History of Law of the sea

A. History of Law of the Sea
 1. Islands waters
 In Article 3 paragraph 3 of the law states that the waters of Indonesia, "Indonesian archipelagic waters are all waters which is located on the inner side of the straight archipelagic baselines regardless of depth or distance from the coast."Because the Convention on the Law of the Sea (UNCLOS III) has recognized the concept of an archipelago (archipelagic state), the Indonesian archipelagic waters also entered into the protection of international maritime law as well as other island nations.2. Inland WaterwayIn Article 8, paragraph (1) United Nations Conventions on the Law of the Sea (UNCLOS 1982) stated that the so-called Inland waters are waters on the landward side of the baseline of the territorial sea. The article reads, "waters on the landward side of the baseline of the territorial sea is part of the state inland waters". Whereas in Article 3 (4) of Law No. 6 Year 1996 regarding Indonesian Waters stated that, "Inland Waterway Indonesia are all waters which is located on the land side of the low water line of the beaches of Indonesia, including into it all part of the waters located on the land side of a closing line referred to in article 7. inland Waterway Indonesia consists of: an inland sea, and inland waters.Furthermore, the inland sea within the meaning of this law is part of the sea that is located on the land side of the closing line, on the ocean side and low water gari. While all waters Inland Water is located on the remaining land of the low water line, except at the mouth of the river inland waters are all waters which is located on the land side of the river mouth closing line.Details of Indonesian waters under the provisions of Law No. 4 / Prp 1960 (now Act No. 6 of 1996), the law of the sea is traditionally held on the high seas marine division, the territorial sea and inland waters. In the open sea, there is a regime of freedom for all ships sailing in the sea area to the prevailing regime of innocent passage of foreign ships and in inland waters right of innocent passage is not there. As for Indonesia, for their parts of the high seas or territorial waters of the inland sea that became the basis for the withdrawal of a straight line from end to end, the division of the waters of Indonesia is quite a bit different from other countries. In accordance with Act No. 4 / Perp 1960, the Indonesian waters consists of the territorial sea and inland waters. Inland waters is divided also on the inland sea and inland waters.
            Regarding the right of innocent passage in the territorial sea, there is no problem because it has a provision that has been accepted and guaranteed by international law. Indonesia sea waters, ships of all countries either locked or not locked, enjoy the right of innocent passage through the territorial sea (article 17 of the Convention). Furthermore, Indonesia distinguish inland waters (waters of the archipelago into two groups), namely:Inland waters that before the enactment of Law No. 4 / Prp of 1960 the territorial sea or seas. Inland waters is called an inland sea or internal seas.Inland waters that before the enactment of Law No. 4 / Prp of 1960 a former inland sea, hereinafter called the inland waters or coastal waters.
            In the inland sea, the Indonesian government to ensure the right of innocent passage of foreign vessels. As we know, this was once an inland sea are parts of the high seas or the territorial sea and naturally we give the right of innocent passage to foreign vessels. Conditions were also expressed by the Geneva Convention, and which is confirmed also by Article 8 of the Convention 1982. In inland waters there is no right of innocent passage. It is a natural thing because of its proximity to the beach as children of the sea, estuaries, bays mouth less than 24 miles, ports, and others. In addition, the Indonesian government in 1985 has ratified UNCLOS III / 1982 by issuing Law No. 17 of 1985 on Ratification of the United Nations Convention on the Law of the Sea is third.
            As a comparison in the study of the development discourse of law of the sea, especially discussing the territorial sea and an additional point in a different era, here we will examine the difference between the Geneva Convention in 1957 with the United Nations Convention on the Law of the Sea 1982 (UNCLOS III 1982) specifically discusses the Territorial Sea and the Additional Paths;
            Geneva Convention of 1957 which discusses the Territorial Sea and the Additional Line affirmed several principles of territorial sea that has evolved since the inception of international maritime law and obtain a clear formulation in the codification of the Hague Conference in 1930.
