INTERNATIONAL JOURNAL OF LAW ... - Ejournal2 Undiksha

(1)

18 Available online at https://ejournal2.undiksha.ac.id/index.php/IJLTC/issue/archive

REGULATION AND POINTS OF VIEW OF INTERNATIONAL LAW AGAINST THE SEA, IN THIS CASE THE INTERNATIONAL LAW OF THE SEA

Pande Gde Adhyadnyana Janadhipa

Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha, Email: pande.gde@undiksha.ac.id

Info Artikel Abstract Masuk: 1 April 2022

Diterima: 23 Mei 2022 Terbit: 1 Juni 2022 Keywords:

International Law, International Law of the Sea, UNCLOS.

Corresponding Author:

Pande Gde Adhyadnyana Janadhipa,email:pande.gde@u ndiksha.ac.id

As one of the branches of law, of course, International Law has a big role in matters related to the international world . This International Law has a very broad scope, and one of them is related to the "Sea" which is discussed specifically in the International Law of the Sea. The International Law of the Sea regulates everything related to the ocean, from the terms of territory to its preservation and protection. But behind that, there is a long series of history between the two. UNCLOS (United Nations Convention on the Law of the Sea) also has an important role and role in its regulation of the sea on an international scale.

(2)

Introduction

Water is the source of life for living things without exception, including us humans. There are many springs that are familiar to us such as rivers and also the sea. In this discussion, I will focus on discussions related to the sea, especially with regard to the International Law of the Sea. Please note, this law of the sea is a branch of International Law which since the end of World War II has undergone revolutions and also changes adapted to development and guidance of the times. The law of the sea has a large and very important role in regulating the extent to which the state has power over the sea and all kinds of wealth that exist in it. Initially, the law of the sea was only limited to regulating activities that took place above sea level, but now the regulations have changed and expanded their scope up to the bottom of the sea and the wealth (minerals) in it. ¹ In recent decades , the law of the sea has gone to great lengths to regulate the exploitation of seabed areas that have been declared the heritage of the people man, in order not to simply regulate the extent to which the coast can take wealth on the bottom of the sea and its surface. ²

The existence of this International Law of the Sea becomes very important and needs its existence because as we know part of the earth's surface consists of waters, mainly oceans. The ocean has a million riches in it which includes biota, minerals, mines and much more. Given the preciousness of the wealth stored in the oceans, it is certainly necessary to also need strong regulations and regulations to be able to maintain and protect marine ecosystems so that not misused by irresponsible individuals.

There are so many benefits of the sea that we can feel directly, starting from the scenery that we often make as a destination to fill vacation time, as a source of natural wealth, as a means of transport, a port where ships dock, a means to lay submarine cables and pipes , as a means for undersea scientific research, and still more. ³ Because of the variety of functions and uses of the sea that we can feel, it also seems to be a grab and claim from other countries to be able to control wealth the sea is as a whole.

In addition to protecting the wealth in it and avoiding the mutual seizure of sea power, the preservation of the sea itself is also very important to be maintained. Because as we know the state

1 Wirawan Hipatios. Hukum Laut Internasional : academia.edu. Pg. 1

2 Ibid.

3 Ningrum Hestika. 2014. Sejarah Perkembangan Hukum Laut Internasional. Lampung : academia.edu. Pg 2.

(3)

of the sea is getting worse over time. There are so many seas that have been polluted by the actions of hands – dirty hands of humans who only care about themselves. Before all gets worse and it's too late to address it, there must be a solution to be able to tackle all the worst possibilities, and the answer is of course the International Law of the Sea.

Discussion

International Law In General, And A Brief History Of Its Development.

International Law is a term first used by Jeremy Bentham in 1780 in his book "Introduction to the Principles Of Moral and Legislation". ⁴ There are actually many other terms that are used and have the same purpose, as is the case with the law of nations (The Law of Nations) or the law among nations ( international law ), but International Law is the most acceptable term for the general public⁵. Regarding the meaning or definition of International Law, it has a close relationship and relationship with history and its development. The first thing we can see is that in the early days of its growth in ancient times, International Law was interpreted as a law that regulates relations between states. It is closely related to the state which is the only subject of International Law, so that whatever is now referred to as International Law it is known as Law Inter-state law . ⁶ Continuing in the centuries before and around the middle ages as well as the next century, there emerged the notion of the "State of Nationality" because the country was authenticated with the nation. With the birth and development of the understanding of nationality and nationality, it had an impact on the term International Law with the emergence of new terms that as I have already write down earlier, namely the Law among Nations (the law among nations) or the Law of Nations (the law of nations), which both things have a purpose which is the same as International Law⁷.

