IMPLIKASI ASEAN WAY TERHADAP MEKANISME PENYELESAIAN SENGKETA DI ASEAN
Abstract: International
relations held between countries, either towards individually or amongcountries
within the same International Organization are not always well established.
Fromits inception and at the initial phase of its development, the main purpose
of ASEAN was tomaintain peace and security among the member countries. To date,
the settlement of disputesin ASEAN still cause confusion regarding the
regulations, mechanism and method of work. This is primarily due to the ASEAN
Way as an approach that emphasizes "at a pace comfortable for all"
for all ASEAN member countries, and is characterized by elements of non-interference
and consensus. At the early stage, disputes among ASEAN member Statesare
usually negotiated and formulated through the ASEAN Way. However, these
disputes areoften difficult to resolve due to various constraints, in
particular the existence of ambiguousprovisions which make the implementation
of the provisions in the resolution of the dispute become difficult. With this
background, several problems that arise are as follows: How is theformulation
of the problem? How is the dispute settlement mechanism in ASEANimplemented?
What are the impacts of the ASEAN Way towards the dispute resolutionmechanism
in ASEAN? What are the challenges and obstacles in resolving disputes in ASEAN?
This study uses a Sociological-Legal approach which is focused on the existingcases
combined with the use of secondary data sources and qualitative analysis. This
study showed that the primary
instruments pertaining to dispute settlement mechanism in ASEAN are the Treaty of Amity and Cooperation
(TAC), Dispute Settlement Mechanism (DSM), Enhanced Dispute Settlement
Mechanism (EDSM), and ASEAN Way. The ASEAN Way hasan impact on both security
and regional stability. However, the rule of law is usually absent in the
settlement of the dispute. Consequently, the dispute may reoccur or have an
impact onthe same dispute later in the future. Challenges and barriers that
often happen include the lack of ratification of ASEAN member States towards
the ASEAN instruments regarding disputesettlement and also lack of trust
towards fellow Member States.
Penulis: Muhammad Rizki,
Poniar Warsono, Deswita Rosra
Kode Jurnal: jphukumdd151383
