Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Research Article: 2021 Vol: 24 Issue: 1S

Business

Luh Putu Sudini, Faculty of Law, Universitas Warmadewa, Indonesia

I Nyoman Putu Budiartha, Faculty of Law, Universitas Warmadewa, Indonesia

Abstract

     

INTRODUCTION

The concept of an archipelagic state as a result of the Djuanda Declaration, December 13, 1957, then submitted by the Indonesian government to the forum of the International Maritime Law Conference through the Indonesian delegation with the head of the delegation, Mochtar Kusumaatmadja(Kusumaatmadja, 1977) with the aim of gaining recognition from the international community and legal recognition in legal provisions international sea. Through a difficult diplomatic process, finally with the success of the Third Conference on the Law of the Sea which was held in Montego Bay Bay, Jamaica 1982 on 10 December 1982, and became effective from 16 November 1994 after the fulfillment of Article 308 of the 1982 Convention on the Law of the Sea, the concept of an island nation proposed by Indonesia can be accepted by the international community and juridically contained in chapter IV. Archipelagic States, Articles 46 to 54 of the 1982 Law of the Sea Convention.(Sudini, 1999) Indonesia has retified the 1982 Sea Law Convention with Law Number 17 of 1985. This has the result that Indonesia is bound by the obligation to implement and comply with the provisions contained in the Convention, because it has become part of Indonesian National Law.(Harliza & Michael, 2020) The entry into force of the 1982 Convention on the Law of the Sea as positive written international law is very important for Indonesia. Therefore, the principle of an archipelagic state that has been fought for by Indonesia will also become a written positive international law as well as Indonesian national positive law, through Law Number 6 of 1996.

Furthermore, the Government of Indonesia, proposed three ALKI (Indonesian Archipelago Sea Lines) North-South to the IMO (International Maritime Organization) in London, taking into account the aspects of national defense and security and hydro-oceanographic factors so that the shipping lanes are safe for every ship to navigate. In 1998, on May 19, the International Maritime Organization in London approved the North-South Indonesian Archipelago Sea Channel , namely(IMO?: Maritime Safety Committee, Adoption, Designation And Substitution Of Archipelagic Sea Lanes, 69th. Session, “Partial Sistem of Archipelagic Sea Lanes in Indonesian Archipelagic Waters “, SN.Circ.200, Annex, 26 May 1998., n.d.)

1. Sea Lane I : South China Sea – Natuna Sea – Karimata Strait – Western Java Sea – Sunda Strait – Indian (Hindia) Ocean, and Sea Lane IA: Spur From North of P. Merapas to Point (1 – 3) 2. Sea Lane II : Celebes (Sulawesi) Sea – Makasar Strait – Lombok Strait – Indian (Hindia) Ocean. 3. Sea Lane III A : Pacific Ocean – Maluku Sea – Seram Sea – Banda Sea – Ombai Strait – Sawu Sea – Indian (Hindia) Ocean, and Sea Lane III E : Spur From Point III A – 2 – III E – 2. 4. Sea Lane III B : Spur From Point III A- 8 – III B – 2 : Banda Sea – Leti Strait – Timor Sea. 5. Sea Lane III C : Spur From Point III A – 8 – III C – 2 : Banda Sea – Arafuru Sea. 6. Sea Lane III D : Spur From Point III A – 11 – III D – 1 : Sawu Sea – Sea between Sawu and Roti Islands – Indian (Hindia) Ocean.

The Indonesian government through the Minister of Foreign Affairs announced the North-South Indonesian Archipelago Sea Lines which had been approved by the International Maritime Organization with a press release on June 15, 1998 in Jakarta.

RESEARCH METHODS

The research method uses in this paper is the Normative legal research method.(Maxeiner, 2007).

