Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Indonesia (3)
- Advisory opinion, Deep Seabed Mining, International Seabed Area (2)
- IUU Fishing (2)
- Law enforcement (2)
- Maritime security (2)
-
- ASEAN, impact, policy, strategy, sea transportation (1)
- Armed Robbery (1)
- Arrangement, fisheries, maritime, provisional, regulation (1)
- BAKAMLA (1)
- Boundary Maritime (1)
- Civil reserves component, border security, defense. (1)
- Conflict (1)
- Conservation (1)
- Criminal threats, Equality before the law, Illegal fishing, Indonesian Fisheries Law, Injustice (1)
- Culture and globalization (1)
- Enforcement jurisdiction, sovereign immunity, UNCLOS (1)
- Fisheries (1)
- Fisheries Crimes (1)
- Foreign-flag vessels (1)
- Forest, peatland, forest and peatland governance, governance reform, government of indonesia (1)
- Global maritime fulcrum (1)
- IUU Fishing, Impact, Policy, Coastal West of Sumatera (1)
- Illegal fishing (1)
- Illegal fishing, fisheries law, international fisheries law (1)
- Infringement (1)
- Law of the sea (1)
- Legal (1)
- Legal Framework and Transnational Organized Crimes (1)
- Licenses (1)
- Local government (1)
Articles 1 - 30 of 32
Full-Text Articles in Entire DC Network
Natuna Waters: Explaining A Flashpoint Between Indonesia And China, Damos Dumoli Agusman
Natuna Waters: Explaining A Flashpoint Between Indonesia And China, Damos Dumoli Agusman
Indonesian Journal of International Law
Abstract
The Natuna waters have recently been a flashpoint between China and Indonesia as a result of China's vague claim of a nine dash line (9DL). It has caused a number of incidents and standoffs between legal enforcement agencies of both countries and sparked a diplomatic row.
This article explores how the ambiguous claim of a historic right/9DL was gradually introduced by China and then coercively applied in the Natuna waters. It also attempts to identify what China actually claims in the waters. It will then examine how Indonesia under the Jokowi administration responds to the claims, and elaborate what …
Impact Of The Enforcement Of Asean Economic Community On Policy And Strategy Of Sea Transportation Development In Indonesia, Aflah Aflah, Hasim Purba, Suhaidi Suhaidi, Mahmul Siregar
Impact Of The Enforcement Of Asean Economic Community On Policy And Strategy Of Sea Transportation Development In Indonesia, Aflah Aflah, Hasim Purba, Suhaidi Suhaidi, Mahmul Siregar
Indonesian Journal of International Law
This study aimed to determine the impact of the ASEAN Economic Community (AEC) on the national shipping industry highly imbalanced with relevant business policies. The AEC agreement is also expected to positively affect the shipping industry while controlling domestic and competing in international activities. In this study, a normative method was used, with the collection of data carried out through literature studies. The Maritime Vision of Indonesia, which is the Policy Direction and Strategy for The Development of Marine Transportation, was also implemented to motivate the country toward becoming the World Maritime Axis. This emphasized becoming a developed, sovereign, independent, …
Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto
Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto
Indonesian Journal of International Law
The Indonesian Fisheries Law has determined criminal threats for perpetrators of illegal fishing in the ZEEI. In practice, there are differences in the application of imprisonment instead of fines for Indonesian citizens and foreign nationals who do illegal fishing. Such differences create injustice for Indonesian citizens. The results of the study indicate that criminal law policies in the field of fisheries need to be based on justice, in the sense of equality before the law. Foreign nationals who catch illegal fishing in the ZEEI are subject to imprisonment instead of a fine, while foreign nationals are not. Therefore, the Fisheries …
Maritime Security In South East Asia: Indonesian Perspective, Melda Kamil Ariadno
Maritime Security In South East Asia: Indonesian Perspective, Melda Kamil Ariadno
Indonesian Journal of International Law
Maritime security is an important issue particularly for the archipelagic state. As the largest archipelagic state in the world, Indonesia has its own responsibility to guard its waters from any threat. Indonesian waters have been used for centuries to accelerate international trade. In addition, Indonesia needs to address its boundary problems, handling of piracy, combating Transnational Organized Crime, such as, human trafficking, drugs trafficking, and human smuggling. This article explains on Indonesian perspective of the maritime security in South East Asia.
