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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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INDONESIA
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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Unraveling the Essence of Crime in International Criminal Law: A Review of Iryna Marchuk’s Work Amandha, Asyaffa Ridzqi
International Law Discourse in Southeast Asia Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.74999

Abstract

This review encapsulates the essence of Iryna Marchuk's seminal work, "The Fundamental Concept of Crime in International Criminal Law," published by Springer and spanning 311 pages, with ISBN 978-3-642-28245-4. Hailing from Copenhagen, Denmark, Marchuk's book navigates the intricate terrain of international criminal law with precision and scholarly insight. Marchuk's examination centers on unraveling the foundational notion of crime within the expansive realm of international law. Through a meticulous exploration of legal precedents, theoretical frameworks, and contemporary challenges, she illuminates the multifaceted dimensions of criminality in a global context. The book embarks on a journey through the evolution of international criminal law, tracing its origins and milestones while dissecting the complexities inherent in defining and prosecuting crimes of international concern. Marchuk's analysis delves into the intersection of legal principles and moral imperatives, probing the intricate balance between state sovereignty and universal human rights. Furthermore, Marchuk scrutinizes the jurisprudence of international tribunals and courts, dissecting landmark cases and seminal judgments to discern overarching trends and emerging jurisprudential principles. Through this lens, she evaluates the efficacy of existing legal frameworks in addressing grave crimes such as genocide, war crimes, and crimes against humanity. Marchuk's work also confronts the challenges of enforcement and accountability in the international arena, interrogating the mechanisms for ensuring compliance and prosecuting perpetrators across borders. By interrogating the evolving nature of transnational crimes and the shifting dynamics of global governance, she offers valuable insights into the imperative for international cooperation and collaboration in the pursuit of justice.
Transformation of International Criminal Justice Principle into Indonesia National Criminal Justice System: How Domestic Law Adopt Global Values? Amandha, Asyaffa Ridzqi; Arifin, Ridwan
International Law Discourse in Southeast Asia Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.75000

Abstract

Indonesia is one of the countries that adhere to a legal system in it. As a rule of law, of course, it has become a natural thing when all the activities and activities of each individual and the state have been regulated under the rule of law. To create law, specifically a better criminal law. So it is necessary for law enforcement, the rule of law, the legal process, and all aspects of the law to be better. All of these aspects have been regulated in the criminal justice system. The criminal justice system requires synchronization, where the contents of this synchronization will regulate aspects of substance, structural aspects, and cultural aspects in it. Where all of these aspects must be able to synchronize with each other to integrate with a substantial aspect. The role of international criminal law as one of the guidelines in the national criminal justice system is very closely related. The author wants to examine what is the National and International Criminal Justice Systems? and What is the relationship between the Indonesian criminal justice system and international criminal law?International Criminal Law; National; Criminal Justice System.
Role of Climate Change in Afghanistan’s Geopolitical Power Mazloum Yar, Fayaz Gul
International Law Discourse in Southeast Asia Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.77035

Abstract

The most significant environmental threats today are global warming and climate change. The effects of climate change include water and food scarcity, disease, unemployment, migration, poverty, resource conflicts, and global instability. This study examines the role of climate change in Afghanistan’s geopolitical power. This study employs a descriptive-analytical approach and a survey method. The statistical research community includes experts and specialists in geopolitics, political science, climate science, and university professors. The questionnaire was distributed among them based on indicators related to climate change, development, and geopolitics. 80 questionnaires were collected. On the basis of these findings, a significant and inverse relationship exists between the impacts of climate change and development. Furthermore, the reduction in the development process has a significant and negative impact on Afghanistan’s geopolitical power. Finally, the reduction in development affects the change. Climate plays a mediating role in geopolitics. Then, the priority of parameters influencing climate change in geopolitics was discussed using Friedman’s comparison test. These parameters include 1) poverty and social anomalies, drought, and migration. In the suggestions section, it is emphasized that there is a need to implement effective methods, such as irrigation and the use of clean energy, to reduce greenhouse gas emissions and adapt to the impacts of climate change.
Protection of Human Rights Against Women in an International Legal Perspective Kastiady, Salvia Salsabila Putri
International Law Discourse in Southeast Asia Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.77078