            In some ways, this Convention contains provisions which are new developments in public international law of the sea. Notable among them are the provisions of Articles 3, 4, and 5 of the withdrawal of its baseline.Article 1 states that the territorial sea is a path that is located along the coast of a country under the rule of the state.Article 2 states that sovereignty over the territorial sea only covers also airspace above and the seabed and subsoil below the seabed.Article 3: contains provisions regarding the tidal line (low water mark) as the baseline of the ordinary ( "normal" base-line)Article 4: set the straight baselines from end to end (straight base-lines) as a way of withdrawal of baselines that can be done in certain circumstances .. In elaboration, paragraph (1) establishes in things which can be used demarcation system straight baseline, namely:In those places where the beach a lot of twists and turns sharply or go deep into the sea.If there is a series of islands which is not far from the beach.
            The next verse (2, 3, and 5) contains the conditions that must be considered in applying the withdrawal of the baselines by straight baseline system from end to end.
            The first requirement is that the straight lines should not deviate too much from the general direction rather than the beach and that part of the sea that is located on the inner side (the side surface) lines should thus be fairly close to the area of ​​land to be set by the regime of inland waters, ( paragraph 2).
            The second condition is that the straight lines should not be between two islands or the mainland part which just raised above the water surface at a time when tides (low-tide elevations) unless thereon has established the lighthouse-beacon or installations serupayang every time there is on the surface of the water (paragraph 3).
            The third condition is that the withdrawal of the base line should not be done in such a way to break up the territorial waters of other countries with high seas. (Verse 5).
            Paragraph 4 can be considered in addition to the provisions of paragraph 1 concerning the establishment of a straight line as the base line. This verse establishes that in determining the straight baselines is therefore considered special needs that are economically than an area which can be evidenced by the habits and needs that have been longstanding.
            The provisions in paragraph 1 stated "......., In those places where, and so on ....," Shows that the system of straight baselines is a special way of withdrawal of baselines that can be used by a country. The special nature rather than straight baselines appear more clearly when we connect subsection (1) with Article 3 of which states tidal lines as the baseline of the ordinary (normal base-line). This provision means that a country can emnggunakannya disebagian beaches that meet the requirements of paragraph (1).
            As known decisions I of the Convention on the straight baselines is based on the decision of the International Court dated December 28, 1951 in the matter of dispute between the United Kingdom and Norway Fisheries (Anglo-Norwegian Fisheries Case).
            With the publishing of the provisions on the withdrawal of straight baselines is in the convention on "Territorial Sea and the Additional Zone", then the contents of the International Court of Justice decision which is based on Article 59 "............, not binding unless the parties to the dispute and in respect of the case concerned ", has now been recognized to be a way of withdrawal baselines are - with certain conditions - generally applicable.
            Whereas the provisions on the territorial sea listed in UNCLOS IIII / 1982 explains that, the country's sovereignty in the region other than mainland coastal and inland waters, archipelagic waters, also includes the territorial waters, airspace above and the seabed and its subsoil.
            Territorial sea limit not exceeding the limit of 12 nautical miles from the baseline of normal. For countries that have islands surrounding coral reefs, the baseline is the line ups and downs of the reef towards the sea. This section also discusses the archipelagic waters, river mouths, bays, port installations, the determination of the territorial sea boundary line between countries that are facing or adjacent beaches and peaceful cross.
            Regarding additional zones, determining that the coastal states in the zone can carry out the necessary supervision to prevent violations of laws regarding customs, fiscal, immigration and sanitary ware in its territory, but not more than 24 nautical miles. That is, for an additional zone, the distance is extended as wide as 12 nautical miles from the territorial sea.
            As has been mentioned above, a country could have full sovereignty in its territorial waters and can organize and carry out the actions necessary to ensure, among others:a. The safety of the country's defense against nuisance / attacks from the outside;b. Supervision of the exit and entry of foreigners (immigration);c. Implementation of fiscal regulations (customs and excise);d. Work in the field of health (quarantine);e. fisheries interestsf. Mining and other natural products.Therefore, the determination of the 3-mile wide sea that are listed in the "territoriale Zee en Maritieme Kringen Ordinance of 1939" which in article 1, paragraph 1 a.l. stated that "Indonesia's territorial waters off the 3-mile width is measured from the low water line (laagwaterlijn) than the islands and parts of islands that are part of the land area (grondgebied) from Indonesia ......... .." perceived no longer appropriate to the current situation and perceived is not enough anymore to ensure the best interests of the people and state of Indonesia which is usually held within the territorial sea of ​​a country. Therefore, in 1996, the Indonesian government issued Law No. 6 of 1996 on Indonesian waters as a follow up of the agreement UNCLOS III / 1982 which set a limit of the territorial sea of ​​12 nautical miles.
