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Artificial Intelligence in Indo-Pacific Putro, Yaries Mahardika; Tarigan, Muhammad Insan; Al Asyari, Haekal
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43449

The use of Artificial Intelligence in the military is like two sides of a coin. It can provide convenience and aid in military operations but has the potential to hinder military operations. Dangerous and potentially catastrophic for humanity will be inevitable as no restrictions on its use. The United States, China, Australia, Japan, and India are examples of nations whose militaries have developed artificial intelligence technology. Geographically, Southeast Asia, which is located in the middle of these nations, will experience a significant impact due to its tight maritime borders if there is no international consensus on the military application of artificial intelligence technology. An autonomous or autonomous system to operate this technology will reduce the amount of human control and allow it to operate without any human intervention. It will be a threat to the application of the fundamental principles of international humanitarian law, such as the distinction principle, and proportionality principle. Where these principles are tightly intertwined with human command and control in making decisions regarding the execution of attacks. The article employs normative legal methodology. Furthermore, this paper endeavours to assess the pertinence of principles in international humanitarian law during the era of the artificial intelligence arms race. It also delves into the contribution of ASEAN in upholding stability, peace, and security in the Southeast Asia region, thereby reinforcing the importance of this research. This research emphasises the importance of aligning the progress of artificial intelligence in military contexts with core principles of international humanitarian law. It underscores the need for ASEAN to safeguard regional peace and security by establishing a novel regulatory framework that outlines restrictions on the development and deployment of artificial intelligence for military objectives.Keywords: Artificial Intelligence, International Law, Peace and Security, Southeast Asia.

Strong Sustainability and Ocean Justice: Fostering Coastal Community Well-Being in Indonesia Tarigan, Muhammad Insan; Ferdinanto, Tonny
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.5

Poverty and environmental issues are interconnected and entangled in complex human-environment relationships. Poor people often degrade the environment to meet present needs at the expense of their future benefits. Conversely, environmental degradation exacerbates poverty by deteriorating livelihoods, income, and health. This nexus is prevalent in coastal communities’ interactions with coastal and ocean ecosystems. The severe environmental degradation of coastal habitats and oceans endangers coastal communities whose livelihoods depend on marine ecosystem services. Millions of people depend directly on marine resources as their main source of food and income. Indonesia has the second-largest coastline in the world, stretching approximately 81,000 kilometres. Unfortunately, the threat to the sustainability of marine biodiversity is getting more complex. Strengthening the capacity of coastal communities as key actors in managing and protecting coastal sustainability can ensure their well-being. This article identifies and proposes a robust regulatory framework for ocean justice in Indonesia’s coastal regions. A conceptual approach is employed to achieve this goal, with a review of pertinent legal literature and documents. In addition, the critical legal studies method will be utilised to identify potential areas for improvement. It can be argued that Indonesia has yet to achieve the robust sustainability level currently being sought. The concept of strong sustainability is grounded in two fundamental moral principles: environmental ethics and distributive justice. The legal apparatus governing ocean management must be modified to address evolving governance challenges. Although robust sustainability is not the sole determining factor of community well-being, the institutionalisation of ocean justice has the potential to facilitate the actualisation of community well-being in Indonesia's coastal regions.

Manifesting the Spirit of “Gotong-Royong” between State Institutions in Maritime Security: As an Effort to Regulate and Enforce Law in Indonesia Tarigan, Muhammad Insan; Hafandi, Raisha; Hakim, Dani Amran
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v5i1.25938

Maritime security is a major problem in Indonesia, with issues including maritime delimitation, IUU Fishing, piracy and robbery, and terrorism at sea. Nevertheless, the state’s maritime security system continues to face challenges with overlapping authority, competing sectoral interests, and conflicting laws and regulations. Moreover, it is important to be aware of the phenomenon of the fading value of gotong-royong as the essence of Pancasila contained in the preamble of the 1945 Constitution of the Republic of Indonesia. This investigation seeks to scrutinize the spirit of gotong-royong in the regulations as well as institutions of marine security guards as an attempt to negotiate the overlapping authorities and the intersection of laws and regulations of each authority. This research was conducted using juridical-normative method through literature study and conceptual approach. The concept of gotong-royong has not been fully embraced by maritime security authorities in Indonesia. It manifests itself through jurisdictional overlaps, sector egos, lack of clear coordination, and fragmentation among various agencies charged with enforcing maritime security. This study contends using the spirit of “gotong royong” and the empowerment of coastal people can enhance a maritime safety framework in Indonesia. This can be achieved through regional and global cooperation with partner countries to dispel potential threats to regional seas. Additionally, the capacity of coastal communities can be strengthened through the state defense program to contribute to maintaining maritime security in Indonesia. The Constitution of the Republic of Indonesia stipulates that all citizens have a mandatory obligation to engage in state defense.

