Indonesian Law Journal (ILJ) is a peer-reviewed journal published in English and devoted primarily to disseminate https://www.cantabriaeconomica.com/ scientific articles and analysis of issues in law and legal studies from academicians, researchers, observers, practitioners, all pattrons in Indonesia. ILJ issued twice in a year, July and December
Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 18 N0. 2, 2025
The 2025's second edition of Indonesian Law Journal Volume 18 has been published. The discussion topic of this edition is Competition Law and Economic. This edition presents 5 (five) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law
Hak Cipta (c) 2025 Indonesian Law Journal
COMPETITION LAW IN INDONESIA: SOCIO-LEGAL APPROACH
This paper aims to analyze the relationship between competition law, the principle of economic efficiency, and social justice within the framework of the Indonesian legal system. The study employs a normative legal research method by examining relevant primary, secondary, and tertiary legal sources, including Law No. 5 of 1999, decisions of the Indonesian Competition Commission (KPPU), and various relevant academic articles. The study finds that although economic efficiency serves as a fundamental principle in the enforcement of competition law in many countries, its implementation in Indonesia must take into account the dimension of social justice as mandated by the Constitution. Indonesia’s competition law should strive to strike a balance between the freedom to conduct business and social responsibility in order to ensure a fair, competitive, and equitable market environment.
HUKUM PERSAINGAN USAHA DAN EFISIENSI EKONOMI PADA PLATFORM DIGITAL: STUDI KASUS SHOPEE DI INDONESIA
Digital transformation has potential predatory pricing practices and significantly reshaped the landscape of trade in Indonesia, particularly through the emergence of e-commerce platforms such as Shopee. The dynamics of business competition in the digital space have introduced new legal challenges, especially concerning pricing practices, market dominance, and the protection of small enterprises. This study important because the rapid growth of digital platforms has outpaced existing lega frameworks, creating regulatory gaps that treaten market fairness and consumer protection.Using a normative juridical research method, it examines the principles outlined in Law No. 5 of 1999 and their implementation within digital business models. The analysis reveals that although Shopee enhances economic efficiency and broadens market access, there are indications of market dominance through cross-subsidization. Therefore, regulatory adjustments are necessary to ensure fair competition in the digital economy sector. Hence, this study contributes to bridging the theoretical and practical gap in understanding how traditional competition law can adapt to digital market dynamics.
POLICY ANALYSIS AND LEGAL EVALUATION OF HIGH DOMESTIC AIRFARE PRICES IN INDONESIA
Domestic airfare prices in Indonesia remain high compared to other ASEAN countries, prompting concerns over competitiveness. This study evaluates the regulatory framework influencing ticket prices, focusing on aviation fuel pricing and upper fare limits. Using the Guidelines for the Evaluation of Legislation, six dimensions were assessed: Pancasila alignment, regulatory form, disharmony, legal drafting clarity, conformity with legal principles, and implementation effectiveness. Findings indicate that the aviation fuel pricing formula (Ministerial Decree No. 17.K/10/MEM/2019) and limited competition in fuel distribution reduce market efficiency and fail to promote social justice. The study recommends reforming aviation energy policy, liberalising fuel distribution access, and reassessing airfare caps through participatory processes to create a fairer, more competitive framework.
GREEN POWER IN MARKET CHAINS: RESHAPING COMPETITION LAW IN THE AGE OF RENEWABLE ENERGY
market concentration, energy justice, regulatory reform, oligopoly, climate justice, Sustainable Development Goals (SDGs).
