Implemantation of The United Nations Convention On The Law Of The Sea (UNCLOS ) by The Republic of Indonesia

“ Implemantation of The United Nations Convention On The Law Of The Sea (UNCLOS ) by The Republic of Indonesia “ Written By DEDY LEAN SAHUSILAWANE,SH Judge Of Sorong District Court - Indonesia CHINA–ASEAN LEGAL RESEARCH CENTRE-SWUPL FEBRUARI 2018 Background As We knows The Republic of Indonesia has the largest waters territorial in the world and two-thirds of its territory is a water territorial , Indonesia geographically is a maritime country, which has a sea area of 5.8 million km² which consists territorial of sea with an area of 0.8 million km2, archipelago sea 2.3 million km2 and an exclusive economic zone of 2.7 million km2, Indonesia has 17,480 islands and coastline along 95,181 km. At the time Indonesia was proclaimed as an independent country on the 17 th August 1945, Indonesia is a country that consisting of thousands of islands scattered from Sabang in Sumatra Island to Merauke In Papua Island, and can be called as a country of islands. Indonesia as a country within thousands islands need to protect it’s own teritorial by recognition of international society that Indonesia is an archipelagic state, the efforts for getting international recognition already championed in international forums since early 1950 and it was beginning with the “Djuanda Declaration of 1957” than followed by Indonesian Law No. 4/1960 about “ Indonesian Waters , the others efffort did by Mr.Prof Mochtar Kusumaatmadja with other Indonesian negotiating teams offering the concept of "Islands Country" to be admitted to the Conference of the Law of the Sea of the United Nations (UN) III, in " The United Nations Convention on the Law of the Sea (UNCLOS), 1982 "implies Part IV of the archipelagic state, the conception unifies Indonesian’s region. And by this concept there is no free sea (international sea) among Indonesian’s islands , as an archipelago state , Indonesia may decide it’s terotorrial baselines from the outermost points of Indonesia ‘s outermost islands (the outermost points of the outermost islands and drying reefs). It was enacted by Law No. 6/1996 on Indonesian Waters to replace UU Prp No 4/1960 as UNCLOS 1982 implementation in our national law. According to UNCLOS 1982, Indonesia must b create a map boundary, which contains base line coordinates as the point of departure of the baselines of the Indonesian archipelago. Indonesia under the leadership of President Soekarno, declared “Wawasan Nusantara” on December 13, 1957 known as the "Djoeanda Declaration" , with this declaration Indonesia viewing the sea as a territorial integrity by land, it represents the starting point of the awakening of the nautical nation after Indonesian independence. It is then enacted by Law No.4 of 1960 and furthermore regulated in Government Regulation No. 8 Years 1962. With the publication of UNCLOS 1982 it brings logical consequences as a mandate for Indonesia that must be implemented in the form of rights and obligations in the management of Indonesian maritime territories under international law. As an archipelago state Indonesia has an obligation to evaluate the policies on what has been implemented and not yet implemented in order to fulfill the mandate which has been in put on UNCLOS 1982, and by this articles , I tried to carry out the study regarding the implementation of UNCLOS 1982 by the Republic of Indonesia ; 1.2. Purpose a. To find out the extent of the implementation of UNCLOS 1982 for the benefit the nation of Indonesia. b. To find out the rights and obligations of Indonesia in the implementation of UNCLOS 1982. c. To know the obligations that have not been done by the Indonesian Government. d. To provide solutions to the various problems relating to the marine region of Indonesia. 1.3. Objectives a. Availability of information concerning the rights and obligations of Indonesia toward implementation UNCLOS 1982. b. The availability of information on the steps that need to be made of the Government Indonesia in the framework of the implementation of UNCLOS 1982. 1.4 The Expected Output Information about the inventory of rights and obligations of Indonesia in the implementation of UNCLOS 1982. 1.5 Types And Methods Of Data Collection The secondary data were collected, is the entire regulation associated with the management of the marine, the level of sectoral, regional and the International has been published . the sources of the data are : BPS (Beareau statistic of Indonesia), Center DKP (Marine and Fishery Department), Department Of Tourism, Dep. Of National Education, Dep. Of Homeland, DEP. of Foreign Affairs, Bappenas (National Planing of Development Board) , the TNI-AL (Indonesia’s NAVAL) . 1.6. Systematics Of Writing Chapter 1 INTRODUCTION Chapter 2 INTERNATIONAL RECOGNITION AGAINST the CONCEPTION of STATE ISLANDS Chapter 3 INLAND WATERS. Chapter 4 the WATERS of the ARCHIPELAGO Chapter 5 the SEA TERRITORY/region Chapter 6 EXTRA ZONE Chapter 7 EXCLUSIVE ECONOMIC ZONE Chapter 8 the CONTINENTAL SHELF Chapter 9 the HIGH SEAS Chapter 10 CRUISE Chapter 11 FISHERIES Chapter 12 MINING of the SEABED Chapter 13 PROTECTION and PRESERVATION of the MARINE ENVIRONMENT Chapter 14 MARINE SCIENTIFIC RESEARCH Chapter 15 MARINE DEVELOPMENT and TECHNOLOGY TRANSFER Chapter 16INTERNATIONAL and REGIONAL COOPERATION AS WELL AS issues THE LATEST IN THE FIELD OF MARINE CHAPTER 2 INTERNATIONAL RECOGNITION TOWARDS THE CONCEPTION OF THE ARCHIPELAGO 2.1. Declaration of Djoeanda Indonesia recorded a new milestone in the field of the law of the sea and affirming the sovereignty of the Unitary State of the Republic of Indonesia (NKRI) when on a date 13 December 1957 Prime Minister Djuanda Kartawidjaja issued a statements (declarations) concerning the territorial waters of the Republic of Indonesia : “ The geography of Indonesia as a country of Islands consisting of thousands of Islands has its own livery. For territorial integrity and to protect the wealth of the country as well as the islands of Indonesia all the Sea set in of which must be considered as unity of the round. Determination of the limit of the territorial sea as set forth in the Zeen Territoriale en Maritime Kringen Ordonnantie 1939 article 1 subsection (1) does not comply with the above considerations due to the divide Mainland Indonesia in separate parts of the territory”. 1 “ Based on the considerations that the Government states that all the waters around, between, and which connects the islands including Indonesia regardless of the mainland state of Indonesia and thus section inland areas rather than National or that are under the sovereignty of the absolute Indonesian. The peaceful outback at traffic wates for foreign ships is guaranteed congratulations and just not contrary to interfere with sovereignty and safety/The Country Of Indonesia. Determination of the limit of the territorial sea of 12 miles in width measured from the lines connecting the dots on the outer tip of the Islands Country Indonesia. " 2 ------------------- 1 article 1 TZMKO 1939 reads: "territorial sea of Indonesia: the area of the sea that stretches towards the sea to a distance of three miles the receding water line from the Sea Islands or parts of islands that belongs to the Republic of Indonesia ... ". TZMKO this is the 1939 colonial products should immediately be declared not valid anymore because of all the conflicting judgments with the legislation and the Convention on the law of the sea of 1982 (United Nations Convention on the Law of the Sea) orabbreviated UNCLOS 1982. 2. see full text of the Government's Announcement concerning the territorial waters of the Republic of Indonesia made in Jakarta on 13 December 1957. The announcement of the Government of Indonesia is now known as “The Djuanda Declaration” was prepared by Mr. Djuanda in order to attend a Conference of the law of the sea at Geneva in February 1958. The announcement of the Government of Indonesia declaring Indonesia as the island nation it gets a strong protest from the United States, Australia, United Kingdom, Netherlands, and New Zealand, but had the support of the Soviet Union (at the time), and People's Republic of China, Philippines, Ecuador. 