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All Journal Jurnal Ilmiah Hukum LEGALITY Hang Tuah Law Journal
Chomariyah, Chomariyah
Faculty of Law, University of Muhammadiyah Malang
Law, Crime, Criminology & Criminal Justice Social Sciences

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THE LEGAL CONSEQUENCES OF CHINA’S OBJECTION AGAINST PERMANENT COURT OF ARBITRATION’S AWARDS ON INTERNATIONAL LAW Winardi, Winardi; Chomariyah, Chomariyah
Hang Tuah Law Journal VOLUME 2 ISSUE 2, OCTOBER 2018-MARCH 2019
Publisher : Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i2.68

Abstract

South China Sea (SCS) dispute has been running for so long. The claimant states keeps endeavoring various resolutions to settle that dispute, either through reconcilement by their own choice or under several compulsory procedures provided by UNCLOS 1982 (Convention). Considering the content of UNCLOS 1982, one of the claimant states, Philippines, brought the dispute to PCA unilaterally against China which objected the jurisdiction along with its final award through official government statements and verbal notes. China was found violating International Law based on the principle of Pacta Sunt Servanda. Nine Dash Lines claimed based on Historic Rights are still retained by China. The procedures should lead to a permanent resolution by International Community to avoid any possible armed conflicts, including the likelihood that Historic Rights turned into Customary International Law.
NEEDED TO REGIONAL COOPERATION TO COMBAT PEOPLE SMUGGLING IN INDONESIAN WATERS Chomariyah, Chomariyah
Hang Tuah Law Journal VOLUME 1 ISSUE 2, OCTOBER 2017-MARCH 2018
Publisher : Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i2.30

Abstract

People smuggling is a growing global crime that exposes thousands of migrants to unacceptable risks and challenges the integrity of international borders. In the last two decades, globalization and conflicts have seen an increase international migration flows. People smuggling is not a new phenomenon in Indonesia. It has developed steadily over the last 10 years in response to the increased demands of asylum seekers and refugees attempting to reach Australia by boat. Among the convicted people smuggling organizers are a number of rejected asylum seekers who stayed on in Indonesia for years. Some smugglers are former refugees but now hold Australian citizenship, granted to them after regular resettlement. Indonesia recorded nine boat accidents involving 728 asylum seekers in 2012, while in the following year the number rose to 23 involving 615 victims. Operation Sovereign Borders and they turn-back-the-boats policy from Australia, from December 2013 to March 2014, there were seven occurrences of boats being turned back to Indonesian waters. The result of research show that first, Indonesian government need regional cooperation to handling treated people smuggling in Indonesian waters. Regional cooperation would be a win-win solution for both countries. And second, the regional cooperation should be in line with prevailing Indonesian legislation
THE RESPONSIBILITY OF COASTAL STATES AGAINST THE SHIP CRASH IN INTERNATIONAL STRAIT (MALACCA STRAIT) Asdiana, Femmy; Chomariyah, Chomariyah; Dewanto, Wisnu Aryo
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018-SEPTEMBER 2018
Publisher : Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.42

Abstract

Malacca Strait is globally recognized as a strait for international shipping as mentioned in UNCLOS 1982 and is under the sovereignty of three states; Indonesia, Malaysia, and Singapore. Seeing the position of Malacca Strait that becomes the most crowded lane of international trade and oil, it often raises problems in navigation. In addition, many rocks, corals and strong waves may increase the potential of ship wrecking, sinking, and crashes. In regard to the safety issue of shipping lane in Malacca Strait, it becomes the responsibility of the coastal states and thus, they should organize an integrated safety management among them, particularly in Malacca Strait. They are Indonesia, Malaysia, and Singapore. The safety assurance of shipping in Malacca Strait may increase the global economy as international oil trading and distribution is well-conducted, and finally it may increase the economy of the coastal states in Malacca Strait.
PELAKSANAAN MANAGEMENT PROCEDURE PENGELOLAAN SUMBERDAYA IKAN BERKELANJUTAN DI INDONESIA Chomariyah, Chomariyah
Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (306 KB) | DOI: 10.22219/jihl.v25i1.5986

Abstract

At the eighteenth annual meeting of the CCSBT agreed on the use of Management Procedure (MP) as a guide to total allowable catches globally against Southern Bluefin Tuna. It aims to ensure that the biomass of fish stocks can reach the target redevelopment of up to 20%. CCSBT set the allowable catch based on the results of the MP. MP aims to maintain the stability of the fishing industry reduces the possibility of the number of catches in the future to decrease. Three-year period total allowable catches globally is; 2014 is 12 449 tons, year 2015-2017 is 14 647 tons and 17 647 tons Year 2018-2020 be included ndonesia. Implementation Management Procedure by Indonesia is a resource management strategy that allows the fish formally to ensure that the fish resources can be utilized in a sustainable manner.
Co-Authors Asdiana, Femmy Birahayu, Dita Hidayatullah, Rizky Winardi Winardi Wisnu Aryo Dewanto