DOMINANT POSITION DOCTRINE IN INDONESIA: A COMPARISON TO THE GERMAN COMPETITION LAW
This paper conducts a comparative legal study on the doctrine of dominant position in competition law, focusing on the frameworks of Indonesia and Germany. Although both countries prohibit the abuse of a dominant position, there are notable differences in the legal substance and practical application of their laws. This study addresses the gap in Indonesia's existing legal framework, which often struggles to effectively define and regulate dominant market power, especially in the digital economy era. Using a normative-comparative legal method, this paper analyzes legal norms and case law from both jurisdictions, examining the similarities and differences between them. By analyzing laws, doctrines, and cases from both countries, the paper finds that Indonesia’s reliance on general provisions under Law No. 5/1999 complicates enforcement, whereas Germany’s detailed rules facilitate addressing competition issues. The study suggests Indonesia can learn from Germany to better define dominance and regulate abuse, improving its competition law and market fairness.
hukum persaingan usaha; posisi dominan; ekonomi digital; Jerman; Indonesia.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 18 N0. 1, 2025
The 2025's first edition of Indonesian Law Journal Volume 18 has been published. The discussion topic of this edition is Sexual Offending and The Law. This edition presents 5 (five) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law
PROVIDING LEGAL AID TO GEN Z OF SEXUAL VIOLANCE IN MEDAN CITY IN ACCESS TO COMPLIANCE AND JUSTICE (A STUDY AT LBH MEDAN)
Legal aid plays a crucial role in ensuring equality before the law by providing access to justice for underprivileged individuals. This study focuses on the Gen Z community’s concerns about their preparedness in handling legal issues, particularly in cases of sexual violence. Using a normative-empirical method, combining legal norms with empirical data, the research highlights the important function of Legal Aid Institutes in preventing the abuse of power and protecting clients' interests to achieve fair court decisions. LBH Medan offers structural legal aid to Gen Z in Medan city, aiming to foster structural transformation toward greater legal compliance and justice. The study recommends that the City Government support Legal Aid Institutions by providing assistance that ensures the independence and effective operation of legal aid programs, thus reinforcing access to justice and promoting fairness in the legal system.
MARITAL RAPE AND THE LIMITS OF CRIMINAL LAW: A COMPARATIVE CRITIQUE OF LEGAL GAPS IN INDONESIA AND SINGAPORE
Marital rape is a crucial issue in Indonesia and Singapore, influenced by patriarchal culture and legal loopholes. This study aims to analyse the comparison of marital rape laws between the two countries, identifying significant differences in legal systems, definitions, and criminal sanctions. Unlike the Indonesian Criminal Code, which does not explicitly recognize marital rape, Singapore has reformed its laws through the Criminal Law Reform Act 2019 to criminalize such acts. This study finds that Singaporean law can contribute to Indonesia, particularly in terms of arrest procedures, victim protection systems, and the concept of consent. Using a normative-juridical approach with comparative methods, this study provides recommendations for the modernization of Indonesian law, emphasizing the need for more specific regulations and the establishment of special family courts to ensure better protection for victims.
THE REPRESSION OF MARITAL RAPE IN MALAGASY LAW: A TENSION BETWEEN LEGAL RECOGNITION AND SOCIAL DENIAL
Despite the adoption of Law No. 2019-008 of January 16, 2020, which formally criminalizes marital rape in Madagascar, the offense remains socially invisible and judicially neglected. This article explores the contradiction between legal recognition and the persistent lack of enforcement. It investigates how entrenched cultural norms, particularly the presumption of perpetual spousal consent, hinder the acknowledgment and prosecution of marital rape. Relying on a multidisciplinary methodology—legal analysis, sociocultural inquiry, and review of judicial practices—the study identifies systemic obstacles, from patriarchal ideology to institutional inertia. It highlights the gap between the symbolic presence of the norm and its weak application. The article argues for a holistic approach to reform, including the training of legal actors, public awareness on consent within marriage, and the deconstruction of harmful gender norms. By critically analyzing the social and legal reception of this crime, the study contributes to the broader debate on gender-based violence and legal effectiveness in Madagascar.
REGULATION AND LEGAL PROTECTION OF SEXTORTION AS ELECTRONIC-BASED SEXUAL VIOLENCE IN INDONESIA
Electronic-based sexual violence in Indonesia has increased compared in prior years, one of which is sextortion. Practice of handling sextortion cases in Indonesia show that law enforcement institution only focus on the dissemination of victim sexual content, without following up with extortion and threats to perpetrators, also the absence of victims protection. Victims comply with the wishes of perpetrators and not brave enough to report because victims are worried that victim sexual content will be disseminated. Normative legal research is a research method are used by analyzing literature research, statutory research, and case study. The research results show that Article 14 Law Number 12 of 2022 on Sexual Violence Criminal Act can be used in handling sextortion cases because it has a more accommodating formulation and form of punishment, also provides comprehensive protection of victims.
