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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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Interpol’s Efforts Against Human Trafficking by Non-Procedural Migrant Worker Networks in East Nusa Tenggara: Leveraging Legal Assistance Treaties Aulya, Layla Putri; Arifin, Ridwan; Sabri, Zaharuddin Sani Ahmad; Nte, Ngaboawaji Daniel
International Law Discourse in Southeast Asia Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.78884

Abstract

This paper delves into the proactive measures adopted by Interpol to counter the pervasive issue of human trafficking, focusing specifically on the activities of non-procedural migrant worker networks in East Nusa Tenggara. Human trafficking remains a grave violation of human rights globally, with vulnerable migrant workers often falling victim to exploitation and abuse. In regions like East Nusa Tenggara, where such networks operate with relative impunity, concerted efforts are necessary to dismantle their operations and bring perpetrators to justice. Interpol plays a crucial role in this endeavor by leveraging legal assistance treaties to enhance international cooperation in combating transnational crimes, including human trafficking. Through these treaties, Interpol facilitates information exchange, joint investigations, and coordinated law enforcement actions among member countries, thereby strengthening the collective response to this multifaceted challenge. In East Nusa Tenggara, where the complexities of jurisdiction and cross-border activities complicate law enforcement efforts, Interpol's involvement becomes particularly significant. By collaborating with local law enforcement agencies and leveraging its global network of resources, Interpol can identify, disrupt, and dismantle the networks involved in human trafficking. This paper will explore the mechanisms through which Interpol utilizes legal assistance treaties to support investigations, apprehend perpetrators, and rescue victims of human trafficking in East Nusa Tenggara. Additionally, it will assess the effectiveness of these strategies in mitigating the impact of non-procedural migrant worker networks and advancing the overarching goal of eradicating human trafficking. Through a comprehensive analysis of Interpol's efforts in this context, this paper aims to contribute to the discourse on international law enforcement cooperation and the fight against human trafficking.
Mechanisms for Addressing Space Debris from the Perspective of International Law Khasanah, Nur Barokah Uswatun; Atsawin, Marc Johan
International Law Discourse in Southeast Asia Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.78885

Abstract

This paper explores the various mechanisms available for addressing the issue of space debris through the lens of international law. As human activities in space continue to increase, so does the accumulation of space debris, posing significant risks to satellites, spacecraft, and overall space operations. International law plays a crucial role in governing space activities and managing the growing problem of space debris. This paper examines the legal frameworks and mechanisms established at the international level to mitigate, prevent, and manage space debris. It analyzes treaties, agreements, guidelines, and principles relevant to space debris mitigation and explores the roles of different actors, including space agencies, governments, and international organizations, in implementing these mechanisms. The paper also discusses challenges and gaps in current legal frameworks and suggests potential avenues for enhancing international cooperation and coordination in addressing the issue of space debris. Through this examination, the paper aims to contribute to the understanding of the intersection between international law and space debris management and to inform future policy and decision-making in this critical area.
Examining Singapore’s State Responsibility in International Law Perspective for the Death of David Hartanto: A Case Study of an Indonesian Citizen in Singapore's Territorial Territory Ratih, Ayuk Nila; Kusuma, Hanityo Akbar
International Law Discourse in Southeast Asia Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.78886

Abstract

This paper delves into the complex legal and ethical dimensions surrounding the death of David Hartanto, an Indonesian citizen, within the territorial boundaries of Singapore. Hartanto's tragic demise sparked significant attention and debate, raising questions about Singapore's obligations under international law regarding the protection of foreign nationals within its jurisdiction. Drawing upon legal principles, case law, and relevant international agreements, this study scrutinizes Singapore's state responsibility concerning the death of Hartanto. It analyzes the circumstances leading to his demise, investigates potential breaches of legal obligations by Singaporean authorities, and evaluates the adequacy of the legal frameworks governing the protection of foreign nationals. Moreover, the paper explores the broader implications of this case for diplomatic relations, human rights protections, and the rule of law in the context of transnational incidents involving state responsibility. By critically examining the Hartanto case, this paper contributes to the ongoing discourse on the intersection of state sovereignty, human rights, and international legal obligations, offering insights into avenues for enhancing accountability and ensuring the protection of individuals irrespective of their nationality within a state’s territorial jurisdiction.
Legal Framework for Addressing Sea Environmental Pollution: A Case Study of the Montara Oil Spill in East Timor Mahendra, Brian Maulana; Lien, Pao Thai; Myat, Champo Khan
International Law Discourse in Southeast Asia Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.78887

