International Law Discourse in Southeast Asia

Protection of Human Rights Against Women in an International Legal Perspective

Salvia Salsabila Putri Kastiady — 2024-07-31

Violations of human rights against women are still a serious debate, because there are still many women who experience acts of human rights violations, even though the National Human Rights Commission and the National Women's Commission have been initiated, it is not a guarantee that human rights violations against women will not occur. Sexual violence in international law develops according to the circumstances when acts of violence occur. sexual, where the act of sexual violence occurs. This occurs in conditions of armed conflict or in conditions where there is no armed conflict, namely in domestic life and at work. Sexual violence International law is regulated in many cases, including the Rome Statute of the International Criminal Court of 1974, which classifies sexual violence as the most serious crime. Apart from that, it is also regulated in the general agreement to eliminate all forms of discrimination against women, if the regulations are stricter, preventive measures related to protection against sexual violence are in accordance with this Convention. The National Commission on Violence Against Women has also classified gender-based violence

Case of Nickel Ore Export Trade Dispute Between Indonesia and the European Union and Its Resolution from an International Legal Perspective

Aprilia Puspitasari Putri — 2024-07-31

In this article, we will discuss the case of the nickel ore export trade dispute between Indonesia and the European Union from an international legal perspective. The European Union has issued a policy restricting imports of nickel ore from Indonesia which is considered to violate international trade agreements. Indonesia responded and filed a lawsuit with the World Trade Organization (WTO) and asked for dispute resolution through the WTO dispute resolution mechanism. This article will discuss how to resolve disputes between Indonesia and the European Union. This case is very complex regarding nickel ore because Indonesia is the largest supplier of this natural resource.

Role of Climate Change in Afghanistan’s Geopolitical Power

Fayaz Gul Mazloum Yar — 2024-07-31

The most significant environmental threats today are global warming and climate change. The effects of climate change include water and food scarcity, disease, unemployment, migration, poverty, resource conflicts, and global instability. This study examines the role of climate change in Afghanistan’s geopolitical power. This study employs a descriptive-analytical approach and a survey method. The statistical research community includes experts and specialists in geopolitics, political science, climate science, and university professors. The questionnaire was distributed among them based on indicators related to climate change, development, and geopolitics. 80 questionnaires were collected. On the basis of these findings, a significant and inverse relationship exists between the impacts of climate change and development. Furthermore, the reduction in the development process has a significant and negative impact on Afghanistan’s geopolitical power. Finally, the reduction in development affects the change. Climate plays a mediating role in geopolitics. Then, the priority of parameters influencing climate change in geopolitics was discussed using Friedman’s comparison test. These parameters include 1) poverty and social anomalies, drought, and migration. In the suggestions section, it is emphasized that there is a need to implement effective methods, such as irrigation and the use of clean energy, to reduce greenhouse gas emissions and adapt to the impacts of climate change.

Transformation of International Criminal Justice Principle into Indonesia National Criminal Justice System: How Domestic Law Adopt Global Values?

Asyaffa Ridzqi Amandha — 2024-07-31

Indonesia is one of the countries that adhere to a legal system in it. As a rule of law, of course, it has become a natural thing when all the activities and activities of each individual and the state have been regulated under the rule of law. To create law, specifically a better criminal law. So it is necessary for law enforcement, the rule of law, the legal process, and all aspects of the law to be better. All of these aspects have been regulated in the criminal justice system. The criminal justice system requires synchronization, where the contents of this synchronization will regulate aspects of substance, structural aspects, and cultural aspects in it. Where all of these aspects must be able to synchronize with each other to integrate with a substantial aspect. The role of international criminal law as one of the guidelines in the national criminal justice system is very closely related. The author wants to examine what is the National and International Criminal Justice Systems? and What is the relationship between the Indonesian criminal justice system and international criminal law?International Criminal Law; National; Criminal Justice System.

Reorganization of Effective Geographical Factors on National Power

Fayaz Gul Mazloum Yar — 2024-12-01

A group of human beings produced the nation and founded the states, and political organizations have the power. All physical and spiritual capabilities that existed in the particular political and geographical territory can be called ‘national power’. National power has different sources and bases, which are considered to be the elements of ‘national power’. The issue of national power has been attracting the attention of geographers, geopolitical specialists, and global communication experts. Each group has introduced the elements for the ‘national power’. This academic and research article will help to recognize the effects of geographical factors on ‘national power’. In addition to this, the purpose of this research is to identify the elements and sources of ‘national power’. We have investigated those geographical factors that are highly affecting ‘national power’. The methodology of data collection for this particular research is library research. Many great, international, and reliable resources have been used and cited in this academic article and research. The result of this research states that, besides the other crucial factors for national power, geographical factors also play a very vital role in national power. Such geographical factors and their effects can be used to measure and get to know the power of countries or states. The importance of this research is knowing how countries benefit from the existence of geographical facilities and features of national and global power.

State Sovereignty and Humanitarian Assistance: Navigating the Tension in International Armed Conflicts

Elisabeth Septin Puspoayu — 2024-12-01

This paper critically examines the intersection of state sovereignty and the provision of humanitarian assistance in the context of international armed conflicts, addressing a pressing and increasingly relevant issue in global legal discourse. While state sovereignty remains a cornerstone of international law, its application during armed conflict, especially regarding external humanitarian aid, raises complex questions of responsibility and intervention. Using a blend of primary and secondary legal sources, the study explores how sovereignty intersects with the state's obligations to protect and meet the needs of its citizens during conflict, in line with the theory of "responsible sovereignty." The research highlights the nuanced tension between a state's right to control its territory and its duty to ensure the welfare of its population, even in the midst of war. Despite the fundamental principle of sovereignty, states are bound by international norms to allow humanitarian assistance when their capacity to respond to crisis situations is overwhelmed, thereby preventing further human suffering. The study challenges the traditional view that external aid constitutes an infringement on sovereignty, instead arguing that the refusal of humanitarian assistance in times of need may violate international legal and moral obligations. This paper offers a novel perspective on sovereignty, proposing that in an era of global interconnectedness and humanitarian crises, responsible sovereignty should prioritize the protection of human life over rigid territorial control. The findings contribute to ongoing debates in international law, urging a rethinking of the state's role in conflict zones and the responsibility to allow external humanitarian aid in the face of dire need.

Illegal Fishing: Analysis of MV Nika Case in International Criminal Law Perspective

Fath Diene Yuslima Handaruan — 2024-12-01

Indonesia, the world's largest maritime country, faces significant challenges in protecting its vast marine resources from illegal fishing by foreign vessels, a transnational crime recognized globally since the 2000s. Illegal fishing results in substantial economic losses, estimated at over 100 trillion Indonesian rupiahs annually, and undermines local fisheries, food security, and marine ecosystem sustainability. In response, Indonesia has implemented robust national laws, including Law Number 32 of 2014 concerning Maritime Affairs and Law Number 6 of 2023 concerning Cipta Kerja, which affirm its jurisdiction and impose stringent penalties on violators. Notable cases like the interception of MV Nika, a vessel involved in multiple international violations, highlight the country's commitment to enforcing maritime law. Indonesia collaborates extensively with international entities such as INTERPOL and regional partners through initiatives like the Regional Plan of Action to Combat Illegal, Unreported, and Unregulated Fishing (RPOA-IUU). These efforts aim to enhance maritime surveillance, legal enforcement, and sustainable fisheries management, ensuring the protection of Indonesia's maritime wealth for future generations.