            According ICNT, what is meant by "Additional Line" is a sea area that is adjacent to the territorial sea, of a width of not more than 24 nautical miles calculated from the base line, from which the breadth of the territorial sea is measured. With the wide waters of less than 24 nautical miles limit the scope of Representatives with Malaysia, with Singapore and the Philippines, then in certain waters of our country do not have "Additional Line".
            On the additional lanes, Homeland has certain powers toPrevent violations of legal regulations concerning all late Bea, taxation (fiscal), imirasi, and "sanitary", applicable in the territory or territorial sea RI.Crack down on violations of legal regulations mentioned above were carried out in the territory or territorial sea RI.3. Sea territorialIn Article 3 paragraph 2 of the law states that the waters of Indonesia, "the Territorial Sea is the sea lane width of 12 (twelve) nautical miles measured from the baselines of the islands of Indonesia as stipulated in article 5". Article 5 The question is about the rules and procedures for the withdrawal of Indonesian archipelagic baselines. The definition of territorial sea that is contained in Law No. 6 of 1996 Indonesia is following the provisions contained in the 1982 UNCLOS.In this provision (UNCLOS III), the territorial sea limit does not exceed the limit of 12 nautical miles from the baseline of normal. For the island countries that have coral reefs in the vicinity, the baseline is the line ups and downs of the reef towards the sea. This section also discusses the archipelagic waters, river mouths, bays, port installations, the determination of the territorial sea boundary line between countries that are facing or adjacent beaches and peaceful cross.4. Additional SeaAdditional zones in Article 24 (1) of UNCLOS III stated that a zone of the high seas contiguous to the territorial sea of ​​the coastal state may exercise its oversight required for:Prevent violations of its laws relating to customs problems (customs), tax (fiscal), keimigrasiandan health or sanitary.Punish violations of regulations or laws mentioned above.In paragraph 2 stated about the maximum width of the contiguous zone may not extend beyond 12 nautical miles measured from the baseline. This means that additional zones that have meaning only to countries that have less than the width of the territorial sea of ​​12 nautical miles (this according to the Law of the Sea Convention Geneva 1958), and is no longer valid after the introduction of new provisions in 1982. According to the Law of the Sea Convention article 33, paragraph 2 Convention on the Law of the sea 1982, the contiguous zone can not exceed 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. Here are some things to clarify about the location of the additional zones:First, place or lines from which the breadth of additional paths that must be measured, place or that line was in the base.Second, the extra width of the zone can not exceed 24 nautical miles, measured from the baselines.Thirdly, therefore sea zone as wide as 12 nautical miles measured from the baseline is a territorial sea, the contiguous zone width practically it is 12 miles (24-12) nautical miles, it is measured from the outer limits of the territorial sea or, in other words additional zones are always located outside and adjacent to the territorial sea.Fourth, In the contiguous zone, a coastal state has jurisdiction only terbats as defined in article 33, paragraph 1 of the Convention Hukla 1982. This is of course different from the territorial sea in which the coastal state has full sovereignty of the territorial sea and only limited by the right of innocent passage.5. Indonesian Exclusive Economic Zone (ZEEI)Indonesia is entitled and has set its EEZ as wide as 200 miles from the baselines of the archipelago (Article 48 and 57). In the EEZ, Indonesia has:Sovereign rights over all natural resources contained therein;Jurisdiction for: (a) Establish, manage and use of artificial islands, installations and other structures (Article 56 and 60); (B) Set a marine scientific investigation; (C) protection and preservation of the marine environment;Rights and other obligations stipulated in the convention.In the EEZ, other countries have: (1) Freedom of sail and fly; (2) Right to lay cables and pipelines, installations and buildings in accordance with the provisions of the law of the sea on the Continental Shelf and EEZ; (3) The freedoms seas referred to in Article 88 to 115, covering areas that have to do with ships and shipping; (4) Access to. fisheries surplus that is not used by the coastal State.The actions required are:Establish the outer limit of the EEZ of Indonesia in a map with the coordinates and the points;Specifying