PELAKSANAAN PUTUSAN PERMANENT COURT OF ARBITRATION (PCA)DALAM SENGKETA FILIPINA VS TIONGKOK DALAM HAL MENCIPTAKAN STABILITAS PERDAMAIAN DAN KEAMANAN DI LAUT CHINA SELATAN

SAFRIJALDI, SAFRIJALDI (2017) PELAKSANAAN PUTUSAN PERMANENT COURT OF ARBITRATION (PCA)DALAM SENGKETA FILIPINA VS TIONGKOK DALAM HAL MENCIPTAKAN STABILITAS PERDAMAIAN DAN KEAMANAN DI LAUT CHINA SELATAN. Diploma thesis, UNIVERSITAS ANDALAS.

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Abstract

IMPLEMENTATION OF DECISION PERMANENT COURT OF ARBITRATION (PCA) IN DISPUTE THE PHILIPPINES VS CHINA TO CREATE STABILITY IN TERMS OF PEACE AND SECURITY IN THE SOUTH CHINA SEA (Safrijaldi, 1210112218, Faculty of Law, University of Andalas, 66 pages, Year 2017) Advisor: Prof. Firman Hasan, SH, L.LM & Zimtya Zora, SH., MH ABSTRACT Dispute that occurred between the Philippines and China is a dispute over territory in the South China Sea region. Overclaim nine dash line made by China raises a lawsuit from the Philippines to bring the case to the Permanent Court of Arbitration (PCA). PCA also dropped the decision by stating that theclaim nine dash line made by China are not recognized by UNCLOS 1982. The formulation of the issues discussed are: 1. How the Implementation of Decisions of the Permanent Court of Arbitration to resolve disputes between Philippines vs China in terms of creating a stable peace in the South China Sea? 2. How does the Chinese rejection of the decision the Permanent Court Of Arbitration byInternational Law related to the principle of good faith in the settlement of international disputes? This writing method normative juridical research in the form of a study of the principles of law, an inventory study of law. The results showed, 1. Permanent Court of Arbitration has ruled that rejected the claim made by the Chinese on most parts of the South China Sea region. The dispute resolution process based on an interpretation of the content of UNCLOS in 1982, and not to decide who is entitled to or has the South China Sea. This Decision is to guide the parties in order to invoke the provisions of UNCLOS in 1982 to claim their rights in the South China Sea. 2.The rejection of conducted by China on PCA decision is in violation of International Law. Because according to the prevailing regulations, that the PCA decision is a decision which is final and binding. This means that the decision is binding and must be adhered to by the Chinese. China also does not comply with the principle of good faith in international law. As is well known that China is a country that ratified the UNCLOS in 1982. According to article 287 of UNCLOS in 1982, China has acknowledged indirectly PCA as an institution of international arbitration as the settlement efforts in thefuture.

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