Praktik Pembederaan Kembali (Reflagging) Pada Kapal Penangkap Ikan, Melda Kamil Ariadno
Praktik Pembederaan Kembali (Reflagging) Pada Kapal Penangkap Ikan, Melda Kamil Ariadno
Indonesian Journal of International Law
The issue of fishing vessel has been a major concern in the coastal state such as Indonesia. In fact it has been considered a serious matter to be governed and regulated in international law regime. United Nations Convention on the Law of the Sea (UNCLOS) 1982 has enacted that there shall be conservation measures especially in regard to highly migratory fish stocks and straddling fish stock. Unfortunately, there is fraudelent practice of fishing vessel to do a “reflagging” as a means to obtain the right to fish by ignoring the conservation measures upon fisheries resources in the high seas. There …
Perkembangan Pengelolaan Perikanan Global, Purwito Martosubroto
Perkembangan Pengelolaan Perikanan Global, Purwito Martosubroto
Indonesian Journal of International Law
Global fisheries production has been marked by the fast growing pattern of capture fisheries production. During the last five decades marine fisheries production demonstrated an increase of nearly 500% or an annual average increase of 4.5%. this spectacular increase raised a global concern since it accompanied by overexploitation of resources in various parts of the world ocean. This concern has led to a series of negotiation in international arena that resulted in the formulation and finally adaption of the Code of Conduct for Responsible Fisheries in FAO in 1995. Elaboration of the implementation of the Code brought about the formulation …
Piracy In South East Asia: Indonesian & Regional Responses, Hasjim Djalal
Piracy In South East Asia: Indonesian & Regional Responses, Hasjim Djalal
Indonesian Journal of International Law
Piracy in high seas has caused a problem itself because there are no particular jurisdictionof any state that governed it. This particular issue falls onto universal jurisdiction in which any state has a jurisdiction to enforce their national regulation about piracy itself. On the other hand, we don’t have sufficient international instrument which obliges the contracting states initiating a cooperation between them to combat piracy. An international cooperation, and even on regional basis (such as ASEAN and Asia-Pacific region) has already taken initiatives to combat piracy. Indonesia, as one of the states involved in international and regional basis regarding combating …
Sovereign Immunity Of Non-Commercial Government Vessels And Due Regard: China Coast Guard In The Natunas, Joy Henri Mangapul, Idris Idris, Chloryne Trie Isana Dewi
Sovereign Immunity Of Non-Commercial Government Vessels And Due Regard: China Coast Guard In The Natunas, Joy Henri Mangapul, Idris Idris, Chloryne Trie Isana Dewi
Indonesian Journal of International Law
Coastal states possess sovereign rights and jurisdiction within their Exclusive Economic Zone (EEZ), including the exercise of enforcement jurisdiction against foreign vessels conducting violations within the EEZ. However, certain ships are granted sovereign immunity and thus are not subject to coastal state’s jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS) only stipulated that injuries to the coastal state caused by activities conducted by a sovereign immune vessel will engage that vessel’s flag state responsibility. Indonesia had witnessed numerous violations within its EEZ, especially in waters around Natuna Islands. These violations are conducted by Chinese fishing vessels, …
Responsibilities Of States Sponsoring Persons And Entities Who Conduct Activities In The International Seabed Area, Fatma Muthia Kinanti
Responsibilities Of States Sponsoring Persons And Entities Who Conduct Activities In The International Seabed Area, Fatma Muthia Kinanti
Indonesian Journal of International Law
The exploitation of seabed has been regulated in the international sea law regime, namely in UNCLOS 1982 and in its modification regulations, the 1994 Implementing Agreement. This regime regulates the sponsorship mechanism whereby companies wishing to carry out activities in the international seabed must cooperate with states participating in UNCLOS 1982. In addition to providing obligations to companies, the international sea law regime also imposes obligations on the sponsoring state. This obligation is related to the steps that the participating states must take to ensure that no violations or damage occur during the project. This article will discuss the legal …
Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan
Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan
Indonesian Journal of International Law