3 The Government of Indonesia continued concerns policy on the State sovereignty over the areas of the sea and the sources of wealth contained therein. Mr. Djuanda Kartawidjaja Declaration reaffirmed again in juridis formal made with Act No. 4/Prp Years 1960 about the Waters of Indonesia. The existence of Act No. 4/Prp/year 1960, making an area of the sea of Indonesia that was 2,027,087 km2 (Mainland) to 5,193,250 km2, an addition which the area in the form of national waters (sea) amounted to 3,166,163 km 2.4 On the other hand, in the international community through international landscape The United Nations continues to perform various efforts of the codification of the law of the sea through the international conferences, namely the law of the Sea Conference in Geneva the year 1958 (United Nations Conference on the Law of the Sea-UNCLOS I) that produces 4 Conventions, but the Conference failed to determine width of territorial sea and conception island states as asked by Indonesia, then proceed with The second Conference (UNCLOS II) which also failure experienced in set the two important provisions are the determination of the width of the territorial sea and the island nation. UNCLOS I and UNCLOS II had failed to define a width of territorial sea and conception The island nation because of the various interests of each states, then the UNITED NATIONS continues the efforts of the codification and unification of the law of the sea international , which mainly started since in the year 1973, it was the beginning of the 1970s revival of public awareness of top international importance regulating and maintaining the global environment including the sea environmental, through the long process of years 1973-1982, the end of the third Conference (UNCLOS III) which form a Convention that is now known as The United Nations Convention on the law of the sea of 1982 (United Nations Convention on the Law of Sea), ----------------------------------- 3Mochtar Kusumaatmadja, law of the sea, Potpourri Binacipta, Bandung, 1978, pp. 29. 4 Ibid., pp. 34. signed by 119 countries in Montego Bay Jamaica on 10 December 1982.5 The 1982 law of the Sea Convention is still in the process of debate, the great thing is the Indonesia had announced Indonesia exclusive economic zone on March 21 1980, on 200 miles wide, and it turns out that synergize with declaration of the Convention in accordance with the practice of countries and It has been organised by ZEE in law of the Sea Convention of 1982, Indonesia then passed Act No. 5 of year 1983 about the Indonesia Exclusive Economic Zone that has a collectivity character as sui generis. 2.2. The concept of the archipelago insight into in the 1982 law of the Sea Convention Indonesia is an archipelago Country which championed by “the Juanda Declaration”, from this conception then used by the international law of the Sea Convention in 1982 was actually a incredible pride for the nation and the State of Indonesia, but most of the community Indonesia is not so familiar with the good that Indonesia has a vast sea of two three from outside the mainland Government and also not so care construction oriented to the sea, but still focused on the paradigm of development on land. Whereas the construction initiated by its predecessor that already contained in the people's Consultative Assembly Ordinance Number IV/MPR/1978 on the The outline of the bow of the State in chapter II concerning Basic national development Patterns asserting that "insights in achieving national development objectives is Insight into the archipelago that includes one political unity, a unity of social, cultural, a unified economy, and a defence and security Union ". 6 with in sets them down Insights Nusantara as the conception of the unity of the region, nation, and State regarding Indonesia as a whole which includes land (land) and water (sea) is an integral part of the final stage of the struggle is a conceptual Insight The archipelago which started since the Declaration of Djuanda Kartawidjaja on 13 December 1957. The status of the Archipelago juridiction is an archipelago (archipelagic states) has been recognized by the international community with the ConventionThe 1982 law of the sea provided for in chapter IV of article 46 which reads as follows: " (a). "archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islands; --------------------- 5. Convention on the law of the sea of 1982 has now been ratified by over 160 countries. 6. Now that applies is the law of the Republic of Indonesia number 25 Year 2004 about the Planning System National development and regulation of the President of the Republic of Indonesia number 7 Year 2005 concerning Long-term development plan National Middle Years 2004-2009 (b) “archipelago” means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such. The island State is a country that consists entirely of one or more Islands and can include other islands. Means a cluster of Islands the island including parts of the island, the waters of which and more scientific form of relationship each other so intimately, so the Islands, waters and other natural form It is a Union of geography, economics, and politics are essential or that are histories are considered as such. Figure 1. Indonesia Borders map based on TZMKO 1939 (befor e the Declaration of the Djoeanda) Figure 2. Indonesia Borders Map After The Declaration Of Djoeanda. 2.3. The role of and consequences for Indonesia as the country's Islands Behind the success of Indonesia who had fought for the width of the territorial sea so far 12 nautical miles and the struggles of its most important concept received insight into the archipelago the island nation by the international world is the seat of the great responsibility in harnessing the waters of Indonesia (inland waterway, sea and Islands territorial waters) and a wealth of natural resources in it with seoptimal possible for prosperity and the welfare of the people of Indonesia. Great responsibility run by this for make this country become a great country that provides prosperity for Indonesia society in accordance with the Constitution of the Republic of Indonesia Year 1945. The Government of Indonesia has the most important role to keep Indonesia as an island nation which has a vast sea area and manage the wealth of its natural resources properly and correctly. The role can be either the existence of an adequate budget for development in the field of marine and enforcement law and sovereignty in Indonesia's waters, the additional zone, the exclusive economic zone (ZEE), the continental shelf, and the high seas as provided for by the law of the Sea Convention 1982 and other international law. Indonesia in juridis formal has been very strong over its territory, but the consequence is Indonesia should keep the wealth natural resources in the sea and make use of them with optimal for national interests and all the people of Indonesia. Indonesia not only proud to be an archipelago, but it does not want and cannot afford to keep the sea and its riches. If Indonesia does not want to guard it well, then what happens during illegal fishing be conducted by fishermen-fishing, foreign transactions or illegal trade, piracy (piracy), pollution/environmental destruction of the sea, continue to take place, it will be drained the wealth of the sea Indonesia and Indonesia will become a poor country. Therefore, Indonesia must rise build the field havsbad including building the infrastructure, equipment and enforcement the ruling, so that Indonesia's status as an island State not only on paper his Covenant, but should make a great country that provide prosperity and prosperity for all the people of Indonesia. Indonesia is not only proud to be the island nation, but it should be the State's maritime (maritime state) and the State of the marine (ocean state), so that the motto of Jales Veva Jaya Mahe gets done properly. 2.4. Rights and obligations of State of Indonesia as the island nation The obligation of Indonesia as the island nation is already regulated by article 47-53 Convention on the law of the sea of 1982. Article 47 States that the island nation can pull line the base of a straight Islands (arhipelagic baselines) and rule has been transformed or implemented into the laws of the Republic of Indonesia Number 6 years 1996 about Indonesia's waters and Goverment Regulation 37-year 2002 Number of rights and obligations Foreign ships and Aircraft in the exercise of the right of the cross-flow of Sea Islands through the flow of the sea, Islands and PP 38-year 2002 Number of List Geographical Coordinates Of Points Line The Base Of The Islands Of Indonesia. Figure 3. Map Indonesia Waters based on Act No. 6 of the year 1996. The obligation of Indonesia as the island nation is bound by the Convention on the law of 1982 sea already done well, such as the measurement of the width of the territorial sea, zone In addition, the exclusive economic zone, and the cornerstone of the continent as desired by Article 48 of the Convention although not all set. Determination of the limit of the maritime zones must be with a deal with neighbouring countries either by State the country side by side or facing each other. Obligations of other Indonesia is