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INDONESIA
Indonesian Journal of International Law
Published by Universitas Indonesia
ISSN : 16935594     EISSN : 23565527     DOI : https://doi.org/10.17304
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of international law in Indonesia and in the region. We welcome scholars and practitioners to contribute to IJIL in shaping the rule-based international community. IJIL offers current academic debates on the development of the field from the viewpoints of/or about Indonesia and other parts of Asia and the developing world at large. Each issue of IJIL accepts manuscripts on conceptual, theoretical, and practical topics published on a thematic basis. IJIL invites writers to their views that would strengthen the role and effectiveness of international law in an exploratory and non-descriptive style.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 572 Documents
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Law Enforcement at Indonesian Waters: Bakamla vs. Sea and Coast Guard Puspitawati, Dhiana; Hadiyantina, Shinta; Susanto, Fransisca Ayulistya; Apriyanti, Nurul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper aims to analyze Indonesian laws regarding law enforcement in Indonesian waters. Specifically, it analyzes the authority of Badan Keamanan Laut (BAKAMLA) and Indonesian Sea and Coast Guard under the Indonesian Act Number 32 the Year 2014 on the Ocean Affairs Act and Indonesian Act Number 17 the Year 2008 on Navigation Act, respectively. It is argued that the state’s sovereignty over the ocean differs from the state’s sovereignty over the land territory. This is because according to the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982), the state’s ocean territory is divided into various maritime zones, over which different regimes applied. It is submitted that the farther ocean space is from the land territory, the sovereignty of the coastal state is lessened. Thus, different treatment, especially concerning law enforcement is needed this paper recommends a model for law enforcement at sea, which considers different regimes over different maritime zones as provided within the UNCLOS 1982. It is submitted that while it is fine to have more than one institution having the authority of law enforcement at sea, the extent of such authorization should be clarified.
Law the Development of the 1982 UN Convention on the Law of the Sea: An Australian Perspective Letts, David
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Attempts to achieve a comprehensive codification of the law of the sea were eventually successful with the entry into force of the 1982 UN Convention on the Law of the Sea. Australia played a key role in the negotiations that led to the finalization of the 1982 Convention and this involvement has shaped the manner in which Australia has subsequently dealt with law of the sea issues. This paper reviews aspects of Australian practice as the 1982 Convention was being negotiated and then considers Australian state practice by examining three case studies that have particular significance for Australia and Indonesia: the Indonesian archipelagic sea lanes designation; the MV Tampa incident and the maritime boundary conciliation between Australia and Timor Leste. The paper concludes with some observations regarding how Australia’s approach to the law of the sea has evolved.
Law Enforcement over Fishery Activities in Contested EEZs Furuya, Kentaro
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Exclusive Economic Zone (EEZ) was introduced with the adoption of the United Nations Convention on the Law of the Sea. In the vast waters extending from the baselines to 200 nautical miles, the Convention allows coastal States to enjoy sovereign rights over―fishing resources but has created delimitation issues with neighboring States. Law enforcement is vital to maintain fishery order for sustainable utilization of resources in EEZs, even in the contested maritime zones. Therefore, in this paper, the mechanism of law enforcement in the complicated contested maritime zone is described, taking the Japan-China Fisheries Agreement as an example of a possible practical solution.