in agreements with neighboring countries about the boundaries and ZEE Indonesia that may overlap with the neighboring country's EEZ. The limits of the continental shelf that has been established with neighboring countries in a variety of approvals may not necessarily be considered as equivalent to the limit of the EEZ, because the two conceptions mi (EEZ and the continental shelf) are two different conceptions and each is a concept that is sui generis.Announced and deposit copies and maps or lists the coordinates of the UN Secretary General (Article 75)Announcing the fair construction and layout of artificial islands, installations and other structures, as well as the safety zone and dismantle if not used anymore (Article 60 regulates in detail);Indonesia should set the allowable catch and the sources of its EEZ fisheries (Article 61). Indonesia as a coastal state is also obliged to maintain, based on scientific evidence that there was, so that resources are not over-exploited fishery in order to keep the maximum sustainable yield. For the purposes of this, Indonesia is necessary to cooperate with other countries concerned and with international organizations competent;To achieve optimum utilization and natural resources, Indonesia must establish its capacity to harvest and give kesernpatan to other countries in the region, particularly countries are not locked and the countries that are geographically disadvantaged, to take advantage of the surplus of the allowable catch which not utilized by Indonesia (Articles 62, 69, 70, 71, and 72 regulating the use of surplus);To regulate the use of natural resources in the EEZ, Indonesia needs to issue a fisheries regulation that permitted by the Convention (Article 62 paragraph 4), for example, on fishing permits, determining the type of fish that may be caught, the division of seasons and areas of fishing, the determination of the age and size fish may be caught and others;Set up with the countries concerned or with regional organizations / international fair about the maintenance and development of fishery resources contained in the EEZ two countries or Iebih (shared stocks), highly migratory species and the provisions of the Marine Mammals, anadromous and catadromous species and sedentary species.6. Continental ShelfThe coastal State is entitled to have included Indonesian seas beyond the continental shelf in the area throughout the natural prolongation of its land territory to the outer edge of the continental margin, or up to 200 miles and coast lines (Article 76 paragraph 1). The coastal State shall menctapkan and the outer limits of the continental margin continental margins if they are outside the 200-mile limit.And the outer limits of the continental shelf in the continental margin that lies beyond the 200 miles established maximum of 350 miles and baselines or 100 mill and a water depth of 2500 meters. The limit should be set with straight lines, each length should not be more than 60 miles. The border can be examined by a Commission on the Limits of the Continental Shelf to be established and shall be announced and deposited with the UN Secretary General (Article 76 paragraph 9).Unlike the coastal state rights over the EEZ (which allows the surplus of fisheries taken by other countries) sovereign rights of coastal states over natural resources, the continental shelf is exclusive and need not be divided with the other countries, except as mentioned below, although country- the country in question not yet used.Selanjunya described, a coastal state should donate part and the natural wealth of the continental shelf that is taken outside the 20-mile limit to the Agency for International Authority to be established. The amount of the contribution is 1 per cent, and production began its 6th year and then every year production rose by 1 percent, so the maximum contribution to 7 percent beginning in the production of the 12th.Further actions that need to be carried out by the Indonesian government are:Indonesia should investigate whether geologically Indonesia has a continental margin beyond the 200-mile limit. If there is, then we should set these limits in accordance with the provisions of the Convention and to deposit a map with coordinates of the boundaries in the UN Secretary General and the International Authority (Article 84) the establishment at this time is being negotiated;Indonesia still has to resolve its continental shelf boundary with neighboring countries, especially with Vietnam, Australia, the Philippines and Malaysia in East Kalimantan;Also the Indonesian Continental Shelf Act No. 7/1973 would be refurbished to conform with the new provisions of the continental shelf mi;Needs to be reorganized laws / provisions relating to the investigation ilniah, environmental