SESSION 3

LEGAL, HISTORICAL, ECONOMIC, AND POLITICAL COMPLEXITIES:

INDONESIAN EXPERIENCES

Bebeb A.K.N. Djundjunan

Director for Legal Affairs and Territorial Treaties

Ministry of Foreign Affairs

INDONESIA ©2019

Indonesia’s Territory Based on Territoriale Zee en MaritiemeKringen Ordonantie (TZMKO) of 1939

High Seas Pocket between the Islands (Swiss Cheese Theory)

Djoeanda Declaration 13 December 1957

The Concept• Any waters around, between and connecting the islands

or parts of the islands which belong to the land of the

Republic of Indonesia, regardless of their breadth or width

are reasonable parts of the territory of the State of the

Republic of Indonesia and thus constitute a part of the

national water level under the absolute sovereignty of the

Republic of Indonesia

• Determination of a 12 nm sea boundary measured from

lines that attach the outermost points of the islands of the

Republic of Indonesia and shall be determined by law.

• The peaceful passage in these inland waters for foreign

vessels is guaranteed as long as and simply does not

conflict with or interfere with the sovereignty and the

safety of the Indonesian state.

The Area

Law No. 4. Prp year 1960

Struggle through

Diplomacy with

Neighboring Countries

Struggle through Diplomacy in international fora: Series of International

Conferences to the 1982 Law of

the Sea Convention (UNCLOS)

The developmen

t of territory:

before and after the UNCLOS

National interests on territorial

integrity post the UNCLOS

THE DEVELOPMENT OF THE CONCEPT ON THE COUNTRY’S TERRITORY

The ratification of UNCLOS 1982 by

Law No.17 of 1985

Adjustment of the base line by Law No.

6 of 1996 on Indonesian Waters

Adjustment of relevant

Legislations

Finalised all maritime

boundaries

Implementation of compromise approaches with selected neighboring countries in support on the adjustment of national regulations

• RI-Malaysia

• RI-Australia

Archipelagic State Concept

Legal Basis

DjuandaDeclaration

13 December 1957

Law No. 4 Prp. year 1960 jo.

Law No. 6 year 1996 on Indonesian Water

Archipelagic state is a state that its territory comprises of one or more islands and may includes of another islands

(art 1)

The Republic of Indonesia is an Archipelagic State

(art. 2)

UNCLOS 1982

"archipelagic State" means a State constituted wholly by one or more archipelagos and may

include other islands

Wawasan Nusantara

• A Concept of National Resilient → a concept towards national development, defense & security, and territorial aspect;

• A Concept of Development → encompass political, economical, social, defense, and security unity;

• A Concept of Defense and Security →Indonesia’s geopolitical views as one unity which covers of it’s all territory and strength;

• A Concept of Territory → functioned in the boundary making process to avoid dispute with neighboring countries;

WawasanNusantara

Concept of Resilient

Concept of Development

Concept of Defense

Concept of Territory

Archipelagic Baseline In Maritime Boundary Delimitation

Indonesia employs a system of baseline that connects the outermost points of the outermost islands (Article 47 UNCLOS)

The waters inward of the baseline, including the water between the islands regardless of the distance from the land, are considered as Indonesian waters

For delimitation purposes, Indonesia use every point on its baseline as basepoint to draw the maritime boundary (Articles 15, 74 and 83 UNCLOS)

Economic Complexities

Cases study: Next >>

1. Navigational interest

• Maritime transport authorities, rules and regulations, trade-export-import, shipping, transport of goods, etc

2. Fisheries issues

• Fishermen interest, protein resources, food security, marine-life,environment, trade/export-import comm., etc

3. Hydrocarbon resources interest

• Investment, technology, infrastructure, energy security,development, etc

➢ Connecting the Indian Ocean with the South China Sea

➢ The Strait have area of more than 25,500 square miles and 520 miles long

➢ The Strait have strategic value of international navigation for Indonesia, Malaysia and Singapore as well as other States.

➢ Japan’s Ministry of Land Infrastructure and Transport estimates that 114,000 ships will use the strait by 2020 per year.

1. Navigational Interest: Strait Of Malacca

Maritime Boundary Agreements In The Strait Of Malacca

1. Indonesia and Malaysia on Continental Shelf, 1969

2. Indonesia-Malaysia-Thailand on Continental Shelf, 1971

3. Indonesia and Singapore on Territorial Sea, 1973, 2003, 2014

4. Malaysia and Thailand on Continental Shelf, 1979

5. Indonesia and Malaysia on Territorial Sea, 1970

➢ Indonesia, Malaysia and Thailand on EEZ ???

➢ Overlapping claims between States

➢ Occurrence of incidents involving fishermen and law enforcement agencies

➢ Fight for maritime claims (fisheries resources)

➢ The Need of provisional arrangements?

➢ On going negotiations on Maritime Boundary Delimitation

➢ Existing agreements: Indonesia, Malaysia Vietnam on Continental Shelves

➢ No EEZ boundaries have agreed yet

2. Fisheries Issues In Natuna Sea

Source: AMTI-CSIS 2018

3. Hydrocarbon Resources: Oil And Gas Working Areas In The South China Sea (Scs)

Maritime Claims In The SCS And Hydrocarbon Resources

Marine Resources and Maritime

Protection Area

STRATEGIC VALUE

PROTECTION

POLITICSSOCIAL

CULTURE

ECONOMY DEFENSE

MARITIME POLICY URGENCY WITH

NATIONAL RESILIENCE INSIGHT

SECURITY

Objective of the Government :“...to protect the Indonesian nations and its entirerity for the purpose of advancinggeneral prosperity, educate the nation livelihood, and to preserve world order basedon freedom, eternal peace, and social justice...” (Constitution 1945)

NATIONALASSET

MINISTRY OF FOREIGN AFFAIRSREPUBLIC OF INDONESIA

Directorate of Legal Affairs and Territorial TreatiesMinistry of Foreign Affairs of the Republic of IndonesiaMain Building 11th Floor, Jl. Taman Pejambon No. 6, Jakarta 10110, IndonesiaPhone: +6221 384 9618, Fax: +6221 352 4154

Bebeb A.K.N. DjundjunanEmail: - djundjunan23@gmail.com- bdjundjunan@kemlu.go.id