STRENGTHENING INTERNATIONAL LAW AS A GUARANTEE FOR HIGH SEAS FISHERIES CONSERVATION Tarigan, Muhammad Insan; Tirtamulia, Tjondro
Bina Hukum Lingkungan Vol. 4 No. 2 (2020): Bina Hukum Lingkungan, Volume 4, Nomor 2, April 2020
Publisher : Asosiasi Pembina Hukum Lingkungan Indonesia (PHLI)

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High seas is one of the ocean areas beyond of national jurisdiction. The implication of that definition made high seas turn into a free access to all states. One of freedom of high seas had known of yore is freedom of fishing, as if high seas fishery is inexhaustible. However, technological advances in fishing gear and people demand towards ocean fish causing overfishing and Illegal, Unreported, and Unregulated (IUU) Fishing are unavoided. Living resources and the environment of the high seas are more susceptible due to weak regulation on the UNCLOS 1982 which are cooperation for conservation and no restriction on exploitation. With that regard, international law-making concerning management and conservation concept based on the high seas fisheries sustainability need to be done. This article was written by normative research conducted with library studies by maximizing data in any journals and books. The concept of Marine Protected Areas (MPAs) and the establishment of Conservation Zone in the high seas is considered to have potential for fisheries management development that guarantee the sustainability of diversity high seas fisheries.

STRENGTHENING INTERNATIONAL LAW AS A GUARANTEE FOR HIGH SEAS FISHERIES CONSERVATION Tarigan, Muhammad Insan; Tirtamulia, Tjondro
Bina Hukum Lingkungan Vol. 4 No. 2 (2020): Bina Hukum Lingkungan, Volume 4, Nomor 2, April 2020
Publisher : Asosiasi Pembina Hukum Lingkungan Indonesia (PHLI)

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

High seas is one of the ocean areas beyond of national jurisdiction. The implication of that definition made high seas turn into a free access to all states. One of freedom of high seas had known of yore is freedom of fishing, as if high seas fishery is inexhaustible. However, technological advances in fishing gear and people demand towards ocean fish causing overfishing and Illegal, Unreported, and Unregulated (IUU) Fishing are unavoided. Living resources and the environment of the high seas are more susceptible due to weak regulation on the UNCLOS 1982 which are cooperation for conservation and no restriction on exploitation. With that regard, international law-making concerning management and conservation concept based on the high seas fisheries sustainability need to be done. This article was written by normative research conducted with library studies by maximizing data in any journals and books. The concept of Marine Protected Areas (MPAs) and the establishment of Conservation Zone in the high seas is considered to have potential for fisheries management development that guarantee the sustainability of diversity high seas fisheries.

Law diversities for climate change: legal pluralism and climate governance in Indonesia Tarigan, Muhammad Insan; Hafandi, Raisha
Otoritas : Jurnal Ilmu Pemerintahan Vol. 14 No. 3 (2024): (December 2024)
Publisher : Department of Government Studies, Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/ojip.v14i3.15845

This study explores global governance dynamics affecting climate change governance in Indonesia, focusing on legal pluralism as a framework for integrating state law, customary law and Islamic law. Considering the context of legal diversity, this study investigates the emergence of models of climate change governance approaches in Indonesia after the 2015 Paris Agreement, specifically examining the consequences of climate change governance on legal mechanisms related to the climate crisis in Indonesia. The study then specifically analyzes ocean-based solutions, highlighting the importance of a focused concentration on climate change governance and legal frameworks in Indonesia. The process of formulating regulations in Indonesia is mainly top-down and neglects to consider the socio-economic rules of the society. As a result, the role of communities at the grassroots level or other social groups is not represented. Therefore, the formulation of Indonesia's NDC policy documents, especially those related to the forest and land use (FOLU) sector, is recommended to increase the inclusiveness of local communities, local governments, and non-governmental organizations. The current paradigm of legal pluralism has the opportunity to improve climate change governance in Indonesia. Climate change policies through international law can be integrated into state law, customary law, and Islamic law in Indonesia in a harmonious way.

Legal Instruments on Marine Plastic Litter in the EU and ASEAN Tarigan, Muhammad Insan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Marine plastic litter represents a transboundary and oceanic health concern that has emerged as a collective responsibility of all countries. Consequently, all countries, including regional member states, must collaborate to assume an active role in developing solutions to this challenge. Regional agreements play a pivotal role in facilitating the implementation of policies and initiatives. However, there is currently no comprehensive global treaty in place to address the issue of marine litter and plastic pollution. With regard to the European Union, the European Commission has adopted a legislative framework with the objective of reducing the pollution of the marine environment caused by plastic. Furthermore, ASEAN Member States have expressed concern regarding marine plastic pollution and have continued to enhance their comprehension of the pertinent issues. Nevertheless, the current legal instruments employed to combat plastic waste in the Southeast Asia region are not legally binding. This paper therefore focuses on exploring the ASEAN approach to marine plastic debris based on ASEAN legislative and policy documents. Regional policies tend to adopt a holistic approach to the problem, focusing on the causal stages of the plastic waste emergency. However, binding regional policies in the EU are more targeted. This paper compares the strategies adopted by ASEAN and the policies adopted by the EU to address marine plastic debris. Therefore, every chairman of ASEAN must be a consistent advocate for the resolution of the marine plastic debris problem in Southeast Asia.

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