Drs. Haris Djoko Nugroho, M.Si
1. INTRODUCTION
As an archipelagic country Indonesia has direct territorial water which bordered several neighboring states. There are 10 state which the territorial water bordered directly with Republic Of Indonesia they are, that is : Malaysia, Singapore, Thailand, India, Philippine, Vietnam, Papua Nugini, Australian, Palau and of Timor Leste.
The delimitation of maritime boundaries is of vital importance for the agenda of law enforcement and sovereignty of Indonesia jurisdiction region in sea, management of natural resources and developing economic in the ocean.
Delimitation of maritime boundaries of with neighbor state is conducted to the rule of International Maritime Law, and at the moment use rule of Convention of UN on Maritime Law ( UNCLOS 1982) which have ratified by Government of Indonesia with UU. No. 17 1985. Implementation of the ratification for example is needed for management of maritime boundary covering sea boundary with neighboring state, and boundary go out to sea with high seas.
The problems concerning of maritime boundaries between Government of Indonesia with neighboring state in the reality till now have not yet been finished. Boundary of Maritime Republic Of Indonesia with neighboring state cover :
- Boundaries Territorial Sea
- Boundaries Of EEZ
- Boundaries Sea Floor or Continent Shelf
Delimitation of maritime boundaries with neighbor countries are needed to obtain rule of law enforcement which is able to support various activity on the waters like, straightening of law and sovereignty in sea, fishery, maritime tourist, off shore exploration , marine transportation go out to sea and other.
2. THE CONTINENTAL SHELF BOUNDARIES BETWEEN REPUBLIC OF INDONESIA WITH NEIGHBORING STATE
Indonesia have continental shelf boundary with a few neighboring states , other , as follows :
a. Indonesia – Vietnam
The agreement on the coordinate points of states continental shelf limits between Republic of Indonesia and Vietnam have been agreed and signed by foreign minister of Indonesia and Vietnam, who represent both states respectively on June 26th 2003 in Hanoi. The signatory of this agreement has already realized and attended by leader of both states, Republic of Indonesia and Vietnam, and this agreement has been agreed from various deliberates which executed since 1978, it take approximately 25 year (see figure 1)
The out come of the agreement between Republic of Indonesia – Vietnam, will be taken action in advanced with ratifying it on an act by Indonesian government and Foreign affairs department of Indonesia has established its time schedule referred to this agreement and arranged the planning of this ratification till the agreement will be approved by Republic of Indonesia parliament .
In this case, Indonesian and Vietnam party for continental shelf should analyze and examine the limit of Exclusive Economic Zone (EEZ) so as to implement the agreement of establishment of EEZ limits between both states immediately.
b. Indonesia – Australia
The agreement of maritime limits (Limits of Exclusive Economic Zone and Continental Shelf) between Republic of Indonesia and Australia have been carried out 3 (three) times, firstly is the agreement of Continental Shelf limits on May 18th 1971, which ratified by Republic Indonesia Presidential decree no .42 Year 1971. Then Continued on October 9th 1972 which ratified by Republic Indonesia Presidential decree no. 66 Year 1972, and these agreement cover the comprehensive maritime limits agreement between Indonesian and Australia, which signed by both foreign minister of both states who represent Indonesia in 1997. The agreement of this year is not yet ratified by Indonesian government, (see figure 2).
c. Indonesia – Malaysia
Agreement for maritime limits between Republic of Indonesia – Malaysia have been implemented such as:
- The agreement for region sea limits (territorial sea limit) in Malacca Strait on March 17th, 1970, and legalization with the Act of Republic of Indonesia no. 2 Year 1971
- The agreement for continental shelf limits in Malacca Strait on October 27th, 1969 and legalization with the Act of Republic of Indonesia no. 89 Year 1969.
Boundary of Continental Shelf between both state have agreed according to agreement on 27 October 1969 in Kuala Lumpur Malaysia and ratified by Republic Indonesia Presidential decree no. 89 Year 1969. This agreement consist of 10 point Co-Ordinate in Malacca Strait and 15 point Co-Ordinate which divided for the area of East of Malaysia West counted 10 point Co-Ordinate and East s of Serawak Kalimantan island counted 5 point Co-Ordinate ( See figure 3).
3. Prospect Claim for Continental Shelf Beyond 200 Miles
According to the provision on article 76 UNCLOS 1982 and the Rules Procedure Commission Limits Continental Shelf also DOALOS (Division of the Law of the Sea) United Nations, has announced to all member states, that a member state has a right to propose a claim referred to the continental shelf limit till 2009. The coastal state has a right to claim continental shelf beyond 200 mile, such as : it is allowable if its seabed as region has certain requirements the depth as prolongation foot slope of the continental which is a line connection 100 NM from the depth of 2500 meters, 350 NM from the baselines , foot of the continent slope plus 60 NM formula and foot of the continent slope to 1 % sediment thickness.
Therefore, as its member the continental shelf party of Republic Indonesia together with Hydro-Oceanographic Office Indonesia (Dishidros TNI AL) will then continually analyze and discuss the possibility of it. Provisionally it is estimated there are three location which have the possibility to be claimed by Indonesia namely in the west of Sumatera island in Indian Ocean Region , in the North of Papua island on Pasific Ocean Region and in the South of Sumba Island waters , ( See figure 4,5 and 6).
Indonesia has been carrying out continental shelf survey in area west of Sumatera island in Indian Ocean Region using survey ship. The survey data could not be presented now since the survey is still underway. Furthermore, the other two prospecting area claim continent shelf in the North of Papua island in Pasific Ocean Region and in the South of Sumba Island waters will be surveyed and researched in the year 2006 – 2007.
0 komentar:
Posting Komentar