Jurnal Ius Constituendum
Vol. 11 No. 2 (2026): JUNE

State Sovereignty and Statelessness: Protecting the Bajau Laut in Southeast Asia

Dian Purwaningrum Soemitro (Pancasila University)
Karunia Langit Bening (Pancasila University)
Ali Asghor Alugoro (Pancasila University)
Shafiyah Rahmah (Pancasila University)
Muhammad Fazra Rahadian Tjahjanto (Pancasila University)



Article Info

Publish Date
27 Mar 2026

Abstract

This article examines the normative tension between state sovereignty and international legal obligations in addressing statelessness among the Bajau Laut in Southeast Asia. Employing a normative juridical method with a comparative approach, the study analyses legal frameworks and practices in Indonesia, Malaysia, and the Philippines concerning nationality, civil registration, and the protection of maritime nomadic communities. The findings reveal that state responses remain fragmented and predominantly driven by security and migration control considerations, resulting in inconsistent and often inadequate protection for the Bajau Laut, particularly in maritime border areas. Furthermore, domestic legal regimes in the three countries are only partially aligned with international standards on statelessness and the protection of indigenous peoples, leading to persistent legal invisibility and limited access to basic rights. This article contributes to the literature by proposing a regional cooperative legal framework that integrates nationality law harmonisation, adaptive civil registration mechanisms, and cross-border administrative coordination. Such a framework aims to enhance access to nationality and fundamental services for the Bajau Laut while maintaining respect for state sovereignty and reinforcing compliance with international human rights obligations.

Copyrights © 2026






Journal Info

Abbrev

jic

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with ...