respect for the agreements that already exist, the rights of fishing traditional, and installation of submarine cables undertaken by countriesthe neighbors, respecting the rights of cross of peace (right of innocent passage) cross, and the right Groove the Sea Islands (the right of archipelagic sea lanes passage). Figure 4. Map The Flow Of The Sea Islands Of Indonesia (ALKI) Based on PP No. 37 Year 2002. The obligation of Indonesia as the island nation concerning State rights Another ascertained already and will be implemented as well as possible, but the question It's not that. The most important duty of Indonesia as the island nation is the obligation exercise the sovereignty of the Islands in waters, i.e. the obligation of harness biological and natural resources non-biological in the waters of the archipelago as well as carrying out enforcement of the law. The waters of the archipelago is part of the sovereignty, and these included waters that historically championed by the country's predecessors. Chapter 3 INLAND WATERWAY 3.1. General Inland waterway (internal waters) is that part of a country's waters that subject to the sovereignty of the country, as well as inland waterway in Indonesia that is already regulated by law number 6 Year 1996 about the waters of Indonesia. Article 3 paragraph (4) of ACT No. 6/1996 confirms that Indonesia is the inland waterway all waters which lie on the side of the low-water line of the army of the coasts of Indonesia include into it all part of waters located on the land of a the closing line. 3.2. The concept of inland waterway according to the law of the Sea Convention of 1982 Article 8 of the Convention of the law of the sea of 1982 States that: ".. .the waters on the landwardside of the baseline of the territorial sea form part of the internal waters of the State", i.e.that inland waterway inland waters is on the side of the base line of territorial sea inland waters are part of the country. 3.3. Rights and obligations of Indonesia as well as the current status Inland waters of Indonesia is fully under the sovereignty of the State Indonesia, until recently Indonesia has yet to establish territorial waters inland, with the identification. In addition there are inland waters Harbor place loading and unloading of import-export goods to and from Indonesia. In the context of Indonesia's development national economy, the ports are there in Indonesia was supposed to have international standards and able to compete globally with the overseas harbours. Indonesia is obligated to provide the security and safety of the cruise international line with International Ship and Port Facility Security (ISPS) Code adopted by the International Maritime Organization (IMO) on 12 December 2002. In addition, the inland waters of Indonesia often used as places of exile the waste so that the inland waters in several places in Indonesia often looks dirty, and maybe going on environmental pollution and destruction of marine habitat. When the Government let the situation in inland waters, then it can be considered has violated the obligation of the State to protect and preserve the marine environment as defined by article 192 of the Convention law of the Sea 1982 which reads: "States have the obligation to protect and preserve the marine environment ". The Obligation Of Indonesia inland waters are for the benefit of Indonesia, namely in the form of the duty of keeping and preserving the environment as a whole, although in the context of the environment the sea there is already Government Regulation Number 19 Year 1999 about controlling Pollution of the sea that is the implementing regulations of Act No. 23 The Year 1997 on the management of the environment. Chapter 4 THE WATERS OF THE ARCHIPELAGO 4.1. General The Republic Indonesia success notes as the island nation championed by Mochtar Kusumaatmadja is not easy, but through a long process and the refusal of from some countries such as United States, United Kingdom, Canada. The struggle started since the existence of Declaration of Djuanda Kartawidjaja on 13 December 1957 as listed in chapter Introduction above. Law of the Sea Conference in Geneva in 1958 and Law of the Sea Conference II in 1960 was still much set the status of the waters of the archipelago because the status of the territorial sea width alone does not work, until all the status regime maritime regimes the specified through the long process of law of the Sea Conference III started first session (First session) at the UN headquarters in New York 3-15 date December 1973. Before the law of the Sea Conference III process at starting in 1973, the Tribunal UN General December 17, 1970 succeeded in making the resolution Number 2749 (XXV), namely the Declaration of Principles Governing the Sea-Bed and the Ocean Floor and the tahe Subsoil there of are beyond the Limits of National Jurisdiction, and resolution Number 2750 (XXV) and the same date decided to invite all countries in the Conference The law of the sea III. Resolution Number 2749 was about the Declaration of the principles of on the seabed, the ocean floor, and the ground underneath it beyond the limits National Jurisdiction. Declaration of principles of the years 1970 it is thanks to the initiative of the The Government of Malta through delegates, Arvid Pardo, that the seabed and wealth in it that are outside the jurisdiction of a country should be at the status for the interests of the human race, that is subject to the principle of the common heritage of mankind. Indonesia is not the only country that has championed the concept of Island Nations in UNCLOS I, UNCLOS II and UNCLOS III, but there are a few other countries, namely like Fiji, Philippines, Malta and Mautitius. Now there are a few countries in the world the officially stated his country as an archipelago, namely: (1)Antigua and Barbuda (Maritime Areas Act 1982); (2) the Bahamas (Archipelagic Waters and Maritime Jurisdiction Act 1993); (3) Cape Verde (Law No. 60/IV/92); (4) Comoros (Law No. 82-005); (5) Fiji (Marine Space Act 1977); (6) Grenada (7) Indonesia (Law No. 6 of 1996); (8) Jamaica (Maritime Areas Act of 1996); (9) Kiribati (Maritime Zones Act 1983 Declaration); (10) the Marshal Islands; (11) Papua New Guinea (National Seas Act 1977); (12) Philippines (Act No. 3046 of 17 June 1961 the U.S. amended by Act No. 18 of 5446 September 1968); (13) St. Vincent and the Grenadines (Maritime Areas Act 1983); (14) Sao Tome e Principe (Decree-Law No. 14/78 of 16 June 1978); (15) Solomon Islands (Delimitation of Marine Waters Act 1978, Declaration of Archipelagos Solomon Islands of 1979, and Declaration of Archipelagic Baselines 1979); (16) Trinidad and Tobago (Archipelagic Waters and Exclusive Zone Act 1986 and Archipelagic Baselines of Trinidad and Tobago Order 1988); (17) Tuvalu (Maritime Zones Declration Ordinance 1983); (18) Vanuatu (Maritime Zone Act 1981); (19) Bahrain (potential as the island nation); (20) Cuba; (21 )Malta; (22) the Maldives; (23) of Mauritius; (24) the Seychelles; (25) St. Kittss and Nevis; (26)Tonga After a long history of understanding finally processes an archipelago managed defination as contained in Article 46 subparagraph (a) and (b) of the Convention The 1982 law of the sea mentioned as follows: (a) "archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islands; (b) the "archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded the us such. The island State is a country that consists entirely of one or more Islands (archipelagos) can include other islands, whereas the definition of the Islands is a cluster of islands including the island, waters and other natural form that are related to each other by eratnya, so the Islands, waters the natural form and shape the Union of geography, economics, and politics are an essential or is historically regarded as such. 4.2. The base of the Line Islands (Archipelagic Baselines) Convention on the law of the Sea 1982 entitles the island State to withdraw line the base of the Islands as provided for by article 47, that is as follows: 1. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that withinsuch baselines are included the main islands and an area in which the ratio of the areaof the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. 2. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed thatlength, up to a maximum length of 125 nautical miles. 3. The system of such baselines shall not be applied by an archipelagic State in such a manner asto cut off from the high seas or the exclusive economic zone the territorial sea of another State. 4. The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State. 