After the end of World War 2, the number and variety of countries grew, and automatically international relations or associations became more widespread with respect to their increasing subjects, both it is in terms of number and type, which then results in the terms Interstate Law, International Law and even though the Law of Nations – Nations has been viewed as incompatible and in line again as time went on. And after that, the term International Law was introduced. The term International Law then became more popular because of its use which is more relevant and

4 Latipulhayat Atip. 2020. Hukum Internasional, Sumber Hukum. Bandung: Sinar Grafika. Pg. 1

5 Ibid.

6 Mangku DGS. 2021. Pengantar Hukum Internasional. Penerbit Lakeisha. Pg 1

7 Ibid.

(4)

reflects its relevance than the use of the term interstate law or the law of nations. However, the term International Law has not been fully used, because scholars or experts in international law still use the term interstate law. or the law of nations – nations in their work, for still considering the term to have the same meaning and substance ⁸.

Apart from the controversy debate, International Law is actually a set of legal provisions that regulate and apply to countries in their relationship with each other. International Law itself has the aim of being able to create order and justice in society on an international scale. This International Law will create a framework and pattern of international relations that is then agreed upon by the international community by accommodating all the interests of members of society internationally.

International Law also provides a forum or means of resolution in the event of a conflict or problem that concerns members of the international community in the future. Referring to this, it can be known that International Law is intended or has the main purpose of creating harmony, order and security in society international⁹.

International Law can also be interpreted as a set of legal provisions whose applicability is maintained by the international community. Given its position as a collection of legal provisions, International Law is certainly part of the law. And as part of the law, international law has fulfilled the elements that establish the meaning of law, namely the collection of provisions governing the behavior of insiders a society whose applicability is maintained by the "external power" of the society in question. Then as part of law in general, the purpose of International Law is to create order and justice in society, especially where it is enacted . ¹⁰

Then next, there is a definition of International Law that covers all aspects and substance of International Law itself, and here are the rules and aspects or principles – the principle in question :

1. Subjects of International Law such as states, intergovernmental international organizations, non-governmental international organizations, liberation organizations, holy sees, beligerence ( rebels or the party to the dispute ), a multi- or transnational legal entity, an individual along with another subject.

2. The rights and obligations of each of the subjects of International Law are mentioned above.

8 DGS Mangku. Op. Cit. Pg 2

(5)

3. The behavior of the subjects of International Law is in the first point, which contains international dimensions.

4. Objects of International Law, the number and variety of which are incalculable.

Such as sea, air, space, natural resources (SDA), events, natural conditions such as climate, weather and so on.

5. The legal relationship between the subjects of International Law mentioned in the first item above, in all spheres of international life. ¹¹

An understanding of the definition of International Law was put forward by Shearer as quoted by J. G. Starke and Alina Kaczorowska : "International Law may be defined as that body of law which is composed for its greater part of the principle and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relation with each other, and which includes also :

1. The rules of law relating to the functioning of international institutions or organization, their relations which each other, and their relations with state and individual.

2. The rules of law relating to individuals and non-states so far as the rights or duties of such individuals and non-states entities are the concern of the International Community.

Since International Law is stated to be a collection of laws, the definition rejects the notion that International Law is merely an international moral.¹²

Understanding international law of the sea.

