Yana Sylvana
Health Law Postgraduate Student, Pembangunan Negeri Veteran Jakarta University

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Review of Legal Protection of Indonesia in Australia Tapping Case Hanna Wijaya; Yohanes Firmansyah; Yana Sylvana; Michelle Angelika S
International Journal of Social Science and Religion (IJSSR) 2022: Volume 3 Issue 1
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v3i1.15

Abstract

Several facts show that Australia has done several times wiretapping efforts against Indonesia. It is generally known that action tapping is an act of collecting information in secret diplomatic relations of a country. This journal is meant for analyzing the principle of the prohibition of wiretapping in the National Law, legal protection, and legal remedies that can be taken by Indonesia in the case of wiretapping. The research method used in this study is juriditve normative. This research analyzes relevant international treaties, case approaches, legal concept analysis approaches, and comparative approaches. The results of the study legally tapping is prohibited by law and international human rights based on the Universal Declaration of Human Rights (UDHR) in 1948, the International Covenant on Civil and Political Rights (ICCPR) in 1966, the European Convention for the Protection of Human Rights and Fundamental Freedoms (1958) and the 1961 Vienna Convention. While in the national law, the prohibition of tapping is provided in Article 28G paragraph (1) of the 1945 Constitution, Article 32 of law No. 39 of 1999, Article 40 of Law No. 36 of 1999, Article 31 paragraph (1) of Law No. 11 of 2008, and Article 31 paragraph (2) of Law No. 11 the Year 2008. concluded, juridically tapping is an act prohibited under international law and human rights In international law, Indonesian national law prohibits wiretapping. Indonesia has signed the Code of Conduct on Framework for Security Cooperation to prevent wiretapping. Besides, Indonesia can also bring wiretapping cases to the International Court of Justice because the Defense Signals Directorate (DSD) is the Australian government's official intelligence agency. The behavior of relations between countries and tapping as done by Australia to Indonesia appears to have shifted the meaning no longer as a crime but rather a violation of the diplomatic code of ethics.
The Role of the WTO in Mediate Dispute Palm Oil Between Indonesia and the European Union Yana Sylvana; Yohanes Firmansyah; Hanna Wijaya; Michelle Angelika S
International Journal of Social Science and Religion (IJSSR) 2020: Volume 1 Issue 3
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v1i3.16

Abstract

Several major European countries, such as France and Germany, have included CPO in the list of non-environmentally friendly products. Some countries impose additional import duties because CPO is considered as damaging as alcohol. This research is descriptive and uses a normative juridical approach. There are several demands put forward by the European Union for palm oil entering its territory, these demands include the importation of palm oil, either for food or for industrial purposes. Hence, the European Union requires sustainable palm oil production. Besides, the European Union believes that the use of palm oil for fuel production will endanger the sustainability of other foodstuffs, especially for the poor. The European Union's accusation of environmental threats is considered impure as environmental protection. Many argue that the accusation is only a political step by the European Union in anticipating the development of exports of Indonesian CPO products to Europe.
Review of International Law (Lex Specialis) on the Problems of the South China Sea (SSS) Boundary Conflict and the View of Indonesia's Diplomacy Yohanes Firmansyah; Yana Sylvana; Hanna Wijaya; Michelle Angelika S
International Journal of Social Science and Religion (IJSSR) 2021: Volume 2 Issue 2
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v2i2.17

Abstract

The South China Sea (SCS) is a geographical area that is rich in natural resources such as crude oil and is a very strategic area of ​​the economy. The SCS is surrounded by several littoral states which cause conflicts between coastal countries over the right to power over South China. There are at least 9 countries conflicting with each other in the SCS, such as the People's Republic of China (PRC), Taiwan, Malaysia, Vietnam, the Philippines, Brunei Darussalam, Burma and Indonesia. The problem became even more serious when the Declaration of Decision of the International Court of Justice or the Permanent Court of Arbitration (PCA) as the highest international institution was opposed by China because it was considered detrimental and weakening China's power. This research aims to specifically discuss the geographical position of the SCS and international law (especially UNCLOS), diplomacy issues in the maritime sector, how to regulate sea areas according to international law and disputes that occur in the SCS and the role of Indonesian diplomacy in responding to the decision of the Permanent Court of Arbitration (PCA)
Implementation of International Relations on Illegal Fishing Activities by Chinese Fisherman in the Exclusive Economic Zone of the Republic of Indonesia Natural Island Michelle Angelika S; Yohanes Firmansyah; Hanna Wijaya; Yana Sylvana
International Journal of Social Science and Religion (IJSSR) 2020: Volume 1 Issue 2
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v1i2.18

Abstract

The territorial sea is the area of the sea zone closest to the coast, entirely subject to coastal sovereignty. Meanwhile, what is meant by the Economic Exclusive Zone is an area outside and adjacent to the territorial sea whose boundaries are 200 nautical miles measured from the base of the coast. The northern Natuna Islands are an Indonesian territorial area included in the Economic Exclusive Zone of the Republic of Indonesia. In areas that are the source of the power of nature are plentiful, including a source of power sea. It's led to interest from the foreigners to master the source power. The state of China announced that territory northwest china south is the territory of china based Map nine-dash line, which triggers the occurrence of the disputed territory of sea between Indonesia and china because it crosses the boundary north is Natuna Island the impact on the ships of foreign without permission to enter and steal the source power of nature in the Economic Exclusive Zone of the Republic of Indonesia because it is the actual effort of government Indonesia to eradicate illegal fishing both through relationship diplomacy maritime and businesses more. Researchers using qualitative descriptive research. The methodology of qualitative as the procedure of research that produces the descriptive data form of words written or spoken of people and behaviors that can be observed.