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Regulatory and Institutional Approach in Tackling Marine Plastic Pollution: The Practice of Indonesia Puspitawati, Dhiana; Susanto, Fransiska A.; Kurniaty, Rika; Kurniawan, Andi; Nursasmita, Muhammad Akbar; Mohd Rusli, Mohd Hazmi
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p23-67

Abstract

Marine Plastic Pollution (MPP) is increasing at an alarming rate. It presses environmental crisis, posing significant threats to both marine ecosystem and biodiversity, as well as human health. While relevant international legal frameworks call for concerted global action, effective national law enforcement remains a crucial element in the fight against plastic waste. This research explores Indonesia’s practice in implementing existing international legal frameworks nationally to tackle MPP. Although Indonesia has made significant progress in establishing national laws that align with international legal frameworks, however, much remain to be done. This especially related to regulatory framework and law enforcement institutions. This paper highlights existing regulatory and institutional frameworks adopted by Indonesia and analyses key enforcement challenges faced by Indonesia in reducing MPP. It is argued that strengthening national enforcement mechanisms, fostering intergovernmental collaboration, and enhancing public-private partnerships are essential to curbing marine plastic pollution. Ultimately, the paper calls for a more robust, integrated approach that aligns national legal frameworks with global efforts to protect marine environments from further degradation.
Implementation approach in legal research Hamzani, Achmad Irwan; Widyastuti, Tiyas Vika; Khasanah, Nur; Mohd Rusli, Mohd Hazmi
International Journal of Advances in Applied Sciences Vol 13, No 2: June 2024
Publisher : Institute of Advanced Engineering and Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11591/ijaas.v13.i2.pp380-388

Abstract

The use of a research approach in legal research will determine the results. There are three categories of approaches in legal research. The normative approach is the most widely used. This research aims to examine how the approach should be implemented in legal research. This research uses a conceptual approach which is still within the scope of the normative approach. Research data was collected by searching articles published in 23 law journals. The results of this research show that the approach to legal research is the use of perspective in discussing legal issues. There are three legal research approaches, namely normative, empirical, and philosophical approaches with all their variants. The normative approach reviews legal problems from a positive law perspective. The empirical approach examines legal problems as a cultural reality. A philosophical approach examines legal problems from an ideal perspective. The approach to legal research should be applied according to the type of research, research data, and level of research. The normative approach is the most widely used. This is because law is mostly understood as a set of rules. Sequentially, of the 256 articles studied, 70% of legal research used a “normative approach”, 19% empirical, and 11% philosophical.
Unmanned Underwater Vehicles and the Normative Gaps of UNCLOS 1982: A Functional and Evolutionary Interpretation Puspitawati, Dhiana; Susanto, Fransiska A.; Mohd Rusli, Mohd Hazmi; Wardana, Rangga Vandy
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.33300

Abstract

The rapid development of unmanned underwater vehicles (UUVs) presents a significant interpretative challenge to the United Nations Convention on the Law of the Sea 1982 (UNCLOS), a treaty drafted for an era of manned maritime navigation. While UNCLOS regulates ships and warships in detail, it remains silent on autonomous underwater systems. This article addresses the central legal question of whether, and under what conditions, UUVs may be classified as ships or warships under the existing UNCLOS framework. The study adopts a doctrinal legal methodology based on functional interpretation and evolutionary treaty interpretation, informed by the Vienna Convention on the Law of Treaties and relevant state practice. Rather than treating technological novelty as a basis for exclusion, the analysis examines whether the functions performed by UUVs—such as navigation, military operations, and marine scientific research—allow their regulation within established UNCLOS categories. The article argues that the legal status of UUVs cannot be determined abstractly, but depends on their operational function and the maritime zone in which they operate. Normatively, the article clarifies the limits of interpretative adaptation under UNCLOS and highlights the risks of fragmented, interest-driven state practice. It concludes that functional and evolutionary interpretation can reduce legal uncertainty, but must be complemented by bilateral and regional cooperative frameworks, including codes of conduct, to ensure regulatory coherence.