International Law of the Sea is a set of legal norms that usher in legal relations between coastal states or those related to coasts confined by land and or organizations or other subjects of International Law. The regulation or regulation is about the sovereignty of the state over the sea, the jurisdiction of the state and the rights of the state to these waters. International Law of the Sea specifically studies the legal aspects of the sea and the legal events that occur at sea. ¹³

11 DGS Mangku. Op. Cit. Pg 6-7

12 DGS Mangku. Op. Cit. Pg 7-8

13 T1_312014185_BAB II.pdf (uksw.edu). Pg 13

(6)

The International Law of the Sea, which until now is the incarnation of the supremacy of a great maritime state in the ocean, is based on the doctrine of "mare liberum" or free sea. Hugo Grotius has thus undergone a transformation into a set of legal provisions that describes the balance between the interests of maritime states and non-maritime states that is better than before. ¹⁴

The description of the International Law of the Sea needs to begin with a discussion of the various functions of the sea intended for mankind. It is proven and recorded in history where the sea has had various functions, including:

1. A source of food for mankind.

2. The place of construction of roads or paths in carrying out the trade process.

3. Means of conquest.

4. The place where the battle took place.

5. As a recreation ( vacation place ) and fill free time.

6. A separating or unifying tool for the nation. ¹⁵

Along with the development and progress in the field of Science and Technology (science and technology), along with that the function of the sea also increases with the discovery of mining materials and valuable excavations on the seabed along with efforts to extract natural resources.¹⁶

Based on this presentation, it can be conveyed that the sea can now be used by mankind as Natural Resources in supporting their lives, shipping lanes, defense interests and security as well as various other interests. All the functions mentioned above that have been felt directly by humans, have also given impetus to the control and use of the sea by each country that has been based on a legal conception. ¹⁷

Development of the International Law of the Sea.

In one of the oldest branches of International Law, it is said that the law of the sea was used as a source of codification and progressive development of this law – the three United Nations Conferences – The nation was held in 1958. 1960 and 1973 – 1982. The development of the Law of the Sea has had a long history, but on the other hand it has become ambiguous and confusing by

14 Ibid.

15 Hashim Djalal. Perjuangan Indonesia : Badan Pembinaan Hukum Nasional. Departemen Kehakiman Binacipta.

Bandung. 1979 Pg 1

16 Ibid.

17 Ibid.

(7)

several factors that influence it. Such as the opinion of the author, the practice of the state, and also the trial of their respective conferences and consequent conventions. ¹⁸

As time goes on, it is acceptable that coastal states have the right to be able to acquire sovereignty and jurisdiction over the seas and their territory. As for the purpose of this acquisition , it is used for various purposes, and the security and defense factors are the first things that make countries start this process . The International Law of the Sea has been developed and refined over time for the benefit of mankind through the rules imposed by each country. The points of view and thoughts of experts as well as conferences on the International Law of the Sea have contributed to color the process of its development to date.

Battle 2 Conception in Roman

In roman times began to develop thoughts and also rules related to the sea. The functions of the sea that have been directly felt by humans provide impetus to the control and utilization of the sea by every country or kingdom that based on a legal conception. Then the birth of the conception of the International Law of the Sea cannot be separated from the history of the growth of the International Law of the Sea which recognizes the battle or fight between the following two conceptions this :

1. Res Communis, a conception that states that the sea is a common property of the world community, and therefore cannot be taken or owned by each country.

2. Res Nulius, the conception that states that the sea has nothing to do and therefore can be taken and owned by each country. ¹⁹

The growth and development between the two doctrines or conceptions began with a long history of the mastery of the sea by the Roman Empire. It was the Roman Empire that controlled the shores of the Mediterranean and therefore controlled the entire central ocean in absolute terms. And therefore, the mediterranean is free from the interference of pirates, which causes everyone to

18 Mazen Adi. The Application of the Law of the Sea and the Convention on the Mediterranean Sea, United Nations- Nippon Foundation Fellow 2008 – 2009, Division For Ocean Affairs and The Law of The Sea, Office of Legal Affairs, The United Nation, New York. 2009. Pp 7

19 DGS Mangku. Artikel Perlindungan dan Pelestarian Lingkungan Laut Menurut Hukum Internasional. Tanjungpura Law Journal : 2020, Pg. 162

(8)

safely use the Mediterranean. The Romans ' legal thinking of the sea was based on the doctrine of the res communis which assumed that the use of the sea was free or open to anyone. ²⁰

