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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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A Comparative Legal Analysis of Competition Law Protections for MSMEs in ASEAN Member States R. Benny Riyanto; Sucihatiningsih Dian Wisika Prajanti; Dina Silvia Puteri
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.v4i2.36142

Abstract

This research analyzes the adequacy of legal protection for Micro, Small, and Medium Enterprises (MSMEs) against trade monopoly practices within the rapidly evolving digital market landscape of the Industrial Revolution 4.0 era. Although Indonesia’s Law Number 5 of 1999 provides preventive safeguards—such as prohibitions on anti-competitive agreements under Articles 5–8—and repressive mechanisms through administrative and criminal sanctions under Articles 30–37, these provisions remain structurally limited in addressing digital-platform dominance and algorithm-driven market distortions. The normative gap between traditional competition law and contemporary digital market realities necessitates a reassessment of MSME protection. Employing a normative legal research design with a statute approach, conceptual approach, comparative approach, and law-and-policy analysis, this study evaluates whether Indonesia’s current framework sufficiently responds to digital-era challenges. Comparative examination of Malaysia, Singapore, and Thailand demonstrates more adaptive regulatory models that integrate digital market oversight into competition law—evident in Malaysia’s Competition Act 2010 and MyDIGITAL Blueprint, Singapore’s enforcement by the Competition and Consumer Commission (CCCS) over dominant online platforms, and Thailand’s Trade Competition Act 2017, aligned with Thailand 4.0. These jurisdictions illustrate a functional convergence toward platform regulation, data transparency, and digital market fairness. This research argues that Indonesia must harmonize its competition policy with digital transformation by adopting platform-specific rules, strengthening algorithmic accountability, and integrating MSME-focused digital market protections. By situating business competition law within the broader digital-economy governance discourse, the study contributes a socio-legal and policy-oriented framework for promoting equitable and sustainable market participation for MSMEs in ASEAN’s digitalized economy.
Legal Harmonization and Implementation Challenges of the ASEAN Agreement on Electronic Commerce: A Comparative Study of Indonesia and Malaysia Aprila Niravita; Ayup Suran Ningsih; Hazlina Binti Shaik MD Noor Alam; Faizin Sulistio; Harumsari Puspa Wardhani
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.v5i1.40788

Abstract

The rapid growth of e-commerce in Southeast Asia has intensified the need for a harmonized legal framework to ensure legal certainty, protect consumers, and facilitate cross-border digital trade. This issue is closely aligned with Sustainable Development Goal (SDG) 8 on promoting sustainable economic growth through digital trade and SDG 16 on strengthening effective legal institutions and access to justice, while also supporting digital innovation under SDG 9. In response, ASEAN adopted the ASEAN Agreement on Electronic Commerce (AAEC) as a regional instrument to advance digital economic integration among its member states. This study examines the harmonization and implementation of AAEC provisions in Indonesia and Malaysia and identifies the challenges affecting their effective application. Employing a comparative juridical approach, the research analyzes national regulations governing electronic commerce and digital trade, supported by policy documents, official reports, and relevant empirical studies. The novelty of this research lies in evaluating both the conformity of domestic regulations with AAEC provisions and the practical implementation challenges influencing regional legal harmonization. The findings demonstrate that both countries have incorporated the core principles of the AAEC into their domestic legal frameworks, particularly regarding recognition of electronic transactions, consumer protection, and personal data governance. Nevertheless, substantial differences remain in regulatory readiness, institutional coordination, enforcement capacity, digital infrastructure, and the preparedness of micro, small, and medium enterprises (MSMEs). Malaysia exhibits stronger institutional readiness and regulatory consistency, whereas Indonesia continues to face regulatory fragmentation and uneven implementation across sectors. The study concludes that effective AAEC implementation depends not only on harmonized legal norms but also on robust institutions, coordinated enforcement, and inclusive digital capacity-building. These findings contribute to the development of regional digital trade governance by providing policy recommendations to strengthen legal harmonization, institutional cooperation, and digital inclusion, thereby supporting ASEAN's digital economic integration.
Reforming Justice for Digital Sexual Violence in Southeast Asia: Indonesia’s Legal Protection Framework and Regional Lessons Maskun; Muhammad Mutawalli Mukhlis; M. Aris Munandar; Syamsuddin Muchtar; Nur Azisa; Audyna Mayasari Muin; Arnita Pratiwi Arifin; Budiyanto
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.v5i1.42711

