KAJIAN YURIDIS PENYELESAIAN SENGKETA LAUT CINA SELATAN MENURUT HUKUM INTERNASIONAL

Abstract

The South China Sea dispute is one of the most complex and prolonged maritime conflicts in Southeast Asia, involving overlapping claims among several countries over maritime areas with high strategic value in terms of economy, politics, and military. The dispute arises from differences in the interpretation of maritime rights as regulated in the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982). The research problems include: 1) What are the ways of resolving disputes under international law? 2) What efforts have been made in resolving the South China Sea dispute? The research method used is normative legal research, conducted by using secondary data sources. The data were analyzed qualitatively. The findings of this research are: (1) The methods of dispute settlement under international law are carried out through two main approaches, namely peaceful settlement and judicial settlement. Peaceful settlement includes negotiation, mediation, and conciliation. Meanwhile, judicial settlement includes international arbitration (Annex VII UNCLOS), dispute resolution through ITLOS, and the International Court of Justice (ICJ) with the consent of the parties. (2) Efforts made in resolving the South China Sea dispute include diplomatic channels through bilateral and multilateral negotiations, as well as the drafting of the Code of Conduct (CoC) between ASEAN and China, and cooperative approaches on the ground to prevent conflict escalation.