maintenance, security installations, exploitation and exploration on the continental shelf and the determination of the jurisdiction of immigration, customs, problem-rnasalah civil and criminal in Indonesia continental shelf.A. Some of the Case Law of the Sea in 2005 - PresentI. Border Indonesia Malaysia Offenders MostYear 2008 - 2009, violations of the border with neighboring Indonesia nagara often are violated by Malaysia. This is evidenced by the violation of the borders of the country is still being conducted by neighboring countries. Malaysia's most frequent encroachment RI.It was revealed at the meeting (raker) Commission I with ministers in the ranks of the Political, Legal and Security (Politics), in Jakarta, on Monday (March 2nd 2009). The Coordinating Minister Widodo AS (during the leadership of President Susilo Bambang Yudhoyono period I) was elaborated the various violations of the Indonesian territory which occurred in the period January to December 2008.Of note Coordinating Ministry for Politics, East Kalimantan Province is the region most frequently experienced RI territorial violations by other countries. To breach the border area of ​​Indonesian waters, in the waters surrounding East Kalimantan and Sulawesi Sea has occurred 21 times violations by Malaysian warships and six times by the Malaysian Maritime Police Boat.While in other waters three times, he said. In the meeting, which was also attended by Minister of Defense and intelligence chiefs, the Attorney General, the Army Commander and the Chief of Police, Widodo said, the violation of air in border regions is most prevalent also in East Kalimantan.During 2008, occurred 16 times airspace violations in East Kalimantan, he said. Other regions also suffered abuse air sovereignty among others three times in Papua, twice in the Straits of Malacca and seven times in the other regions in Indonesia.As for violations of land, including the displacement stakes border in West Kalimantan. Displacement boundary markers sektro occurred in Central, North Mumbau Mountains National Park Betung Kerihun, District Putu Sibau and the Kapuas Hulu district, said Widodo. In addition, former TNI chief continued, breach land borders also carried out by border crossers who do not have valid documents.At the meeting, led by the Chairman of Commission I Theo L Sambuaga it, Widodo also explained about various actions for violation of territorial integrity of Indonesia. For violation land, Ministry of Foreign Affairs has sent a protest note to the country of offenders. Cases of violation of the land area was also brought to the forum Genera Border Committee (GBC) and the Indonesia-Malaysia Joint Border Committee (JBC) between Indonesia and Papua New Guinea. And for infringement of national territorial waters and air, has responded with immediate expulsion by military operational unit, as well as sending a letter of protest by the State Department, said Widodo. (Beritahankam)Military  Enters Malaysian Indonesian waters territory in AmbalatIn 2010, precisely in August 2010 as many as three people arrested by officers of the CTF police arrested seven Malaysian waters after nalayan Malaysia were caught fishing in Indonesian waters. Three officials of the Commission then held in Malaysia and they were released in a way diberter with seven Malaysian fishermen.In this event got a lot of spontaneous protests of Waga country Indonesia, and including strong protest issued by the government of the Republic of Indonesia to the government of Malaysia.Indonesian Marine and Fisheries Minister Fadel Muhammad said Malaysia underestimate Indonesia by treating the three officers of the ministry were arrested by police water Malaysia less feasible."Three officers of the Commission (MMAF) were arrested by police water Malaysia detained at the office of the Malaysian police, dressed in clothes of prisoners, and when out of the room in handcuffs," said Fadel Muhammad on discussion polemic "Indonesia-Malaysia: A clump but not Rukun "here on Saturday.According to him, the Malaysian police treatment underestimate Indonesia. Moreover, three were formally arrested officers while performing their duties which is arrested seven Malaysian fishermen were caught fishing in Indonesian waters.Fadel asked the government to be more assertive because if you continually like this he will be more concerned about actions underestimate Malaysia Indonesia.Meanwhile, Head of Public Relations of the Ministry of Defence Brigadier General I Wayan Midhio said the official at the Ministry of Defence to hang out a lot with officials at the Ministry of Defense and military of Malaysia."To my knowledge there is no Malaysian military officials who underestimate Indonesia," he said.To keep the defense in the border region, he said, the Ministry of