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International Law Discourse in Southeast Asia
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28299655     DOI : https://doi.org/10.15294/ildisea
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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Cyber Victimology and Legal Gaps in Southeast Asia Fernando, Zico Junius; Widyawati, Anis; Rinaldi, Kasmanto
International Law Discourse in Southeast Asia Vol. 4 No. 1 (2025): Southeast Asia’s Role in Shaping Public International Law: Human Rights and Mig
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v4i1.20147

Abstract

Cybercrime is escalating in Southeast Asia alongside rapid digital growth, yet the region still lacks a unified legal and victim-centered approach. While most studies focus on perpetrators and cybersecurity, this research addresses a critical gap by exploring Cyber Victimology as a framework to understand and strengthen victim protection in ASEAN countries. Using a normative legal method with comparative and conceptual approaches, this study examines legal disparities, weak law enforcement, limited victim support, and low digital literacy, particularly among children and the elderly. Findings show that ASEAN lacks harmonized regulations, adequate cyber policing, and psychological-legal support infrastructure. For instance, Singapore’s robust Personal Data Protection Act contrasts with minimal protection in Cambodia and Laos. The study proposes concrete policy responses, including regional legal harmonization modeled on the Budapest Convention and the GDPR, enhanced law enforcement capacity, national crisis centers, and targeted digital literacy programs. Integrating Cyber Victimology into policy will help ASEAN establish a more inclusive, victim-responsive digital governance system.
Southeast Asian Influence on Public International Law: State Practices and Implications Subandi, Agit Yogi Subandi; Asnawi, Sona Asnawi; Mirza, Isroni Muhammad Miraj Mirza
International Law Discourse in Southeast Asia Vol. 4 No. 1 (2025): Southeast Asia’s Role in Shaping Public International Law: Human Rights and Mig
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v4i1.22416

Abstract

Southeast Asia, a region characterized by diverse legal traditions, political systems, and cultural practices, plays an important but often underappreciated role in the development and interpretation of public international law. This article examines the multifaceted influence of Southeast Asian states' practices on international legal norms and frameworks, answering three fundamental research questions: (1) How do state practices in Southeast Asian countries influence the development and interpretation of public international law? (2) What are the implications of Southeast Asian state practices for the application of and compliance with international law in the region? (3) How do Southeast Asian countries’ diplomatic strategies and international relations shape their contributions to public international law? By analyzing case studies and specific instances in which Southeast Asian legal norms have influenced international treaties, customary law, and general legal principles, this article highlights Southeast Asia’s active participation in the global legal arena. The study highlights the region’s potential to shape international legal norms through its unique legal traditions, enforcement practices, and diplomatic strategies. Ultimately, this research aims to advance understanding of Southeast Asia’s role in the international legal system and promote greater recognition of its influence in shaping global legal norms.
Myanmar Government's International Crimes Against the Rohingya and The Enforcement Under the 1998 Rome Statute Ilham Adepio, M.
International Law Discourse in Southeast Asia Vol. 4 No. 1 (2025): Southeast Asia’s Role in Shaping Public International Law: Human Rights and Mig
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v4i1.22877

Abstract

This article explores the international crimes committed by the Myanmar government against the Rohingya in Rakhine State under the 1998 Rome Statute and evaluates possible avenues for accountability through the International Criminal Court (ICC) or universal Jurisdiction. Utilising a normative-legal framework and a descriptive-analytical approach, a systematic review of relevant treaties and case law is conducted to categorise Myanmar’s orchestrated violence, discrimination, and mass killings. The evidence indicates that these violations meet the criteria for both genocide and crimes against humanity, given their organised, systemic nature, which is aimed at eradicating the Rohingya population. The ICC’s authority to enforce compliance, as outlined in Article 13 (b) of the Rome Statute, is contingent upon a referral from the United Nations Security Council under Chapter VII of the UN Charter. This process bears a resemblance to the 2011 Libyan referral against Muammar Gaddafi. However, the absence of ratification by Myanmar and the prevailing geopolitical deadlock within the Security Council serve to impede this course of action. As an alternative, universal jurisdiction provides a practical mechanism, as exemplified by Belgium’s prosecution related to the Sabra-Shatila massacre, allowing states to try atrocity crimes irrespective of location or nationality. The study emphasises the necessity of international political resolve and cross-border judicial cooperation, advocating for a coordinated multilateral strategy to address existing accountability gaps and advance justice for the Rohingya.
Labor Migration Policy in ASEAN States Romadhona, Mochamad Kevin; Kinasih, Sri Endah; Oktafenanda, Rachmat Dimas
International Law Discourse in Southeast Asia Vol. 4 No. 1 (2025): Southeast Asia’s Role in Shaping Public International Law: Human Rights and Mig
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v4i1.23485