Abstract

Violations of human rights against women are still a serious debate, because there are still many women who experience acts of human rights violations, even though the National Human Rights Commission and the National Women's Commission have been initiated, it is not a guarantee that human rights violations against women will not occur. Sexual violence in international law develops according to the circumstances when acts of violence occur. sexual, where the act of sexual violence occurs. This occurs in conditions of armed conflict or in conditions where there is no armed conflict, namely in domestic life and at work. Sexual violence International law is regulated in many cases, including the Rome Statute of the International Criminal Court of 1974, which classifies sexual violence as the most serious crime. Apart from that, it is also regulated in the general agreement to eliminate all forms of discrimination against women, if the regulations are stricter, preventive measures related to protection against sexual violence are in accordance with this Convention. The National Commission on Violence Against Women has also classified gender-based violence
Case of Nickel Ore Export Trade Dispute Between Indonesia and the European Union and Its Resolution from an International Legal Perspective Putri, Aprilia Puspitasari
International Law Discourse in Southeast Asia Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.77084

Abstract

In this article, we will discuss the case of the nickel ore export trade dispute between Indonesia and the European Union from an international legal perspective. The European Union has issued a policy restricting imports of nickel ore from Indonesia which is considered to violate international trade agreements. Indonesia responded and filed a lawsuit with the World Trade Organization (WTO) and asked for dispute resolution through the WTO dispute resolution mechanism. This article will discuss how to resolve disputes between Indonesia and the European Union. This case is very complex regarding nickel ore because Indonesia is the largest supplier of this natural resource.
Effective efforts in resolving international disputes: A review of the principles of international law in the case of the Ligitan and Sipadan Island disputes Simamora, Yehezkiel Hasiholan
International Law Discourse in Southeast Asia Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.77133

Abstract

This article discusses effective efforts to resolve international disputes by focusing on reviewing the application of international law principles in the context of the Ligitan and Sipadan Island disputes. This research explores the role of international legal principles, such as the principles of peace, justice and sovereignty, in handling territorial disputes between Indonesia and Malaysia regarding these two strategic islands. Through in-depth analysis of the settlement process, this article identifies concrete efforts that can be considered effective in resolving international disputes, as well as considering the impact of applying international legal principles in achieving just and sustainable solutions. The implications of this research can provide additional insight for stakeholders, international law practitioners, and researchers interested in the context of international dispute resolution, especially in cases involving international legal principles at the regional level.
State Responsibility in Protecting Human Rights: An International Legal Perspective Hidayah, Syarifaatul
International Law Discourse in Southeast Asia Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.77145

Abstract

The protection of human rights is a cornerstone of international law, with states bearing primary responsibility for ensuring the rights and freedoms of individuals within their jurisdiction. This study provides an in-depth analysis of state responsibility in safeguarding human rights from an international legal perspective. Beginning with an exploration of the foundational principles enshrined in international human rights instruments and customary international law, the study examines the legal obligations incumbent upon states in upholding human rights standards. Key components of state responsibility in protecting human rights are delineated, including the duty to respect, protect, and fulfill human rights, as well as the obligation to prevent and remedy human rights violations. Through a comprehensive review of relevant case law, treaties, and legal scholarship, the study elucidates the evolving nature of state responsibility and the mechanisms available for holding states accountable for human rights abuses. Furthermore, the study explores the role of international institutions, such as regional human rights bodies and the International Criminal Court, in adjudicating human rights violations and enforcing state compliance with international legal standards. Special attention is given to the intersection of state sovereignty and human rights protection, examining the balance between state autonomy and international intervention in cases of egregious human rights violations. In conclusion, the study underscores the indispensable role of states in fulfilling their duty to protect human rights, emphasizing the importance of effective domestic legislation, institutional mechanisms, and accountability measures. By elucidating the legal framework governing state responsibility in human rights protection, this analysis aims to contribute to the advancement of human rights norms and the promotion of global justice and dignity for all individuals.
Ambalat Dispute Settlement Analysis Study: Juridical Review of Regional Conflict Between Indonesia and Malaysia Based on an International Law Perspective Noer, Rana Tatsbita; Majiid, Karim Abdul
International Law Discourse in Southeast Asia Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.77151

