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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 45 Documents
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Human Rights and Relativism Through the Lens of Developing Nations Case Study of Indonesia’s Ratification on CEDAW Lubis, Muhammad Rizki Akbar
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32401

Abstract

Universalists argue that human rights as laid out by current human rights law embodies universal ideals and rights that are universally relevant and applicable to all people. However, some relativists have questioned this idea, pointing out that ethical systems should evolve in the context of local cultures and not assume its universal applicability. It arises a question whether human rights indeed a universal concept that should be assumed to all nations irrespective of its cultural differences. Especially in the context of most developing nations that have their own cultural philosophies and societal conducts, it is intriguing to assess how does the "universal applicability" of human rights fare within the local enforcement of human rights treaties. This research will be normative legal research as it will analyze the legal aspect of relativism in the perspective of developing nations in its relation to the enforcement of human rights within the existing treaty that encompasses of Universal Declaration of Human Rights, and Convention on the Elimination of All Forms of Discrimination against Women. This article argues that "consent" of the intended groups that the human treaties wanted to protect matters to bridge the difference between the two concepts.
The Role of ASEAN in Dispute Resolution between Thailand and Cambodia Setyowati, Herning; Nurulita, Alma
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32402

Abstract

This paper scrutinizes the Association of Southeast Asian Nations (ASEAN)'s involvement in mitigating the territorial and cultural disputes between Thailand and Cambodia, particularly centered on the contentious Preah Vihear Temple. The study assesses ASEAN's efficacy in resolving these disputes through diplomatic channels and mediation efforts. By analyzing ASEAN's mechanisms and diplomatic initiatives, the paper sheds light on the organization's role as a regional mediator in fostering peaceful resolution. ASEAN's engagement in the Thailand-Cambodia disputes reflects its commitment to the principles of conflict resolution and regional stability. Through mechanisms such as the ASEAN Regional Forum (ARF) and the ASEAN Way, ASEAN has provided platforms for dialogue and negotiation between the two nations. Additionally, ASEAN's efforts have included diplomatic interventions and initiatives aimed at de-escalating tensions and promoting mutual understanding. However, ASEAN's role in dispute resolution faces challenges stemming from complex historical grievances, power dynamics, and divergent national interests. The principle of non-interference, a cornerstone of ASEAN's approach, sometimes limits the organization's ability to intervene effectively in member states' internal affairs. Moreover, ASEAN's consensus-based decision-making process can impede swift action in resolving conflicts. Nevertheless, ASEAN's engagement in the Thailand-Cambodia disputes highlights the organization's potential as a regional peacemaker. By fostering dialogue, promoting confidence-building measures, and providing diplomatic support, ASEAN contributes to the maintenance of peace and stability in Southeast Asia. Through a comprehensive analysis of ASEAN's role in this specific context, this paper offers insights into the organization's capacity to address interstate conflicts and advance regional cooperation.
National Passive Principles in Illegal Fishing Disputes of Indonesian Citizens in Australian Waters Imrona, Imrona; Kusuma, Meutia Alfi
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32404

Abstract

Illegal fishing remains a contentious issue globally, often leading to diplomatic tensions and strained relations between neighboring countries. This paper explores the application of national passive principles in the context of illegal fishing disputes involving Indonesian citizens in Australian waters. By examining relevant international laws, bilateral agreements, and case studies, this paper aims to elucidate the legal frameworks and practical implications of national passive principles in resolving such disputes. The analysis highlights the challenges faced by both Indonesia and Australia in enforcing maritime laws, particularly concerning illegal fishing activities. Moreover, it investigates the role of national passive principles, which prioritize the rights and responsibilities of states over their citizens engaged in illegal activities abroad. Through a comparative study of legal approaches and diplomatic strategies employed by both countries, this paper seeks to offer insights into the effectiveness of national passive principles in deterring illegal fishing and promoting cooperation between nations. Furthermore, this paper discusses the socio-economic factors driving illegal fishing activities among Indonesian citizens, including poverty, lack of alternative livelihoods, and inadequate enforcement measures. It also examines the environmental impact of illegal fishing on marine ecosystems and the need for collaborative efforts to combat this transnational issue. In conclusion, this paper underscores the importance of international cooperation, legal compliance, and sustainable resource management in addressing illegal fishing disputes. It advocates for the continued implementation of national passive principles alongside strengthened enforcement mechanisms and community-based initiatives to achieve long-term solutions to illegal fishing in Australian waters.
Deterrence Effect in The Making: The Strategic Role of Indonesia’s Maritime Law in ASEAN Rizki Marman Saputra; Gumilar Rusliwa Somantri; Athor Subroto
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.v4i2.25028

Abstract

Indonesia’s maritime influence constitutes a central pillar of security stability in Southeast Asia, particularly in the strategically significant waters of the Malacca Strait. This article examines Indonesia’s contribution to regional deterrence through three core research questions: (1) How does the Indonesian Navy’s capability shape its deterrence posture in the Malacca Strait? (2) What constraints hinder Indonesia from establishing a credible deterrence effect within the ASEAN security framework? and (3) How can Indonesia’s strategic location and maritime diplomacy be optimized to enhance regional stability?. Using a qualitative methodology that integrates expert interviews and document analysis, the study finds that Indonesia’s deterrence posture remains constrained by limited defense modernization, inconsistent strategic communication, and uneven policy execution. Furthermore, structural issues such as budgetary constraints and the consensus-based nature of ASEAN diplomacy have reduced Indonesia’s ability to respond effectively to maritime provocations. Despite these challenges, Indonesia continues to act as a stabilizing anchor within ASEAN’s maritime security architecture. The findings highlight that advancing naval capability, institutionalizing maritime diplomacy based on international law, and integrating legal and strategic frameworks are crucial to building a layered deterrence effect. Ultimately, Indonesia’s Global Maritime Fulcrum (GMF) vision can evolve into a coherent maritime defense doctrine—transforming maritime law from a regulatory instrument into a strategic tool that reinforces both national sovereignty and ASEAN’s collective resilience in an increasingly contested Indo-Pacific order.
Dealing with A State of Emergency: A Comparative Study Between Indonesia and Malaysia in Government Use for Pharmaceutical Products Sulistianingsih, Dewi; Prasetyo Adhi, Yuli; Puji Lestari, Diaj; Binti Mohd Yusoff, Rahmawati
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.v5i2.29671

Abstract

The implementation of patents by the government has become a national policy to control the spread of COVID-19 by helping drug supplies in emergencies and urgent situations. The purpose of this research is to analyse patent regulation by the government (Government Use) for pharmaceutical products in the state of emergency in Indonesia by comparing with Government Use in Malaysia. This research is legal research using secondary data with qualitative analysis. The implementation of patents by the government on the Covid-19 drugs remdesivir and favipiravir, whose application in Indonesia has been based on the provisions regulated by TRIPS and the DOHA Declaration. The implementation of this policy is due to a very urgent need in efforts to tackle the COVID-19 pandemic. Malaysia has also implemented the same policy to address the need to import a generic version of the Hepatitis C drug. It is hoped that the implementation of patents by the Government on the drugs remdesivir and favipiravir can facilitate access for Covid-19 patients who need them and can be an effective strategy to deal with the Covid-19 outbreak.

Page 5 of 5 | Total Record : 45

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