Articles
<![CDATA[COMBATING PIRACY: THE INDONESIAN CASE ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Jurnal Media Hukum Vol 20, No 1 (2013) ]]>
Publisher : <![CDATA[Jurnal Media Hukum ]]>
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<![CDATA[Piracy at sea has been a threat to international navigation ever since the sea traverse by ships from west to east and north to south. Threat to international trade has resulted to various efforts in combating piracy regionally as well as internationally. International law has differentiated between piracy and sea-armed robbery, while the first requires regional or international cooperation due to universal jurisdiction, the second will directly fall under the jurisdiction of coastal state. Strait of Malacca has been used by international navigation and very fragile to the threat of piracy or even appropriately called as sea armed robbery since most of the time happened in the part of Indonesian territorial sea. Various efforts to combat piracy have been carried out by Indonesia including to cooperate with Malaysia and Singapore. This article discuss about piracy at sea, its legal definition and effort to combat piracy.Key Words: Piracy, International Law, Universal Jurisdiction]]>
<![CDATA[Indonesian Case on Illegal Migrant ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[Indonesia has faced the problem of illegal immigrants for a long time, especially with the rise of war in other countries or other forms of oppression against a party who then makes them leave the country with the hope to live in another country better off than where they originated. The issue of "illegal migrants" itself has gained a lot of international attention as well as international talks that discussed the problem and how to overcome it. Policies and mitigation measures carried out so far can not address the problem of illegal immigration effectively, which force Government of Indonesia to accommodate those who are awaiting receipt of the status of refugees ("Refugee") and the opportunity to leave to Australia. It requires comprehensive and effective arrangements in tackling this includes identifying relevant agencies that should cooperate in the supervision and law enforcement action]]>
<![CDATA[Praktik Pembederaan Kembali (Reflagging) pada Kapal Penangkap Ikan ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[The issue of fishing vessel has been a major concern in the coastal state such as Indonesia. In fact it has been considered a serious matter to be governed and regulated in international law regime. United Nations Convention on the Law of the Sea (UNCLOS) 1982 has enacted that there shall be conservation measures especially in regard to highly migratory fish stocks and straddling fish stock. Unfortunately, there is fraudelent practice of fishing vessel to do a “reflagging” as a means to obtain the right to fish by ignoring the conservation measures upon fisheries resources in the high seas. There are at least four major international measures that have been formed by states to address these problems either directly or indirectly, those are The Agreement to Promote Compliance with the International Conservation and Management Measures by Fishing Vessels on the High Seas (1993 FAO Compliance Agreement), The Agreement for the Implementation of the Provisions of the 1982 UNCLOS Relating to ther Conservation and Management of Straddling Stocks and Highly Migratory Fish Stocks 1995 (UNIA 1995), Code of Conduct for Responsible Fisheries (CCRF) and International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA IUU).]]>
<![CDATA[REVIEW OF INDONESIAN LEGAL ARRANGEMENT ON TUNA FISHERIES ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[High seas fishery is very strategic to Indonesia mostly because of tuna fisheries in which Indonesia plays a quite substantive role as the major tuna exporting country in the world. International law provides comprehensive high seas management system through the adoption of various treaties and the establishment of regional fisheries management organizations (RFMOs). Challenge to Indonesian Government thus whether Indonesia could apply genuinely the high seas fishing management measures and comply with RFMOs of which Indonesia is member. Substantial rules and regulations have been adopted by Indonesia and yet the major question remains whether Indonesia is ready to exercise its obligations under high seas fisheries regime.]]>
<![CDATA[Kedudukan Hukum Internasional dalam Sistem Hukum Nasional ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[In every discussion regarding international law principles, the doctine of applicaion of treaties in national legal system, as usually reffered as the relaton between international law and national law, always becomes the major topic. States have its own way to determine the relation between two legal systems, as to consider which treaties would be directly applied in national legal system and which ones would need implementing regulations after its ratification.]]>
<![CDATA[MARITIME SECURITY IN SOUTH EAST ASIA: INDONESIAN PERSPECTIVE ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Maritime security is an important issue particularly for the archipelagic state. As the largest archipelagic state in the world, Indonesia has its own responsibility to guard its waters from any threat. Indonesian waters have been used for centuries to accelerate international trade. In addition, Indonesia needs to address its boundary problems, handling of piracy, combating Transnational Organized Crime, such as, human trafficking, drugs trafficking, and human smuggling. This article explains on Indonesian perspective of the maritime security in South East Asia.]]>
<![CDATA[European Union dalam Hukum Internasional ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[European Union has developed from just merely economic coooperation into much stronger bond among its Member States to include unified currency and common foreign security principle. Nevertheless the biggest challenge for European Union is its own status the intern ational law, whether it obtains status as an international legal person whilst eventually will enable it to play more influental role in international community such as the formation of international relation. This article will observe this issue by brought up the internal debates on European union status in international law.]]>
<![CDATA[Beyond the Northwest Forest Plan ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The United States of America be the main actors in the wood industry. That condition has become a burden by the government of the United States of America because the increase the pressure from the expert in the environmental field, which more support do the reforestation rather than deforestation. The changing role from the main wood exporter to the main wood importer, caused the national market of the United States of America get a loss, like raise the price of wood product. The conflict between the United States of America with Canada related to wood product become a concern by the stakeholders, and made Bush’s government make a new wood policy which regulates the reforestation and healthy forest programme. This article is trying to discuss the situation about the United States of America’s policy in wood production.]]>
<![CDATA[SUSTAINABLE FISHERIES IN SOUTHEAST ASIA ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesia Law Review ]]>
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<![CDATA[Fisheries activity has increased significantly in number. As a result, we might see high investment in fisheries is due to the high demand for fish and fisheries products. Therefore, marine resources as well as other living resources are at risk in being harmed by excessive fisheries activities, for example: the use of trawl. Indonesia, as a Maritime State, need to impose sustainable fisheries because the principle of utilizing sustainable fisheries resources as adopted in the Law on Fisheries (Law No. 31 Year 2004 as amended by Law No. 45 Year 2009) to control fishery activities.Fishery activities are regulated not only by the Law on fisheries but also international regulation adopted worldwide such as the Code of Conduct for Responsible Fisheries (CCRF). CCRF was prepared to include primary principles to elaborate the mechanism of fishery activities which is designated not to cost harmful damages in fisheries activities. CCRF is also accompanied by several technical guidelines that provide certain procedures to be applied to (1) fishing operations; (2) the precautionary approach as applied to capture fisheries and species introductions; (3) integrating fisheries into coastal area management; (4) fisheries management; (5) aquaculture development; and (6) inland fisheries. Consequently, CCRF is intended to cover any kind of fishery anywhere in the world not just marine capture fisheries, but also freshwater fisheries as well as aquaculture both marine and freshwater aquaculture. Excessive fishery activities would then not be harmful if Indonesia is willing to impose regulation which is significantly and effectively to manage these kind of fishery activities. Along with the fact that Indonesia is recognized as a Marine State, there is no reason to hold back in addressing this situation.]]>