5. If a part of the archipelagic waters of an archipelagic State lies between two parts of animmediately adjacent neighbouring State, existing rights and all other legitimate interests18 which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected. 6. he baselines drawn in accordance with this article shall be shown on charts of a scaleor scales adequate for ascertaining their position. Alternatively, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted. 7.The archipelagic State shall give due publicity to such charts or lis geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations. The island State can draw a straight line that connects the base of the Islands the outermost points of the outermost islands including Mainland by comparison The island nation is between sea and land with one than one and nine as opposed to one (1:1 and 9:1). The length of the base line should not be exceeds 100 nautical miles except for 3% of the sum of all the lines of the base of the mengelili each Islands can exceed the maximum length up to 125 nautical miles. The withdrawal of the This base line should not deviate too far from the General configuration, and also not be drawn to and from low tide elevation (low-tide elevations) unless there are lighthouse or permanent installation and its distance does not exceed width of territorial sea, i.e., 12 miles. Countrythe Islands should not draw a line the base of the territorial sea that cuts it, or zone exclusive economic country. Convention on the law of the Sea 1982 requires that the island State for respect for the rights and legitimate interests of its neighbours. Determination of base line It should be noted in the map of the country with the list of geographical coordinates explicitly specifies the geodatik datum. Therefore, the island country should announce the coordinates of the map or list and deposit it’s copy in UN Secretary. 4.3. Legal Status of the waters of the Islands/archipelago, the air above it, and the ground underneath it Convention on the law of the Sea 1982 in article 49 confirms the legal status of the waters Islands, the air above it, and the seabed beneath it, that reads as follows: 1. The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines drawn in accordance with article 47, described as archipelagic waters, regardless of their depth or distance from the coast. 2. This sovereignty extends to the air space over the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein. 3. The regime of archipelagic sea lanes passage established in this Part shall not in other respects affect the status of the archipelagic waters, including the sea lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space, bed and subsoil, and the resources contained therein. The island nation is sovereign over the waters of the archipelago regardless of the depth or distance from the beach and full sovereignty include air space on it, the bottom of the sea and the land under it, as well as the source of the wealth contained in the it. The island nation must set the Groove Sea Islands (archipelagis sea lanes) and cross of peace for international shipping. The island State has the obligation to respect existing agreements with other countries and should be recognize the rights of traditional fishing (traditional fishing rights), as well as respect sea cable mounted another country in the waters of the Islands as set forth by article 51 of the Convention of the law of the Sea 1982. Recognition of the island nation against rights These should be implemented because the waters original status is subject to the regime of the high seas, but after the 1982 law of the Sea Convention are applicable since on 16 November 1994 the original status of the sea is now a the waters of the archipelago which is subject to a regime of full sovereignty of the country islands. In The Country Islands, the ships of all countries have the right to cross of peace (the right of innocent passage) through the waters of the Islands as determined by article 52 The Convention which reads: " 1 . … ships of all States enjoy the right of innocent passage through archipelagic waters… 2. The archipelagic State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its archipelagic waters the innocent passage of foreign ships if such suspension is essential for the protection of its security.Such suspension shall take effect only after having been duly published. Article 52 paragraph (2) confirms that the island State can delay While the right traffic in the waters of the islands of peace without discrimination to all the ship was intended for the protection of the security of the island nation, with Note these delays must be notified in advance. 4.4. Rights and obligations of Indonesia as well as the current status Indonesia as the island nation more than the obligation has the right According to the law of the Sea Convention of 1982. Those rights as straight base line set the Islands thus became part of the sovereignty of the RI. The waters of the archipelago that was originally used to is part of the high seas, now part of the sovereignty of Indonesia, so Indonesia should really capitalize on the wealth of natural resources in the sea. Indonesia was indeed need to respect agreements with the neighbouring countries pre-existing, respect the right of traditional fishing which is carried out by neighboring countries, for example Indonesia has conducted bilateral agreements with Malaysia regarding traditional fisheries, as stated in the Constitution of the Law No. 1 year 1983 Of Endorsement agreement between INDONESIA – Malaysia About the legal regime of the State of the archipelago and the rights of the country's territorial sea and Malaysia waters the archipelago as well as the air space over the territorial sea waters of the archipelago and the RI wrote Malaysia is located between East and West Malaysia, Indonesia has also been doing the agreement with Papua New Guinea regarding the rights of citizens of the respective parties based on the habits and traditional ways have caught fish in the the waters of the other party, as provided for in article 5 Presidential Decree No. 21 years Marine Region Agreement about 1982. Maritime, Indonesia – Papua New Guinea. Indonesian It should also respect the agreement on undersea cables and respect the right of peaceful ships cross the foreign (rights of innocent passage). In addition it is indeed a consequence Indonesia as an archipelago, Indonesia can provide, but not the obligation, the right flow of Sea Islands (the right of archipelagic sea lanes passage) for ships and air routes on it as provided for by article 53 Convention on the law of the Sea 1982, but in paragraph (12) confirmed that “If an archipelagic State does not designate sea lanes or air routes, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation”, i .e. When the island nation did not determine the flow of Sea Islands or its flight routes, then the Sea Islands were flow rights may be exercised through the routes that usually used for international shipping. Determination of the flow of the sea, the Islands Indonesia must work closely with the IMO, and the current status of Indonesia has determined sea Groove of these, i.e. with the Government Regulation Number 37 Year 2002 on the rights and Obligations of Foreign ships and Aircraft in the exercise of the right of the cross-flow of Sea The islands of the Archipelago Sea Flow through the set. 4.5. Recommendations 1. Indonesia should revisit the sea base lines and areas conform with the provisions of the Convention, either by the provisions of the sea areas as well as the provisions of countries of the Malay Archipelago. 2. the Reporting lines of the base of the ocean area that was made by Indonesia to the Secretary General Of The United Nations. 3. Indonesia also must have a strength capable of overseeing the fleet State sovereignty in the archipelago's waters to maintain and utilize the biological natural resources in the form of fish, so no more foreign ships operating in the waters of the archipelago of Indonesia which are I a foreign ships that exploit fish belongs to Indonesia. They have been detrimental to the country and the people of Indonesia. Therefore, Indonesia must had the human resources and infrastructure in utilizing the wealth. Chapter 5 TERRITORIAL SEA 5.1. General Convention on the law of the sea of 1982 is a great victory for developing countries especially developing countries that had a coast (coastal states), but also of the Convention provide access rights to countries that do not have the coast (land-locked States). Convention on the 1982 law of the sea stipulates that any coastal State has territorial sea (territorial sea). The territorial sea was governed by the Convention, namely that there is in chapter II of Section 2-32. Chapter II of the law of the Sea Convention of 1982, entitled "Territorial Sea and Contiguous Zone ". Article 2 of the Convention on the law of the Sea 1982 reads as follows: 1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea; 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. Article 2 this confirms that the sovereignty of coastal States includes the land, inland waterway, the waters of the Islands if the island State, and until the territorial sea or ocean regions. These include the sovereignty of air space at the top and bottom of the sea as well as the ground beneath it. 5.2. Boundaries of the Sea Area Article 3 the Convention on the law of the Sea 1982 reads: "Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention ", the meaning is that each country has the right to set the width of the sea territory is not exceeding 12 nautical miles measured from the base lines. 