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Faculty of Law, Universitas Negeri Semarang Law Journals Development Unit, Faculty of Law UNNES (Gugus Pengembang Jurnal FH UNNES) K1 Building, 1st Floor, UNNES Sekaran, Gunungpati Semarang, Indonesia 50229
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International Law Discourse in Southeast Asia
Published by Universitas Negeri Semarang
ISSN : 28300297     EISSN : 28299655     DOI : https://doi.org/10.15294/ildisea
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
International Law Discourse in Southeast Asia (ISSN Online 2829-9655 ISSN Print: 2830-0297) is an open access double blind peer reviewed journal published by Faculty of Law Universitas Negeri Semarang and managed by Southeast Asian Studies Center Faculty of Law Universitas Negeri Semarang, Indonesia. The Journal is committed to providing a scientific forum and discourse for legal practitioners, academics, researchers, and students on the issue of international law generally while attempting to present discourses and viewpoints from and/or about Indonesia, Southeast Asia, and other parts of Asia and the developing world at large. Combining various thematic coverage, the Journal aims to present current practice, discourse, and its theoretical reflection within the different branches of international law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 39 Documents
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General Review of Legal Relations and Responsibility of Carriers in Sea Transportation Maulinasari, Leyla
International Law Discourse in Southeast Asia Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.56868

Abstract

The issues raised in this journal are about how the responsibility of the carrier in the implementation of the transport of goods through water transport, especially sea transportation. This is intended to determine the role that must be done by the carrier in the transportation process in order to achieve the maximum goal. This study also describes how the legal relationship between the carrier and the user of the freight service so that both parties can bind each other in the process of transportation so that there is no loss or other undesirable things. It can be deduced that in a transport of goods carried by the carrier through water transport is the responsibility of the carrier if someday there is a loss or bad things during the transportation process. Therefore, it is necessary full sense of responsibility from the carrier and also the legal relationship between the carrier and the user of the transport service to ensure the safety of the goods he was transporting until the goods arrived at the destination. There should also be a loss if an accident is found on the goods being transported.
Legal Personality of ASEAN as the Subject of International Law: Contemporary Developments Satesna, Dhezya Pandu
International Law Discourse in Southeast Asia Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.56871

Abstract

The Organization of Southeast Asian Nations (ASEAN) has unique characteristics, apart from the legal systems in Southeast Asian countries that are different from one another, but also have different historical aspects. If ASEAN is compared to the European Union, which has the same legal vision, characteristics of society, and even a uniform financial system, ASEAN does not yet have this uniformity. This study aims to identify the legal personality for ASEAN as a subject of international law. This study looks at various theories and concepts regarding international organizations as subjects of international law. This study confirms that the basis for ASEAN legal personality as a subject of international law can be seen in the ASEAN Charter, however, this form of legal personality is still limited.
International Refugees in The Protection of Human Rights: A Discourse of International Humanitarian Law and Human Rights Law Supriyadi, Slamet
International Law Discourse in Southeast Asia Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.56872

Abstract

Refugees are defined as people who are due to a reasonable fear of persecution, caused by reasons of race, religion, nationality, membership in certain social groups and political parties, are outside their nationality and do not want protection from the country. When refugees leave their home country or residence, they leave their lives, homes, possessions and family. The refugees cannot be protected by their home country because they are forced to leave their country. Therefore, protection and assistance to them is the responsibility of the international community. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriated by force, those lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance Convention related to Status of Refugee 1951 and The Protocol related to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non refoulement), the right to seek asylum, the right to obtain equality and non-discrimination, the right to live and to be secured, as well as the right to return home.
Analysis of the Palestinian and Israeli Conflict in the Perspective of International Humanitarian Law Mahwati, Tri; Nanda, Ana Risma
International Law Discourse in Southeast Asia Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.56873

Abstract

The conflict between Israel and Palestine to this day continues. Many studies even reveal that the conflict between Israel and Palestine is not only related to religious ideology and belief but also related to legal aspects, especially international law. This study aims to analyze the Israeli-Palestinian conflict from the point of view of International Humanitarian Law. This study finds and confirms that International Humanitarian Law can be used optimally in providing protection for civilians in times of armed conflict. However, several other related studies found that there were many violations of human rights in Palestine by the Israeli army, especially against civilians. This of course violates basic conventions on human rights and other rules of international law.
Cyber Espionage in National and Global Perspective: How Indonesia Deal with this issue? Dewi, Maharani Chandra
International Law Discourse in Southeast Asia Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.56874

