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Ridwan Arifin
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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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The Sovereignty of the Air Space and Its Protection in the Perspective of International Law: Some Aliens Intervention in Southeast Asian Countries Siraji, Hafizh
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.v1i2.58397

Abstract

State sovereignty in international law is not a solution, in the international world as a legal entity that acts as a subject of international law. This also happens between one country or another, which can then be announced the deeds agreed to by each country are not appropriate, because they must be approved by the deeds of other countries or we can call it the Relativity of State.There are three thoughts in understanding the concept of state sovereignty over developing air space. The first is that air space cannot be used or used by anyone because in principle, the state does not have sovereignty. Secondly, special rights such as freedom of air that do not limit the height of the airspace boundary are obtained by the State of the Netherlands. And finally, the principle that the state has freedom of airspace, but there is a territory or territorial zone that gives certain rights to the under the state that can be implemented. This research has the purpose of being able to know and analyze how the regulation and accountability of the state in an effort to protect and maintain the country's sovereignty over air space viewed from the perspective of international law. The research method used in this study is the normative juridical library method, where this normative juridical research is a study using literature with primary data such as laws and regulations, the scientific work of scholars, as well as from several books. Then it will be explained or described in a deductive description supported by literature study. Based on the results of research and discussion, we can find out that the thinking on the concept of state sovereignty territory starts from the three theoretical ideas mentioned earlier. Then put together in international agreements as stated in the 1944 Chicago International Civil Aviation Convention especially the definition of state sovereignty over air space, paragraph 1 which reads "the contracting states recognize that every state has complication and exclusive sovereignty over the airspace above its territory". The state is fully responsible for the maintenance and protection of the country's sovereign territory over air space.
North Korea’s Nuclear Weapons Development: The Impact for International Security and Stability Adiningsih, Aprilia Putri; Nte, Ngboawaji Daniel
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.v1i2.58398

Abstract

The development of nuclear weapons today is in many cases one of the threats of future wars. In fact, the development of this weapon is considered to be able to disrupt international stability and security. Nuclear weapons have developed since World War II, which destroyed Hiroshima and Nagasaki in 1945. Until now, several countries are still competing to develop nuclear weapons. Nuclear weapons are weapons that get power from nuclear reactions and have tremendous destructive power, a nuclear bomb can destroy a city. Countries that have nuclear weapons include the United States, Russia, Britain, France, China, India, North Korea, and Pakistan. Nuclear weapons can become weapons of mass destruction which of course threaten the stability of international security. As one of the nuclear-armed countries, North Korea is modernizing the country by focusing its strength on the planning economy, heavy industry, and military development. This study aims to analyze the development of North Korea's nuclear weapons in the context of international stability and security and its impact on international law enforcement, especially in the region of Southeast Asian countries.
Liberalization of the Health Sector and Fulfillment of the Right to Health: How does international law respond to this condition? Saraswati, Dhanny; Zulfa, Zaeda
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.58372

Abstract

The liberalization of the health sector has become a contentious issue, raising questions about its impact on the fulfillment of the right to health. This paper explores the dynamics between health sector liberalization and the realization of the right to health within the framework of international law. It examines the principles and obligations enshrined in international human rights instruments, trade agreements, and other relevant legal frameworks concerning health and trade. Through a comprehensive review of case studies and legal analyses, the paper evaluates how international law addresses the challenges posed by health sector liberalization and seeks to safeguard the right to health. Additionally, it considers the role of international organizations, such as the World Health Organization (WHO) and the World Trade Organization (WTO), in balancing trade liberalization objectives with public health imperatives. The analysis highlights the tensions and synergies between economic interests and health rights, offering insights into potential strategies for reconciling these competing priorities. By elucidating the evolving landscape of international legal responses, this paper contributes to the ongoing discourse on achieving equitable access to healthcare while promoting global economic integration.
Double Standards in Human Rights Interpretation (Comparison of American and Asian Practices) Sanjaya, Aldo Dicky; Faisal, Mokhammad Kahvi
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.58373

Abstract

This paper explores the phenomenon of double standards in the interpretation and application of human rights principles, with a comparative analysis between American and Asian practices. Through an examination of key case studies and legal frameworks, it delves into the disparities and inconsistencies that arise in the treatment of human rights issues across these regions. The study elucidates how cultural, political, and historical factors shape differing perspectives on human rights, leading to divergent approaches in addressing violations and advocating for protections. Drawing upon empirical evidence and scholarly discourse, the paper highlights instances where double standards manifest in human rights discourse, such as the selective condemnation of human rights abuses based on geopolitical interests or cultural biases. It examines how interpretations of rights, such as freedom of expression and assembly, vary between the American and Asian contexts, often resulting in contrasting legal norms and enforcement mechanisms. Furthermore, the paper analyzes the impact of these double standards on marginalized communities and the effectiveness of international human rights mechanisms in promoting accountability and justice. In conclusion, the paper underscores the importance of recognizing and addressing double standards in human rights interpretation to ensure equitable treatment and protection for all individuals regardless of nationality or cultural background. It calls for greater transparency, consistency, and collaboration in upholding universal human rights standards, thereby fostering a more just and inclusive global society.
Pros and Cons of Application of Extraterritorial Jurisdiction in International Law: Various Practices in Southeast Asian Countries Aryudhanty, Desvia Dwi; Yen, Lam Thong; Chan, Nai Jan
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.58389