Maintaining Freedom of Navigation and Overflight in the Exclusive Economic Zone and on the High Seas Pedrozo, Pete
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Efforts to expand coastal State jurisdiction to include security jurisdiction in the EEZ were soundly rejected by a majority of the nations that participated in the UNCLOS negotiations The delegates present achieved consensus on provisions that accommodate the resource interests of the coastal State in the EEZ without diminishing user State interests in freedom of navigation and other internationally lawful uses of the sea in the zone. Continued efforts by some States to reinterpret the Convention to unilaterally and unlawfully advance their national interests in the EEZ impinge on traditional uses of the oceans by all States and are inconsistent with international law, long-standing state practice and the intent and negotiating history of UNCLOS. If these efforts succeed, the Convention will unravel over time and the international community will once again be plagued by a new wave of excessive maritime claims. Coastal State competency in the EEZ is strictly limited to resource rights, jurisdiction over resource-related offshore installations and structures, marine scientific research, and protection of the marine environment. Coastal States do not retain security jurisdiction in the EEZ, and may not regulate lawful military activities in the EEZ that are consistent with the UN Charter, UNCLOS, the Chicago Convention, and other relevant international law instruments. The creation of the EEZ was a package deal—coastal States were granted exclusive resource rights and user States retained the high seas freedoms of navigation and overflight, and other lawful uses of the seas associated with those freedoms, which have always applied beyond the territorial sea.
Celebrating the 25th Anniversary of UNCLOS Legal Perspective: The Natuna Case Agusman, Damos Dumoli; Fatihah, Citra Yuda Nur
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The 25th Anniversary of UNCLOS was commemorated in early February in Jakarta, just one month after the Chinese fishing vessels and coast guard entered the Indonesia’s EEZ and exploited its natural resources. From the Indonesian side, this China’s encounter has indeed violated the Indonesia’s sovereign rights over its EEZ as well as the breach of Indonesia’s sovereignty by undermining and intervening in Indonesia’s right under international law in exercising legal enforcement in its own jurisdiction. Moreover, the Indonesian government has consistently and persistently rejected the nine-dash line claims by sending official protests through diplomatic notes. The protest also exerts Indonesia’s firm and clear position that Indonesia is not a claimant state to either the sovereignty or territorial disputes in the South China Sea, and therefore will not engage in any negotiation. Furthermore, Indonesia would never recognize the nine-dash line claim since it does not have a legal basis recognized by international law. In contrast, the Indonesia’s sovereign rights are guaranteed by the UNCLOS, as the Indonesia’s EEZ had been acknowledged and registered under the UNCLOS. At the same time, Indonesia will be increasing the frequency of patrols in Natuna waters, and fisheries activities as it is Indonesia’s rights. This Article attempts to identify and describe the Writers’ views over the Natuna case from the legal perspective. The responses of the Indonesian government against the claim are also briefly discussed.
Transforming Landscapes: How ODR reshaping the prospect of dispute settlement in a connected world Ruslijanto, Patricia Audrey
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The existence of law and culture has bring significant forces to human life, since them both shaping and influencing the emergence of values and norms in communities and societies. The restless development of human history has forged law in dynamic relation with culture, resulted in changing laws, values and practices. Beyond politics, present life is also bringing fresh challenges for law and culture globally, such as: the increased use of technology in law and human life. One of the big leap issue is the changing in the culture of trade, which shifted to non-face-to face or e commerce, which offer easiness and practicality in conduct trade regardless the non-barrier border. Indeed, there is still a lack of effective legal regimes and processes capable to meet the needs of globalization. The increased possibilities to access information, to form online relationships, and to conclude online transactions have introduced a new dimension of legal conflicts, which is electronic disputes. Regarding this issue, the needs of effective dispute settlement, which is “fitting to the forum”, is necessary, and online dispute resolution (ODR) is the answer. Therefore this paper aims to find how ODR reshaping the prospect of dispute settlement and what obstacle may be faced by the implementation of ODR. The method use in this paper is juridical normative with conceptual approach, statute approach and comparative approach. The result of this paper show that ODR able to reshape the prospect of dispute settlement, since it may offer fairness by providing transparent system of negotiation, trust in content offer by ODR system and security develop in ODR system in the process of dispute settlement. Meanwhile, there are also obstacles that may face by ODR, which are technology issue and local culture issue, which means the acceptance of ODR practice in society, especially when applied to developing country.