From a different side, in carrying out their power at sea, there are many signs that indicate that the romans' point of view of the sea is that it can be owned, wherein in those days the right of the coastal inhabitants to fish in the waters near its shores had been recognized. The ownership of a kingdom and state over the sea adjacent to its shores is based on the second conception of res nulius²¹. Based on the conception of res nulius, the sea could have been owned if the one who desired to have it was able to master by occupying it. In roman civil law, the term occupation is known as the conception of "occupatio". The picture of the situation or circumstances above then ends with the collapse of the Roman Empire coupled with the beginning of the emergence of various kingdoms and countries around the Mediterranean, each of which of them have been free and stand alone, in the sense that they have been detached from ties with others. Although the absolute rule of the Mediterranean Sea possessed by the Roman Empire had ended, the ownership of the ocean area after the death of the Romans was still enforced by the principles of roman law.²²

Medieval Times.

The countries that emerged and stood up after the collapse of the Roman Empire around the shores of the Mediterranean Sea, then demanded a portion of the sea bordering its shores. The following are some theories and things related to the event:²³

1. The theory of Bartolus and Baldus.

The need to be able to provide a theoretical basis for claims to the sea by the countries concerned, then gave rise to several theories put forward by Bartolus and Baldus, where they were two people famous jurist in the middle ages.

a. Bartolus.

He laid the foundation for the division of the sea into two, namely the part of the sea that is under the sovereign rule of the coastal state and the one outside it is the part of the sea that is free from anyone's power and sovereignty. In the future, this

20 Ibid

21 repository.uksw.edu. Hukum Laut Internasional. Pg 18-19

22 Ibid.

23 Ibid.

(9)

theory proposed by Bartolus will be the basis for the division of the two classical seas, namely the Territorial Sea (Territory) and the High Sea.

b. Baldus.

Unlike the conception or theory put forward by Bartolus, this theory can be said to be more advanced. Baldus distinguishes 3 conceptions related to mastery over the sea, namely:

• Ownership of the sea.

• Marine use.

• Jurisdiction over the sea and the authority to protect the interests of the sea²⁴.

c. In 1493.

An important event in the historical development of the International Law of the Sea is the division of the entire sea and also the oceans of the world into two parts with meridians of 100 leagues ( approximately 400 nautical miles ) which is the boundary, to the west of the Azores. The western part of the meridian includes:

• Western Atlantic Ocean .

• Gulf of Mexico.

• Pacific Ocean.

Which later all three became the property of Spain. And for the division of the eastern region consists of the Atlantic Ocean to the south of Marokko and the Indian Ocean which later belonged to Portugal. This is what Pope Alexander VI did in 1493 with a charter named "Inter Caetra".

The division of the entire sea and ocean between Spain and Portugal is in fact the division of the world into two spheres of power that are each – each declared to be under the sovereignty of the kings – the kings of Portugal and Spain which was an attempt to resolve the rivalry and also the dispute between these two Khatolic kingdoms

24 Ibid.

(10)

that had arisen since the fall of Constantinople (now called Istanbul) into turkish hands on the year 1453.

2. Battle of the Books.

This is where jurists express their opinions and argue with each other. Experts have an opinion that the free sea ( mare liberum ) is the opposite of the closed sea ( mare calusum ).

Here is the explanation:

• Mare Liberum.

In his book "On the Right of the Dutch to Sail the East Indies" published in 1609, the principle of freedom of the sea was put forward by Hugo Grotius. This book was written by him as a form of defense of the right of the Dutch or other people besides the Spaniards and Portuguese to be able to sail the seas. Also, his writing is aimed at defending the freedom of sailing at sea against the claims of the Portuguese and Spanish, this book also alludes to the freedom to fish , for according to him the matter of catching fish in the sea must be open to anyone, because the sea is a source of unlimited wealth.

• Mare Clausum.

It is the law of the Mare Liberum put forward by those who are opposed to Hugo Grotius. And the most intriguing was John Sheldon with his book "Mare Clausum : The Right and Diminion In The Sea (1636)". In his opinion, occupation is indeed important for ownership, but besides that history has proven that countries have exercised their power over the oceans. Therefore the sea is not "Mare Liberum" but "Mare Clausum"²⁵. 3. Cannon Firing Range and Origin – The Origin of the 3 Mile Territorial Sea Width Rule.

