Tinjauan Yuridis terhadap Kapal Militer Tiongkok yang memasuki wilayah laut Indonesia berdasarkan UNCLOS 1982: Studi Kasus tahun 2016-2021 = Juridical analysis of Chinese military ships entering Indonesian Sea Areas based on UNCLOS 1982: 2016-2021 Case Study

Kurniawan, Dendi (2021) Tinjauan Yuridis terhadap Kapal Militer Tiongkok yang memasuki wilayah laut Indonesia berdasarkan UNCLOS 1982: Studi Kasus tahun 2016-2021 = Juridical analysis of Chinese military ships entering Indonesian Sea Areas based on UNCLOS 1982: 2016-2021 Case Study. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

International Law has reign most interactions between States in the sea. The practice of illegal transshipment is a serious issue as it falls within both theft mode and smuggling through the transfer of cargo from one ship to another that occurs at sea. Including a crime which committed in the territory of one state but involving parties from another state or more. Dispute on the South China Sea, Especially on the two groups that spratly and paracell involving 6 countries such as China, Taiwan, Vietnam, the Philippines, Malaysia and Brunei. The military activity spike in the disputed area generated a lot of the incidents between military force. Obscurity of area ownership and high activity of the military could jeopardize security and order in. The research analyses the legal status of South China Sea and whether placement of each country military force in the dispute on the south china sea was justified by international law. The results of this research showed that Freedom of Navigation s one of the main principles of UNCLOS 1982. However, n fact dozens of ships with the PRC flag are not only sailing, but fishing llegally. On the other hand, CCG also entered the EEZ, accompanying the fishing vessels with the aim of guarding and protecting them from all forms of disturbance, ncluding from the actions of ndonesian law enforcement vessels. at least two violations occurred. First, the violation of ndonesia's sovereign rights by China fishing vessels. Second, the CCG's actions that hinder the law enforcement of the Republic of ndonesia as regulated n Article 73 (par. 1-4)The study aims to determine the jurisdiction of states in enforcing laws including in criminal matters that occurred over its sea where the country has sovereign rights, especially when the involvement of 3rd states party in the law enforcement on a ship which not entered into its territory, yet indicately committed a violation of the law in some states water area, this paper also study how the responsibility of 3rd states party towards of flag states of ships who feel harmed. This article was written using normative research methods with a statutory, historical and conceptual approach explaining efforts from international organizations in resolving the issues of accountability of countries involved in the problem of Illegal Transshipment at sea in the 1982 UNCLOS perspective especially the process of law enforcement and dispute resolution by the International Tribunal for the Law of The Sea (ITLOS).
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Kurniawan, Dendi
NIM01051180216
dendiutomo71@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Parluhutan, Dian
NIDN9903021791
dian.parluhutan@posteo.de
Thesis advisor
Luna, Laurenzia
NIDN0312089201
laurenzia.luna@uph.edu
Uncontrolled Keywords: UNCLOS; economic exclusive zone; South China Sea
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: Users 8642 not found.
Date Deposited: 11 Feb 2022 08:31
Last Modified: 10 Mar 2022 04:42
URI: http://repository.uph.edu/id/eprint/45848

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