Abstract

The concept of extraterritorial jurisdiction in international law has garnered significant attention due to its implications on sovereignty, human rights, and global governance. This paper explores the diverse practices and approaches towards extraterritorial jurisdiction in Southeast Asian countries, considering both the advantages and disadvantages associated with its application. The pros of extraterritorial jurisdiction include the ability to hold individuals and entities accountable for actions committed beyond national borders, thereby addressing transnational crimes, ensuring justice for victims, and upholding international norms and standards. Furthermore, it can serve as a deterrent against cross-border offenses, promoting stability and security in the region. However, the application of extraterritorial jurisdiction also raises several concerns and challenges. One of the primary drawbacks is the potential infringement upon state sovereignty, as it involves the assertion of legal authority over foreign territories and nationals. This could lead to tensions between states and undermine diplomatic relations. Moreover, inconsistent or unilateral application of extraterritorial jurisdiction may result in legal uncertainty and conflicts of laws, hindering international cooperation and legal harmonization efforts. By examining the various practices in Southeast Asian countries, including legislative frameworks, judicial decisions, and diplomatic engagements, this paper aims to provide insights into the complexities surrounding the application of extraterritorial jurisdiction in the region. It underscores the need for balanced approaches that reconcile the pursuit of justice with respect for sovereignty and international law principles. Additionally, it highlights the importance of multilateral cooperation and dialogue in addressing transnational challenges while safeguarding the rights and interests of all stakeholders involved. Overall, this analysis contributes to a better understanding of the nuanced dynamics shaping the debate on extraterritorial jurisdiction in international law and its implications for Southeast Asia's legal landscape and regional cooperation mechanisms.
Indonesia-China International Dispute on the Natuna Island Case: Various International Law Discourses and Practices in Regional Countries Chasanah, Anissaa Nuril; Arifin, Ridwan; Nte, Ngboawaji Daniel
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.58390

Abstract

The Natuna Island case stands as a focal point in the complex web of international relations, particularly between Indonesia and China, in the South China Sea region. This study explores the various international law discourses and practices adopted by regional countries concerning this dispute. Indonesia's sovereign claims over the Natuna Islands clash with China's expansive territorial assertions, leading to diplomatic tensions and legal debates. In analyzing this dispute, this study delves into the multifaceted dimensions of international law invoked by both parties and observed by neighboring states. It examines the application of principles such as the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law concerning territorial sovereignty and maritime rights. Moreover, the study scrutinizes the strategies employed by Indonesia and China within international forums, including arbitration and diplomatic negotiations, to resolve their differences. It highlights the significance of multilateral cooperation and adherence to established legal frameworks in mitigating conflicts and maintaining regional stability. Furthermore, the study assesses the responses of other regional countries to the Natuna Island dispute, elucidating their stances on the applicability of international law and the preservation of their own interests amidst geopolitical tensions. These responses offer valuable insights into the evolving dynamics of maritime disputes and the role of international law in shaping regional security architectures.
The Natuna Waters Conflict between Indonesia and Vietnam: How is it resolved in International Law? Tyas, Annida Ayuning
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.58395

Abstract

The Natuna Waters Conflict between Indonesia and Vietnam epitomizes the intricate web of maritime disputes and geopolitical tensions in the South China Sea region. At its core, the conflict revolves around competing claims over the sovereignty and resource exploitation rights in the waters surrounding the Natuna Islands. Against the backdrop of historical assertions and contemporary contestations, this abstract scrutinizes the application of international law as a framework for resolving the Natuna Waters Conflict. Central to the dispute resolution process are the principles enshrined in the United Nations Convention on the Law of the Sea (UNCLOS), which delineates maritime zones, rights, and responsibilities among coastal states. Both Indonesia and Vietnam are parties to UNCLOS, underpinning the significance of its provisions in addressing their respective claims. However, interpretations of UNCLOS provisions, especially regarding exclusive economic zones (EEZs) and continental shelf boundaries, have been contentious points of divergence between the two nations. Efforts to resolve the Natuna Waters Conflict through legal avenues have involved diplomatic negotiations, arbitration, and adjudication mechanisms provided for under UNCLOS. Despite these mechanisms being available, challenges persist in reaching a comprehensive resolution due to geopolitical interests and power dynamics in the region. Moreover, the role of external actors and regional organizations, such as the Association of Southeast Asian Nations (ASEAN) and major powers like China and the United States, further complicates the dispute resolution landscape. In navigating these complexities, understanding the interplay between legal principles and geopolitical realities is crucial. This abstract seeks to provide insights into the potential pathways for resolving the Natuna Waters Conflict within the framework of international law. By examining historical precedents, legal interpretations, and ongoing diplomatic efforts, it sheds light on the challenges and opportunities for achieving a peaceful and equitable resolution to this longstanding maritime dispute.
Human Rights and Relativism Through the Lens of Developing Nations Case Study of Indonesia’s Ratification on CEDAW Lubis, Muhammad Rizki Akbar
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.63262

