial conflicts, economic security, and regional stability. Drawing upon the Copenhagen School of Security Studies, this research considers threats from a liberal perspective, identifying international relations practices that emphasize cooperation and peace. This paper discusses the securitization of the conflict in the South China Sea and its implications for Indonesia's maritime security. By analyzing securitization efforts, this paper identifies the challenges faced by Indonesia and strategies that can be applied to secure national maritime interests amidst regional tensions. The research methodology is descriptive with a qualitative and multidisciplinary approach, using literature review as a data collection technique. Data analysis encompasses Indonesia's national interests, particularly in the context of security, economy, and regional stability. The research findings reveal that the South China Sea conflict has serious implications for Indonesia's maritime security, such as increased defense budgets, trade uncertainty, and political stability. Additionally, Indonesia faces challenges in the form of threats from issues such as terrorism, piracy, illegal fishing, and transnational crime. To address these challenges, the research outlines Indonesia's maritime defense strategies, including diplomatic policies, military capability enhancement, and regional cooperation. Considering the impacts and challenges faced, this research provides crucial insights for policymakers to develop effective measures to safeguard maritime security and national sovereignty amidst the dynamics of global geopolitics.

JURIDICAL-NORMATIVE REVIEW OF THE DESIGNATION OF ARMED CRIMINAL GROUPS (KKB) IN PAPUA AS TERRORIST GROUPS Napang, Marthen; Rohman, Syaiful
Journal of Terrorism Studies Vol. 3, No. 2
Publisher : UI Scholars Hub

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There are differences of opinion among various groups after the stipulation of the Armed Criminal Group (KKB) in Papua as a terrorist group/organization. KKB has been identified with the West Papua National Liberation Army (TPNPB-OPM), which is one of the armed separatist movements in Papua. The determination based on armed violence carried out by the KKB has political, ideological, and security motives which are elements in the crime of terrorism. In the context of criminal law reform, the drafters of the Criminal Code separate criminal acts of terrorism and treason in different forms and concepts. Separately, they are categorized as special crimes and crimes against state security. By using the normative juridical method, the authors conclude that the determination of the KKB as a terrorist group/organization is the right policy of the Indonesian government. Based on the three motives above, the KKB can now be categorized as an ethnic-nationalist separatist terrorism group.

The Conference of Parties - 27 (COP-27) Agreement As an Instrument of State Policy in Handling Deforestation: A Comparative Study of Sweden and Indonesian Governments Mutawalli, Muhammad; Ayub, Zainal Amin; Maskun, Maskun; Napang, Marthen
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.52926

The climate crisis is a threat to countries in the world. One of the factors causing the climate crisis is deforestation. Indonesia as the third largest tropical forest country in the world certainly has an impact on the world's climate. Indonesia is a victim of deforestation, moreover reforestation of forest land does not match the rate of deforestation. This research is a normative legal study, using comparative, conceptual, and regulatory approaches. This study discusses the implementation of the Conference of Parties - 27 (COP-27 ) agreement as the basis for establishing policy instruments in Indonesia in dealing with deforestation and looks at Sweden as a comparison in handling deforestation through a policy instrument scheme. This study found that Sweden, through its green politics concept, was able to control the harvesting and utilization of forest products effectively. COP-27 has environmental control principles, one of which is the global net zero principle, namely the earth's temperature is no more than 1.5 degrees. it is hoped that the principles in COP-27 will guide the Indonesian government in making legal policy instruments for environmental management, especially handling deforestation. This research suggests that, like Sweden's green politics, Indonesia needs to present strategic policies through the Green Environmentally Concept policy through policy instruments, be it through laws and regulations, government regulations, or presidential regulations to the level of regional regulations.

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