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TINDAKAN USNS IMPECCABLE DALAM MELAKUKAN KEGIATAN DI 75 MIL SELATAN PULAU HAINAN Maya Ajeng Nur’Aini; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Marine scientific research collect all types of data carried out at sea such as oceanography, marine biology, and hydrography. Marine scientific research is carried out with the consent of the coastal state and is carried out for peaceful purposes. The research’s issues are whether the actions of the USNS ship conducting marine scientific research in 75 miles south of China's Hainan Island violated the 1982 KHL and whether the USNS ship's actions could be proven as military activity, namely reconnaissance at the Yulin Sea Base based on the 1982 KHL. This research conducted in normative methods and using data obtain through literature studies. The conclusion of this research is that the USNS Impeccable in its activities violated the 1982 KHL. The USNS Impeccable carried out its activities in 75 miles of China's Hainan Island which is an EEZ claimed by China. The USNS Impeccable ship did not give prior notification of its activities as stipulated in Article 58 of the 1982 KHL and its activities could be proven as military activities because it threatened China's sovereignty in its activities which also indicated reconnaissance of the Yulin Sea Base which violated article 301 of the 1982 KHL.

SENGKETA ZONA EKONOMI EKSKLUSIF INDONESIA DENGAN VIETNAM DI WILAYAH LAUT NATUNA UTARA Jessica Johanna Chirsty; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The dispute regarding the EEZ border area in the North Natuna Sea with Vietnam is one of the disputes that has been going on for a long time and has not been successfully resolved by forming a bilateral agreement. Unilateral claims made by Indonesia and Vietnam cannot be used as a basis for carrying out activities freely in disputed areas that experience overlap. The problems in this thesis are how to determine the EEZ boundary between Indonesia and Vietnam in the North Natuna Sea area based on the 1982 KHL and how are the efforts made by Indonesia in resolving the dispute over the EEZ boundary determination with Vietnam in the North Natuna Sea area. The research method used is normative legal research which uses secondary data and is supported by interview data with the Pushidrosal TNI AL. Data collection techniques were carried out through library research. The conclusion of this study is that the baseline method used by Indonesia is the archipelagic baseline and Vietnam is the straight baseline. Efforts to resolve the dispute by Indonesia and Vietnam are negotiating a bilateral agreement regarding the delimitation of the EEZ area in the North Natuna Sea.

MEKANISME PENYELESAIAN SENGKETA TUMPAHAN MINYAK DI LAUT BERDASARKAN HUKUM INTERNASIONAL Satrio Parikesit Kusumo Nugroho; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

There have been numerous leaks caused by oil spills in Indonesian territorial seas, but the Montara oil refinery leak and spill in the Timor Sea, which has been happening since 2009, is particularly significant and is currently being appealed. The way the issue is phrased what procedure is in place to settle claims involving international oil spills? Statements made about the oil spill in the Indonesian Timor Sea by the governments of Australia and Indonesia. According to the agreement, the study methodology is normative research on efforts to settle disputes about marine pollution. As of this writing, data processing is qualitative, and conclusions are drawn using deductive reasoning. The study's findings, analysis, and conclusion were used in the court case between Daniel Aristabulus Sanda and PTTEP Australasia (Ashmore Cartier) Pty Ltd, NSD Number 1245 of 2016, which Judge Yates J decided on March 19, 2021, at the Australian Federal Court in the State of New South Wales. It is ideal for Indonesia and Australia to come to a bilateral agreement that governs the way in which states are held accountable for marine contamination brought on by oil spills from offshore oil drilling operations.

UPAYA HUKUM TERHADAP ILLEGAL FISHING KAPAL PENANGKAP IKAN VIETNAM DI ZEEI Amandha Budhy Adhywidya; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16272

Indonesia is a coastal nation with a 3,000,000 km2 EEZ that is rich in both biological and non-biological resources. Vietnamese fisherman are among those who engage in illegal fishing within the EEZ, or more specifically within the North Natuna Sea. How do fishing zones in Indonesia's Exclusive Economic Zone (EEZ) get regulated by the government, and what legal measures is the Indonesian government taking to deal with Vietnamese fishing vessels engaging in unlawful fishing in the North Natuna Sea? The research uses deductive in character, descriptive in nature, uses secondary data sources, qualitative data analysis, and is based on library research. The study's findings showed that starting in May 2021 to February 2022 as many as 75 Vietnamese fishing vessels carried out illegal fishing in the North Natuna Sea. The discussion in this study describes efforts to settle the EEZ boundary between Indonesia and Vietnam in the North Natuna Sea region based on Indonesian national law and UNCLOS. The conclusion in this study is that the Government of Indonesia is obliged to hasten the completion of the EEZ boundary between Indonesia and Vietnam based on the applicable provisions and equip the Indonesian navy with advanced technology and/or more adequate weapons.

