Electronic Theses and Dissertation
Universitas Syiah Kuala
NULL
JURIDICAL ANALYSIS OF INTERNATIONAL PERMANENT COURT OF ARBITRATION AWARD OF 12 JULY 2016 REGARDING SOUTH CHINA SEA DISPUTE AND ITS IMPACT FOR INDONESIA
Pengarang
LILIS RAHMAWATI - Personal Name;
Dosen Pembimbing
Nomor Pokok Mahasiswa
1603101010256
Fakultas & Prodi
Fakultas Hukum / Ilmu Hukum (S1) / PDDIKTI : 74201
Subject
Kata Kunci
Penerbit
Banda Aceh : Universitas Syiah Kuala., 2021
Bahasa
Indonesia
No Classification
-
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ABSTRACT
LILIS RAHMAWATI,
2020
Nellyana Roesa, S.H., LL.M
The provisions regarding International Maritime boundaries have been regulated significantly under UNCLOS 1982, one of the maritime boundaries set in UNCLOS is related to Exclusive Economic Zones boundaries, which regulated in Article 55 of UNCLOS 1982, “The Exclusive Economic Zones is an area under which the rights and jurisdiction of the coastal state” the breadth of this zone set in article 57 does not extend beyond 200 nm from the baselines. According to “historic rights”, China has breached these provisions by established the nine-dash line in the South China Sea and it gives impact to other states including Indonesia’s EEZ in Natuna waters. Therefore, the juridical analyze is needed to analyse the International Permanent Court of Arbitration Award of 12 July 2016 regarding the South China Sea dispute between Philippines and China and its impact to Indonesia.
This study aims to find out the legal argument of the International Permanent Court of Arbitration Award of 12 July 2016 in the South China Sea and to find out the impact of the International Permanent Court of Arbitration Award of 12 July 2016 in South China Sea to Indonesia.
This research used normative legal research method of collecting the primary and secondary data and analyzing the award of the International Permanent Court of Arbitration Award of 12 July 2016 in the South China Sea and to find out the relevant rules by seeing the implementation of the law in the reality. The approach used was qualitative approach in the normative juridical approach.
According to the International Permanent Court of Arbitration Award of 12 July 2016, the tribunal stated that China does not have a legal basis to claim the area into its jurisdiction and contradicts the provisions in UNCLOS 1982. This award could refer to Indonesia in maintaining its territory from China’s claim because Indonesia has already maintained its territorial based on the International provision (UNCLOS 1982) to its national law.
China should respect the award of the International Permanent Court of Arbitration Award of 12 July 2016 in South China Sea and Indonesia should take any decisive actions against China’s claim in the Natuna waters as Indonesia’s Exclusive Economic Zones.
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