Based on research conducted by Riesenfield on the opinions and writings of International law scholars on the width limits of the territorial sea in the 19th and 20th centuries who largely adhered to the establishment of the cannon fire or 3 miles is a generally accepted terrial measure of sea²⁶.

A. Sources of International Law of the Sea

25 Ibid. Pg 26

26 Ibid.

(11)

It is known that the most important source of the Law of the Sea to this day is international custom. The birth of this international custom is the result of actions that are carried out continuously until it becomes a common habit accepted as a law on the basis of commonality needs at sea. This international custom is closely related to international treaties.

The legitimate source of the law of the sea is the result of the United Nations – Nations conference on the law of the sea held in 1958 and taking place in Geneva. This conference then managed to find several agreements as follows :²⁷

a) The Convention on the Territorial Sea and the Additional zone, which entered into force on September 10, 1964.

b) The convention on the high seas, which entered into force on September 30, 1962.

c) The Convention on fisheries and the Protection of High Seas Biological Resources, it came into force on March 20, 1966.

d) The Convention on the Continental Shelf, into force of which began on June 10, 1964.

The UN conference held in New York and Geneva also gave birth to the agreement of the UN Convention on the Law of the Sea or known as the "United Nations Convention on the Law of the Sea (UNCLOS)" in 1982 which can also be interpreted as a source International Law of the Sea. The Convention provides for the provisions of sovereignty in a whole and in a unified manner as an inseparable whole.²⁸

B. United Nations Convention on The Law of The Sea (UNCLOS) and Pollution of the Marine Environment.

"UNCLOS" is the law of the sea that grows and is developed through the struggle of coastal states, who are fighting and striving to expand their control over the sea area adjacent to the their coastline. ²⁹

28 Ibid.

29 Dianita Riva. UNCLOS : ZEE, Zona Tambahan dan Laut Teritorial : 2017

(12)

As the main legal instrument in the context of marine environmental protection, UNCLOS 1982 states the definition of pollution in the marine environment as follows:

"The inclusion of materials or energy by humans directly or indirectly into the marine environment that brings such adverse consequences such as damage to the wealth of the liver and and life in the sea, is harmful to human health, disruption to activities at sea including fishing and other legitimate use of the sea, deterioration of the quality of seawater use and reduced comfort".³⁰

UNCLOS 1982 then combined the limitations on marine pollution more broadly and mentioned the source of pollution from all aspects, such as land activities, offshore activities, activity at the bottom of the ocean, sewage disposal, ships and from the air or atmosphere. ³¹

Classification of marine pollution according to UNCLOS 1982, as contained in section 5 of International Regulations and National Legislation to prevent, reduce and control pollution of the marine environment, which includes:

1. Marine pollution originating from seafloor activities subject to national jurisdiction ( UNCLOS 1982, in article 207 ).

2. Marine pollution originating from activities carried out on the seabed subject to national jurisdiction (UNCLOS 1982, in article 208).

3. Marine pollution originating from activities around the area (UNCLOS 1982, in article 209).

4. Marine pollution caused by dumping or dumping waste (UNCLOS 1982, in article 210).

5. Marine pollution originating from water vehicles (UNCLOS 1982, in article 211).

6. Marine pollution originating or coming through the air ( UNCLOS 1982, in article 212 ).

Sovereign states have made every effort and effort to protect the sustainability and naturalness of their sea areas. Various strict actions have also been taken in accordance

31 Ibid. Pg 166

(13)

with existing provisions, but it does not necessarily rule out the possibility of accidents and omissions that can be alone pollutes the environment.³²

Conclusion

Through the aforementioned discussion, a conclusion can be drawn where International Law is a branch of Law in general, and International Law of the Sea is a branch of Law International itself.

International Law is a set or set of legal provisions that apply to countries in establishing relations with each other. The International Law of the Sea is a branch of International Law that regulates all activities carried out both above sea level and on the seabed, or it can be said to be an arrangement related to everything related to the sea. Between International Law and International Law of the Sea the same – both have a long series of events or histories behind it.