Abstract

Universalists argue that human rights as laid out by current human rights law embodies universal ideals and rights that are universally relevant and applicable to all people. However, some relativists have questioned this idea, pointing out that ethical systems should evolve in the context of local cultures and not assume its universal applicability. It arises a question whether human rights indeed a universal concept that should be assumed to all nations irrespective of its cultural differences. Especially in the context of most developing nations that have their own cultural philosophies and societal conducts, it is intriguing to assess how does the "universal applicability" of human rights fare within the local enforcement of human rights treaties. This research will be normative legal research as it will analyze the legal aspect of relativism in the perspective of developing nations in its relation to the enforcement of human rights within the existing treaty that encompasses of Universal Declaration of Human Rights, and Convention on the Elimination of All Forms of Discrimination against Women. This article argues that "consent" of the intended groups that the human treaties wanted to protect matters to bridge the difference between the two concepts.
The Role of ASEAN in Dispute Resolution between Thailand and Cambodia Setyowati, Herning; Nurulita, Alma
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.66152

Abstract

This paper scrutinizes the Association of Southeast Asian Nations (ASEAN)'s involvement in mitigating the territorial and cultural disputes between Thailand and Cambodia, particularly centered on the contentious Preah Vihear Temple. The study assesses ASEAN's efficacy in resolving these disputes through diplomatic channels and mediation efforts. By analyzing ASEAN's mechanisms and diplomatic initiatives, the paper sheds light on the organization's role as a regional mediator in fostering peaceful resolution. ASEAN's engagement in the Thailand-Cambodia disputes reflects its commitment to the principles of conflict resolution and regional stability. Through mechanisms such as the ASEAN Regional Forum (ARF) and the ASEAN Way, ASEAN has provided platforms for dialogue and negotiation between the two nations. Additionally, ASEAN's efforts have included diplomatic interventions and initiatives aimed at de-escalating tensions and promoting mutual understanding. However, ASEAN's role in dispute resolution faces challenges stemming from complex historical grievances, power dynamics, and divergent national interests. The principle of non-interference, a cornerstone of ASEAN's approach, sometimes limits the organization's ability to intervene effectively in member states' internal affairs. Moreover, ASEAN's consensus-based decision-making process can impede swift action in resolving conflicts. Nevertheless, ASEAN's engagement in the Thailand-Cambodia disputes highlights the organization's potential as a regional peacemaker. By fostering dialogue, promoting confidence-building measures, and providing diplomatic support, ASEAN contributes to the maintenance of peace and stability in Southeast Asia. Through a comprehensive analysis of ASEAN's role in this specific context, this paper offers insights into the organization's capacity to address interstate conflicts and advance regional cooperation.
National Passive Principles in Illegal Fishing Disputes of Indonesian Citizens in Australian Waters Imrona, Imrona; Kusuma, Meutia Alfi
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.67947

Abstract

Illegal fishing remains a contentious issue globally, often leading to diplomatic tensions and strained relations between neighboring countries. This paper explores the application of national passive principles in the context of illegal fishing disputes involving Indonesian citizens in Australian waters. By examining relevant international laws, bilateral agreements, and case studies, this paper aims to elucidate the legal frameworks and practical implications of national passive principles in resolving such disputes. The analysis highlights the challenges faced by both Indonesia and Australia in enforcing maritime laws, particularly concerning illegal fishing activities. Moreover, it investigates the role of national passive principles, which prioritize the rights and responsibilities of states over their citizens engaged in illegal activities abroad. Through a comparative study of legal approaches and diplomatic strategies employed by both countries, this paper seeks to offer insights into the effectiveness of national passive principles in deterring illegal fishing and promoting cooperation between nations. Furthermore, this paper discusses the socio-economic factors driving illegal fishing activities among Indonesian citizens, including poverty, lack of alternative livelihoods, and inadequate enforcement measures. It also examines the environmental impact of illegal fishing on marine ecosystems and the need for collaborative efforts to combat this transnational issue. In conclusion, this paper underscores the importance of international cooperation, legal compliance, and sustainable resource management in addressing illegal fishing disputes. It advocates for the continued implementation of national passive principles alongside strengthened enforcement mechanisms and community-based initiatives to achieve long-term solutions to illegal fishing in Australian waters.

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