Abstract

This study delves into the legal framework pertinent to addressing sea environmental pollution, with a specific focus on the Montara Oil Spill incident in East Timor. The Montara Oil Spill presents a compelling case study, highlighting the complexities and challenges associated with responding to marine environmental disasters. By examining international conventions, regional agreements, and domestic laws, this research seeks to evaluate the adequacy of existing legal frameworks in managing sea pollution incidents effectively. Furthermore, it aims to assess the efficacy of regulatory mechanisms in holding accountable those responsible for environmental harm and ensuring appropriate compensation for affected parties. Through a comprehensive analysis of legal doctrines, relevant case law, and policy considerations, this study aims to offer valuable insights into enhancing the legal framework for mitigating and preventing sea environmental pollution. By synthesizing findings from diverse sources, including international treaties, national legislation, and jurisprudential trends, this research endeavors to identify areas for improvement in regulatory frameworks and enforcement mechanisms. Additionally, it seeks to explore opportunities for strengthening international cooperation and collaboration in safeguarding marine ecosystems and addressing transboundary pollution issues. Ultimately, this study contributes to the broader discourse on environmental law and policy by shedding light on the legal dimensions of sea pollution management. By critically examining the Montara Oil Spill case and drawing lessons from it, this research seeks to inform future regulatory developments and advocacy efforts aimed at promoting environmental sustainability and protecting the world's oceans.
Ratification of the UN Anti-Corruption Convention: Legal and Political Implications in Indonesia and its Context within Southeast Asian International Law Discourse Nuraini, Apriliana Rahma; Niel, Edward
International Law Discourse in Southeast Asia Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.78888

Abstract

This paper scrutinizes Indonesia's ratification of the UN Anti-Corruption Convention, examining its legal and political implications within Southeast Asia's international law discourse. Analyzing treaty provisions alongside Indonesia's legal framework, it assesses challenges and opportunities in combating corruption. The study emphasizes several key findings. Firstly, domestically, ratification showcases Indonesia's commitment to combat corruption, addressing a long-standing governance and economic development issue. Aligning with international standards signals intent to fortify anti-corruption efforts, bolster transparency, and augment accountability mechanisms. This aligns with fostering good governance practices vital for sustainable development and attracting foreign investment. Secondly, ratification holds political significance, affirming the government's dedication to tackling corruption, potentially enhancing its legitimacy. However, effective implementation may face hurdles due to entrenched political interests and bureaucratic challenges. In the Southeast Asian context, Indonesia's ratification serves as a model for regional cooperation against corruption. As a major economy and populous nation, Indonesia's commitment sets a precedent for collective action. It underscores the importance of regional collaboration in combating corruption, opening avenues for dialogue, collaboration, and capacity-building initiatives. This offers prospects for strengthening anti-corruption frameworks and mechanisms both nationally and regionally. In conclusion, Indonesia's ratification of the UN Anti-Corruption Convention signifies a pivotal step in combating corruption domestically and regionally. While it showcases political will and potential for regional cooperation, effective implementation remains contingent on overcoming internal challenges and fostering collaboration across Southeast Asia. This study illuminates the complex interplay between national and international efforts to combat corruption, contributing to a deeper understanding of the regional dynamics at play.
Indonesia vs. Malaysia: The Battle for Border Territory Resolved Ruhana, Siti; Karim, Tun Abdul
International Law Discourse in Southeast Asia Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.78889

Abstract

This paper provides a comprehensive analysis of the resolution of the longstanding border dispute between Indonesia and Malaysia. The study delves into the complex dynamics of this conflict, offering insights into its historical context, the key issues at stake, and the eventual resolution reached between the two nations. The Indonesia-Malaysia border dispute has been a contentious issue for decades, marked by conflicting territorial claims and occasional tensions between the two neighboring countries. Rooted in historical and geopolitical factors, the dispute has encompassed various regions along the land border, including areas rich in natural resources and strategic importance. This paper examines the factors that fueled the dispute, ranging from historical grievances to economic interests and geopolitical considerations. It explores how these factors influenced the negotiation process and shaped the positions of both Indonesia and Malaysia. Central to the analysis is the discussion of the diplomatic efforts and mechanisms employed to address the dispute. From bilateral negotiations to third-party mediation, the paper evaluates the effectiveness of different approaches in facilitating dialogue and fostering cooperation between the two nations. Furthermore, the paper highlights the role of international law and norms in guiding the resolution process. It assesses how principles of territorial sovereignty, boundary delimitation, and peaceful dispute resolution were applied in reaching a mutually acceptable agreement. Finally, the study discusses the outcome of the resolution and its implications for Indonesia, Malaysia, and the broader region. It examines the terms of the agreement, including any concessions made by either party, and considers the potential impact on bilateral relations, economic development, and regional stability. By providing a nuanced analysis of the Indonesia-Malaysia border dispute and its resolution, this paper contributes to a deeper understanding of interstate conflicts and the mechanisms available for their peaceful resolution in Southeast Asia.
Reorganization of Effective Geographical Factors on National Power Mazloum Yar, Fayaz Gul; Ihsan, Ihsan Ullah; Baidar, Karim Ullah
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.v3i2.78897