Defence did perthanan cooperation with Malaysia and Singapore.Incident in Bintan, Riau Islands involving fishermen Malaysia, three officers of Maritime Affairs and Fisheries as well as the governments of Indonesia and Malaysia actually shows the weakness of the Indonesian sea defenses."We ask for the case of disputes Malaysia so momentum reorganize the management of the maritime border areas" Mahfouz said Sidik, DPR Defense Commission member in a discussion in Jakarta, Saturday, August 21, 2010.In the discussion, Minister of Maritime Affairs and Fisheries Fadel Muhammad admitted that Indonesia is still weak maritime defense. This is due to the lack of coordination between one party to another. "Judging from the role, should be more than enough. But this is because there is never any cooperation, "said Fadel.He said his security forces in northwest Indonesia handled by the Ministry of Maritime Affairs and Fisheries, Marine Security Coordination Agency, the police, the navy, and the officers of the customs. "I have reported the President to be organized, so that the incident with Malaysia yesterday did not happen again and not to blame," said Fadel.Later the area of ​​maritime security, Fadel hopes handled by the Ministry of Political, Legal and Security.Defense Ministry spokesman I Wayan Midhio recognize there needs to be an agreement to set maritime security. "Law-has not any, need to be designed to secure the division certainty," He said. (Antasari.net-antaranews-tempo) Events Triple Officers of CTF Arrested By Police Bodies MalaysiaStill in 2010, in a report written by Diandra Megaputri Mengko on an online site reported that the idea of ​​law,Incident 'offense' sea border area between Indonesia and Malaysia that occur in the waters of Riau Islands province is already not a first for Indonesia. Each year, the Indonesian Navy has always reported on their 'border violations' committed this neighboring country. Nevertheless, we should be able to look back in the use of the word 'border' and 'offense'. The second word should be placed back into the right position to examine the legal aspects and facts in the world as well as the conditions in the country.International Boundaries Research Unit (IBRU) at the University of Durham identify that today there are hundreds of international maritime border which has not been agreed bordering countries. Although many such conflict lasted only at the level of diplomacy, it is possible that it deteriorated and terekskalasi into armed conflict. The problem of border is a constant threat to international peace and security because it involves sovereignty that are often non-negotiable (non-negotiable), is classified as a territorial conflict's most intractable contradictions.1982 UNCLOS (United Nations Convention on the Law of the Sea) is a world-wide effort to unify the perception of delimitation of sea and coastal state rights in every region. This area is divided into the area of ​​the territorial sea, contiguous zone, exclusive economic zone and continental shelf. The width of the area of ​​each region is determined by the maximum at this convention (Example: a maximum of 200 miles for the application of the exclusive economic zone). Determination of the width to the maximum limit is often exploited coastal states to make claims to the maximum area anyway. If there is a limit of less than that specified as an international agreement, the settlement will be made through negotiation by both parties. At this point, the border issue is complex, because often there are countries that prefer not willing to negotiate, and claiming it unilaterally.The ambiguity in this sea border will increase the chances of the emergence of conflict incidents 'border violations' as is often the case previously. Like the old saying that the crime occurred not simply because of their faith, but also an opportunity. How can we agree that there is no breaking the borders between the two countries if the limit had not been there?In the context of sea border, the Indonesia-Malaysia border areas which have not been agreed in four areas. Namely, the problem of claims overlap region's exclusive economic zone in the Malacca Strait northern part (Map unilateral Malaysia 1979), have not been determined line of the territorial sea in the Straits of Malacca southern part, not been determined by the region's exclusive economic zone in the South China Sea territory, and claims Malaysia on Ambalat in the Sulawesi Sea (after the Sipadan-Ligitan case).
sumber :
• http://www.kompasiana.com/syaifud_adidharta/indonesia-vs-malaysia-fenomena-perbatasan-negara-berdaulat_5500ae1a813311501afa7a68• http://www.politik.lipi.go.id/in/kolom/politik-internasional/899-konflik-komunal-di-perbatasan-indonesia-timor-leste-dan-upaya-penyelesaiannya.html