RESEARCH RESULTS AND DISCUSSION

Indonesia, as the largest archipelagic country in the world, has a sea area (waters) that is larger than the land area, namely 9: 1, and geographically occupies a strategic position on the cross of the world between two continents (Asia and Australia) and two oceans (Pacific and Indies), whose territorial waters are busy being crossed by foreign ships. Thus, this position is very profitable for Indonesia, especially in the cross-border trade traffic by sea.(Danusaputro, 1979) The policies above are opportunities as well as challenges for domestic strategic industries to fill niche needs and independence of national strategic industries. A strong and independent strategic industry will become national pride and build a positive image of the country. With an active defensive defense doctrine, it is easier for strategic industries to fill these opportunities. The doctrine of active defense does not require a country to have a defense system with high combat power. The defense equipment's ability is limited to survival, but also has high response and deterrence capabilities. The vast maritime area is a challenge in itself, but with excellent national strategic industry capabilities, it can answer these challenges. Currently, Indonesia has been able to build warships, submarines, and auxiliary ships. Through Law no. 16 of 2012, PT PAL Indonesia (Persero) is a lead integrator in meeting the needs of marine defense equipment. The 60-meter Missile Fast Ship (KCR) is a warship produced by PT PAL Indonesia (Persero) with a patrol function that is suitable for operation by coastal and archipelagic countries for littoral patrols. The higher class, namely the light frigate Destroyer Kawal Rudal (PKR) 105 meters, technology transfer in collaboration with the Dutch DSME, is a means to realize the effect of fear in the territory of Indonesia's sovereignty and sovereign rights. The most advanced technology is the ability to produce Changbogo-class submarines in collaboration with Daewoo, South Korea.The sovereignty of the Unitary State of the Republic of Indonesia in Indonesian waters can include territorial waters, archipelagic waters and island waters as well as air space above the territorial sea, archipelagic waters and island waters as well as the seabed and the land underneath including the natural resources contained therein.(Novianto et al., 2020) Indonesia, as the largest archipelagic country in the world, has 17, 508 islands with an area of about 1.9 million km2. The borders of the Indonesian state consisting of the northernmost area are Weh Island (60 LU), the southernmost region is Roti Island (110 LS), the westernmost region is Sabang City (950 East Longitude), and the most Eastern Region is Merauke City (1410 East Longitude). With such territorial boundaries, it appears that Indonesia is in a strategic position across the globe between two continents and two oceans. Geographical condition which is located in the cross position of the world is very beneficial for Indonesia to be in international traffic routes and has the potential to become a transit point for world trade routes and become the center of world logistics. One of the basic infrastructure that supports the national logistics system is the construction and development of sea ports. According to World Economic Forum data, the competitiveness of Indonesia’s infrastructure in general (such as seaports, airports, roads, railways, and electrical energy) is in 82nd position in 2013 and 72nd position in 2014. Power position this competitiveness is relatively better than the competitiveness of Indonesia’s sea port infrastructure which individually is in the 89th position (2013) and 77th (2014). If Indonesia’s competitiveness is compared with the competitiveness of several ASEAN countries, the competitiveness position of Indonesian seaports in 2014 is relatively better than the Philippines (101) or Vietnam (88), but worse than Thailand (54) or Malaysia (19). Above, it has been explained that Indonesian Archipelago Sea Lines II Lombok Strait, crosses the Sulawesi Sea - Makassar Strait - Flores Ocean - Lombok Strait. The government, through the Coordinating Ministry for Maritime Affairs, hopes that Indonesian Archipelago Sea Lines II in the Lombok Strait can become the main route for global trade. This is based on the consideration that Indonesian Archipelago Sea Lines I in the Sunda Strait is getting denser, even though the route is shallow and narrow, so the risk of collision is high. While the Lombok Strait (Indonesian Archipelago Sea Lines II) is a deep, wider, and relatively safe sea, and also Indonesian Archipelago Sea Lines II the Lombok Strait is usually used for shipping for Submarines of Super Power countries.(Michael et al., 2020) Given that this problem has echoed and grounded throughout the universe, it is just a matter of waiting for the realization from the Indonesian government. Indonesia to get to the world's maritime axis is not easy, of course it must be supported by infrastructure development along the coast in Indonesia, so that marine transportation is easier. In addition, island-to-island relations are becoming faster and more efficient and development in coastal areas is growing. For this reason, a development policy from the Government that is oriented towards the marine sector is needed by increasing the cost / State Revenue and Expenditure Budget (APBN) for the marine / maritime sector so that infrastructure in coastal and island areas can be developed. Human Resources in the marine sector must be improved, and the quality of ports must also be improved to an international level. Especially for Indonesia, which has long been focused on land-oriented development, such as toll roads and other developments. So, the desire to manage maritime wealth and increase the strength of the Navy will definitely meet challenges and obstacles. Considering that the Indonesian government has never tried to develop a comprehensive and sustainable marine/maritime economy. The Indonesian government has not fully enjoyed the benefits of the maritime sector, both in terms of prosperity and influence at the international level. The Government of the Working Cabinet has just started with a program to build sea transportation/toll roads to facilitate the speed of the economy for coastal marine areas/communities. Geo-politically, historically and culturally, Indonesia can be used as a maritime country, considering that Indonesia's land area is in a single unit surrounded by oceans, with 2/3 of its territory being the sea and the largest number of islands in the world, and one of the longest coastlines in the world. What is even more compelling is that Indonesia is located in the equator, between the two continents of Asia and Australia. Between the two Pacific and Indian Oceans, as well as Southeast Asian countries. Therefore, the port system in Indonesia must be modernized to meet international standards. Indonesia also has 4 (four) strategic points through which 40% of the world's trading ships pass: the Malacca Strait, the Sunda Strait, the Lombok Strait, and the Makassar Strait, which can provide great opportunities to facilitate Indonesia to become the center of the world maritime trade and shipping industry. Based on Bappenas research, Indonesia has 18 world maritime points. Indonesia's marine potential is so great. 80 percent of worldwide trade depends on shipping goods by sea. Meanwhile, 60 percent of shipments by sea pass through Indonesian waters. However, Indonesia must look at the economic success of major maritime countries. Are they ignoring its maritime potential? Or do they feel that they have lost their maritime economic and military development? And have they become big and developed countries by building their maritime axis? All of this requires serious and in-depth analysis and study from development experts. Some examples of countries that can be used as references include: the United States, China, Britain, the Netherlands, and India. The "sea highway" development plan to ensure inter-island connectivity, development of the shipping and fishing industry, port construction, improvement of sea transportation, and maritime security, reflects the government's seriousness in realizing Indonesia as a world maritime axis country. If the Government, supported by the Indonesian people, is serious and has a high determination to implement the World Maritime Axis development program, then this great program will be realized. If the construction of the World Maritime Axis can be realized, there will be many benefits and advantages that will be obtained by the Indonesian government, and also for equitable development between land and sea. Human Resources Readiness and Law Enforcement According to Son Diamar in his presentation entitled "Creating an Advanced Archipelagic State", there are five pillars of maritime development to be developed. First, build the world's leading human resources, culture, and marine science and technology. Second, developing the economy of fisheries, tourism, ESDM, shipping, and marine construction. Third, managing marine areas, managing land and sea integrated spaces and developing 'world cities' using sustainable principles. Fourth, the development of a defense and security system based on the geography of an archipelagic country. Fifth, develop a maritime legal system. In addition, according to President Joko Widodo (Jokowi) to make Indonesia the world's maritime axis, law enforcement is needed. The government must be determined to eradicate cases of illegal fishing by foreign vessels in the waters of the archipelago. Around 5,000 – 7,000 vessels are circulating in Indonesian waters, about 90 percent of which are illegal. Ironically it was silenced for years. If the Indonesian Archipelago Sea Lines II route in the Lombok Strait can become the main route for global trade, development in the eastern past of Indonesia is predicted to be more vibrant and crowded. Many facilities such as maintenance, service and supply in various sectors including food and drinking water will develop in this area. The government also needs to improve the function of the sea ports of Balikpapan, Makassar, Banjarmasin, or Bitung as container ports/terminals in the future in accordance with existing regional developments.(Rochette et al., 2015)