CRIMINALIZING MARITAL RAPE AS A HUMAN RIGHTS OBLIGATION UNDER INTERNATIONAL LAW: A CRITICAL APPRAISAL OF INDONESIA’S LEGAL FRAMEWORK
Marital rape is a form of gender-based violence that is often hidden yet widely prevalent. This article critically examines the Indonesian legal framework in responding to the issue of marital rape, emphasizing the importance of criminalization as a state obligation to meet international human rights standards. Through a normative juridical approach and comparative legal analysis, this article examines the gap between national regulations and international provisions. It was found that despite normative progress, such as the recognition of sexual violence within marriage through national legal reforms. This paper recommends strengthening national criminal law norms through the explicit criminalization of marital rape and the harmonization of national regulations with international human rights standards as a form of the state's commitment to fulfilling its international obligations.
FREEDOM OF SECURITY, JUSTICE AND SECURITY IN GENERAL ELECTIONS FOR STATE STABILITY
Elections have become the mainstream of modern countries. The election is based on the principle of equality, namely that every citizen has the same rights and position in the Government, therefore every citizen has the same power to govern. This people's power is the source of legitimacy and legality of state power. Freedom, Security, Justice and Peace in General Elections must be obtained by all Indonesians in essence. This certainly cannot be realized if there is no national stability. Elections do not only rely on the State or the military, but involve the strength and role of individual citizens including non-governmental or private organizations. In order to realize elections that are safe, fair and peaceful in the General Election, a full participation space and mechanism must be created, whereby citizens form a democratic mechanism and have the power to make decisions in accordance with the wishes of their own citizens, without any seduction or intimidation from the parties who have an interest, because the idea of democracy that is echoed is actually quite simple, namely to protect the rights of citizens in exercising the freedom to express opinions. National stability development needs to be developed with several approaches that can build the collective awareness of the Indonesian people to defend the State. Among other things, the State defense education is a basic need that cannot be bargained. The spirit of nationalism is a basic spirit or collective consciousness that can encourage a strength of security stability. For this reason, Freedom, Security, Justice and Peace in the General Elections must be guarded by the government and the government must develop the stability of the country in the implementation of the general elections well.
COMBATING BLACK CAMPAIGN IN SOCIAL MEDIA FOR FREE, FAIR AND PEACEFUL GENERAL ELECTION
Social media shifts how people campaign during election. It makes campaign become easier, cheaper, and faster. Although campaign in social media did not always end up in a good way, since election participants and their sympathizers could possibly use social media to boost up black campaign. Black campaign could take shape as hate speech or disinformation. Badan Pengawas Pemilihan Umum (Bawaslu) as a product of electoral reform in Indonesia was build to forestall violations during the election. Therefore, it is Bawaslu’s role to supervise the whole process of the election, including campaign in social media. Social media is not a private sphere, it already becomes a public sphere. As a public sphere, social media needs the presence of Bawaslu to maintain order especially to minimize hate speech and disinformation during the election time. Bawaslu’s authority to conduct supervision in social media is regulated in Bawaslu Regulation Number 12 Year 2018 on Campaign Supervision. This regulation authorizes Bawaslu to supervise election participants’ social media account that registered to General Election Commission and unregistered social media account during election time. In order to supervise social media, first of all Bawaslu made an election vulnerability index. Election vulnerability index would show Bawaslu which part of Indonesia needs more attention in terms of social media campaign. Bawaslu would also set a prevention strategy to reduce black campaign in social media, such as spread a positive campaign in social media. Finally, Bawaslu would take bold action if Bawaslu finds black campaign in social media during election time by taking down the post or the account
ACT NUMBER 7 OF 2017 ON GENERAL ELECTION FOR SECURING FREE, FAIR, AND PEACEFUL GENERAL ELECTION FOR NATIONAL STABILITY AND PROSPERITY
Elections were deemed to be far from perfect and myriad shortcomings, while creating stability and peace is the great dream of every country and the elections can give birth to leaders who guarantee it. This is underlying the birth of the Act Number 7 of 2017 on General Election for freedom, justice, and peace in the election. The good exchange of power will achieve a good guarantee national stability and prosperity. Therefore in this essay we can find out how Act Number 7 of 2017 can securing free, fair, and peaceful general election and what excess of Act Number 7 of 2017. Writing methods used ini this essay is using normative juridical approach to legislation. In connection with the problems in this paper that the assessment done by analyzing the basis for the establishment of Act Number 7 of 2017. The Act Number 7 of 2017 It might be worthwhile to in achieving In essence, the Constitution Court Decision Number 14/PUU-X/2013. Therefore in 2019, we can achieve the freedom, justice, and peace in general election.