Illegal, Unregulated, and Unreported Fishing (IUU Fishing) has grown significantly in the last few decades. This practice certainly has and will undermine global fisheries resources even further. As a result, the international community needs to establish measures to prevent the IUUF through international agreements. Presently, the international communities have formed various organizations, both regional and international (regional fisheries management organizations or RFMO), which shows its attention to the need for sustainable fisheries resources management and to prevent any illegal IUU fishing activity. Therefore, every country is currently seeking the law enforcement model to secure its maritime jurisdictions from any IUUF …
The Necessity To Reform Indonesian Legal Framework On Provisional Arrangement To Combat Iuu Fishing, Yunus Husein, Muhammad Faiz Aziz
The Necessity To Reform Indonesian Legal Framework On Provisional Arrangement To Combat Iuu Fishing, Yunus Husein, Muhammad Faiz Aziz
Indonesian Journal of International Law
Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before …
Celebrating The 25th Anniversary Of Unclos Legal Perspective: The Natuna Case, Damos Dumoli Agusman, Citra Yuda Nur Fatihah
Celebrating The 25th Anniversary Of Unclos Legal Perspective: The Natuna Case, Damos Dumoli Agusman, Citra Yuda Nur Fatihah
Indonesian Journal of International Law
The 25th Anniversary of UNCLOS was commemorated in early February in Jakarta, just one month after the Chinese fishing vessels and coast guard entered the Indonesia’s EEZ and exploited its natural resources. From the Indonesian side, this China’s encounter has indeed violated the Indonesia’s sovereign rights over its EEZ as well as the breach of Indonesia’s sovereignty by undermining and intervening in Indonesia’s right under international law in exercising legal enforcement in its own jurisdiction. Moreover, the Indonesian government has consistently and persistently rejected the nine-dash line claims by sending official protests through diplomatic notes. The protest also exerts Indonesia’s …
Law Enforcement At Indonesian Waters: Bakamla Vs. Sea And Coast Guard, Dhiana Puspitawati, Shinta Hadiyantina, Fransisca Ayulistya Susanto, Nurul Apriyanti
Law Enforcement At Indonesian Waters: Bakamla Vs. Sea And Coast Guard, Dhiana Puspitawati, Shinta Hadiyantina, Fransisca Ayulistya Susanto, Nurul Apriyanti
Indonesian Journal of International Law
This paper aims to analyze Indonesian laws regarding law enforcement in Indonesian waters. Specifically, it analyzes the authority of Badan Keamanan Laut (BAKAMLA) and Indonesian Sea and Coast Guard under the Indonesian Act Number 32 the Year 2014 on the Ocean Affairs Act and Indonesian Act Number 17 the Year 2008 on Navigation Act, respectively. It is argued that the state’s sovereignty over the ocean differs from the state’s sovereignty over the land territory. This is because according to the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982), the state’s ocean territory is divided into various …
Rpoa Norm Localization For Indonesia In Handling Iuu Fishing, Arimadonna Arimadonna
Rpoa Norm Localization For Indonesia In Handling Iuu Fishing, Arimadonna Arimadonna
Indonesian Journal of International Law
The success of the Indonesian Maritime Policy cannot be separated from Indonesia’s own role, which initiated the establishment of RPOA-IUU Fishing. Global IUU Fishing securitization has led to the localization of anti-IUU fishing in the region and domestic. As a recognized global norm in the Southeast Asia region, IUU Fishing is known to have an impact on comprehensive security in the Southeast Asian region so that a regional regime is formed to fight IUU Fishing. This research aims to find out why norm localization takes place in some countries but not in others such as Vietnam, Thailand, and Laos. What …
Indonesia Legal Analysis Of Iuu Fishing And Transnational Organized Fisheries Crimes: Loopholes And Proposed Measures, Zaki Mubarok
Indonesia Legal Analysis Of Iuu Fishing And Transnational Organized Fisheries Crimes: Loopholes And Proposed Measures, Zaki Mubarok
Indonesian Journal of International Law
The fight against illegal fishing by the Ministry of Marine Affairs and Fisheries has taken off. When investigating Illegal, Unreported and Unregulated (IUU) fishing, related transnational crimes activities such as trafficking in persons, slavery and drugs are also uncovered. In spite of the robust efforts and prompt responses, some challenges persist in terms of the inadequacy of legal frameworks governing these problems. Thus, the adequacy of the legal domain is a significant factor in pursuing the Ministry’s mission. The legal framework plays a pivotal role in addressing IUU fishing and transnational organized fisheries crimes and in setting a mechanism to …