5.3. The Normal Base Line and line the base of a straight Line The base of normal (normal baseline) and line the base of the straight (straight baseline) is to set the width of the territorial sea and other maritime regimes regimes, such as additional zone (contiguous zone), exclusive economic zone (exclusive economic zone), continental shelf (continental shelf). Line the base of the normal prescribed by article 5 of the Convention which reads : "... the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast the as marked on large-scale charts officially recognized by the coastal State, i.e. the normal base line to measure the width of the territorial sea is the low-water line along the coast as seen on a large scale map that was officially recognized by the coastal State. Line the base of the straight is governed by the law of the Sea Convention article 7 1982 which States that the withdrawal line should be straight at the base of the locations of the coast juts out far into the in or there is a row of nearby Long Island (a fringe of islands along the the coast in its immediate vicinity) that connects the dots, so that lies about a straight line. This straight line base of withdrawal should not deviate too away with the general direction of the coast, also should not be drawn to and from low tide elevation unless there is a lighthouse (light houses) or similar installations which are permanently. In How to line the base of straight withdrawal can be done on the basis of economic interests (economic interest) as evidenced by the practice of States that have lasted a long time. The withdrawal line the base of a straight cutting should not be limited with the territorial sea of another State. 5.4. The Bay Convention on the law of the sea of 1982 has determined the requirements for arguably the Bay, that is contained in article 10. Article 10 of the Convention specifies that Bay (bay) is a clear dent (well-markes indentation) formed inland waterway the extent of the same or larger than a half circle that crosses the center line mouth slope. When the distance between points on the low-water line of the entrance natural (natural entrance points) does not exceed 24 miles, then the line closing (closing line) can be drawn between the low water line so that it becomes inland waterway, But if exceed 24 miles, then a straight line can be drawn the base. The provisions of article 10 The 1982 law of the Sea Convention does not apply to the Bay history (historic bay) because of can the interests of the concerned economic, political, or security of a State Beach. 5.5. The rights and obligations of Indonesia as well as the current status Indonesia's full sovereign territorial sea, but when Indonesia's territorial sea face to face or side by side with the neighboring countries, then it must be set the territorial sea boundry of the country as required by Article 15 Convention on the law of the sea of 1982. Article 15 of the Convention reads as follows: “Where the coasts of two States are opposite or adjacent to each other, "neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial Sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.” In terms of the beach the two countries face each other or side by side, then the width of the sea each territory is assigned based on the midline (median line) except There are historical reasons (historic title) or other special circumstances there should be a deal. determination of the boundaries of the State in that sea of territorial sea in particular often creates disputes between Nations, so Indonesia must be fully prepared and courageous maintaining the boundaries of these countries in accordance with the law of the Sea Convention of 1982. The provisions of article 2-32 of the Convention of the law of the sea of 1982 has been implementing legislation, by Act No. 6 of 1996 about the waters of Indonesia and rules of practice, i.e. Government Regulation Number 36 Year 2002 about The rights and obligations of Foreign Ships in carrying out the peace Cross through the waters Indonesia, Government Regulation Number 37 Year 2002 about the rights and obligations of the vessel and Foreign Aircraft in the exercise of the right of the cross-flow of Sea Islands through The flow of the Sea Islands, and the Government Regulation Number 38-year 2002 about the list of geographical coordinates Dots Line the base of the islands of Indonesia. In addition Indonesia limits agreement already exists with the neighboring countries, such as: legislation No 2 Year 1971 Treaty RI – Malaysia About the determination of the boundary lines of the Sea Area of two countries in the Malacca Strait, law No. 7 Year 1973 Treaty RI – Singapore About the determination of the boundary lines of the two Region countries in the Straits of Singapore and the Act No. 6 of 1973 about the agreement between Indonesia and Australia regarding the A certain Boundaries lines Between Indonesia and Papua New Guinea. Regarding the liability of the State the beach must declare any danger for precise navigation in the sea the territory has existed in law No. 21 of the year 1992 About cruise, the While this has been converted into law No. 17-year 2008 On a cruise. There is an important duty of Indonesia which has not been done, namely implementing the provisions Article 16 paragraph (2) of the law of the Sea Convention of 1982. Article 16 paragraph (2) of the Convention reads: the the coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations, the intent is that Indonesia has a 38 Year 2002 GR No. Such (deposit) should deliver copies to the Secretary-General of the United Nations. This is very important to meet Indonesia in the law of the Sea Convention of 1982 and also as anticipatory if border disputes or the ownership of the island with Other countries such as neighbouring Singapore and Malaysia which it seems they continue to target the Islands region Indonesia's sovereignty. Although Indonesia has yet to submit the copies, all the countries that have been bound by the Convention on the law of the Sea 1982 should still be based on the Convention in case of dispute, it is a good idea to Indonesia soon deliver a copy to the Secretary General of the United Nations in New York. 5.6. Recommendations 1. Negotiate a settlement boundary sea area of Indonesia with countries neighbors in particular: a. the boundary lines of the triangle RI-Malaysia-Singapore in the Straits of Singapore; b. limit line Sea region of INDONESIA-Malaysia-on the East coast of Borneo; c. limit line sea area of RI-Philippines. 2. Indonesia must deliver a copy of the map and the list of geographical coordinates to the Secretary General Of The United Nations. 