In addition, the Ministry of Transportation, stated that the shipping channel that passes through the Lombok Strait has the most potential to develop rapidly, because in addition to being a location that bridges tourist destinations, it’s also the Indonesian Archipelago Sea Channel (Indonesian Archipelago Sea Lines II) that needs special attention, such as determining Traffic Separation Scheme (TSS) or traffic at sea, to prevent accidents at sea due to natural conditions, technical factors of transportation equipment in the waters, or (human error) factors, resulting in ship collisions at sea. Thus, there needs to be a Traffic Separation Scheme in Indonesian Archipelago Sea Lines II in the Lombok Strait to maintain the safety of shipping in the Strait. So that the voyage of ships including submarines passing through the Lombok Strait or Indonesian Archipelago Sea Lines II, is regulated by the Navigation sector of the Directorate General of Sea Transportation of the Ministry of Transportation, abik the channel and crossing of ships after dock, so that they are able to sail properly, safely, effectively and safely to their destination expected.(Marlina, 2018) Maritime countries must have a capable naval combat operation capability. The Navy must have an effective defense function. The vastness of the sea area demands a heavy responsibility, the Navy must continue to be built in all fields to be more professional. There are three classifications of the Navy, namely Brown, Green, and Blue Water Navy. The three have more differences in operating capabilities and regional projections. Brown water navy focuses on operations in coastal or littoral areas, while green water navy is the ability to operate in territorial areas (especially archipelagic countries), the highest classification of blue water navy requires trans-oceanic operation capabilities.

