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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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Emergency Law as a Tool of Executive Centralization in Indonesia, Thailand, and Vietnam Rusdiana, Shelvi; Hieu, Le Ho Trung; Situmeang, Ampuan; Fitri, Winda; Tan, David
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.v4i2.23634

Abstract

Emergency laws are often framed as necessary tools to respond quickly during national crises, but they also present significant risks to democratic structures. This paper explores how emergency powers can be used to centralize executive authority in Indonesia, Thailand, and Vietnam. The purpose of this study is to analyze how legal frameworks enable or fail to restrict executive power during emergencies. Using a doctrinal legal research method, the paper examines constitutional texts, relevant statutes, and key political events to assess how emergency powers function in practice. Findings show that while all three countries demonstrate varying degrees of executive flexibility, Indonesia stands out due to its lack of clear legal limits and minimal oversight, while Thailand is riddled with normative inconsistencies and multiple avenues for its executive branch to weaponize the state of emergency. Vietnam, on the other hand, subordinates all branches of state power to the overarching control of the Communist Party, resulting in possible limited legal accountability and significant potential for unchecked executive action. The study emphasizes the need for stronger legal safeguards to prevent emergency powers from becoming a lasting feature of governance.
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): Sovereignty and Responsibility in International Dispute Resolution: Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.35105

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.
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): Sovereignty and Responsibility in International Dispute Resolution: Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.35106

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.
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): Sovereignty and Responsibility in International Dispute Resolution: Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.35107

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.
State Responsibility in Protecting Human Rights: An International Legal Perspective Hidayah, Syarifaatul
International Law Discourse in Southeast Asia Vol. 2 No. 2 (2023): Sovereignty and Responsibility in International Dispute Resolution: Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.35108

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.
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): Sovereignty and Responsibility in International Dispute Resolution: Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.35109

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.
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): Sovereignty and Responsibility in International Dispute Resolution: Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.35110

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.
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): Regional Cooperation and Legal Frameworks: Combating Corruption, Pollution, and
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.35111

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.
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): Regional Cooperation and Legal Frameworks: Combating Corruption, Pollution, and
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.35112

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.
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): Regional Cooperation and Legal Frameworks: Combating Corruption, Pollution, and
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.35114

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.

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