3. Indonesia had to show its strength in maintaining state sovereignty and the integrity of its territory and is able to benefit from the wealth of natural resources in the sea territory for the well-being of the country and the people of Indonesia. Indonesian It should also improve the bargaining power in setting the boundaries of the State in the territorial sea with its neighbours. Chapter 6 ADDITIONAL ZONES 6.1. General The sea coast of any country territory exceeding 12 nautical miles means he will also have an additional zone (contiguous zone) which has an important role in Security and economic development. The establishment of an additional zone regime has its own history mainly originated from the practice of the United Kingdom and the United States. United Kingdom never issued regulation 1669 year smuggling and eradication 1673 where United Kingdom can withstand a ship suspected of smuggling have been doing wool, tea, liquor (liquor), and other forbidden items that occur atjaran 6-12 miles of its shores. United Kingdom expands the jurisdiction of smuggling against the ships are anchored or pacing (hovering) and the boat can be checked by customs officials within 12-25 miles since the United Kingdom already had "Hovering Acts ". Meanwhile, the U.S. issued a regulation which stipulates that the year of 1790 ships may be inspected by Customs officers within 12 miles of the U.S. can evenshoot the ships don't notice when officers violate the command such foreign the case of a ship that brought slaves (slavery) proof that pacing in a distance of 12 miles. Therefore, the U.S. makes the Prohibition Act of 1919 which prohibits ships foreigners bring liquor, liquor became scarce and expensive, soinvite the occurrence of smuggling from Canada, the Bahamas, Cuba. The famous cases of infringement in the case of additional zones the year 1922 Ruby Grace and Massachusetts. The existence of the regulation arise the case that was made famous by "the Grace and Ruby": where the Court stated asthe following: "the mere fact, therefore, that the Grace and Ruby was beyond the three mile limit,of it self does not make the unlawful seizure and establish a lack of jurisdiction ... In directing that she be seized ... and brought into the country to answer for her offence I am notprepared to say that the Treasury Department exceeded its power ", that the arrestRuby Grace and when the ship was three miles is not an illegal arrest thereforecan be captured directly and the Treasury Department did not exceed his authority. 6.2. Additional Zones Concept according to the law of the Sea Convention of 1982 The concept of an additional zone is set up by the Convention on the law of the Sea 1982, namely that contained in Article 33 which reads as follows : 1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: (a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; (b) punish infringement of the above laws and regulations committed within its territory or territorial sea. 2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. Additional zones in every coastal States can carry out the necessary surveillance to prevent violations of laws and regulations of the customs, fiscal, immigration or sanitation, and punish the perpetrators. Each State has an additional zone Beach the distance should not exceed 24 miles measured from the base lines where the width of the sea measured or territory as far as 12 miles of territorial sea is measured from a country's shore. The status of the additional zones with different status of territorial sea the territorial sea, if it belongs to the sovereignty of a State Beach in absolute, while the additional zone status is subject to the supervisory jurisdiction of the coastal States regime, not part of the sovereignty of the country. 6.3. The rights and obligations of Indonesia as well as the current status The obligation of Indonesia in the additional zone is to prevent violations regulations of the customs, fiscal, immigration, and sanitizing that can detrimental to Indonesia, as well as enforcing the law, so that the perpetrators of violations of It can be tried. The use of the word "may" is not an obligation, but a right, namely the right to oversee the necessary four violations that field and process the perpetrators of the offense. The prevention of course requires facilities and infrastructure aspects, such as human resources and the fleet of their ships are capable of oversee and maintain the jurisdiksinya in the additional zone, so there happen illegal dealings and other crimes. 6.4. Recommendations 1. Need to be arranged and announced an additional zone for Indonesia needs the supervision of the customs, finance, immigration, and health in accordance with the of article 33. 2. The needs to be more empowered Law No. 6 of 1996 about Waters Indonesia, and other sectoral laws, such as Law No. 9 The year 1992 about Immigration, Act No. 10 of 1995 Year Customs, Law No. 2 of 2002 year of State police, Law No. 3 of the year 2002 concerning the defense of the country. These Acts include cutting its in addition, zone then the sectoral legislation can be perfected in accordance with the the rules provided by the law of the Sea Convention of 1982. Chapter 7 EXCLUSIVE ECONOMIC ZONE (EEZ) 7.1. General The development of exclusive economic zone (exclusive economic zone) reflects the habits International (international customs) that was accepted into the law of habit International (sometimes international law) because it has already fulfilled two important terms, that is the practice of countries (state practice) and opinio juris sive necessitatis. Economic zones exclusively for developing countries like Indonesia is vital because in it There is a wealth of biodiversity and natural resources nonhayati, so have the role of It is important for the economic development of the nation and the State. In this world there are 15 countries who have the leading exclusive economic zone, i.e. United States, France, Indonesia, New Zealand, Australia, Russia, Japan, Brazil, Canada, Mexico, Kiribati, Papua New Guinea, Chile, Norway, and India. Indonesia was lucky all inclusive 1 from 15 countries who have a vast exclusive economic zone even the big three after the United States and France, which is about 1,577,300 square nautical miles. 1 with Indonesia which has the status of exclusive economic zone as such, it should be a fertile country Indonesia, affluent, prosperous, but the evidence suggests the opposite, so it must look for a solution. A country's exclusive economic zone is set up in full by the Convention on the law of 1982 Sea contained in article 55-75 of the Convention. 7.2. The concept of ZEE according to law of the Sea Convention of 1982 Convention on the law of the sea of 1982 has the full set of economic zones exclusive which has the nature of a sui generis collectivity or specific legal regime, as there are in article 55-75. Article 55 of the Convention reads as follows: the exclusive economic zone is an area beyond and adjacent to the territorial sea, subjectto the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by therelevant provisions of this Convention. --------------------------------- 1 R.R. Churchill and A.V. Lowe, the Law of the Sea, third edition, Juris Publishing, Machester University Press, 1999, hlm. 178 Exclusive economic zone is an area beyond the territorial sea and the berdamping subject to special legal regimes where there are rights and jurisdiction of coastal States, the right of and freedoms of other States are governed by the Convention. The width of the exclusive economic zone for each Coastal States was 200 miles as defined by article 57 of the Convention which reads : the exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, which means that economic zone exclusive may not exceed 200 nautical miles from the base of the territorial sea is measured where the. 7.3. The rights and obligations of Indonesia over ZEE Indonesia Indonesia has the rights, jurisdictions, and responsibilities in the exclusive economic zone because it was bound by the law of the Sea Convention of 1985 with Act No. 17/1985. The rights, jurisdiction, and the obligations of the Convention in Indonesia already specified by article 56 which reads as follows: 1. In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b) jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; 2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention. In the exclusive economic zone of each coastal States like Indonesia have a right sovereign for the purpose of exploration, exploitation, conservation, and manage resources good natural biodiversity as well as non-biological in its waters, the seabed and the ground underneath it as well as for economic purposes in the zone such as the production of energy from the water, currents, and the wind. While the jurisdiction of Indonesia on the zone that is the jurisdiction to make and use artificial islands, installations, and buildings, marine scientific research, protection and the preservation of the marine environment. In the exercise of sovereign rights and jurisdiksinya in the zone that exclusive economic, Indonesia should pay attention to the rights and obligations of other States. Not less important is the obligation of setting economic zone boundaries exclusive Indonesia with neighboring countries on the basis of the Treaty, the creation of a map and geographical coordinates as well as deliver a copy to the Secretary General of the United Nations. 7.4. Rights and obligations of other States over ZEE Indonesia The rights and obligations of other States in the exclusive economic zone, set up by Article 58 of the Convention The law of the Sea 1982, namely the following: 1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention. 