DANGER OF POLITICAL DOWRY IN INDONESIA: AN EARLY ANALYSIS OF CORRUPTION
This article discusses the political dowry which is one of the causes or entrance of other corruption actions. Political justice cannot be justified, for whatever reason.This article uses normative legal research methods. The results of the study indicate that by giving political dowry to make candidates tend to commit acts of corruption, because they have to find replacement money for political dowry fees. Not to mention if the candidate intends to advance again in the next period, more funds must be collected. Political justice is not only a matter of candidates who contribute to election funding, but also must be seen from the main objectives of democratic elections and the moral and integrity issues of election participants. The government has provided several solutions both to anticipate the prevention of misuse of the resources of vulnerable countries to be politicized for elections such as the licensing sector with the Government Regulation (PP) of the Indonesian Republic of Indonesia Regulation No. 24 2018 concerning Electronic Integrated Licensing Trying to get permission from Ministers, Governors, Regents and other officials authorized by law are transferred to Online Single Submission (OSS) Institutions. even so, the heavy duty still needs to be resolved by the organizing agency and the election supervisor to be able to explore and uncover the alleged politics of the dowry. All parties are aware that it is very difficult to prove the allegations of political dowry even though there are many who know that such practices do exist.
POLITICAL EDUCATION TO DISPEL THE MISINTERPRETED NEGATIVE CAMPAIGN IN GENERAL ELECTION IN INDONESIA
One of the tools that often used in political practice to gain the respect from the people is a campaign. Negative campaign is a method used to provide negative information about election candidates for the public. Unfortunately, people do not like the parties in a general election who are using this method. People often misinterpret the negative campaign as a black campaign. Contrary to the black campaign, the use of a negative campaign is very advantageous in providing negative actual facts about the candidates or political parties. Those facts can be used by the voters to reconsider which of the candidates that has the right to be elected in terms of representing the people in order to create prosperity for the community.This paper is written using the juridical-normative method. This research conclude that governments and political actors are supposed to build a standardization of political education and provide political educations to increase community’s political awareness. So, the use of negative campaign methods can be exercised and bring good benefits for the nation’s prosperity.
THE ROLE OF GOVERNMENT IN FULFILLING THE RIGHTS TO HEALTH SERVICES FOR CITIZENS THROUGH BPJS KESEHATAN
This study examines the role of government in fulfilling the rights to health services for citizens through BPJS Kesehatan. The background of this study is that on one hand, the Constitution requires the fulfillment of human rights in the health services, namely the right to health services, while on the other hand, they have not been fully fulfilled, especially for the poor. The problem in this research is the extent to which the role of government to fulfill the rights to health services through BPJS Kesehatan for Indonesian citizen and whether the factors hampering the implementation of BPJS Kesehatan for the citizens. This research was done in Jakarta. This research used socio legal approach. The research findings are the role of the government to realize the rights to health services through BPJS Kesehatan for Indonesian Citizens. Factors inhibiting the implementation of BPJS Kesehatan for the people, such as, the problem of high cost of health services and drugs, membership, complexity, service quality, referral, public awareness campign of BPJS Program, and Jamkesmas are not covered in BPJS participants.
