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All Journal LAW REFORM Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Indonesian Journal of International Law
Salawati Mat Basir, Salawati Mat
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Law, Crime, Criminology & Criminal Justice Social Sciences

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SUSTAINABLE DEVELOPMENT IN MALAYSIA: THE WAY FORWARD AND CHALLENGES IN THE MODERN ERA Basir, Salawati Mat
Brawijaya Law Journal Vol 1, No 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.01

Abstract

ABSTRACT The 1992 United Nations Conference on Environment and Development or “Earth Summit” that was held in Rio de Janeiro, Brazil had established Agenda 21 which contain the blueprint for sustainability in the 21st century. Malaysia, in achieving the 21 Agenda had formulated initiatives and efforts to achieve the objective of sustainable development in all aspects, particularly social, economy and environment. This research analysed steps and efforts taken by government to achieve target of Vision 2020 to be a fully developed nation in terms of economy, social justice, political stability, quality of life and social values. Other than that, this research analysed the challenges and dilemma faced by Malaysia that can hinder Malaysia to achieve the sustainable development holistically and recommendations to overcome this challenges and dilemma.  Keywords: Sustainable development, Malaysia, Agenda 21, challenges.   
Irregular Migrations in Southeast Asia: Challenges for Protection and Migration Basir, Salawati Mat
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (943.251 KB)

Abstract

The region of Southeast Asia is extremely diverse in terms of culture, language, ethnicity, economic development, forms of government and degrees of political freedom. Migration of all types has played and continues to play a crucial role in the political economy of the region and is central to the contemporary economies of all of the states within it. In terms of protection and migration policy analyses, Southeast Asia is often folded into the larger ‘regions’ of Asia, the Asia-Pacific, or a hybrid sub-region consisting of East and Southeast Asia, depending on the type of migration, and the policy issues under consideration Given the diversity of migration dynamics in Southeast Asia that could be considered within this paper, this article focus primarily on challenges for protection and policies concerning irregular migration, both because of the growing economic importance and political impact of irregular migration.
Undelimited Maritime Areas: Obligations of States Under Article 74(3) and 83(3) of UNCLOS Basir, Salawati Mat; Abd Aziz, Saidatul Nadia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (482.801 KB)

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The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) provides for the delimitation of the territorial sea, the continental shelf and the economic exclusive zone. However, maritime delimitation disputes reveal that these provisions hardly occupy the central place they are expected to. This paper examines the issue of undelimited maritime areas where involved the Article 74(3) and Article 83(3) of UNCLOS and of vital importance in that it provides for stable and long-lasting relations among States.
Forming International Instrument Through One Health Approach for Health Justice M Riadhussyah; Aisyah Wardatul Jannah; Basir, Salawati Mat; Subarkah, Alwafi Ridho
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1246

Abstract

Covid-19 is the proof that human health depends on animal and environmental health, these objects have interlinked with each other and provide impact to each other. Therefore, since international instruments have been formed, it will need the approach which is able to present these objects as the concerns to reach the global understanding on how to deal with pandemic situations, this is introduced through the one health approach for health justice, because disparities in COVID-19 infections, disease outcomes, and access to healthcare were stark and linked not only to health care system discrimination and inequality, but also to inequity throughout society. The purpose of this research is to discuss the importance of one health for health justice as the concept and approach to form international instruments. The method of this research uses qualitative methods and uses normative legal research or library research includes research on legal principles and this presents indirect data through scientific articles and books of the library conducted and supported with secondary and tertiary data. The discussion illustrates that one health as the approach which recognizes human, health and environment have bound each other and interlinked. Therefore, this approach will introduce the integration of interdisciplinary and cross-sectoral cooperation such as health diplomacy as a forum for negotiation between various states. In the end it shows that everyone may play an important role as the actor to promote the health of the populace in the future, one health concern will focus on zoonotic diseases, antimicrobial resistance, and food security for the future pandemic treaty. Health diplomacy through WHO can make a forum for International Health Regulations (IHR) requiring countries to designate a National IHR Focal Point.
The Implication of Sea-level Rise Toward the Small Island Nation of Maldives: Legal Perspective Hananto, Pulung Widhi Hari; Trihastuti, Nanik; Basir, Salawati Mat; Prananda, Rahandy Rizki; Rizki, Dzulfiki Muhammad
LAW REFORM Vol 18, No 2 (2022)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (46.385 KB) | DOI: 10.14710/lr.v18i2.44698

Abstract

Climate change has always been a major issue and a long discussion in the international community. One of the tangible manifestations of climate change is rising sea levels. Sea level rise also has a significant impact on small island countries or micro-countries which are geographically small and have very low land elevations. The impact of sea level rise will pose a threat that is quite dangerous for the existence of a small island nation like the Maldives. This article applies normative legal research methods using a conceptual approach, cases and regulations. This study aims to examine the implications of sea level rise on the Maldives perspective and provide options in the form of legal construction to solve this problem. This research  found that The UNCLOS does not provide explicit reference against the sea-level rise effected by climate change. However, International community have been making progress to address this issue with a numbers of conferences. This study suggest that The Maldives government should have maximized the implementation of its laws and regulation to mitigate air space pollution coming from GHG Emission. The consistency of its  implementation is the important key to mitigate the impact of this sea level rises.
De-centrality of ASEAN Law to Address US-China Rivalry in the South China Sea Basir, Salawati Mat; Abd Aziz, Saidatul Nadia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Evolving Southeast Asian geopolitics offer opportunities and risks. Central to the global East-West sea route of communication and rich in land and sea resources, this region has been a geopolitical hub since ancient times. The key question is whether China's strategic actions weaken US-ASEAN relations and has an impact on regional powers. This highlights the Association of Southeast Asian Nations’ (ASEAN) importance in regional stability. This study employs qualitative research that collected data through descriptive, analytical, and case studies. ASEAN is facing challenges in effectively handling the rivalry in the Indo-Pacific area. It also has the capability to manage uncertainty within the area. Nevertheless, the “power dilemma”, particularly when significant powers want to alter the circumstances, is unavoidable. The South China Sea Arbitration altered the dynamics of territorial sovereignty. Failure to resolve the territorial dispute may jeopardize the cohesion of ASEAN and have repercussions for all its member states. ASEAN law or legal mechanism, namely ARF, ADMM, Declaration of Conduct, Code of Conduct and UNCLOS faces challenges due to a lack of coherence and a central guiding principle. It is inevitable that influential forces will meddle in regional affairs. These findings imply that ASEAN's law role in integrating Southeast Asian nations and establishing positive international cooperation and strategic partnerships is vital for successfully balancing disruptive forces. ASEAN deploys hedging and enmeshment methods to ensure dynamic alignment possibilities and make strategic adjustments easier when opposing big powers maneuver. Relevant analysis strongly suggests that ASEAN, a regional stability instrument, can influence Sino-US competitiveness.
Co-Authors Abd Aziz, Saidatul Nadia Aisyah Wardatul Jannah Hananto, Pulung Widhi Hari M Riadhussyah Nanik Trihastuti Prananda, Rahandy Rizki Rizki, Dzulfiki Muhammad Subarkah, Alwafi Ridho