Developing Joint Development Zone in Disputed Maritime Boundaries Aziz, Muhammad Faiz
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

As an archipelagic country, Indonesia has more maritime boundaries than land boundaries. There are 10 countries directly adjacent to Indonesia. Of those countries, Indonesia has just reached a few conclusive bilateral arrangements on maritime boundaries. Many unresolved and potential disputes are there that may arise in the future. Two ways have been used to negotiate Indonesia’s maritime boundaries: (1) bilateral talks that result in bilateral agreements and (2) dispute settlement through an international tribunal. However, for more than 50 years, these two methods have not optimally provided the expected result. In fact, the islands of Sipadan-Ligitan have been gone to Malaysia after Indonesia lost in the International Court of Justice. Creating a joint development zone will be good alternative mechanism proposed for the Indonesian government to resolve its dispute especially in an area that has natural resources. Indonesia once created a bilateral treaty on joint development zone with Australia on the Timor Gap and in fact, the treaty was considered a good example. Malaysia-Thailand and Malaysia-Vietnam are among the real examples in the implementation of joint development zones that still ongoing until today. Looking at the advantages and disadvantages of this zone, this alternative dispute resolution may be considered to provide the best solution for disputed countries. Moreover, this is supported by Article 74 paragraph 3 and Article 83 paragraph 3 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The creation of relevant and effective agreement, regulatory and institutional frameworks becomes the Indonesian government’s homework to optimize this mechanism.
Island and The Construction of a Maritime Boundary: Pushing The Limits of State Sovereignity Rouche, Isabelle
Indonesian Journal of International Law
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Abstract

Islands play a crucial role in fixing the limits of the States’ sovereignty over maritime spaces as they can considerably distort the final delimitation line. However, islands often give rise to controversy and most of the contentious cases have entailed major problems and divergence of views as the proper impact of islands on the construction of a boundary line. The maritime delimitation case law provides practitioners and States with a wide variety of scenario that deprives the law on this issue from transparency, coherence and predictability. The aim of this paper is to give a comprehensive approach of the influence of islands in the construction of a maritime boundary. Indeed, a thorough analysis of the case law, including the most recent, reveals that international judges or arbitrators have - rightly so - chosen a conservative approach, consisting in attributing a largely secondary role to these features. Interestingly, a categorization of the methods of adjustment of boundary lines can now be convincingly identified depending on their status (insular States, accessory islands, archipelagic islands, constitutive islands etc.).
Completing the Jigsaw: The Recent Development of the Maritime Boundaries in the Timor Sea Ramon, Adrianus Adityo Vito
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The research argues that recent events, including the independence of Timor-Leste and the positive outcome of the Timor-Leste – Australia compulsory conciliation proceeding have provided Indonesia with political as well as, potentially legal basis to strive for the negotiation of its maritime boundary in the vicinity of Timor Sea with Timor-Leste as well as to pursue for the renegotiation of the 1997 Perth Treaty between Indonesia and Australia (yet to be entered into force) as the area that being delimited by the said treaty currently encompassed the maritime area of Timor-Leste. The research furthermore argues that a similar condition had also occurred for the other coastal states in the vicinity of Timor Sea (Australia, and Timor-Leste). The series of events between the coastal states of Timor Sea have arguably provided those coastal states with a perfect and timely setting to strive for the conclusion of its maritime delimitation dispute and therefore completing the jigsaw of maritime boundaries in the Timor Sea.
Law, Borders and the Territorialisation of Cyberspace Tsaugourias, Nicholas
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article explores the relationship between law and more specifically international law with territory and borders and how this relationship manifests itself in cyberspace. It claims that it manifests itself through two processes: a process of territorialisation of cyberspace that is, the application of territorial notions of international law to persons, activities, and objects existing or operating in or through cyberspace and, secondly, in States asserting their sovereignty in cyberspace by creating national cyberspace zones. All in all, its main claim is that borders are still relevant in the legal regulation of cyberspace

Page 9 of 58 | Total Record : 572

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