DSpace logo

Please use this identifier to cite or link to this item: http://repository.uksw.edu/handle/123456789/4045
Title: Masalah Hukum Di Celah Timor Antara Timor-Leste Dengan Australia – Telaah Dari Aspek Perlindungan Kepentingan Hukum
Authors: Prasetyo, Teguh
Fobia, R.E.S.
Sarmento Varela, Aquiles
Keywords: Timor Gap;legal issues;the protection of the legal interests;and the median line principle
Issue Date: 2013
Publisher: Magister Ilmu Hukum Program Pascasarjana UKSW
Abstract: This thesis describes the legal issues of Timor Gap between Timor-Leste and Australia, relating to the protection of legal interests. The author uses descriptive type of legal research; statute approach, and legal history approach; technic in collecting legal materials through the study of literature; and juridical qualitative as method of data analysis. The results shows clarity about legally perspective of Timor-Leste to apply the median line principle or equidistance line principle, while Australia chose to reject the jurisdiction of the International Court of Justice, and trying to manage the situation by ‘negotiations or consultations'. Analysis shows in general, there is a legal issue around Timor Gap as an object of international dispute. Furthermore, there are five legal issues in particular: (1) Succession of Timor-Leste shows the tension between the legal consequences of a state succession (from the perspective of Timor-Leste), and political interests (from the perspective of Australia); (2) Until now there is no clarity in the maritime boundaries between the two countries; (3) According to the perspective of Timor-Leste, JPDA (joint petroleum development area) is unfair deal; (4) Furthermore, there is the problem of permanent sovereignty over natural resources, and (5) Some of legal issues causing problem of the right to development. The sixth legal issues occurs because there are a number of differences between Timor-Leste and Australia. Therefore, needed absolutely to protect some legal interests, especially in the aspects of security, natural resources and the environment.
This thesis describes the legal issues of Timor Gap between Timor-Leste and Australia, relating to the protection of legal interests. The author uses descriptive type of legal research; statute approach, and legal history approach; technic in collecting legal materials through the study of literature; and juridical qualitative as method of data analysis. The results shows clarity about legally perspective of Timor-Leste to apply the median line principle or equidistance line principle, while Australia chose to reject the jurisdiction of the International Court of Justice, and trying to manage the situation by ‘negotiations or consultations'. Analysis shows in general, there is a legal issue around Timor Gap as an object of international dispute. Furthermore, there are five legal issues in particular: (1) Succession of Timor-Leste shows the tension between the legal consequences of a state succession (from the perspective of Timor-Leste), and political interests (from the perspective of Australia); (2) Until now there is no clarity in the maritime boundaries between the two countries; (3) According to the perspective of Timor-Leste, JPDA (joint petroleum development area) is unfair deal; (4) Furthermore, there is the problem of permanent sovereignty over natural resources, and (5) Some of legal issues causing problem of the right to development. The sixth legal issues occurs because there are a number of differences between Timor-Leste and Australia. Therefore, needed absolutely to protect some legal interests, especially in the aspects of security, natural resources and the environment.
URI: http://repository.uksw.edu/handle/123456789/4045
Appears in Collections:T2 - Master of Law

Files in This Item:
File Description SizeFormat 
T2_322011903_Judul.pdfHalaman Judul1.91 MBAdobe PDFView/Open
T2_322011903_BAB I.pdfBab I706.22 kBAdobe PDFView/Open
T2_322011903_BAB II.pdfBab II817.75 kBAdobe PDFView/Open
T2_322011903_BAB III.pdfBab III2.38 MBAdobe PDFView/Open
T2_322011903_BAB IV.pdfBab IV262.86 kBAdobe PDFView/Open
T2_322011903_Daftar Pustaka.pdfDaftar Pustaka206.49 kBAdobe PDFView/Open


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.