Hak Cipta (c) 2019 Badan Pembinaan Hukum Nasional
IMPLEMENTATION OF CONSUMER PROTECTION ACT AND BUSINESS ETHICS TOWARDS BATIK CRAFT ENTREPRENEURS IN KAMPUNG BATIK SEMARANG
In the free market era, the relationship between producers as entrepreneurs and consumers is increasingly open. The Government intervention to regulate this relationship needs more attention through the consumer protection system. In running their businesses, the entrepreneurs need to adhere more to business ethics. This is because the entrepreneurs and consumers will always be bound into a mutual relationship that needs and benefits each other. The key for successful application of the Consumer Protection Act for batik craft entrepreneurs is by building understanding and correctly implementing consumer’s rights and obligations as well as the entrepreneurs’ rights and obligations according to the current law in Indonesia.
PUSHING THE IMPROVEMENT OF THE INDONESIAN LEGAL DATABASE FOR LAW RESEARCH AND ECONOMIC RESEARCH
Indonesian legal databases are still scattered in various agencies. Indonesia’s legal database, both qualitattive and quantitative, is very important for legal research, especially law and economics. The issue discussed is how to encourage the Indonesian legal database. This research is descriptive-analytical that aimed at expressing a problem or situation or event as it is so that it can reveal the actual facts. Data types used in this study is secondary data. All data is analyzed by the qualitative analysis method. The results of the study indicate that Indonesia does not yet have the quantitative database, the establishment of a college database in Indonesia can encourage the formation of a national Indonesian legal database, the establishment of a Research institutes database also can encourage the formation of a national Indonesian legal database. Data integration needs to be done to encourage the formation of a national Indonesian legal database.
A NEW PERSPECTIVE IN DEVELOPING COMPREHENSIVE AND INTEGRATED LEGAL DATABASE SYSTEM TO SUPPORT THE EASE OF DOING BUSINESS
This paper discusses a new perspective on the organization of a legal database and specifically deals with the ease of doing business in Indonesia. The operation of a legal database is the task of the government that has been regulated by Regulation of The President Of The Republic Of Indonesia Number 33 Of 2012 Concerning Network Of National Law And Documentation. Specifically, the administration needs to carry out improvements and changes to adjust to current developments. A brief model of the implementation of a legal database is carried out towards the European Union through an analysis of their website. This paper uses normative legal research methods and literature study through data and document collection. The data that has been collected is analyzed. The renewal of the implementation of a more comprehensive legal database will be able to provide more certain and concise information related to policies taken by the government so that the public, especially business actors, are easier to predict and take steps to do.
National Legal Documentation and Information
INTEGRATED TRADE INFORMATION DATABASE AS A TOOL TO SUPPORT ECONOMIC GROWTH
The export-led growth hypothesis postulates that export growth is one of the key determinants of economic growth. Unfortunately, Indonesia’s trade balance deficit in April 2019 was caused by weak exports performances. One of the ways to improve trade balance in Indonesia is the Government of Indonesia should encourage business owners to conduct export. Encouraging firms to start exporting could be done in many ways such as developing an integrated trade information database. By providing an integrated trade information database, the Government would be able to better support the economy. The availability of integrated trade information database will cope some problem facing in trade activities. Therefore Government of Indonesia needs to consider developing an integrated trade information database. The objective of this paper is to examine the role of Integrated Trade Information Database in supporting economic growth in Indonesia.
