Indonesian Journal of International Law
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COMPARATIVE LAW ENFORCEMENT MODEL AT SEA: LESSON LEARNED FOR INDONESIA
Full text linkIllegal, 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 activity. However, each country has a separate law enforcement model, adjusting to their geographical and geopolitics condition. This article will examine the law enforcement model’s comparison in several countries and seek the best law enforcement model and a lesson learned for Indonesia
Law Enforcement at Indonesian Waters: Bakamla vs. Sea and Coast Guard
Full text linkThis 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 maritime zones, over which different regimes applied. It is submitted that the farther ocean space is from the land territory, the sovereignty of the coastal state is lessened. Thus, different treatment, especially concerning law enforcement is needed this paper recommends a model for law enforcement at sea, which considers different regimes over different maritime zones as provided within the UNCLOS 1982. It is submitted that while it is fine to have more than one institution having the authority of law enforcement at sea, the extent of such authorization should be clarified
Undelimited Maritime Areas: Obligations of States Under Article 74(3) and 83(3) of UNCLOS
Full text linkThe delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) provides for the delimitation of the territorial sea, the continental shelf and the economic exclusive zone. However, maritime delimitation disputes reveal that these provisions hardly occupy the central place they are expected to. This paper examines the issue of undelimited maritime areas where involved the Article 74(3) and Article 83(3) of UNCLOS and of vital importance in that it provides for stable and long-lasting relations among States
Law the Development of the 1982 UN Convention on the Law of the Sea: An Australian Perspective
No full textAttempts to achieve a comprehensive codification of the law of the sea were eventually successful with the entry into force of the 1982 UN Convention on the Law of the Sea. Australia played a key role in the negotiations that led to the finalization of the 1982 Convention and this involvement has shaped the manner in which Australia has subsequently dealt with law of the sea issues. This paper reviews aspects of Australian practice as the 1982 Convention was being negotiated and then considers Australian state practice by examining three case studies that have particular significance for Australia and Indonesia: the Indonesian archipelagic sea lanes designation; the MV Tampa incident and the maritime boundary conciliation between Australia and Timor Leste. The paper concludes with some observations regarding how Australia’s approach to the law of the sea has evolved
RPOA Norm Localization for Indonesia in Handling IUU Fishing
Full text linkThe 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 kind of urgency needs more attention from these countries which not comply, than ratifying the anti-IUU fishing norms in each country’s NPOA on IUU Fishing? A qualitative methodology is pursued in this article to identify the formation of official documents. Specifically, discourse analysis is utilized to help understand the intentions of actors through constructive analysis of social phenomena in the obtained documents. There are some important findings due to this research, such as different level of urgency in countries, not all neighbour countries of Indonesia find it important to Norm Localized IUU Fishing
Revising Bilateral Investment Treaties as a New Tendency in Foreign Investment Law: India and Indonesia in the Focus
Full text linkIn the second half of 20th century the central theme of foreign investment debates was on balancing conflicting interests between developed and developing countries. As one of the most visible signs of this tendency is the process of revising bilateral investment treaties (BITs). This paper has focus on two countries, India and Indonesia. These two countries have been selected not only because of their size and importance for foreign investors, but also because of important reforms regarding BITs undertaken by these two countries that have attracted worldwide attention, particularly in other developing countries. These two countries have taken different routes, but motivated by similar concerns and objectives, and represent some of the most striking examples of the new tendency towards revision of BITs. The key issue that will be explored in this text is: What can be expected from this process of revising BITs and do the new BITs model provide for a good balance between the interests of host states and foreign investors? This is the core issue of foreign investment law, from the perspective of developing countries, which raises several further questions: How to design foreign investment law so that foreign investment can be attracted without impairing the interests of the host states? Is that possible at all, and what would be the good balance that developing countries should aim at? And, the central issue of this paper is: Do new BITs models contribute to these objectives of developing countries
A Critique Towards Australian Work and Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen?
