By: Pardiyanto, S. Sos., M.H.
Marine security requires strong and powerful action from the State through maritime security actors. The national security and sovereignty of the State is a great foundation for security actors to enforce the law of any shipping violations in the Indonesian marine territory. Sovereignty is the authority or high authority of a State to guard its territory.
Marine security actors are the only appropriate pillar of the State to address any maritime violations because security actors are supported by a variety of personnel resources, weaponry and great infrastructure. Citizens and communities are unlikely to secure maritime offenses committed with modern equipment and technology.
Just look at the Marine and Fisheries Resource Patrol (PSDKP) Shark Patrol (PSDKP) Shark Tiger 01 who must face the intimidation and provocation of the Coast Guard and the Vietnamese Navy when arresting five Vietnamese Ship Fishers (KIA) with 55 crew (ABK) who stole fish In the area of the Exclusive Economic Zone (ZEE) of Indonesia in the waters of the Natuna Islands, Prov. Riau Islands (21/5/2017). Vietnamese Coast Guard vessel crashed into one of the KIA Vietnam that will be driven PSDKP Tiger Macro 01 patrol to Batam Port until almost drowned, consequently 44 Vietnamese crew escaped with Coast Guard Vietnam and five Kia Vietnam re-released, even the Second Shipwright II PSDKP Shark Macan 01, Danang Gunawan Wibisono was taken hostage by the Coast Guard of Vietnam.
The Law of the International Sea confirms the zonanization of marine or marine territories which is the sovereign authority of a coastal state or an archipelagic state, so that law enforcement and mobilization of weapon forces become the authority of the State to uphold the sovereignty of the territorial waters. Some maritime zones agreed in UNCLOS 1982 include: Territorial Sea (Territorial Sea) the widest width of 12 miles measured from the base line, inland waters of the waters on the land side of the territorial sea basin, where foreign ships have no right passing, waters The islands are waters enclosed by an archipelagic base which is the full sovereignty of a country, the Additional Zone is a zone bordering the Territorial Sea and not exceeding 24 nautical miles from the base line, the Exclusive Economic Zone of a maritime zone located outside and adjacent to the Territorial Sea The width of 200 nautical miles is measured from the base line, the continental shelf of the seabed and the underside of the soil which lies outside the Territorial Sea along the natural continuation of its terrain to the outer edge of the continental edge or up to 200 nautical miles from the base line if the outer periphery of the continental edge does not cross the distance And the Inte Sea Base Rnasional, where not every country has sovereignty over the region.
UNTAET Regulation 1982 (UNCLOS 1982), ZEE applies two legal regimes: first, applicable to a special legal regime (suigeneris) states that the ZEE region is not a fully-contained area and not the applicable law of the Free Sea law regime, Exclusive right which means that other countries can utilize ZEE of a country without the country’s consent. ZEE is a marine area adjacent to the Territorial Sea measured 200 miles from the base line, where a country has the sovereign right to undertake the exploration, exploitation, management and conservation of biological and non-biological natural resources from the seabed and subsoil and undertake activities – other activities such as hydroelectricity, ocean and wind currents in the ZEE region.
With confirmation that recognized the Law of the Sea Islands (archipelagic state), Indonesia has a strong policy to fight hard to defend the sovereignty of the sea. To realize fully Islands National, State Indonesia has some homework to be resolved: first, hammer out an agreement with neighboring countries in order to determine the continental shelf and the EEZ. Indonesia faced with 10 neighboring countries (Malaysia, Singapore, Thailand, Philippines, Vietnam, India, Australia, Papua New Guinea, East Timor and Palau) who have maritime borders, which enables overlapping maritime boundaries and must be unanimous in determining the maritime boundary. Indonesia has not yet agreed on the Continental Shelf with Thailand, Malaysia, East Timor and Palau. While the EEZ that have not been agreed upon among the Indians (not meeting at all), Thailand (already 2 times), Malaysia (for the segment of the Malacca Strait, South China Sea and the Celebes Sea), Vietnam (already 8 times), Palau and Nauru Leste. Some of the Continental Shelf and EEZ that have obtained the agreement of which with Australia, Papua New Guinea, Philippines and Singapore (do not have a zone of the continental shelf and the EEZ).
