The Disputes of South China Sea From International Law Perspective

Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of International law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in International fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime

Penegakan Hukum dalam Kajian Law And Development: Problem dan Fundamen Bagi Solusi di Indonesia

Law enforcement holds an important role in Indonesian legal system. How strict the law is enforced will determine the existence of the law itself. Problems in law enforcement are multidimensional, vary interconnected, and have been abandoned ofr quite some time without any serious efforts to solve it. Those problems are the legislative drafting process, victory minded society instead of justice, money talks, law enforcement as political ride, discrimination, low quality and integrity of the human resources, nepotism and collusion, limited budget, and the interference of the media. This article gives an out which is a foundation of the reformation of the law enforcement with hope this solution can be comprehensive and not just temporary

Anti-Terrorism Efforts in Indonesia

Terrorism is defined generally under the Anti-Terrorism Law as the intentional use of ‘violence or the threat of violence to create a widespread atmosphere of terror or fear in public'. Indonesia is a victim of terrorism, but at the same time, a safe haven for terrorists. The Indonesian government has taken various measures to eradicate terrorism, yet the Anti-Terrorism Law has not been effective in eradicating terrorist acts in Indonesia. Implementation and enforcement of Anti-Terrorism Law has not been an easy task. Terrorism for Indonesia is a complex and multifaceted issue. This article argues that the successful experience of some other countries in eradicating terrorism may not be applicable to Indonesia. Indonesia has peculiar problems which require anti-terrorism efforts to be sufficiently sensitive to the local context. Terorisme pada umumnya didefinisikan berdasarkan Undang-Undang Anti-Terorisme sebagai pengunaan kekerasan atau ancaman secara sengaja untuk menciptakan terror atau ketakutan di muka umum. Indonesia merupakan korban dari tindak kejahatan terorisme, akan tetapi pada saat yang sama merupakan tempat yang aman bagi teroris. Pemerintah Indonesia telah mengambil beberapa langkah untuk mengatasi terorisme, namun hukum Anti –Terorisme dianggap belum efektif dalam mengatasi aksi terorisme di Indonesia. pelaksanaan dan penegakan UU Anti terorisme bukanlah hal yang mudah dilakukan. Terorisme bagi Indonesia adalah masalah yang kompleks dan beragam. Tulisan ini berpendapat bahwa pengalaman sukses dari negara lain dalam pemberantasan terorisme mungkin tidak dapat diterapkan di Indonesia. Indonesia memiliki masalah khusus yang memerlukan upaya anti-terorisme untuk cukup peka terhadap konteks lokal

Catatan Atas Masalah Aktual Perjanjian Internasional

The matter of treaty is always be interesting to discuss, especially when it somes to the question whether a state will regard a treaty which has been ratified as a part of national law that could be directly executed or not. Many opinions from various experts have been spelt out in different media. This article will discuss various aspects of treaty especially in Indonesian legal system, which was previously presented in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia

International Law as Political Instrument: Several of Indonesia\u27s Experiences as a Case Study

International law in its basic concept is intended to serve as legal framework for society of States. International law prescribes what is right and what is wrong; it also prescribes how State behaves toward one another; and it provides sanctions. However, the above description is International law is frequently used as a political instrument by States. It can be an instrument to exert pressure, instrument for intervening on other States domestic affairs without considered as violation and it can also be used to justify States\u27 actions. The present article and how Indonesia has used International law to further its national policy