UNCLOS (United Nations Convention on The Law of The Sea) is a law of the sea that grows and develops through the struggle of coastal states, to be able to expand their control over the adjacent sea area with their coastline. And from UNCLOS, various conventions and regulations related to pollution in the marine environment have been raised that can occur, so that we can know and find ways to avoid it as much as possible.

Suggestion

The ocean is one of god's various graces that we should take care of and protect, not just explored and used as a place of recreation. Therefore, it never hurts for us to study and know how the law governs the ocean, and understand the substance that we must maintain and protect its preservation.

Daftar Pustaka

Wirawan Hipatios. HUKUM LAUT INTERNASIONAL. Academia.edu pg. 1

Ningrum Hestika. SEJARAH PERKEMBANGAN HUKUM LAUT INTERNASIONAL. Lampung : 2014.

Academia.edu. pg. 2

Latipulhayat Atip. HUKUM INTERNASIONAL : SUMBER – SUMBER HUKUM. Bandung : Penerbit Sinar Grafika. 2020. Pg 1

32 Ibid. Pg 166-167

(14)

Mangku, Dewa Gede Sudika. PENGANTAR HUKUM INTERNASIONAL. Penerbit Lakeisha : 2021.

Pg. 1 T1_312014185_BAB II.pdf (uksw.edu). Pg 13

Hasyim Djalal. PERJUANGAN INDONESIA DI BIDANG HUKUM LAUT : BADAN PEMBINAAN HUKUM NASIONAL DEPARTEMEN KEHAKIMAN. Penerbit Binacipta : Bandung. 1979. Pg.

1

Mazen Adi. THE APPLICATION OF THE LAW OF THE SEA AND THE CONVENTION ON THE MEDITERRANIAN SEA, UNITED NATIONS-NIPPON FOUNDATION FELLOW 2008-2009.

Division for Ocean Affairs and The Law of The Sea, Office of Legal Affairs, The United Nations, New York. 2009. Pg. 7

Mangku, Dewa Gede Sudika. ARTIKEL PERLINDINGAN DAN PELESTARIAN LINGKUNGAN LAUT MENURUT HUKUM INTERNASIONAL. Tanjungpura Law Jurnal : 2020. Pg. 18-19

repository.uksw.edu. Hukum Laut Internasional. Pg 18-19

Dianita Riva. UNCLOS : ZEE, ZONA TAMBAHAN, DAN LAUT TERITORIAL. 2017.

Mangku, D. G. S. (2012). Suatu Kajian Umum tentang Penyelesaian Sengketa Internasional Termasuk di Dalam Tubuh ASEAN. Perspektif, 17(3).

Febriana, N. E., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Upaya Perlawanan (Verzet) Terhadap Putusan Verztek Dalam Perkara No. 604/PDT. G/2016/PN. SGR Di Pengadilan Negeri Singaraja Kelas 1B. Ganesha Law Review, 2(2), 144-154.

Dewi, I. A. P. M., Yuliartini, N. P. R., & Mangku, D. G. S. (2020). Penegakan Hukum Terhadap Anak Dalam Pelanggaran Lalu Lintas Yang Menyebabkan Hilangnya Nyawa Orang Lain Di Kota Singaraja. Ganesha Law Review, 2(2), 121-131.

Rosy, K. O., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Peran Mediasi Dalam Penyelesaian Sengketa Tanah Adat Setra Karang Rupit Di Pengadilan Negeri Singaraja Kelas 1B. Ganesha Law Review, 2(2), 155-166.

Dana, G. A. W., Mangku, D. G. S., & Sudiatmaka, K. (2020). Implementasi UU Nomor 28 Tahun 2014 Tentang Hak Cipta Terkait Peredaran CD Musik Bajakan Di Wilayah Kabupaten Buleleng. Ganesha Law Review, 2(2), 109-120.

Mangku, D. G. S. (2021). Roles and Actions That Should Be Taken by The Parties In The War In Concerning Wound and Sick Or Dead During War or After War Under The Geneva Convention 1949. Jurnal Komunikasi Hukum (JKH), 7(1), 170-178.