International Convention Vs National Interest: Contestation Among Indonesian Government Institutions On Underwater Cultural Heritage Conservation, Supratikno Rahardjo
International Convention Vs National Interest: Contestation Among Indonesian Government Institutions On Underwater Cultural Heritage Conservation, Supratikno Rahardjo
Indonesian Journal of International Law
Indonesia’s underwater cultural heritage has tremendous potential to enhance the understanding of Indonesia’s maritime culture history. But, this cultural heritage has a vulnerability due to various factors that can cause cultural heritage to be extinct. Indonesia’s vast waters have substantial underwater heritage, but the government has constraints to ensure its protection. In Indonesia, the authority for underwater cultural resources found in the sea involves two government agencies that have different views on the underwater cultural heritage. On one hand, the cultural heritage is treated as “cultural goods” and on the other hand it is treated as “economic goods”. The first …
Civil Reserve Component As An Alternative For Strengthening Border Security In Indonesia, Qurrata Ayuni
Civil Reserve Component As An Alternative For Strengthening Border Security In Indonesia, Qurrata Ayuni
Indonesian Journal of International Law
Indonesia as the world’s largest archipelagic state has 90 outer islands with 67 islands bordering to the neighboring countries. Through this frontier, it is found number of problems that arise such as the smuggling of goods and people, drug trafficking, terrorism, small arms smuggling and occupation of territory by neighbouring countries. Not all these problems can be handled by the government and Indonesia National Army (Tentara Nasional Indonesia or TNI). Therefore the idea for the establishment of civil reserve components through basic military training to increase border community defence of Indonesian sovereignty needs to be considered. Through the civil reserve …
The Role Of Boundaries And Borders In Ocean Governance: Reflections On Three Promising Transborder Ocean Governance Models, Anastasia Telesetsky
The Role Of Boundaries And Borders In Ocean Governance: Reflections On Three Promising Transborder Ocean Governance Models, Anastasia Telesetsky
Indonesian Journal of International Law
State’s border and boundary have important role to definite state jurisdiction, included maritime borders and boundaries. State jurisdiction on the ocean will impact to economic value that can be earned by the state and political activity. This article explains what governance can do to maximize maritime utilization and maintain marine ecosystem by strengthen international cooperation without spoiling national’s jurisdiction among the states. This article suggests that a group of States have acknowledged that adequate ecosystem management, particularly in a changing climate, requires imaginative thinking about how to work flexibly across delineated political boundaries.
The Responsibilities Between Providing Archipelagic Sea Lanes Passage And Protecting Marine Environment: A Case In Republic Of Indonesia, Maria Maya Lestari
The Responsibilities Between Providing Archipelagic Sea Lanes Passage And Protecting Marine Environment: A Case In Republic Of Indonesia, Maria Maya Lestari
Indonesian Journal of International Law
State responsibility in international law is only charged to an independent state. Such responsibility can be created due to the rules of international law regarding the state responsibility and numerous important agreement signatories. Part XII of LOSC 1982 clearly states that “States have the obligation to protect and preserve the marine environment”. On the other hand, agreement might cause the issue of state responsibility, such as archipelagic sea-lanes in Indonesia. The obvious issue has raised serious problem, for instance, overlapping responsibility handled by the government of Indonesia under its implementation. On one side, Indonesia must preserve the marine environment by …
Indonesian Maritime Law Enforcement: Progress And Problems, Andre Abraham
Indonesian Maritime Law Enforcement: Progress And Problems, Andre Abraham
Indonesian Journal of International Law
Indonesia as maritime country may face difficulties in law enforcement at sea. The broad variety of problems and challenges can be found on Indonesia waters, included coastal area and the sea itself. Indonesia has been involved on making maritime law since UNCLOS 1982, with archipelagic state concept that gave significant implication to the law of the sea. Times change, the problem that occurred at sea could be different. Maritime law enforcement would be challenged to be adaptable for the new problems and how Indonesia develop its maritime law to face new challenges.
Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena
Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena
Indonesian Journal of International Law
The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian …
Archipelagic State Responsibility On Armed Robbery At Sea, Siti Noor Malia Putri
Archipelagic State Responsibility On Armed Robbery At Sea, Siti Noor Malia Putri
Indonesian Journal of International Law
Recent hijackings to Indonesian ships on the southern waters of the Philippines have raised alarming concerns not only from the involving states but also other countries in the region. Such crimes at sea frequently occur in the area of the coastal states in this case archipelagic states such as Indonesia and the Philippines. This privilege as archipelagic states automatically extends their sovereignty and jurisdiction to enforce their national legislations. As a corollary, responsibility to ensure the security and capacity to protect and supervise territory should be carefully examined when looking at the current situations. This paper examines the responsibility of …
The South China Sea Unclos Tribunal Award 2016: What It Has Changed And What It Does Mean To Indonesia, Damos Dumoli Agusman
The South China Sea Unclos Tribunal Award 2016: What It Has Changed And What It Does Mean To Indonesia, Damos Dumoli Agusman
Indonesian Journal of International Law
Since The Permanent Court of Arbitration issued its award on 12 July 2016 it have raised many controvertion. Almost all Submissions are decided in favour of the Philippines. The Award, as expected by many scholars, is not intended to solve the core dispute of the South China Sea ‘what maritime features belong to whom’, since the very nature of this kind of dispute is not under the Tribunal competence. The sovereignty over disputed features shall be left to the claimant States for the resolution. Nevertheless, the Tribunal Award has not only clarified the dispute but also partially solve the core …
Illegal, Unreported And Unregulated Fishing: The Impacts And Policy For Its Completion In Coastal West Of Sumatera, Sri Asih Roza Nova
Illegal, Unreported And Unregulated Fishing: The Impacts And Policy For Its Completion In Coastal West Of Sumatera, Sri Asih Roza Nova
Indonesian Journal of International Law
For coastal States, IUU fishing is a classic problem. This issue has become a thorn in the flesh, despite being attempted various ways to overcome them, but until now it still has been resolved yet. IUU fishing action can cause many problems, such as increasing poverty of coastal communities, making bankruptcy of fisheries industry, damaging ecosystems and fish habitat in the ocean, disrupting stability of security coastal countries, damaging of diplomatic relations between the coastal States and so on. To that end, this article tries to analyze more deeply about IUU fishing and it’ problems in Indonesia
Urgent Need For National Maritime Security Arrangement In Indonesia: Towards Global Maritime Fulcrum, Dhiana Puspitawati
Urgent Need For National Maritime Security Arrangement In Indonesia: Towards Global Maritime Fulcrum, Dhiana Puspitawati
Indonesian Journal of International Law
Under President Joko Widodo’s administration, Indonesia’s archipelagic outlook has been re-asserted as the basis of Indonesia’s foreign policy, by introducing the concept of Global Maritime Fulcrum (GMF). GMF is aimed put Indonesia as a single maritime power with considerable diplomatic influence in becoming a central role in two vast maritime regions. The implementation requires the maintenance of three key areas national sovereignty, maritime security and regional stability. While the scope of maritime threats has been broaden, the establishment of maritime security should encompasses at least three key areas, namely settling unresolved maritime border with neighboring countries; combating illegal, unreported and …
The Conservation Of Marine Ecosystem From Trawl Usage By The Local Government Based On Sustainable Marine Preservation Principle, Waluyo Waluyo, Djoko W. Winarno, Ayub T. S. Kusumo, Rosita Candrakirana
The Conservation Of Marine Ecosystem From Trawl Usage By The Local Government Based On Sustainable Marine Preservation Principle, Waluyo Waluyo, Djoko W. Winarno, Ayub T. S. Kusumo, Rosita Candrakirana
Indonesian Journal of International Law
Fisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen round that it will yield much more. However, the practice also threatens the life of small and young fishes as well as destroys the coral reef. The government then issued the regulation namely the Regulation of Minister on Marine Affairs and Fishery Number 2/Permen-KP/2015 about the Prohibition of Trawl and Seine Nets Usage which apply to the whole area of fisheries in Indonesia. It was one of the efforts by the Government of the Republic of Indonesia in conserving its marine ecosystem. The aim of this …
Legal Status Of Foreign-Flag Vessels When Their Fish-Transportation Vessel Licenses Have Been Revoked By The Ministry Of Marine Affairs And Fisheries, Velentina Napitupulu
Legal Status Of Foreign-Flag Vessels When Their Fish-Transportation Vessel Licenses Have Been Revoked By The Ministry Of Marine Affairs And Fisheries, Velentina Napitupulu
Indonesian Journal of International Law
In combating Illegal, unregulated and unreported fishing, the Minister of Maritime Affairs and Fisheries has several times issued the ministerial decisions to revoke SIKPI (Surat Izin Kapal Pengangkut Ikan)/fish-transportation vessel license. In practice, some Indonesian fishery companies charter foreign-flag vessels to be used as fish-transportation vessel. In such cases, how is the legal status of the foreign-flag vessels when their SIKPI licenses have been revoked by the Ministry of Marine Affairs and Fisheries? In many cases, after revoking the SIKPI, the Minister of Marine Affairs and Fisheries “arrests” the vessels. Could the Indonesian Government "arrest" the vessels? What are the …
Enhancement Of Forest And Peatland Governance In Indonesia, Mas Achmad Santosa
Enhancement Of Forest And Peatland Governance In Indonesia, Mas Achmad Santosa
Indonesian Journal of International Law
Indonesia’s forest is decreasing rapidly, and it is affecting the country’s commitment to curb carbon emission by 29 percent by 2030. Per a report published by GermanWatch in 2016, our country’s Climate Change Performance Index (CCPI) fell three places from 19 to 22 due to inadequate forest protection policy. This research will look into the urgency for the government of Indonesia to draw an agenda to push forward forest andpeatland reform to stop deforestation. Through a comparative analysis, this paper will compare two government regimes: the second term of President SusiloBambangYudhoyono (2010-2014), where REDD+ was used as the catalyst for …
Good Fences Make Good Neighbours: Challenges And Opportunities In Finalising Maritime Boundary Delimitation In The Malacca Strait Between Indonesia And Malaysia, I Made Andi Arsana
Good Fences Make Good Neighbours: Challenges And Opportunities In Finalising Maritime Boundary Delimitation In The Malacca Strait Between Indonesia And Malaysia, I Made Andi Arsana
Indonesian Journal of International Law
Maritime boundary issues are by no mean new for Indonesia and Malaysia. Notwithstanding the fact that Indonesia and Malaysia signed a maritime boundary agreement as early as 1969, the two States have yet to finalise various pending maritime boundaries between them. Compelling cases such as Ambalat Block dispute (2005, 2009), Tanjung Berakit incident (2010) another incidence in the Malacca Strait (April 2011) and others maritime boundary issues are apparently consequences of unfinished maritime boundaries between Indonesia and Malaysia. This paper seeks to analyse challenges and opportunities in finalising maritime boundaries in the Malacca Strait between Indonesia and Malaysia. It focuses …
Towards Principled Fisheries Governance Australian And Indonesian : Approaches And Challenges, Chomariyah Chomariyah
Towards Principled Fisheries Governance Australian And Indonesian : Approaches And Challenges, Chomariyah Chomariyah
Indonesian Journal of International Law
The principled fisheries governance coexist two concepts under the precautionary principle. The first one, based on the strengthening of the concept of environmental protection, aims to promote a prevention proportional to the potential risks. The second one looks for the eradication of risks and it may even require the ‘‘proof demand’’ of innocuousness. Implementation of the precautionary principle in the fishing sector became established as a reaction in general situation of world fish stocks to guarantee the sustainability of the exploitations. This paper tries to stress the implementation of the precautionary principle in Australia’s practice to application in Indonesia’ legal …