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All Journal Soedirman Law Review Jurnal Hukum dan Pendidikan Kewarganegaraan
Furqon, Arimbi Fajari
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Prinsip Effectivites Penentuan Kedaulatan atas Pulau dalam ICJ Judgment on Land and Maritime Delimitation and Sovereignty over Islands (Gabon/Equatorial Guinea) Basri, Muhammad Aswar; Furqon, Arimbi Fajari
Soedirman Law Review Vol 7, No 3 (2025)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.slr.2025.7.3.16121

Abstract

Disputes concerning sovereignty over territory frequently arise before the International Court of Justice (ICJ), often involving diverse forms and historical backgrounds. In the context of sovereignty disputes over islands, the ICJ has applied the principle of effectivités as a significant factual criterion in determining sovereignty. This principle was notably applied in the case of Land and Maritime Delimitation and Sovereignty Over Islands (Gabon/Equatorial Guinea), decided by the Court on 19 May 2025. The dispute concerned Equatorial Guinea’s claim over several small islands adjacent to Gabon. Against this background, this article examines: (1) the concept and legal status of the principle of effectivités in international law, and (2) its application in the aforementioned case. From a normative legal perspective, this article identifies and explains the principle of effectivités as a basis for determining sovereignty over the disputed islands. In international law, the principle requires that a state demonstrate effective control and administration over a territory and its population in order to be recognized as sovereign. In the case at hand, the Court considered that Equatorial Guinea had undertaken measures indicative of occupation of the islands. These measures included political actions, such as issuing a decree and communicating it to the UN Secretary-General in 1970 without objection, as well as technical acts. It must be tangibly manifested, for instance, through the construction of infrastructure, thereby demonstrating a state’s commitment to maintaining sovereignty. Such practice may serve as a useful reference for Indonesia, as an archipelagic state, in safeguarding its own territorial sovereignty.
Perompakan Di Selat Internasional (Environmental Issue): Tanggungjawab Negara Dalam Mengatasi Masalah Keamanan Di Lingkungan Perairan Selat Malaka Aldiansyah, Muhammad; Dwi Putra, Wahyu Abi; Al Baihaqi, Yasser; Darmawan, Muhammad Raihan; Septaria, Ema; Furqon, Arimbi Fajari
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study explores the dynamics in the international maritime law system related to the handling of security cases in the Malacca Strait. Guides the reader through a journey from a general view to a focus on the core issues and opportunities in the international maritime law system related to the handling of security cases in the Malacca Strait. The pyramid begins with a broad context of what the problems are in the Malacca Strait, highlighting the importance of an effective response from the maritime law system of each country around the strait. This understanding opens a window into the complexity of the challenges faced by the authorities. The pyramid then tapers to how the role of countries around the strait to maintain the security of the Malacca Strait. An in-depth analysis of existing laws highlights the imprecise definition, a major limitation in dealing with the increasingly complex problems of the Malacca Strait. This study serves as a guide to understanding, identifying, and responding to issues and opportunities in the international maritime law system related to the security of the Malacca Strait. By detailing the obstacles and providing concrete solutions, this study is expected to be the basis for more adaptive and effective legal reform in an era that continues to evolve.
Co-Authors Al Baihaqi, Yasser Aldiansyah, Muhammad Basri, Muhammad Aswar Darmawan, Muhammad Raihan Dwi Putra, Wahyu Abi Septaria, Ema