(15)

Itasari, E. R. (2015). Memaksimalkan Peran Treaty of Amity and Cooperation in Southeast Asia 1976 (TAC) Dalam Penyelesaian Sengketa di ASEAN. Jurnal Komunikasi Hukum (JKH), 1(1).

Itasari, E. R. (2020). Border Management Between Indonesia And Malaysia In Increasing The Economy In Both Border Areas. Jurnal Komunikasi Hukum (JKH), 6(1), 219-227.

Sugiadnyana, P. R., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penyelesaian Sengketa Pulau Batu Puteh Di Selat Johor Antara Singapura Dengan Malaysia Dalam Perspektif Hukum Internasional. Jurnal Komunikasi Hukum (JKH), 6(2), 542-559.

Nasip, N., Yuliartini, N. P. R., & Mangku, D. G. S. (2020). Implementasi Pasal 14 Ayat (1) Undang- Undang Nomor 12 Tahun 1995 Tentang Pemsyarakatan Terkait Hak Narapidana Mendapatkan Remisi Di Lembaga Pemasyasrakatan Kelas II B Singaraja. Jurnal Komunikasi Hukum (JKH), 6(2), 560-574.

Sakti, L. S., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Tanggung Jawab Negara Terhadap Pencemaran Lingkungan Laut Akibat Tumpahan Minyak Di Laut Perbatasan Indonesia Dengan Singapura Menurut Hukum Laut Internasional. Jurnal Komunitas Yustisia, 2(3), 131-140.

Anggreni, I. A. K. Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Analisis Yuridis Pertanggungjawaban Pemimpin Negara Terkait Dengan Kejahatan Perang Dan Upaya Mengadili Oleh Mahkamah Pidana Internasional (Studi Kasus Omar Al-Bashir Presiden Sudan). Jurnal Komunitas Yustisia, 2(3), 81-90.

Arianta, K., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Perlindungan Hukum Bagi Kaum Etnis Rohingya Dalam Perspektif Hak Asasi Manusia Internasional. Jurnal Komunitas Yustisia, 1(1), 93-111.

Daniati, N. P. E., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Status Hukum Tentara Bayaran Dalam Sengketa Bersenjata Ditinjau Dari Hukum Humaniter Internasional. Jurnal Komunitas Yustisia, 3(3), 283-294.

GW, R. C., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Pertanggungjawaban Negara Peluncur Atas Kerugian Benda Antariksa Berdasarkan Liability Convention 1972 (Studi Kasus Jatuhnya Pecahan Roket Falcon 9 Di Sumenep). Jurnal Komunitas Yustisia, 4(1), 96-106.

Setiawati, N., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penyelesaian Sengketa Kepulauan Dalam Perspektif Hukum Internasional (Studi Kasus Sengketa Perebutan Pulau Dokdo antara Jepang-Korea Selatan). Jurnal Komunitas Yustisia, 2(2), 241-250.

Utama, I. G. A. A., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Yurisdiksi International Criminal Court (ICC) Dalam Penyelesaian Kasus Rohingnya Dalam Perspektif Hukum Internasional. Jurnal Komunitas Yustisia, 3(3), 208-219.

(16)

Widayanti, I. G. A. S., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penggunaan Tentara Anak Dalam Konflik Bersenjata Ditinjau Dari Perspektif Hukum Humaniter Internasional (Studi Kasus: Konflik Bersenjata di Sri Lanka). Jurnal Komunitas Yustisia, 2(2), 124-133.

Wiratmaja, I. G. N. A., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penyelesaian Sengketa Maritime Boundary Delimitation Di Laut Karibia Dan Samudera Pasifik Antara Costa Rica Dan Nicaragua Melalui Mahkamah Internasional. Jurnal Komunitas Yustisia, 2(1), 60-69.

Mangku, D. G. S. (2013). Kasus Pelanggaran Ham Etnis Rohingya: Dalam Perspektif ASEAN. Media Komunikasi FIS, 12(2).

Mangku, D. G. S. (2010). Pelanggaran terhadap Hak Kekebalan Diplomatik (Studi Kasus Penyadapan Kedutaan Besar Republik Indonesia (KBRI) di Yangon Myanmar berdasarkan Konvensi Wina 1961). Perspektif, 15(3).

