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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 55 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.
State Authority and The Regulation of Maritime Fencing Practices in Indonesia Ida Kurnia; Luo Yuan Yuan
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.31455

Abstract

The sea plays a strategic role in supporting the social, economic, environmental, and defense life of a country, especially for Indonesia as an archipelagic nation. Based on UNCLOS 1982 and national regulations, Indonesia has sovereignty over its maritime territory to regulate, manage, and utilize it. However, the practice of fencing maritime areas by individuals, groups, corporations, and foreign parties often violates the law and causes various problems, such as restricting access for traditional fishermen, ecosystem damage, and social conflict. This fencing action is often carried out without official permission or is contrary to marine spatial planning, and opens up opportunities for resource exploitation by foreign parties. This paper aims to analyze the state's authority to enforce the law against the practice of fencing maritime areas, using a normative approach through a review of laws and legal principles. The focus of the study includes the limits of state authority at sea, forms of fencing violations, and legal steps that can be taken to enforce the rules. It was found that although the state has a strong legal basis, implementation in the field still faces obstacles in inter-institutional coordination, overlapping authorities, and the absence of specific regulations related to restrictions on the use of marine space by the private sector. This paper recommends strengthening regulations, increasing monitoring capacity, and involving coastal communities in decision-making to realize marine management that is fair, sustainable, and in line with the principle of state sovereignty
Bangka Marine Pollution: Oil Spill towards ASEAN Working Group on Coastal and Marine Environment Winanda Kusuma; Reko Dwi Salfutra; Lili Liana; Ave Agave Christina Situmorang
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.34521

Abstract

Marine areas pollution, which is also an urgent problem for ASEAN. Indonesia is very vulnerable to risk of oil spills and the heavy flow of tanker traffic in Indonesia's maritime waters. Oil spill pollution 2024 at Bangka Belitung Sea polluting a number of coastal areas. The polluted area of the Bangka Islands is one of the agendas that must be resolved. For this reason, it is necessary to have a legal study to maintain ecosystem in accordance with ASEAN cooperation, especially ASEAN WGCME in marine protect the sea in ASEAN sea. This study adopts a normative legal research method, a conceptual approach. Through this study, it is known that oil spills are widely recognized as one of the sources of marine pollution in ASEAN sea as a negative impact of human activities in the sea. The sea area of Bangka periodically experiences oil pollution. The pollution that occurs in the Bangka sea area is not solved systematically, the origin and loss of pollution is unknown. This damage can be effectively resolved through collaboration and cooperation. The ASEAN WGCME should be developed to become a legal standard in protecting the coastal and marine environment of the ASEAN region.
Navigating International Investment Law in Southeast Asia: The Case of Unfair Competition in Indonesia’s Mining Sector Agus Lanini; Elisabeth Christina Tan; Sergi Fernandez Alejandro
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.34683

Abstract

This paper explores the intersection between international investment law and domestic regulatory frameworks in Southeast Asia, with a particular focus on unfair competition in Indonesia’s mining sector. As Southeast Asia continues to attract foreign direct investment (FDI), legal disputes involving foreign investors and host states have become more frequent, particularly in resource-rich industries. Using Indonesia as a case study, this research analyzes how allegations of unfair competition—such as discriminatory licensing, state favoritism toward domestic enterprises, and lack of transparency—can trigger claims under international investment agreements (IIAs). The novelty of this paper lies in its focus on the underexplored tension between international investment protections and national efforts to regulate competition in strategic sectors. Through doctrinal legal analysis and selected case reviews, the paper highlights inconsistencies between Indonesia’s domestic legal framework and its international obligations, particularly under bilateral investment treaties (BITs). The contribution of this study is twofold: first, it provides a critical legal mapping of how unfair competition claims in the mining sector may escalate to investor-state dispute settlement (ISDS); second, it offers policy recommendations to harmonize investment protection with fair competition principles. Ultimately, this paper argues that unless Southeast Asian countries, particularly Indonesia, reform their investment governance and competition policies, they risk increased litigation and a chilling effect on sustainable investment. This research adds to the growing discourse on how developing countries can balance investor protection with national economic sovereignty.
How the ‘Ulama Should Navigate through the TWAIL Movement: an Attasian Perspective Fajri Matahati Muhammadin; Muhammad Raihan Sjahputra
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.35190

Abstract

While the Third World Approaches to International Law (TWAIL) scholarship has rapidly developed over the past decade in the international law discourse, there have been some –albeit not very many—Islamic law contributions. Utilizing Al-Attas’s ‘Islamization’, which follows a different school of postcolonialism that gave birth to TWAIL, our research critically analyzes the extent to which Islamic scholarship can work with the TWAIL bandwagon and examines the prospects and challenges in how Islamic scholarship could and should navigate the Islam and international law discourse. We find that the ‘Ulama should navigate carefully in developing Islamic scholarship through the TWAIL movement.
REDD+ Application in Southeast Asia: Legal Challenges and Indigenous Peoples’ Rights in Climate Change Mitigation Adrian Nugraha; Joni Emirzon; Muhammad Azil Maskur; Robert Lihtorng Chen
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.36056

Abstract

Indigenous peoples, whose cultural and ecological connections to forests are profound, are disproportionately affected by climate change and related mitigation initiatives, including REDD+ (Reducing Emissions from Deforestation and Forest Degradation). This study critically examines the protection of Indigenous peoples’ rights in REDD+ application across Southeast Asia, with particular attention to disparities in legal recognition, stakeholder engagement, and the application of Free, Prior, and Informed Consent (FPIC). Employing a doctrinal legal research methodology, the analysis draws on primary sources—such as international treaties, national constitutions, statutory regulations, and REDD+ strategies—and secondary sources, including UN and FAO reports, to evaluate both legal frameworks and practical safeguards. The findings indicate that while some countries (e.g., Indonesia, the Philippines, Cambodia, and Myanmar) formally recognize Indigenous peoples, participation mechanisms and FPIC enforcement remain limited; others (e.g., Malaysia, Thailand, Vietnam, and Laos) lack explicit recognition, leaving significant gaps in rights protection. The study concludes that effective REDD+ application requires harmonized treaty interactions, strengthened domestic safeguards, and the integration of Indigenous worldviews into policymaking. It recommends inclusive, rights-based approaches that position Indigenous communities as active partners, promoting both ecological sustainability and social justice.

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