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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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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): 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.v3i1.35115

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.
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): 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.v3i1.35116

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.
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): 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.v3i1.35117

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.
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): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35118

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.
Protection of Human Rights Against Women in an International Legal Perspective Kastiady, Salvia Salsabila Putri; Rajib, Rayi Kharisma; Qoiri, Mutmainah Nur; Salikin, Zulfikar Ahmad Nur
International Law Discourse in Southeast Asia Vol. 3 No. 2 (2024): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35119

Abstract

The protection of human rights for women has been a central issue in international law, reflecting the evolving recognition of gender equality and the need to address systemic inequalities. Historically, women have been marginalized in both legal and societal structures, facing discrimination, violence, and economic disparity. However, over the past century, a series of international conventions, treaties, and declarations have sought to safeguard women's rights globally. Notably, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and various regional instruments have played pivotal roles in shaping legal norms that promote gender equality and protect women from abuses. Despite these legal frameworks, challenges persist in the effective implementation and enforcement of women's rights protections. Cultural, political, and socio-economic barriers continue to obstruct the realization of gender equality in many regions, and women often remain vulnerable to violence, exploitation, and discriminatory practices. The international legal system, through the work of organizations such as the United Nations, has made strides in encouraging state accountability and establishing standards for the treatment of women, but gaps in enforcement mechanisms, state sovereignty, and varying cultural norms complicate the protection process. This paper explores the international legal frameworks designed to protect women's human rights, evaluates the effectiveness of these mechanisms, and examines the ongoing obstacles to achieving comprehensive gender equality. The study highlights the need for continued advocacy, stronger enforcement, and collaboration among global institutions to advance the protection of women's rights and ensure their full participation in all spheres of life.
Role of Climate Change in Afghanistan’s Geopolitical Power Yar, Fayaz Gul Mazloum
International Law Discourse in Southeast Asia Vol. 3 No. 2 (2024): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35121

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.
Transformation of International Criminal Justice Principle into Indonesia National Criminal Justice System: How Domestic Law Adopt Global Values? Amandha, Asyaffa Ridzqi; Arifin, Ridwan; Rahmayani, Chanidia Ari; Purnomo, Didik; Nte, Ngboawaji Daniel
International Law Discourse in Southeast Asia Vol. 3 No. 2 (2024): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35122

Abstract

The transformation of international criminal justice principles into Indonesia's national criminal justice system reflects the country's commitment to aligning domestic law with global human rights and accountability standards. Indonesia, as a member of the international community, has progressively incorporated international norms and principles into its legal framework, particularly in response to the rise of international crimes such as genocide, war crimes, and crimes against humanity. The adoption of these global values in domestic law requires a nuanced approach, as Indonesia navigates its national sovereignty, cultural context, and legal traditions while integrating the broader principles of international justice. The study examines the mechanisms through which Indonesia has absorbed international criminal justice norms, focusing on key developments such as the ratification of the Rome Statute of the International Criminal Court (ICC) and the establishment of domestic legal provisions for addressing crimes under international law. It also evaluates the challenges Indonesia faces in harmonizing its criminal justice system with international standards, such as issues related to jurisdiction, the independence of the judiciary, and the political will to prosecute international crimes effectively. This paper analyzes the legal reforms in Indonesia’s national criminal justice system, exploring both the successes and limitations of these efforts. It highlights the role of international treaties, national legislation, and judicial practice in shaping a more comprehensive and fair criminal justice system. Moreover, the research emphasizes the importance of fostering international cooperation and strengthening domestic institutions to ensure the effective implementation of global principles. Ultimately, this study underscores the dynamic interaction between domestic law and international criminal justice, emphasizing the need for continuous adaptation to uphold global human rights values in a national context.
Reorganization of Effective Geographical Factors on National Power Yar, Fayaz Gul Mazloum; Ihsan, Ihsan Ullah; Baidar, Karim Ullah
International Law Discourse in Southeast Asia Vol. 3 No. 2 (2024): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35123

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.
Framework for the Implementation of the UN Guiding Principles on Business and Human Rights for the Protection of Women's Rights in Business Activities in Indonesia Nurul Fatimah Khasbullah
International Law Discourse in Southeast Asia Vol. 1 No. 2 (2022): International Law in Practice: From Norm Development to Regional Implementation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.31680

Abstract

The UN Guiding Principles on Business and Human Rights (UNGPs) is adopted as the first international instrument that provides answer to the long debate on whether or not a business has human rights responsibilities. Although the state and business have different responsibilities towards the fulfillment of human rights in business activities, the UNGPs emphasizes the urgency of a gender dimension for all stakeholders in implementing its principles. The purpose of this study is to describe the responsibilities of business actors in implementing the gender dimensions of the UNGPs and to examine its application in Indonesia. The research uses a normative juridical method with a descriptive analytical and statue approach. The result of the study shows that the adoption of the UNGPs has been carried out in Indonesia through the National Action Plan for Human Rights with women as one of the focus groups. However, the implementation has not comprehensively complied with the overall gender perspective in the UNGPs principles.
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): International Law in Practice: From Norm Development to Regional Implementation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v1i2.32363

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.

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