Abstract

Labor migration has become a major trend in Southeast Asia, with Indonesia being one of the largest sending countries. Indonesian migrant workers (PMI) significantly contribute to the economy through remittances, but also face numerous challenges, including human rights violations and undocumented employment. This study examines Indonesia's responsibility to protect its migrant workers, in line with national legislation and international human rights standards. This is qualitative research that uses secondary data to examine social issues and individual activities, focusing on Indonesian migrant workers' protection, using a case study approach for in-depth examination. Indonesia has implemented various regulations to protect migrant workers, including the Indonesian Migrant Worker Protection Law ratified in 2017. The new legislation transfers responsibility for IMW protection to the central government, ensuring human rights and safeguards for IMW and their families. The Protection of Indonesian Workers (IMW) is a national policy designed to safeguard IMW's rights and uphold human rights. The government also establishes a task force to address legal matters concerning migrant workers overseas.
Cyber Espionage in National and Global Perspective: How Indonesia Deal with this issue? Maharani Chandra Dewi
International Law Discourse in Southeast Asia Vol. 1 No. 1 (2022): Contemporary Challenges in International Law: Security, Humanity, and Regionali
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.31608

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.
Analysis of the Palestinian and Israeli Conflict in the Perspective of International Humanitarian Law Tri Mahwati; Ana Risma Nanda
International Law Discourse in Southeast Asia Vol. 1 No. 1 (2022): Contemporary Challenges in International Law: Security, Humanity, and Regionali
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.31609

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.
International Refugees in The Protection of Human Rights: A Discourse of International Humanitarian Law and Human Rights Law Slamet Supriyadi
International Law Discourse in Southeast Asia Vol. 1 No. 1 (2022): Contemporary Challenges in International Law: Security, Humanity, and Regionali
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.31611

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.
Legal Personality of ASEAN as the Subject of International Law: Contemporary Developments Dhezya Pandu Satesna
International Law Discourse in Southeast Asia Vol. 1 No. 1 (2022): Contemporary Challenges in International Law: Security, Humanity, and Regionali
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.31612

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.
General Review of Legal Relations and Responsibility of Carriers in Sea Transportation Leyla Maulinasari
International Law Discourse in Southeast Asia Vol. 1 No. 1 (2022): Contemporary Challenges in International Law: Security, Humanity, and Regionali
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i1.31616

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.
Strengthening Local Wisdom in Coastal Climate Resilience in Southeast Asia Aspan, Zulkifli; Jundiani; Irwansyah; Ji Hyun Park; Wildan Azkal Fikri
International Law Discourse in Southeast Asia Vol. 4 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v4i2.31665

Abstract

The resilience of coastal communities in the Global South, including in Southeast Asia, in facing the impacts of climate change requires a responsive and adaptive environmental legal framework. Local wisdom serves as a strategic element in safeguarding the rights of coastal communities and enhancing their capacity to withstand environmental threats. This study examines how integrating local wisdom into environmental law can contribute to strengthening coastal climate resilience, particularly within the context of Indonesia and comparable jurisdictions in Asia. Employing normative legal research, this study adopts conceptual, legislative, and comparative approaches to highlight best practices and theoretical reflections. The findings demonstrate that policies recognizing and incorporating local knowledge into environmental law hold significant potential to support effective adaptation and mitigation efforts in coastal areas. Comparative analysis of policies across different countries in the region shows that embracing local wisdom can foster a more context-sensitive and sustainable legal framework. Accordingly, this study proposes that legal frameworks in developing countries should integrate local wisdom as an integral element of environmental law reform to strengthen the resilience of vulnerable coastal communities. The implications suggest that such integration is not only relevant for climate change adaptation but also for building more responsive, participatory, and effective environmental governance in the developing world.

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