THE URGENCY OF DEVELOPING A REGULATION’S DATABASE RELATED TO PRIVATE INTERNATIONAL LAW
Regulatory organization is one of the items in the Second Legal Reform initaitive under Jokowi’s administration. There are 3 (three) priorities in this area, namely: (1) quality lawmaking; (2) evaluating all problematic laws and regulations; and (3) developing an integrated legal repository. The latter is important for 2 (two) reasons: First, to meet legal provisions. Second, to provide easy information access of laws and regulations to the public. As one of the countries competing to attract investment as a means to grow its national economy, it is time for Indonesia to have its own legal framework that addresses issues surrounding Private International Law (PIL). Indonesia currently still refers to Dutch-legacy PIL, namely Articles 16, 17, and 18 A.B, with most of other provisions dispersed under different laws and regulations. Indonesia is yet to have a single PIL codification. A bill and law would take longer time to develop; at the same time, there is growing demand for the access of PIL information. A development of PIL database is therefore seen as an urgency in Indonesia. Legal problem in this article are what is the correlation between PIL and the development of horeign investment in Indonesia, and how is the development of PIL database. This study employs normative jurisdiction approach and uses empirical data on PIL database development as an initiative undertaken by the Directorate General of Legal Administrative Affairs (Ditjen AHU) of the Ministry of Law and Human Rights of the Republic of Indonesia. The study finds that a PIL database has never been developed by any institution/agency, resulting in the public’s difficulty in accessing PIL-related information. This study concludes that having an accurate PIL database could make business process and other legal relations involving foreign elements easier and quicker to solve as well as having the potential to boosting investment. At a higher level, a quality database provides greater access of information to public, allowing public participation in controlling the government’s actions and policies especially in lawmaking.
PUBLISHING CONSOLIDATED VERSION OF ACTS IN NATIONAL LEGAL INFORMATION AND DOCUMENTATION NETWORK (JDIHN) AS A WAY OF IMPROVING LEGAL CERTAINTY: AN INSPIRATION FROM AUSTRALIAN FEDERAL REGISTER OF LEGISLATION
Throughout the time, the Government of Indonesia has put a lot of effort to address the issue of lack of legal certainty in Indonesia. One measure that has been taken is to increase the accessibility of legislation through the establishment of National Legal Information and Documentation Network (JDIHN). This article will look into legal documentation best practices in other jurisdiction, the Australian Federal Register of Legislation that publishes Consolidated Version of Acts, referring to Venice Commission, as an inspiration to pick up relevant and applicable principles that can be used to enhance legal certainty.. Indonesia should consider publishing Consolidated Version of Acts as a solution to the complexity of tracking down the latest version of the Acts. In Indonesia, Acts can be amended by an “Amendment Acts”, another Act, and also by Constitutional Court Judgement. Eventhough JDIHN have provided all of this information, these documents remain as separate documents, bringing potential confusion for people to accurately identify which provisions of the Acts are still in force. This paper concludes that it is worth for JDIHN to try enhancing their service by publishing a Consolidated Version of Acts. As a start, it can choose some prominent Acts regulating business and economy activities and formulate the Consolidated Version of those Acts.
National Legal Information and Documentation Network (JDIHN)
Australian Federal Register of Legislation
THE SETTLEMENT OF TERRITORIAL DISPUTES AMONG COUNTRIES IN THE PERSPECTIVE OF INTERNATIONAL LAW AND OTHER ASPECTS
International law is a set of international rules originated from agreements or conventions among countries that is justified as a legal norm to maintain secure relationships, friendships, and sovereignty respect among states. Adversely, acquisition of territory by disputes remains an unsolved matter in international relations until this recent era. Consequently, the theme of research required an international law`s perspective on settlement of territorial disputes which is the biggest matter that generates an international relationships convulsion among states in the past and even in this recent world as well. The authors hereby divided the discussion on this research into two big parts: first, different methods of disputes resolutions in the view of International law, which subdivided into two small parts a) legal binding resolution and b) Non-legal binding resolution, and second, the trends of international law and capability of international organization on settlement of disputes recently, divided into different parts a) Choice of methods, b) Partiality and favoritism in adjudication of decision-making and c) Deficiency of UN`s organs. At the end, the conclusion presented areform plan towards an effective solution on resolution of territorial disputes. Further, this paper compiled UN views through different cases and legal comparisons towards a new perspective on how to settle territorial disputes efficiently and challenges of international law. Thus, this research is intended to be published as an accurate perspective on settlement of territorial disputes across the world, especially to countries which need it.
