UPAYA HUKUM FILIPINA ATAS KETIDAKSEDIAAN CINA DALAM MENERIMA HASIL PUTUSAN MAHKAMAH ARBITRASE INTERNASIONAL TERKAIT SENGKETA LAUT CINA SELATAN ANTARA CINA DENGAN FILIPINA

ANGGRAINI, TRIFENA (2018) UPAYA HUKUM FILIPINA ATAS KETIDAKSEDIAAN CINA DALAM MENERIMA HASIL PUTUSAN MAHKAMAH ARBITRASE INTERNASIONAL TERKAIT SENGKETA LAUT CINA SELATAN ANTARA CINA DENGAN FILIPINA. S1 thesis, UAJY.

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Abstract

The South China Sea is a marine area that became a prolonged conflict area due to the overlapping claims between countries which claim its maritime territory. There are two disputes in the South China Sea area, namely territorial disputes Paracel Islands area and the Spartlys. The dispute between China and Phillipines occurred in the Spartly Islands. For the deeds of China deemed to violate the sovereignty of the Philliphines then the Philliphines brought China to the Permanent Court of Arbitration (PCA) and The PCA imposed an award winning the Philliphines. China refused to accept the outcome of the award. The type of legal research used in this study is normative legal research. The way of data collection is done in two ways; literature study and interview to the Head Office of International Affairs, Gadjah Mada University, Yogyakarta. In normative legal research, data that was used is secondary data, consist of primary law material and secondary law material. The process of thinking used is deductive, it started from a general proposition whose truth is known and ended in a specific conclusion. In refusal of China to accept and comply the PCA’s award, the Phillipines can take the legal actions through diplomacy by conducting talks with China and try to renegotiate. If China keeps doing its activities on the nine dash line and violate the sovereignty of the Phillipines, then the Phillipines may re-report China for its actions to the PCA. Therefore, China should respect the award issued by the PCA and allow the Phillipines to negotiate in order to resolve their interlocutory disputes.

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