Dampak positif dan Negatif Biodiversity Beyond National Jurisdiction dalam perspektif perpres nomor 67 Tahun 2025

AbstractBiodiversity Beyond National Jurisdiction (BBNJ) is an international legal regime aimed at protecting biodiversity in areas of the high seas beyond national jurisdiction. This study analyzes BBNJ from various legal theory perspectives, including classical international law, the principle of common heritage of mankind, and the approach of global governance. BBNJ emerges as a response to the limitations of the United Nations Convention on the Law of the Sea (UNCLOS) in regulating biodiversity conservation, by introducing more operational mechanisms such as marine genetic resource management, area-based management tools, and environmental impact assessments. Within the common heritage framework, BBNJ emphasizes the collective and equitable management of marine resources, particularly for developing countries through access and benefit-sharing mechanisms. From a global governance perspective, BBNJ reflects a shift toward more inclusive, multi-actor governance. However, its effectiveness faces challenges, including dependence on the political interests of major powers and potential conflicts between the principle of freedom of the high seas and stricter conservation measures. Overall, BBNJ represents a progressive instrument reflecting the evolution of the law of the sea toward sustainability, equity, and global cooperation, although its success largely depends on concrete implementation and international political commitment.