Indonesia's defense development is carried out to realize military defense and non-military defense towards a respected regional maritime power in the Asia Pacific region with active defensive principles in order to guarantee national interests. National defense efforts are carried out through the development of the national defense posture on an ongoing basis to realize strength, capabilities and titles. The development of the military defense posture is directed at the fulfillment of the main component Minimum Essential Force (MEF). The MEF program is a long-term program that has three stages. Currently, it has entered the third phase which will end in 2024. To achieve the minimum essential strength, there are several programs being carried out namely Procurement, Rematerialization, Revitalization, and Relocation. There are six core capabilities that must be possessed by the Navy, namely being present in the forefront area, deterrence, maritime control, power projection, maritime security, and non-combat capabilities such as humanitarian assistance and disaster management.

CONCLUSION

Opportunities and challenges Indonesian Archipelago Sea Lines II Lombok Strait becomes global trade, namely: Lombok Strait, has the opportunity to become a location that bridges tourist destinations and also as Indonesian Archipelago Sea Lines II route which has the opportunity to become a global trade route, besides that it has challenges namely: there is still no good seaport and have adequate infrastructure properly, and the Traffic Separation Scheme in the Lombok Strait Indonesian Archipelago Sea Lines II hasn’t been established to maintain the safety of the ships crossing the Lombok Strait or Indonesian Archipelago Sea Lines II.

As a rational suggestion that the Government of the Republic of Indonesia can implement to establish a Traffic Separation Scheme in the Indonesian Archipelago Sea Lines II Lombok Strait, so that ships including submarines that travel in Indonesian Archipelago Sea Lines II the Lombok Strait can run well, smoothly, safely until at the destination of the ship’s voyage.

REFERENCES

Danusaputro, S. M. (1979). Wawasan Nusantara, Buku I. Alumni.

IMO?: Maritime Safety Committee, Adoption, Designation And Substitution Of Archipelagic Sea Lanes, 69th. Session, “Partial Sistem of Archipelagic Sea Lanes in Indonesian Archipelagic Waters “, SN.Circ.200, Annex, 26 May 1998.

Kusumaatmadja, M. (1977). Konsepsi Hukum Negara Nusantara Pada Konperensi Hukum Laut Ke-III. Idayu Press.

Marlina, M. (2018). EKSISTENSI ROADSTEADS DAN PEMANFAATAN HAK EKONOMI DI LAUT. Jurnal Ilmiah Hukum LEGALITY, 25(1). https://doi.org/10.22219/jihl.v25i1.5991

Maxeiner, J. (2007). Legal Certainty: A European Alternative to American Legal Indeterminacy? Tulane Journal of International & Comparative Law.

Michael, T., Firnanda, A., Winarta, B., & Turnip, C. (2020). Pembentukan Komite dalam Penanggulangan Terorisme di Laut Lepas. LITERATUS, 2(1). https://doi.org/10.37010/lit.v2i1.8

Rochette, J., Iddri, G. W., Iucn, K. M. G., Greiber, T., Iass, S. U., & Iucn, A. S. (2015). A new chapter for the high seas? Issue Brief IDDRI Oceans and Coastal Zones.

Michael, T., Firnanda, A., Winarta, B., & Turnip, C. (2020). Pembentukan Komite dalam Penanggulangan Terorisme di Laut Lepas. LITERATUS, 2(1). https://doi.org/10.37010/lit.v2i1.8

Get the App