PENEGAKAN HUKUM TERHADAP KAPAL TANKER FREYA BERDASARKAN KONVENSI HUKUM LAUT 1982 Dhimas Prima Thufeil; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16822

Foreign ships have the right of innocent passage and the right of transit passage through the territorial waters of an archipelagic state. This is regulated in the 1982 Law of the Sea Convention. The foreign tanker MT Freya, entered the Indonesian EEZ, traded oil illegally and polluted the environment. The formulation of the problem in this thesis is whether the entry of MT Freya into Indonesia's EEZ in Batam waters is contrary to the 1982 Sea Law Convention and how to proceed with the law against foreign ships that do not comply with the 1982 Sea Law Convention. The research method used is normative legal research, data collection through literature studies, qualitative data analysis using deductive methods and secondary data collection. The results of the research, discussion, and conclusions are: the MT Freya tanker has violated the 1982 Law of the Sea Convention concerning innocent passage rights, transit passage rights, and also regarding dumping.

SENGKETA STATUS SILALA ANTARA BOLIVIA DAN CHILE BERDASARKAN UNWC 1997: Dispute on the Status of Silala Between Bolivia and Chile Based on UNWC 1997 Devina Nuzlia Balqis; Anto Ismu Budianto
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19641

Territorial disputes are border issues between countries that often occur internationally. As happened in the relationship between Bolivia and Chile regarding the dispute over the Silala River, the use of Silala waters began in 1906. Where the two countries were involved in disputes regarding the status and use of Silala. Bolivia emphasized that the Silala spring did not meet the requirements to be considered an international waterway due to the canalization and that Chile had to pay compensation. On the other hand, Chile claims Silala as an international waterway. With these overlapping claims, Silala disputes cannot avoided. This dispute was submitted to the International Court of Justice by Chile on June 6, 2016. This research examines the status of Silala based on UNWC 1997 and the efforts taken by the two countries in resolving the Silala waters dispute. This research is a normative legal research that was collected based on literature studies and analyzed qualitatively with deductive methods and using secondary data. From

TINDAKAN USNS IMPECCABLE DALAM MELAKUKAN KEGIATAN DI 75 MIL SELATAN PULAU HAINAN Maya Ajeng Nur’Aini; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13443

Marine scientific research collect all types of data carried out at sea such as oceanography, marine biology, and hydrography. Marine scientific research is carried out with the consent of the coastal state and is carried out for peaceful purposes. The research’s issues are whether the actions of the USNS ship conducting marine scientific research in 75 miles south of China's Hainan Island violated the 1982 KHL and whether the USNS ship's actions could be proven as military activity, namely reconnaissance at the Yulin Sea Base based on the 1982 KHL. This research conducted in normative methods and using data obtain through literature studies. The conclusion of this research is that the USNS Impeccable in its activities violated the 1982 KHL. The USNS Impeccable carried out its activities in 75 miles of China's Hainan Island which is an EEZ claimed by China. The USNS Impeccable ship did not give prior notification of its activities as stipulated in Article 58 of the 1982 KHL and its activities could be proven as military activities because it threatened China's sovereignty in its activities which also indicated reconnaissance of the Yulin Sea Base which violated article 301 of the 1982 KHL.

SENGKETA ZONA EKONOMI EKSKLUSIF INDONESIA DENGAN VIETNAM DI WILAYAH LAUT NATUNA UTARA Jessica Johanna Chirsty; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13854

The dispute regarding the EEZ border area in the North Natuna Sea with Vietnam is one of the disputes that has been going on for a long time and has not been successfully resolved by forming a bilateral agreement. Unilateral claims made by Indonesia and Vietnam cannot be used as a basis for carrying out activities freely in disputed areas that experience overlap. The problems in this thesis are how to determine the EEZ boundary between Indonesia and Vietnam in the North Natuna Sea area based on the 1982 KHL and how are the efforts made by Indonesia in resolving the dispute over the EEZ boundary determination with Vietnam in the North Natuna Sea area. The research method used is normative legal research which uses secondary data and is supported by interview data with the Pushidrosal TNI AL. Data collection techniques were carried out through library research. The conclusion of this study is that the baseline method used by Indonesia is the archipelagic baseline and Vietnam is the straight baseline. Efforts to resolve the dispute by Indonesia and Vietnam are negotiating a bilateral agreement regarding the delimitation of the EEZ area in the North Natuna Sea.

MEKANISME PENYELESAIAN SENGKETA TUMPAHAN MINYAK DI LAUT BERDASARKAN HUKUM INTERNASIONAL Satrio Parikesit Kusumo Nugroho; Anto Ismu Budianto
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15085

There have been numerous leaks caused by oil spills in Indonesian territorial seas, but the Montara oil refinery leak and spill in the Timor Sea, which has been happening since 2009, is particularly significant and is currently being appealed. The way the issue is phrased what procedure is in place to settle claims involving international oil spills? Statements made about the oil spill in the Indonesian Timor Sea by the governments of Australia and Indonesia. According to the agreement, the study methodology is normative research on efforts to settle disputes about marine pollution. As of this writing, data processing is qualitative, and conclusions are drawn using deductive reasoning. The study's findings, analysis, and conclusion were used in the court case between Daniel Aristabulus Sanda and PTTEP Australasia (Ashmore Cartier) Pty Ltd, NSD Number 1245 of 2016, which Judge Yates J decided on March 19, 2021, at the Australian Federal Court in the State of New South Wales. It is ideal for Indonesia and Australia to come to a bilateral agreement that governs the way in which states are held accountable for marine contamination brought on by oil spills from offshore oil drilling operations.

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