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Indonesian Journal of International Law

Indonesia

Publication Year

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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 …


Indonesia Legal Analysis Of Iuu Fishing And Transnational Organized Fisheries Crimes: Loopholes And Proposed Measures, Zaki Mubarok Oct 2019

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 …


Archipelagic State Responsibility On Armed Robbery At Sea, Siti Noor Malia Putri Jul 2017

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 …