Browsing by Author "Hazmi Rusli"
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Publication Indonesian Ocean Policy: Paradigm Shift in Strengthening Ocean Governance(Universiti Sains Islam Malaysia, 2020-11) ;Ade Maman Suherman, ;Aryuni Yuliantiningsih, ;Noer Indriati, ;Wismaningsih,Hazmi RusliThe Indonesian Ocean Policy (IOP) is a new milestone in managing its oceans since Indonesia ratified the UNCLOS 35 years ago. Indonesia underwent several paradigm shifts in strengthening ocean governance from 1957 to 2014. This research aims to analyse three paradigm shifts in strengthening ocean governance in Indonesia. The research revealed that the milestone of the first shift was the 1957 Djuanda Declaration, recognised by the UNCLOS in 1982, regarding the concept of an archipelago state, called the ‘ocean space paradigm.’ The second, which occurred in the Reformation period (1998-2014) was called the Ocean Development paradigm, while the third paradigm shift was after President Jokowi launched Indonesia’s vision as a Global Maritime Fulcrum. This third paradigm shift was also associated with the emergence of the IOP, which contributes to national development and pays comprehensive attention to the constellation of relations between the countries in Asia and various initiatives in the region. - Some of the metrics are blocked by yourconsent settings
Publication Potential Implications of AUKUS and the Proposed Thai Canal on Crucial Sea Lines of Communication under the US Indo-Pacific Strategy(YIJUN Institute of International Law, 2023) ;Hazmi RusliLowell B. BautistaSoutheast Asia is home to the Straits of Malacca and Singapore, one of the world’s most important sea lines of communication. The closure of the straits to international navigation may adversely affect the well-being of the global economy. On February 11, 2022, the Biden administration announced the new Indo-Pacific strategy, which will continue to deliver on AUKUS. For centuries, the proposed Thai Canal Project has been planned to revolutionize the shipping industry by bypassing the busy waters of the Straits of Malacca and Singapore. If the canal is built under the US Indo-Pacific Strategy, the pre-eminence of the Straits of Malacca and Singapore will not last long. This article analyzes the potential increase of navigation of nuclear-powered submarines through the Straits of Malacca and Singapore and its ensuing environmental implications from a viewpoint of international law. It discusses effects of the proposed canal plan in influencing the shipping industry should this “dream waterway” be constructed. - Some of the metrics are blocked by yourconsent settings
Publication The Progressive Legal Perspective of Legal Justice in Customary Dispute Resolution Related to Natural Resources(Magister of Law, Faculty of Law, Universitas Mataram., 2023) ;Muhammad Akbar ;Maisa ;Mohamad Didi PermanaHazmi RusliThe absence of special arrangements regarding customary law has the potential to cause inferiority in the position of customary law compared to the substance of national law in customary disputes relating to natural resources. This study seeks to analyze and formulate the idea of resolving customary disputes over the management of natural resources in a progressive legal perspective to achieve justice. The results of the study confirmed that the problems of customary disputes related to the management of natural resources, especially those that occurred in the territories of indigenous peoples, made the position of customary law weaker compared to national law. This happens because regulations regarding indigenous peoples have not been ratified. Legal efforts to settle natural resource customary disputes to achieve justice in a progressive legal perspective need to be regulated through the establishment of a Perppu (Government Regulation in Lieu of Law) to facilitate the position of customary law in resolving customary disputes in the field of natural resource management. In the Perppu, it is hoped that there will be confirmation regarding the enactment of the conception of legal pluralism so that customary law has an equal position with national law in customary disputes over natural resource management. - Some of the metrics are blocked by yourconsent settings
Publication Securing Malaysia’s Borders from Covid-19: Legal Considerations to the Influx of Rohingya Migrants(YIJUN Institute of International Law, 2021) ;Hazmi Rusli ;Roman Dremliuga ;Wan SuhailiNur Alia FarishaOn March 18, 2020, Malaysian Prime Minister Tan Sri Muhyiddin Yassin declared the nationwide enforcement of the Movement Control Order to curb the spread of COVID-19. In September 2020, Malaysia entered the third wave of the outbreak. Active cases rose from 60 to more than 13,000. The government’s Ops Benteng stops illegal migrants, who are at high risk of bringing COVID-19 into Malaysia. This includes illegal Rohingya migrants, who enter Malaysia to flee persecution in their home country, Myanmar. There are approximately 150,000 Rohingya migrants in Malaysia and more are expected. This article examines the main reason behind the influx of Rohingya illegal migrants and discusses whether the Malaysian government should tighten its borders to safeguard against COVID-19. The government must prioritise its own citizens over the Rohingyas; the responsibility of managing this humanitarian disaster should be shared with other nations, particularly those party to the United Nations Convention relating to the Status of Refugees 1951.