Second, filing (submission) limit excess Lndas Continent to CLCS (Commission on the Limits of the Continental Shelf og). In Article 76, paragraph (1) UNCLOS 1982 mentioned the seabed and subsoil beyond the territorial sea which are situated along a natural continuation of its land territory to the outer edge of the continental edge or to a distance of 200 nautical miles from the Baselines when the outer edge of the continental edges do not cross that distance. Furthermore, in paragraph (8) when the limit of the continental shelf beyond the prescribed distance nautical miles must be submitted to the CLCS. The coastal State can make submissions of the continental shelf beyond 200 nautical miles, with the following requirements: when the thickness of sedimentary rocks is at least 1% and the shortest distance to the foot of the slope of the edge of the continental (foot of the continental slope), or no more than 60 miles from kakilereng edge of the continental both of these limits can not exceed 150 Millaut of baselines, and 100 miles of line 2500 meters water depth.
Indonesia has three potential areas where the continental shelf is more than 200 nautical miles measured from the base line, west of Sumatra, south of Nusa Tenggara and north of Papua. Indonesia has partially submitted to the western seas of Sumatera, where CLCS’s recommendation of the Indonesian submission was issued on March 11, 2011, so based on the recommendation, the area of the Continental Shelf on the western bee of Sumatra becomes 4209 km², wider than the initial proposal on June 16, 3915 km². The calculations made by Bakorsutanal in determining the position of the foot of slope and the isobath line 2500 meters, found the location west of Sumatra, southern Java and northern Papua with 1% thick sediment deposits originating from the Bay of Bengal and the Mentawai Islands, within the distance 200 nautical miles. While sediment deposition with thickness 900 s.d. 3000 meters outside of 200 nautical miles lies to the west of Sumatra Island, south of Sumba Island and north of Papua Island, so that is reason enough for Indonesia to submission boundary limits of Continental Shelf more than 200 nautical miles.
Third, the firmness of supervision and legal action in the archipelagic sea lane of Indonesia (ALKI). Indonesia has struggled to establish international sea shipping lanes in the territory of Indonesian marine sovereignty. On August 30, 1996 attached the concept of Indonesian Archipelagic Sea Lane (ALKI) in the forum of International Maritime Organization. Further on May 19, 1998, the concept of ALKI can be approved by the International Maritime Organization, so that the Government establishes the Rights and Obligations of Ships and Foreign Aircraft that pass through the ALKI on 28 June 2002. ALKI I, the voyage between the South China Sea and the Indian Ocean or vice versa by Sea Natuna, Karimata Strait, Java Sea and Sunda Strait, ALKI II voyage between the Sulawesi Sea and Indian Ocean or vice versa via Makassar Strait, Flores Sea and Lombok Strait, and ALKI III voyage between Pacific Ocean and Indian Ocean or vice versa through Maluku Sea Seram, Banda Sea, Ombai Strait and Savu Sea, or Banda Sea, Leti Strait, or Banda Sea and Arafuru Sea. Foreign aircraft and ships passing through the ALKI have the obligation: to pass quickly, to prevent the occurrence of threats or the use of force against the Island States, not to commit acts that violate international law, to focus on the purpose or intention of passing directly, continuously and as quickly as possible, and Comply with international rules and regulations.
The international community’s confidence in the sovereignty of the archipelagic States may decrease when the supervisory and marine security apparatus are not firm in cracking down on any maritime offenses, law enforcement of sea offenses is not running clean and post-judicial handling is not good, and Alutsista (the main tool of the system Defense) is still left behind from other countries. The Government’s efforts to repatriate or deport about 695 non-yustisian Vietnamese crew abducteans who were arrested for illegal fishing in the exclusive economic zone of Indonesia (9/6/2017) and good handling of ABK pro yustisia prisoners became part of post-judicial handling Improve the image of Indonesia. Therefore, the sovereignty of the archipelago State can only be realized when the Government is always based on firm diplomacy (as the character development of human resources of security actors) and the strengthening of Alutsista.