Abstract

A group of human beings produced the nation and founded the states, and political organizations have the power. All physical and spiritual capabilities that existed in the particular political and geographical territory can be called ‘national power’. National power has different sources and bases, which are considered to be the elements of ‘national power’. The issue of national power has been attracting the attention of geographers, geopolitical specialists, and global communication experts. Each group has introduced the elements for the ‘national power’. This academic and research article will help to recognize the effects of geographical factors on ‘national power’. In addition to this, the purpose of this research is to identify the elements and sources of ‘national power’. We have investigated those geographical factors that are highly affecting ‘national power’. The methodology of data collection for this particular research is library research. Many great, international, and reliable resources have been used and cited in this academic article and research. The result of this research states that, besides the other crucial factors for national power, geographical factors also play a very vital role in national power. Such geographical factors and their effects can be used to measure and get to know the power of countries or states. The importance of this research is knowing how countries benefit from the existence of geographical facilities and features of national and global power.
Illegal Fishing: Analysis of MV Nika Case in International Criminal Law Perspective Handaruan, Fath Diene Yuslima
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.v3i2.78956

Abstract

Indonesia, the world's largest maritime country, faces significant challenges in protecting its vast marine resources from illegal fishing by foreign vessels, a transnational crime recognized globally since the 2000s. Illegal fishing results in substantial economic losses, estimated at over 100 trillion Indonesian rupiahs annually, and undermines local fisheries, food security, and marine ecosystem sustainability. In response, Indonesia has implemented robust national laws, including Law Number 32 of 2014 concerning Maritime Affairs and Law Number 6 of 2023 concerning Cipta Kerja, which affirm its jurisdiction and impose stringent penalties on violators. Notable cases like the interception of MV Nika, a vessel involved in multiple international violations, highlight the country's commitment to enforcing maritime law. Indonesia collaborates extensively with international entities such as INTERPOL and regional partners through initiatives like the Regional Plan of Action to Combat Illegal, Unreported, and Unregulated Fishing (RPOA-IUU). These efforts aim to enhance maritime surveillance, legal enforcement, and sustainable fisheries management, ensuring the protection of Indonesia's maritime wealth for future generations.
State Sovereignty and Humanitarian Assistance: Navigating the Tension in International Armed Conflicts Puspoayu, Elisabeth Septin; Widagdo, Setyo; Kusumaningrum, Adi; Kurniaty, Rika
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

Abstract

This paper critically examines the intersection of state sovereignty and the provision of humanitarian assistance in the context of international armed conflicts, addressing a pressing and increasingly relevant issue in global legal discourse. While state sovereignty remains a cornerstone of international law, its application during armed conflict, especially regarding external humanitarian aid, raises complex questions of responsibility and intervention. Using a blend of primary and secondary legal sources, the study explores how sovereignty intersects with the state's obligations to protect and meet the needs of its citizens during conflict, in line with the theory of "responsible sovereignty." The research highlights the nuanced tension between a state's right to control its territory and its duty to ensure the welfare of its population, even in the midst of war. Despite the fundamental principle of sovereignty, states are bound by international norms to allow humanitarian assistance when their capacity to respond to crisis situations is overwhelmed, thereby preventing further human suffering. The study challenges the traditional view that external aid constitutes an infringement on sovereignty, instead arguing that the refusal of humanitarian assistance in times of need may violate international legal and moral obligations. This paper offers a novel perspective on sovereignty, proposing that in an era of global interconnectedness and humanitarian crises, responsible sovereignty should prioritize the protection of human life over rigid territorial control. The findings contribute to ongoing debates in international law, urging a rethinking of the state's role in conflict zones and the responsibility to allow external humanitarian aid in the face of dire need.

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