Purwanto, H., & Mangku, D. G. (2016). Legal Instrument of the Republic of Indonesia on Border Management Using the Perspective of Archipelagic State. International Journal of Business, Economics and Law, 11(4).

Itasari, E. R., & Mangku, D. G. S. (2020). Elaborasi Urgensi Dan Konsekuensi Atas Kebijakan Asean Dalam Memelihara Stabilitas Kawasan Di Laut Cina Selatan Secara Kolektif. Harmony, 5(2), 143-154.

Malik, F., Abduladjid, S., Mangku, D. G. S., Yuliartini, N. P. R., Wirawan, I. G. M. A. S., & Mahendra, P. R. A. (2021). Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia. International Journal of Criminology and Sociology, 10, 538-547.

Mangku, D. G. S. (2017). Penerapan Prinsip Persona Non Grata (Hubungan Diplomatik Antara Malaysia dan Korea Utara). Jurnal Advokasi, 7(2), 135-148.

Mangku, D. G. S. (2017). Peran Border Liasion Committee (BLC) Dalam Pengelolaan Perbatasan Antara Indonesia dan Timor Leste. Perspektif, 22(2), 99-114.

Mangku, D. G. S. (2017). The Efforts of Republica Democratica de Timor-Leste (Timor Leste) to be a member of Association of Southeast Asian Nations (ASEAN) and take an active role in maintaining and creating the stability of security in Southeast Asia. Southeast Asia Journal of Contemporary Business, Economics and Law, 13(4), 18-24.

Mangku, D. G. S. (2018). Kepemilikan Wilayah Enclave Oecussi Berdasarkan Prinsip Uti Possidetis Juris. Jurnal Advokasi, 8(2), 150-164.

Mangku, D. G. S. (2018). Legal Implementation On Land Border Management Between Indonesia And Papua New Guinea According to Stephen B. Jones Theory. Veteran Law Review, 1(1), 72-86.

(17)

Mangku, D. G. S. (2020). Implementation Of Technical Sub Committee Border Demarcation And Regulation (TSC-BDR) Agreement Between Indonesia-Timor Leste In The Resolution Of The Land Border Dispute. Jurnal IUS Kajian Hukum dan Keadilan, 8(3), 405-419.

Mangku, D. G. S. (2020). Penyelesaian Sengketa Perbatasan Darat di Segmen Bidjael Sunan–Oben antara Indonesia dan Timor Leste. Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan, 5(2), 252-260.

Mangku, D. G. S. (2021). Pemenuhan Hak Asasi Manusia kepada Etnis Rohingya di Myanmar. Perspektif Hukum, 21(1), 1-15.

Mangku, D. G. S., & Itasari, E. R. (2015). Travel Warning in International Law Perspective. International Journal of Business, Economics and Law, 6(4).

Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Fulfillment of Labor Rights for Persons with Disabilities in Indonesia. International Journal of Criminology and Sociology, 10, 272-280.

Mangku, D. G. S., Triatmodjo, M., & Purwanto, H. (2018). Pengelolaan Perbatasan Darat Antara Indonesia Dan Timor Leste Di Wilayah Enclave Oecussi (Doctoral dissertation, Universitas Gadjah Mada).

Mangku, D. G. S., Yuliartini, N. P. R., Suastika, I. N., & Wirawan, I. G. M. A. S. (2021). The Personal Data Protection of Internet Users in Indonesia. Journal of Southwest Jiaotong University, 56(1).

Purwendah, E. K., & Mangku, D. G. S. (2018). The Implementation Of Agreement On Transboundary Haze Pollution In The Southeast Asia Region For Asean Member Countries. International Journal of Business, Economics and Law, 17(4).

Purwendah, E., Mangku, D., & Periani, A. (2019, May). Dispute Settlements of Oil Spills in the Sea Towards Sea Environment Pollution. In First International Conference on Progressive Civil Society (ICONPROCS 2019). Atlantis Press.

Yuliartini, N. P. R., & Mangku, D. G. S. (2019). Tindakan Genosida terhadap Etnis Rohingya dalam Perspektif Hukum Pidana Internasional. Majalah Ilmiah Cakrawala Hukum, 21(1), 41-49.