Iuridica et Societas

Penguatan Prinsip Akuntabilitas Melalui Meaningful Human Control dan Auditability terhadap Penggunaan Senjata Otonom dalam Hukum Humaniter Internasional

Kurniawati Tjandradiputra — Tue, 30 Sep 2025 00:00:00 +0000

The advancement of artificial intelligence in the military domain has led to the development of Autonomous Weapon Systems (AWS), which are capable of selecting and engaging targets without direct human intervention. This innovation raises serious concerns regarding compliance with the core principles of International Humanitarian Law (IHL), particularly distinction, proportionality, precaution, and military necessity. The autonomy of AWS creates an accountability gap that complicates the attribution of legal responsibility in cases of violations. This research adopts a normative juridical method by analyzing international legal instruments, doctrines, and state practices. The findings indicate that states remain the primary duty bearers under the principle of state responsibility, with IHL serving as lex specialis—a specific legal regime applicable during armed conflict. However, liability may extend to non-state actors such as manufacturers or software developers. To address existing legal gaps, the study recommends the establishment of a dedicated international treaty on AWS, the implementation of the meaningful human control principle, and the strengthening of auditability through verifiable digital audit systems. A clearer and more accountable legal framework is required to ensure that the use of military technology remains within the bounds of law and continues to guarantee protection for victims of armed conflict.

Kedaulatan Negara vs Kebebasan Navigasi Laut: Studi Konflik Laut Cina Selatan dalam Perspektif UNCLOS

Osti Meilana — Tue, 30 Sep 2025 00:00:00 +0000

The South China Sea holds a strategic position in global geopolitics and geoeconomics, with more than one-third of world trade passing through it annually. Besides being a major shipping lane, the region is also rich in energy resources and fisheries. However, China's Nine-Dash Line claim, which covers nearly 90 percent of the sea's territory, lacks a legal basis under the UNCLOS, and has sparked disputes with other coastal states.

This study analyzes the South China Sea conflict within the 1982 UNCLOS framework using a normative and multidisciplinary juridical approach. The research method used is a study of literature and international legal documents. The research materials include the text of the 1982 UNCLOS, the 2016 Permanent Court of Arbitration (PCA) ruling, academic articles on international relations, government reports of the relevant countries, and secondary sources such as law journals and strategic studies. The research questions raised include: Does China's Nine-Dash Line claim have a legal basis under the provisions of UNCLOS? What is the legal status of the islands and maritime features in the Spratlys according to the 2016 PCA ruling in UNCLOS terms? What factors hinder the implementation of international law, and how can international relations theory explain the dynamics of this dispute?

The research shows that UNCLOS provides legal certainty regarding maritime boundaries, sovereignty, and freedom of navigation. However, its implementation is hindered by geopolitical rivalries and the rejection of international rulings by major powers. Dispute resolution requires the supremacy of international law, multilateral diplomacy, and regional cooperation.

Kekuatan Normatif UNCLOS 1982 dalam Penyelesaian Sengketa Laut China Selatan

Erich Stepanes — Tue, 30 Sep 2025 00:00:00 +0000

The South China Sea has become a global focus due to the complexity of geopolitical competition and overlapping territorial claims between several countries in the region, leading to territorial claims by countries surrounding the South China Sea. Actions such as island reclamation, the construction of military facilities, and the enforcement of aggressive maritime claims have increased tensions and threatened stability in the South China Sea. International maritime law plays a crucial role in regulating the rights and obligations of countries in international waters. This research will use a normative juridical method. This research aims to analyze competition and territorial claims in the South China Sea, such as China's claim with the "nine-dash line" which is not in accordance with the provisions of UNCLOS, and evaluate the effectiveness of the United Nations Convention on the Law of the Sea (UNCLOS) in dealing with the actions of surrounding countries in the South China Sea. UNCLOS, which regulates maritime activities, faces challenges in its implementation due to differing interpretations, the lack of effective enforcement mechanisms, and the refusal of some countries to comply with international court rulings such as the 2016 PCA ruling that rejected China's claims. The study's conclusions emphasize the need for a multilateral approach, constructive dialogue, and respect for international law to resolve disputes in the South China Sea peacefully and sustainably. It recommends strengthening commitment to the principles of international law, strengthening ITLOS, establishing a joint marine conservation program, preventing overexploitation, avoiding military escalation, and resolving disputes peacefully.

Konflik Air Lintas Batas: Kajian Hukum Internasional atas Hak Pemanfaatan Sungai Mekong

Risa Susanto — Tue, 30 Sep 2025 00:00:00 +0000

The Mekong River, one of the longest transboundary rivers in the world, serves as a vital source of life for the countries along its course. Its utilization for irrigation, fisheries, hydropower, and transportation creates complexities between upstream and downstream countries, particularly regarding dam construction, which significantly impacts the river's flow and ecosystem. These conflicting interests are compounded by the absence of upstream states from the Mekong River Commission (MRC) and the lack of clarity in international legal frameworks governing transboundary rivers. This study examines the dynamics of water resource conflicts in the Mekong River and evaluates the international legal instruments available for dispute settlement, despite their limited binding force. This research employs a normative legal method to examine the principles of international law, the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UNWC), and its indirect linkage with the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The results of the study indicate that while states retain the right to utilize water resources within their territories, infrastructure development such as dams must comply with obligations of cooperation, consultation, and the prevention of significant harm. Additionally, this study highlights how dam construction alters water flow and reduces sedimentation, worsening climate and ecosystem conditions in the region. This condition triggers seawater intrusion into agricultural areas and damages soil quality. As a result, it poses a serious threat to food security and the livelihoods of downstream communities

Norma Internasional AI: Peran UNESCO dan OECD dalam Etika Global

Joko — Tue, 30 Sep 2025 00:00:00 +0000

The rapid development of Artificial Intelligence (AI) has created tremendous opportunities in various sectors, including healthcare, education, and justice, but at the same time raises serious ethical, legal, and social challenges. Accountability, transparency, and the protection of human rights remain central issues that global AI governance has yet to fully address. Two major normative initiatives are the OECD Principles on Artificial Intelligence (2019), which emphasize innovation and economic growth, and the UNESCO Recommendation on the Ethics of Artificial Intelligence (2021), which focuses on human dignity, social justice, and inclusiveness. This article examines the contributions of both organizations in shaping AI ethical principles and explores the potential transformation of these principles from soft law into hard law. Using a normative juridical approach, the study finds that the OECD’s strength lies in promoting innovation and economic collaboration, while UNESCO emphasizes the protection of human rights and social values. The findings highlight the importance of constructing a multi-dimensional international ethical framework for AI that integrates both social and economic values to ensure that ethical principles can evolve into binding international regulations.