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All Journal Journal of Indonesian Legal Studies Hasanuddin Law Review
Rusli, Mohd Hazmi Mohd
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Law, Crime, Criminology & Criminal Justice

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Conceptualizing Policy on Underwater Cultural Heritage: Towards Legal Protection and Ecotourism Promotion in Karimun Jawa, Indonesia Puspitawati, Dhiana; Fadli, Moh.; Lutfi, Mustafa; Anggoro, Syahriza Alkhoir; Rusli, Mohd Hazmi Mohd
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.68464

Abstract

Karimun Jawa Island is a promising maritime asset, enriched by abundant water resources in Central Java. However, the allure of this location poses a potential threat to the sustainable ecosystems of marine biota unless prompt government action is taken to safeguard its underwater cultural heritage. This research proposes a comprehensive policy design for legal protection and ecotourism development in Karimun Jawa, balancing economic considerations and environmental preservation. Employing a socio-legal methodology encompassing interviews, observation, and focus group discussions, the study identifies substantial challenges in managing underwater cultural heritage in Karimun Jawa. These challenges encompass over-exploitation, shipwreck theft, damage from trawlers, natural disasters, and plastic pollution. The research underscores the imperative for the government to formulate measures ensuring legal protection on international, national, and regional fronts. At the global level, immediate ratification of the Convention on the Protection of Underwater Cultural Heritage 2001 is recommended. Moreover, effective collaboration among stakeholders—central and regional governments, local communities, and maritime enterprises—is deemed crucial for sustainable, culturally informed policy formulation fostering responsible management, utilization, and protection of this unique marine heritage.
Legitimate Interest of Coastal States in Seabed Mining: Indonesia’s Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

Abstract

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.
Legitimate Interest of Coastal States in Seabed Mining: Indonesia's Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

Abstract

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.
Co-Authors Anggoro, Syahriza Alkhoir Dhiana Puspitawati Fadli, Moh. Mustafa Lutfi Susanto, Fransiska Ayulistya