2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part. 3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part. Exclusive economic zone in Indonesia, all countries both the coastal States or not sea level has the right of freedom of flight, cruise and the freedom to install the underwater cables and pipelines and the use of other legitimate according to international law and Convention on the law of the sea of 1982. In the exercise of the rights and freedoms of the country others must respect legislation Indonesia as coastal States who has the exclusive economic zone. 7.5. The Status of the EEZ of Indonesia Indonesia has already adopted provisions of the exclusive economic zone as contained in Article 55-75 of the Convention the law of the Sea 1982. The provisions contained in the implementing legislation, namely Act No. 5 of Year 1983 Economic Zone Indonesia, as well as exclusive obligations already undertaken by Indonesia, namely: Law No. 6 of 1996 about the waters of Indonesia, Act 31-year law 2004 Regarding Fisheries, Law No. 5 of 1990 Year of conservation Resources Biological Resources and their ecosystems, Act 31-year 2004 Regarding fisheries, and Government Regulation No. 14 of the year 1984 concerning the use of natural resources in Exclusive Economic Zone. But Indonesia has not set a limit of the outermost ZEE Indonesia in a map that accompanied the coordinates of the points and has not taken the Covenant regarding bilateral zee with neighboring countries such as India, Thailand, Malaysia, Viet Nam, Fhilipina, Papau New Guinea, and Timor Leste as listed in table 1. No Negara Pihak Maritem Border status Territorial Zone Continugous zone EEZ Selfh Continental 1 2 3 4 5 6 1. Malaysia Act No.2 /1971 - - Keppres No. 2/19711) - - No. 89/1969 Keppres No. 20/1972 2 Singapore Act No.7/1973 - - - 3 Vietnam - - - Hanoi 26 June 2003 (not yet to ratify) 4 Filipina - - - - 5 Palau - - - - 6 Papua New Guinea Act. No 6/1973 Keppres No. 6/1973 No. 21/1982 Act. No 6/1973 7 Australia - - Perth, 16 Maret 1997 - Canberra, 18/1971 - Jakarta, 9 Oktober 1972 8 Timor Leste - - - - Number of maritem borders agrement among countries which already ratified 3 0 1 6 Number of maritem borders agrement among countries which not yet ratified 1 4 7 3 Source: Directorate of International Kelembangaan – Department of marine and fisheries, 2003 Description: 1. Territorial sea Limit enforced by the new Strait of Malacca segment covers the central part The East and South of the Straits of Singapore, a segment of the Western and Eastern parts have not exchanged 2. The boundaries of the sea areas in the Strait of Singapore ratified with law No. 7/1973 (new part). Still required the determination of the boundary in the East and West segments and will be trilateral with Malaysia No need for a Treaty of maritime limits - Maritime boundary agreement has not been made 7.6. Recommendations The existence of rules of exclusive economic zones in the 1982 law of the Sea Convention the sovereign rights and the jurisdiction of giving to coastal States that shows the greatness of the struggle of Indonesia in the field of the law of the sea in addition to the existence of the Declaration Djuanda kartawidjaja 1957, since the Convention has not yet been declared applicable, Indonesia has already issued Act No. 5 of year 1983 about the Indonesia exclusive economic zone adopt the provisions of the Convention. Convention on the law of the Sea 1982 entered into force date November 16, 1994 which means long before applying, Indonesia already implements it into its national law; According to section 13 of Act No. 5 of 1983 Year exclusive economic zone Indonesia which stated that "in order to exercise the right of sovereign and jurisdiksinya that, law enforcement agencies can take enforcement action in accordance with Act No. 8 of 1981 Year Book of law Criminal Procedure ". Therefore, to maintain and utilize the wealth of resources nature in Indonesia that Indonesia, EEZ shall have the power of the sea fleet that could reliable, so that wealth in the zone were not taken by foreign ships. For it need to be made real strides in the management of the EEZ area, namely: 1. the outermost limit of the EEZ Indonesia Set in a map that accompanied the coordinates from it’s dots 2. Set in agreements with neighboring countries about the limits the continental shelf that has been established with neighbouring countries in many forums the approval would not necessarily be considered equal to the limit of the EEZ, as both the conception is different and each is a concept that sui generis. 3. Announced and deposit a copy of the maps or lists of coordinates — coordinates the Secretary-General of the UNITED NATIONS (article 75). 4. Announce a reasonable development and layout of artificial islands, installations and other buildings, as well as the safety zone and uninstall it if not used anymore (Chapter 60 regulates this matter in detail). 5. Indonesia had made "allowble catch" of the fishery resources of the EEZ of his (article 61). Indonesia as coastal States are also obliged to maintain, based on the scientific evidence that exists; in order for its fishery resources are not overexploited in order to keep "maxsimum sustainable yield". For this purpose, Indonesia can cooperate with other countries concerned and with international organizations kompetent. 6. To achieve the "optimum utilization" of natural resources, Indonesia must assign "its capa-city to harvest" and give a chance to the country others in the region, particularly countries not level and countries that geographically disadvantaged, to take advantage of the surplus of the allowable catch "in take advantage of by Indonesia (article 62, 69, 70, 71 and 72 set the question of the utilization of this surflus). 7. Set up with countries concerned or with organizations regional/international indignation about the maintenance and development of sumbersumber fisheries in the EEZ of two or more countries (shared stocks), highly migratory species and observing the provisions of marine mammlals, anadromous and catadromous species and sedentary species. Chapter 8 THE CONTINENTAL SHELF 8.1. General Continental Shelf (continental shelf) is set up by the Convention-Geneva Convention 1958 that is now no longer valid because it was replaced with the law of the Sea Convention 1982. Understanding continental shelf experiencing significant change as it is in the law of the Sea Convention of 1982. According to article 1 of the Convention (Geneva Convention on the Continental Shelf the continental shelf 1958 sense) is as follows: "For the purpose if these articles, the term continental shelf is used a. referring us to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 metres or, beyond that limit, to where the superjacent waters admits of the exploitation of the natural resources of the said areas; b. to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands ". Understanding continental shelf according to the 1958 Geneva Conventions are: a. the bottom of the sea and the land underneath it facing the beach but beyond the sea depth 200 metres until the territorial or outside the limits of the possible the exploitation of natural resources; b. (b) until the bottom of the sea and the land underneath it facing the beach of islands. Generally the sense of the continental shelf will have kedalamanan 130-500 meter, in connect with the slope of the continent (continental Slope) with depth 1200-3500 meters, and at last is incline continent (continental rise) and depth of 3500-5500 metres. Those shape the Continent's third continental margin or the outskirts of the continent. 8.2. The concept of the continental shelf according to the law of the Sea Convention of 1982 All the provisions of the Geneva Convention on the continental shelf 1958 according to the modified by the law of the Sea Convention of 1982. Continental Shelf set by article 76-85 of the Convention The law of the sea of 1982 that understanding continental shelf, States rights the beach on the continental shelf, the determination of the limits of the continental shelf by each country, making a map and geographic coordinates and convey to the Secretary-General of the United Nations. Understanding the continental shelf under article 76 of the Convention of the law of the sea of 1982 is as follows: a. he continental shelf of a coastal state comprises the sea-bed and subsoil of the submarine areas that extend beyond it’s teritorial sea throughout the natural prolongation of its land territory to the outer edge of the coninentl margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. b. The fixed points compising the line of the outer limits of the continental shelf on the sea-bed, drawn in accordance with paragraph 4 (a) (i) and (ii), either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 metre isobath, which is a line connecting the depth of 2,500 metres Understanding of the continental shelf under article 76, paragraph (1) of paragraph (2) of the Convention on the law of the sea 1982 is the continental shelf which includes the following: a. the bottom of the sea and the land underneath it which is situated outside its territory along the sea of existence the continuation of the scientific area of daratannya up to the outskirts of the edge of the continent; or b. the bottom of the sea and the land underneath it to a distance of 200 nautical miles from the base lines where the territorial sea is measured; c. the continental shelf it is possible to reach 350 nautical miles from the base lines where the seathe territory is measured; or d. does not exceed 100 nautical miles from the depths (isobath) 2500 meters. Figure 5. The continental shelf according to the law of the Sea Convention of 1982 Figure 6. Comparison of the limits of the continental shelf with 200 mil and 350 miles measured from the base of the Indonesia is estimated to have the potential to set the limits of the outer continental shelfas far as 350 miles in three places, namely, West Aceh, Sumba island next to South and North of the island of New Guinea to the North. 