Abstract

The Ambalat dispute between Indonesia and Malaysia stands as a prominent example of a regional conflict rooted in territorial claims and maritime boundaries. This study conducts a comprehensive juridical review of the Ambalat dispute, focusing on the application of international law principles. Through an examination of relevant treaties, customary international law, and judicial decisions, this analysis aims to provide insights into the legal dimensions of the conflict and potential avenues for its resolution. The study begins by outlining the historical background of the Ambalat dispute, tracing the origins of conflicting claims over the maritime territory. It then proceeds to analyze the legal frameworks governing maritime boundaries, including the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law. Special attention is given to the principles of territorial sovereignty, equitable maritime delimitation, and peaceful dispute settlement mechanisms enshrined in international law. Furthermore, the study evaluates past attempts at resolving the Ambalat dispute, including bilateral negotiations and third-party mediation efforts. By critically assessing the effectiveness of these mechanisms, the study identifies key challenges and opportunities for achieving a durable settlement. Moreover, it examines the role of international organizations and legal forums in facilitating dialogue and promoting compliance with international law. In conclusion, the study offers recommendations for policymakers and stakeholders involved in the Ambalat dispute, emphasizing the importance of adherence to international legal principles and the pursuit of peaceful resolution mechanisms. By fostering a deeper understanding of the legal complexities surrounding the conflict, this analysis seeks to contribute to the advancement of regional stability and cooperation in Southeast Asia.
International Law and Dispute Resolution in the Context of Renewable Energy Development: A Review of the Case of Downstreaming of Nickel Ores by Indonesia Nainggolan, Christian Imanuel
International Law Discourse in Southeast Asia Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.77152

Abstract

This paper delves into the intricate dynamics of international law and dispute resolution within the context of renewable energy development, focusing on Indonesia's downstreaming of nickel ores. As renewable energy initiatives gain prominence globally, the demand for essential minerals like nickel increases, prompting nations like Indonesia to explore downstreaming processes. However, this transition presents complex legal challenges, including international trade agreements, environmental regulations, and indigenous rights. Through a comprehensive review of relevant literature and case studies, this study analyzes Indonesia's approach to nickel ore downstreaming and its implications for international law and dispute resolution mechanisms. Additionally, it examines the role of international organizations, such as the World Trade Organization (WTO) and the United Nations Commission on International Trade Law (UNCITRAL), in resolving disputes arising from renewable energy projects. By synthesizing legal frameworks, environmental concerns, and socio-economic factors, this paper offers insights into navigating the legal complexities of renewable energy development, with a focus on Indonesia's nickel industry. Ultimately, the findings contribute to the discourse on sustainable resource management and the role of international law in facilitating equitable and environmentally responsible energy transitions.
Enhancing Crew Protection in Indonesian Commercial Fishing: A Critical Evaluation of ILO Convention 188 Dewi, Dinda Mangesti; Prakarsa, Satria Unggul Wicaksana
International Law Discourse in Southeast Asia Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.78310

Abstract

This paper critically examines the efficacy of International Labour Organization (ILO) Convention 188 in protecting the rights and welfare of Indonesian fisherfolk engaged in commercial fishing activities. Indonesia, with its vast maritime territory and significant dependence on the fisheries sector, faces multifaceted challenges in ensuring the well-being of its fisherfolk amidst the complexities of the global fishing industry. By reviewing the provisions of Convention 188 and its implementation in the Indonesian context, this study sheds light on the gaps and shortcomings in safeguarding the rights, safety, and working conditions of Indonesian fishers. Moreover, it explores the socio-economic factors influencing the vulnerability of fisherfolk to exploitation and abuse, such as poverty, lack of education, and inadequate regulatory enforcement. Through an analysis of case studies and empirical data, this paper offers insights into potential strategies for enhancing the effectiveness of Convention 188 in protecting Indonesian fisherfolk, including improved enforcement mechanisms, capacity building initiatives, and greater collaboration between government agencies, civil society organizations, and the fishing industry stakeholders. Ultimately, the findings underscore the urgent need for comprehensive reforms and concerted efforts at the national and international levels to ensure the rights and well-being of Indonesian fisherfolk are upheld in the context of commercial fishing.

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