Hak Cipta (c) 2020 Indonesian Law Journal
THE INTERNATIONAL LAW OF THE SEA BORDER DISPUTE IN NATUNA WATERS CONCERNING SEA NATURAL RESOURCES IN WATER BORDER BASED
Waters around the territorial boundaries of a country contain countless natural biological resources often become the object of disputes. Several countries bordering Natuna island had been in dispute especially under the UNCLOS 1982. This should be a concern of the Indonesian government, especially in regard to the government’s obligations to protect the natural resources in Natuna Island. This research uses the normative legal research method or approach to examine the positive law in maritime regime and its enforcement compared to library materials or secondary data regarding the problems that showed in this research. Theoretically, the benefits of this research are to provide information and to understand every development of legal science in general and international sea law, as well as relating to the issues discussed in this study, in particular. Practically, it is expected to be useful for all parties in international maritime law enforcement.
MENYESUAIKAN STRATEGI PERDAMAIAN UNTUK MENYELESAIKAN SENGKETA TERITORIAL PULAU NATUNA: PERSPEKTIF INSTITUSIONAL DAN HUKUM INTERNASIONAL
The Natuna Island’s boundaries have been listed according to UNCLOS 1982. However, some countries use their own justification to violate another state’s territories which lead to potential territorial disputes. This study elaborates on pursuing a peaceful strategy in accordance with Indonesia’s fundamental values to defend Natuna Island’s sovereign territory. Indonesia’s government said not to turn over the Natuna Island within the conflict on nine dash line in the South China Sea according to China’s claim. This study uses literature methods to elaborate the background of Natuna Islands territorial disputes by Indonesia’s responses and China’s claims, and the conclusion will discuss the peaceful strategy by concerning on international laws approaches and pursuing the roles of institutions for the settlement.
THE ROLE OF UNCLOS 1982 IN PROTECTING THE INDONESIA’S SOVEREIGNTY FROM RECLAMATION THREAT
The limited existing land area can be expanded by carrying out reclamation of land from surrounding waters, which is commonly found in many countries throughout the world, such as currently being done by Singapore and Indonesia. The paper raises the issue on the reclamation carried out by Singapore and its impacts on the Indonesian territorial sea. To counteract this issue, Indonesia considered using the United Nations Convention on the Law of the Sea (UNCLOS) 1982, but in fact, UNCLOS 1982 does not provide the reclamation provision. As a result, both Indonesia and Singapore put interpretations on Articles to enlighten their propositions. So the question remains: ”Will UNCLOS 1982 be able to fully protect the sovereignty of Indonesia’s territorial sea from the Singapore’s reclamation threat?” The method was descriptive analysis, which is a research method used to gain an overview of the situation and circumstances, by way of exposure of data obtained as it is. Then, various analyzes are carried out to compil some conclusions; while, studies conducted through normative juridical approach. The analysis showed that in order to secure the sovereignty, Indonesia should make propositions related to reclamation issues to be regulated under the international law of the sea. This will be more effective because it will directly improve the legal basis
United Nations Convention on the Law of the Sea (UNCLOS) 1982
POSSIBILITY TO UTILIZE JOINT ARRANGEMENT ON FISHERIES BETWEEN INDONESIA AND VIETNAM ON DISPUTED EXCLUSIVE ECONOMIC ZONE (EEZ) IN THE NORTH NATUNA SEA
Indonesia has sea boundaries with Vietnam and they are still in dispute over the Exclusive Economic Zone (EEZ) in the North Natuna Sea. Incidents between both maritime agencies along with both fishers frequently occur in the disputed area. The two governments have already talked to reach delimitation agreement. However, such efforts are never been easy. To avoid future incidents, the two countries need to negotiate and achieve provisional arrangement to jointly manage, exploit and conserve the overlapping EEZ that are rich in fish resources. This article is written to urge government to propose provisional arrangement to Vietnam. Through juridical normative methods based on the international and national rules as well as comparative practices, provisional arrangement is possible to be made. The government is urged to set detailed arrangement that can have a positive impact on fishers and the country’s economy together with the conservation of natural resources in the area concerned.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 13 NO. 2, 2020
The 2020's second edition of Indonesian Law Journal Volume 13 has been published. The discussion topic of this edition is The Impac of COVID-19 Pandemic on Legal System. This edition presents 6 (six) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law.