Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan Oct 2020

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 Oct 2020

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 …


Law Enforcement At Indonesian Waters: Bakamla Vs. Sea And Coast Guard, Dhiana Puspitawati, Shinta Hadiyantina, Fransisca Ayulistya Susanto, Nurul Apriyanti Jul 2020

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 …


Celebrating The 25th Anniversary Of Unclos Legal Perspective: The Natuna Case, Damos Dumoli Agusman, Citra Yuda Nur Fatihah Jul 2020

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 …


Rpoa Norm Localization For Indonesia In Handling Iuu Fishing, Arimadonna Arimadonna Jan 2020

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 …