Full text linkWork and Holiday Visa (WHV) is one of the product outcomes from the agreement that Australia engaged with state partners. Initially, this visa aims for cultural exchange and then shifted to supply the needs of Australian industry. In essence, this visa granted the holder one year to spend time in Australia consisting of six months for working and six months for travelling. However, in its application, there are mistreatments on the WHV holder, and there is no sufficient labour protection towards the worker. This paper examines the position of WHV holder in Australia, protection for the worker, and the view of the Indonesian Government on the WHV. It also discusses the Indonesia – Australia Comprehensive Economic Partnership Agreement (IA-CEPA) on the WHV context since there is a provision regarding WHV in the agreement. The paper concludes that the WHV is not a mere cultural exchange program, but a type of labour migration. The fact that Government of Indonesia still considered WHV as a cultural program is not enough for the safety of Indonesian citizens which partakes the program, it should be governed by the labour law and provided by sufficient protection. The Government of Indonesia failed to see this as part of their scope of protection in IA-CEPA, and the Australian Government also did not set a clear context on WHV. Therefore, the GOI should shift its view on the WHV and take necessary measures to provide better labour protections under this scheme
Legal Protection for Illegal Migrant Domestic Workers under the ASEAN Regulations and its Implication for Indonesia
Full text linkDomestic work is an essential source of livelihood for women and men in Southeast Asia and requires legal protection, including for illegal migrant domestic worker. The ASEAN Consensus on Protection and Promotion of the Rights of Migrant Worker 2017 regulates the protection of migrant workers, including illegal migrant workers in the domestic sector. This research discusses the implications of the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Worker 2017 for the ASEAN member countries, particularly Indonesia. This research applies a juridical-normative approach focusing on the legal materials related to the protection of domestic workers. This research also applies the statute approach. The data are analyzed qualitatively. This research concludes that the ASEAN Consensus 2017 requires close cooperation between ASEAN countries in resolving cases of illegal migrant workers through preventive measures under national laws, regulations and policies that apply in ASEAN Member Countries. Indonesia is expected to be able to implement what was agreed in the ASEAN Consensus 2017 on national legislation and other domestic policies related to the protection and promotion of migrant workers’ rights in the domestic sector. Efforts in implementing the ASEAN Consensus 2017 on migrant workers for Indonesia can be pursued in two ways, efforts to improve internally and externally
Irregular Migrations in Southeast Asia: Challenges for Protection and Migration Policy
Full text linkThe region of Southeast Asia is extremely diverse in terms of culture, language, ethnicity, economic development, forms of government and degrees of political freedom. Migration of all types has played and continues to play a crucial role in the political economy of the region and is central to the contemporary economies of all of the states within it. In terms of protection and migration policy analyses, Southeast Asia is often folded into the larger ‘regions’ of Asia, the Asia-Pacific, or a hybrid sub-region consisting of East and Southeast Asia, depending on the type of migration, and the policy issues under consideration Given the diversity of migration dynamics in Southeast Asia that could be considered within this paper, this article focus primarily on challenges for protection and policies concerning irregular migration, both because of the growing economic importance and political impact of irregular migration
OCEAN LAW IN TIMES OF HEALTH EMERGENCY: DEEP SEABED MINING CONTRIBUTIONS AND ITS FEAR OF OVEREXPLOITATION
Full text linkThe deep seabed has one of the most enriched biodiverse places on Earth. Scientists have found some essential biomedical breakthroughs derived from hydrothermal vents involved in treating disease outbreaks among seabed minerals. Futuristic as it may sound, new pharmaceutical discoveries pressure the International Seabed Authority (ISA) into strengthening its global rules on mining exploitation beyond areas of national jurisdiction (ABNJ). This paper presents a general evaluation of the existing legal system of deep seabed mining. It highlights that, increasingly, pharmaceutical companies are shifting to ABNJ seabed areas for exploitation, pressuring the international order for a more coherent and effective mining exploitation system for the next decade. The analysis of international legal frameworks for the Law of the Sea is notable. However, there are still substantial gaps in deep seabed mining’s global governance, expected to commence soon, as ISA rushes to approve a new international mining code. The result supports a transparent mining exploitation process in ABNJ, facilitating cooperation between sectors and between countries, fostering equitable sharing, and preserving the fragile ecosystem