Abstract

Digital sexual violence is escalating in Southeast Asia as social media, chat services, and cloud storage enable non-consensual recording, dissemination of intimate images, sexual threats, and technology-facilitated harassment. This article assesses Indonesia’s legal protection framework and draws regional lessons for reform. Using normative legal research with international human rights law and comparative legal study as its primary approaches, this article examines Indonesia’s criminal law policies and selected judicial decisions concerning electronic-based sexual violence under the Sexual Violence Criminal Acts Law (SVCA Law, Law No. 12/2022) and the Electronic Information and Transactions Law (EIT Law, Law No. 19/2016). The analysis finds that Indonesia has advanced by criminalizing electronic-based sexual violence under the SVCA Law, yet sanctions remain focused on imprisonment and fines, leaving gaps for effective deterrence when offenders repeatedly exploit online communication tools. A recent revenge-porn case illustrates judicial experimentation with internet-access restrictions and the countervailing legality principle. Comparative insights from Canada and Germany show that court-supervised digital restrictions can be structured as additional penalties, while regional experiences in Malaysia, Thailand, and Japan underscore the value of conduct-specific offences and safeguards. The article proposes amending the SVCA Law, as lex specialis, to authorize proportionate revocation or limitation of online-communication access, supported by clear criteria, review mechanisms, and consistent inter-agency monitoring to balance constitutional freedoms and human rights.
Protecting Critical National Infrastructure Against Cyber Operations Under International Humanitarian Law: Lessons for Southeast Asia Andi Agus Salim; Maulidina Sari; Nova Bela Dhyta; Ahmad Sholihin Muttaqin; Try Hardyanthi
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.v5i1.42796

Abstract

The rapid evolution of digital technology has significantly reshaped the dynamics of modern armed conflict, most notably through the escalating threat of cyberattacks against critical infrastructure. Essential facilities such as power grids, medical centers, water sanitation systems, and communication networks play an indispensable role in ensuring the safety and well-being of the civilian population. When such infrastructure is targeted during armed conflict, whether by State or non-State actors, the resulting humanitarian consequences can be catastrophic and far-reaching. International Humanitarian Law (IHL), which traditionally governs the protection of civilian objects, has yet to explicitly address the unique challenges posed by the digital frontier, particularly regarding the protection of critical infrastructure from cyber warfare. This research aims to critically examine the extent to which IHL principles can provide adequate protection for critical infrastructure within the context of cyber operations, while identifying the normative gaps that emerge in their implementation. Employing a doctrinal legal research methodology complemented by an interdisciplinary analytical approach integrating international legal analysis with cybersecurity contemporary military studies, and supported by selected contemporary cyber incidents, this study proposes a strengthened normative framework that is more responsive to the exigencies of the digital age. The novelty of this research lies in its specific focus on the protection of vital civilian infrastructure in modern warfare from an IHL perspective, offering legal solutions grounded in state practice and fundamental humanitarian principles. It further highlights the relevance of these normative developments for Southeast Asia by identifying legal and policy lessons that can strengthen regional preparedness for protecting critical infrastructure against cyber operations during armed conflict.
Human Rights and Voluntary Repatriation in International Law: Legal Challenges in Addressing Rohingya Refugees in Indonesia Ridwan Arifin; Fitria Damayanti; Izan Mateo Cassandro; Christina Noelia Umbría
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.v5i1.45504

Abstract

The existence of Rohingya refugees in Indonesia today has caused various polemics, especially Indonesia’s position as a transit country that has not ratified related conventions so that there is no obligation to accept refugees in Indonesia. The presence of refugees in Indonesia that causes conflict makes Indonesia's position at a crossroads to fulfill international obligations or fulfill obligations to its citizens so that they do not experience anxiety about their safety of life. This research aims to first explain the arrangements and conditions of repatriation for refugees in international law. Second, analyze Indonesia’s obligations under international law as a transit country for Rohingya refugees. Third, analyze the relationship between Indonesia's international obligations and domestic policies in the repatriation of its Rohingya refugees. This research applies a type of qualitative legal research with a juridical-normative approach. This research uses primary, secondary and tertiary legal materials as study materials. This research produced several findings, namely first, the practice of repatriation is the process of returning refugees to their country of origin after moving to a transit country or a third country. UNHCR as an extension of the United Nations has been operating in Indonesia since 1979. Second, Indonesia has tried to maintain the lives of refugees who choose Indonesia as a transit country. According to UNHCR, at the end of 2023, there were 12,295 refugees registered with UNHCR in Indonesia. As a transit country, refugee reception in Indonesia is based only on humanity. Third, the application of the concept of dualism makes Indonesia position itself that international law and national law are separate legal systems, and do not have a relationship of superiority or subordination to each other.

Page 6 of 6 | Total Record : 55

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