Abstract

Cyber Crime is the most frightening crime in today's technological developments. Attacks that do not know the target and time for a particular purpose. The privacy of a person or institution can be threatened by cyber crime. Mobile technology and supported by adequate communication network facilities turn a positive image into a dilemma. Someone should in dealing with it keep thinking positive. Increasing self-awareness and acting ethically will not result in something fatal. Any excessive action can backfire. Increasing knowledge in the use of technology is very necessary. Mobilization that is too widespread makes it easier to access information. Cyber crime will not happen if we do not do strange and disturbing things.
How International Treaties Binding for Domestic Law? A Book Review “Treaties Under Indonesian Law: A Comparative Study” Dr. iur. Damos Dumoli Agusman, PT Remaja Rosda Karya, Bandung, 2014, ISBN 978-979-692-597-1, 554 Pages. Priyambodo, Muhammad
International Law Discourse in Southeast Asia Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.56886

Abstract

International treaties have unique characteristics, especially when faced with the question of how an international treaty applies in a country. The book "Treaties Under Indonesian law: A Comparative Study" written by Dr. iur. Damos Dumoli Agusman is one of the reference books in understanding how international treaties apply domestically in the context of Indonesian law.
Framework for the Implementation of the UN Guiding Principles on Business and Human Rights for the Protection of Women's Rights in Business Activities in Indonesia Khasbullah, Nurul Fatimah
International Law Discourse in Southeast Asia Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.58363

Abstract

The UN Guiding Principles on Business and Human Rights (UNGPs) is adopted as the first international instrument that provides answer to the long debate on whether or not a business has human rights responsibilities. Although the state and business have different responsibilities towards the fulfillment of human rights in business activities, the UNGPs emphasizes the urgency of a gender dimension for all stakeholders in implementing its principles. The purpose of this study is to describe the responsibilities of business actors in implementing the gender dimensions of the UNGPs and to examine its application in Indonesia. The research uses a normative juridical method with a descriptive analytical and statue approach. The result of the study shows that the adoption of the UNGPs has been carried out in Indonesia through the National Action Plan for Human Rights with women as one of the focus groups. However, the implementation has not comprehensively complied with the overall gender perspective in the UNGPs principles.
International Committee of Red Cross versus International Red Crescent: The Recent Practices as Subject International Law Arifin, Ridwan; Zulfa, Zaeda; Saraswati, Dhanny
International Law Discourse in Southeast Asia Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.58375

Abstract

The International Red Cross has different characteristics so that in its development, this organization is accepted as one of the subjects of international law. However, the International Red Cross has limitations in the subject of law. International treaties such as the 1949 Red Cross Conventions provide certain rights and obligations. The rights and obligations are given by the convention indirectly to individuals through the country that is a participant in the convention. Through such construction, many individual circumstances or events that are subject to international law based on a convention can be returned to the countries that are participants in such a convention, namely the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and The European Convention on Human Rights. This study analyzes recent developments regarding the International Red Cross as a subject of international law. This study also analyzes the position of the International Red Crescent as one of the subjects of international law in practice.
Differences in the practice of binding international law in Southeast Asian countries: How will it affect the stability of law enforcement? Joseph, Antonio Marcos; Shivana, Nur; Shaiza, Layina
International Law Discourse in Southeast Asia Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.58385

Abstract

Differences in the practice of binding international law in a sovereign state have different forms which are based on various theories of international law. As a result, each country has different perceptions even in terms of law enforcement. The study uses the library research method where the author refers to legal journals and certain books as well as the opinions of experts. However, in practice, the author prefers to refer to journals and books, because the sources from journals and books can be accounted for. The author also cites sources that have been mentioned through footnotes or footnotes. This study aims to analyze different legal practices in binding international law in Southeast Asian countries and their impact on law enforcement.
How to Resolve the Overlapping Maritime Claims in International Law? Comparing Barbados Trinidad vs Tobago case and Indonesia-Malaysia Cases Ramadhan, Arif; Kareem, Mohammad Abdul Latief
International Law Discourse in Southeast Asia Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.58392

Abstract

Barbados and Republic of Trinidad and and Tobago are two statesthay facing each other andlocated in Carribian sea. Since along long time ago, these twostates often mixed up withdispute about maritimes boundaries or about the shing of each states, such as when the shing fron Barbados reputedinfringe the boundaries of Republic Trinidad and Tobago. Like this case above was often happened thay nally must be nished with helped by international law. Aswe know that in that Continental shelf with drawnmust 200 nm from the outer states boundaries, and both of them has claimed that they had been fallowed the rules, but thereare still happen an argue between them. How this dispute happened until reached the agreement, how the steps andhow the result of the agreement will be explained in this paper.

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