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All Journal JURNAL MAGISTER HUKUM UDAYANA Masalah-Masalah Hukum Yustisia Journal of Indonesian Tourism and Development Studies Jurnal Ketahanan Nasional ECSOFiM (Economic and Social of Fisheries and Marine Journal) Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Media Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Ilmiah Hukum LEGALITY Hasanuddin Law Review Bina Hukum Lingkungan Jurnal Jatiswara Media Iuris International Journal of Environmental, Sustainability, and Social Science International Journal of Educational Review, Law And Social Sciences (IJERLAS) Indonesian Journal of International Law Jurnal Multidisiplin Madani (MUDIMA) Bina Hukum Lingkungan Asian Journal of Law and Humanity
Dhiana Puspitawati
Brawijaya University
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Journal : Indonesian Journal of International Law

 1 
Law Enforcement at Indonesian Waters: Bakamla vs. Sea and Coast Guard Puspitawati, Dhiana; Hadiyantina, Shinta; Susanto, Fransisca Ayulistya; Apriyanti, Nurul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This 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.
Indonesia’s Archipelagic State Status: Current Development Puspitawati, Dhiana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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A crucial, almost revolutionary, development in the international law of the sea was the recognition of archipelagic state principles within the United Nations Convention on the Law of the Sea 1982 (LOSC). The essential features of archipelagic state principle laid down by Part IV of LOSC include permission to draw straight archipelagic baselines around the outermost points of the outermost islands of archipelagos; and the recognition of the new and distinct legal regime of archipelagic water for the waters thus enclosed of a nature designed to accommodate the interests of maritime user states, that are states which carry out certain activities, including navigation, in the water areas falling under the jurisdiction of archipelagic states. Since this principle has been Indonesian national philosophical outlook even before the adoption of LOSC and provided within Article 25 (a) of the Indonesian Constitutions, it is submitted that all Indonesian national legislations related to ocean affairs should be based on the archipelagic state principles. This study looks at the legal application of archipelagic state principles in Indonesia within the framework of contemporary ocean governance principles. This paper argued that current development on Indonesian law of the sea as well as ocean governance shows less commitment to archipelagic state principles. Thus, it is submitted that archipelagic state principles should be re-stored as the basis of all ocean related legislations and governance.
Urgent Need for National Maritime Security Arrangement in Indonesia: Towards Global Maritime Fulcrum Puspitawati, Dhiana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Under President Joko Widodo’s administration, Indonesia’s archipelagic outlook has been re-asserted as the basis of Indonesia’s foreign policy, by introducing the concept of Global Maritime Fulcrum (GMF). GMF is aimed put Indonesia as a single maritime power with considerable diplomatic influence in becoming a central role in two vast maritime regions. The implementation requires the maintenance of three key areas national sovereignty, maritime security and regional stability. While the scope of maritime threats has been broaden, the establishment of maritime security should encompasses at least three key areas, namely settling unresolved maritime border with neighboring countries; combating illegal, unreported and unregulated fishing as well as other illegal exploitation of ocean resources; and combating maritime piracy and armed robbery at sea. Unfortunately those are the biggest problems Indonesia has over security and stability of Indonesia’s maritime. Such problems are mainly due to the lack of national maritime security arrangement. The existing national legal frameworks in maritime security issues are still very sectoral in nature. In addition, inconsistency between existing domestic legal framework with international legal framework, and a non-updated existing legal framework raised problems with regard to the law enforcement at sea. This paper analyses Indonesia’s current sectoral legal framework on maritime security towards the achievement of GMF. It is argued that in maintaining national sovereignty, maritime security and regional stability, single national maritime security arrangement is needed.
Co-Authors Abdullah Said Abraham Mohammad Ridjal Adi Kusumaningrum Adi Kusumaningrum Adi Kusumaningrum Airin Liemanto Andryawan Perdana Dista Agara Apriyanti, Nurul Asyifa Anandya Budi Santoso Dewi Cahyandari Dewi Cahyandari, Dewi Diah Pawestri Maharani Diah Pawestri Maharani Edi - Susilo Eka Yudha Kurniawan Hartatik Hartatik I Nyoman Adi Pardana Kristiyanto Kristiyanto Kristiyanto, Kristiyanto Mentari Puspa Wardani Milda Istiqomah Moelyadi Moelyadi Moh Fadli Moh. Fadli Moh. Fadli Mustafa Luthfi Nuddin Harahab Pardana, I Nyoman Adi Prakoso, Lukman Yudho Priesty Yustika Putri Priesty Yustika Putri, Priesty Yustika Prija Djatmika Prija Djatmika, Prija Rachmi Sulistyarini Rachmi Sulistyarini Rachmi SULISTYARINI Rangga Vandy Wardana Rangga Vandy Wardana Sarah Savira Shinta Hadiyantina Shinta Hadiyantina Sihabudin Sihabudin Sihabudin Sihabudin, Sihabudin Sukardi Sukardi Supriyadi Supriyadi Susanto, Fransisca Ayulistya Tahir Luth Teddy Minahasa Putra Thohir Luth Ummu Salamah Ummu Salamah Ummu SALAMAH Zaenal Fanani