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All Journal Indonesian Journal of International Law
Yoga, Pornomo Rovan Astri
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Reinterpreting the Normal Mode of Submarine in Archipelagic Sea Lane Passage Yoga, Pornomo Rovan Astri; Alverdian, Indra
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Today, many experts of maritime powers take it for granted that a foreign submarine has the right of submerged passage in an archipelagic sea lane. By using the 1969 Vienna Convention on the Law of Treaties (VCLT) as a tool of interpretation, this paper tries to decipher whether a submerged passage is permissible or not in archipelagic sea lane passage. This paper found that the submerging in an archipelagic sea lane passage is not a generally accepted interpretation of “normal mode” in Article 53 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The writers discovered on one hand, the result of the travaux preparatoir means of interpretation appears to be in favor of the submerged passage being included within the meaning of “normal mode”. The textual interpretation, on the other hand, emphasizes the exclusion of submerged passage from both transit passage and archipelagic sea lane passage. In the case of an archipelagic sea lane passage, the exclusion of submerged passage weighs more than the transit passage. Therefore, based on VCLT 1969, which says that the textual interpretation takes precedence over the interpretation of travaux préparatoires, the submerged passage is not a widely accepted interpretation.
The Need for the Enactment of Prize Law Legislation in Indonesia Yoga, Pornomo Rovan Astri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is a peace-loving nation. However, maintaining independence is more precious than maintaining peace. Therefore, Indonesia will always be ready to maintain its independence at any cost, including war. Indonesia claims itself as a maritime nation. All of those facts disregard the point that Indonesia lacks legislation regarding the law of naval warfare. This is particularly true in the case of the prize law. There are no single laws, statutes, or even procedures that govern the prize law in times of armed conflict at sea. The practice of the prize law has also been lacking since Indonesia’s independence in 1945. Even though the prize law is an old body of law, its applicability is still likely in the future’s armed conflict at sea. For this body of law to be applicable, many variables need to be discussed, especially regarding the relations between Indonesia’s domestic law and international law. The need for the accession of international treaties related to the prize law is also an important subject matter. This article found that the non-existence of the prize law means that there is a big gap in the law that needs to be filled.
Co-Authors Alverdian, Indra