8.3. The rights and obligations of Indonesia as well as the current status Indonesia retains the right of exploration and exploitation of the wealth of natural resources in the continental shelf as provided for by article 77 of the Convention of the law of the Sea 1982, but in Besides Indonesia has an obligation to set the outer shelf the continent as far as 350 miles and pass on to the Commission on the continental shelf (the Commission on the Limits of the Continental Shelf) which further regulated by Annex (Annex) II Convention on the law of the sea of 1982. Penentapan the limits of the continental shelf either as far as 200 miles as well as the 350-mile mandatory delivered copies to the Secretary-General It contains relevant information such as geodetik data and maps others. Indonesia should also be negotiating the determination of the limits of the continental shelf with neighboring countries and do not get repeated cases of Sipadan-Ligitan originally talks about the limits of the continental shelf between Indonesia and Malaysia. 8.4. recommendations 1. Indonesia already has law No. 1 Year 1973 on The continental shelf that still refers to the 1958 Geneva Convention already of course, it's been irrelevant, continental shelf according to the Article the legislation Law No. 1 year 1973 was the until a depth of 200 meters means not in accordance with article 76 of the Convention of the law of the Sea 1982. Because of the It was, law No. 1 year 1973 should be amended in accordance with the the material law of the Sea Convention of 1982 charge. 2. Announce and deposit limits of the continental shelf on the Secretary General The United Nations in 2009 Chapter 9 THE HIGH SEAS 9.1. General The settings of the high seas (high seas) contained in the Geneva Convention-Convention the result of the United Nations Conference on the law of the Sea (UNCLOS) on February 24, I-April 27, 1958. Article 1 the 1958 Geneva Convention gives the sense of sea which reads: "the term high seas means all parts of the sea that are not included in the territorial sea or in the internal waters of a State ", that the sea is all part the sea that does not include the territorial sea or inland waterway of a country. Convention 1958 Geneva is no longer valid because there is a new one, namely the Convention on the law of The sea of 1982. Understanding the sea according to the 1958 Geneva Convention so far in the sense of the sea according to the law of the Sea Convention of 1982. Convention on the law of the Sea 1982 in article 86 expressed understanding of the high seas as follows: "the provisions of this Part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State, namely that the high seas is all part the sea that does not include the exclusive economic zone, territorial sea or inland waterway of a country and the waters of the Islands in the archipelago. The sense of sea According to the 1982 law of the Sea Convention is very much status in the sense of sea off according to the 1958 Geneva Convention. According to the Geneva Convention on the high seas 1958 is only 3 miles from the territorial sea, while the sea according to the law of the Sea Convention of 1982 is started from the exclusive economic zone which means starting from 200 miles. According to Convention on the law of the sea of 1982, the territorial sea as far as 12 miles that are subject to the sovereignty of full of a country, while the exclusive economic zone which so far it has the status of sui generic, namely that the special nature of which is not part of the sovereignty of the State, but It is also not subject to an international regime. In the exclusive economic zone, each State has the sovereign rights and jurisdiction as explained above. 9.2. The freedom of the seas and it’s exception Article 87 of the Convention of the law of the Sea 1982 affirming that the sea is open for all countries both the coastal States (costal States) as well as the State is not level (land-locked States). All countries have freedom on the high seas (the freedom of the the high seas), which is as follows: a. freedom cruise (freedom of navigation); b. the flight of freedom (the freedom of overflight); c. freedom to install underwater cables and pipelines (freedom to lay submarine cables and pipelines); d. freedom to construct artificial islands and other installations in accordance with international law (freedom to construct artificial islands and other installations ' permitted explosives under international law); e. freedom of fishing (freedom of fishing); f. freedom of marine scientific research (the freedom of scientific research). Freedom on the high seas should be paying attention to the interests of other countries in carrying out the same freedom because the implementation of freedom should be exercised for purposes of peace (peaceful purposes) and must not be the country carry out its sovereignty on the high seas as defined by article 88-89 of the Convention law of the Sea 1982. Every ship that is sailing on the high seas must have nationality because there is a bond between ship to country (genuine link) and when the ship uses two or more countries the flag of the country to get the ease (flag of convenience) is considered a ships without nationality. The registration of the ship to the country according to the law of the Sea Convention This 1982 does not apply to ships that are used to implement the task of the United Nations, agencies and institutions in particular or for Atomic Energy Agency World (the International Atomic Energy Agency) as provided for by article 93 of the Convention of the law of The sea of 1982. 9.3. State Jurisdiction on the high seas Article 94 of the Convention of the law of the Sea 1982 (Duties of the flag State) which reads: Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag, which means that each country is that must implement effectively jurisdiksinya and control it in the field administrative, technical, social and above ships fly the flag. On the high seas, warships and ships for the Government Agency has full immunity against the jurisdiction any country unless the State flag as provided for by article 95-96 The Convention. 9.4. The rights and obligations of Indonesia as well as the current status The high seas are open to each country and there is no sovereignty of a country on the high seas, so that the sea is for peaceful purposes. Nevertheless, each the six countries have freedom as mentioned above, but also any State including Indonesia has an obligation to respect the jurisdiction of the flag State, the obligation to provide assistance (duty to render assistance) to the person in danger or in the case of collisions (collision), so that coastal States should have the SAR TEAM (Search and Rescue). Every country must take effective action to prevent the and punish slave trade, compulsory work together eradicate piracy (piracy), subduing the dark broadcast (unauthorized broadcasting). Every coastal States including Indonesia have the right pursuit instantly (right of hot pursuit) foreign ships suspected of offences has been doing strong legislation to the ship entering the territorial sea of the countryor a third country as provided for by article 111. Article 111 of the Convention of the law of the sea 1982 gives the message that every country should have the equipment and beach human resources are adequate to safeguard the sovereignty and wealth natural resources in the sea. 9.5. Recommendations Indonesia is an archipelago country have freedom on the high seas (high seas) as flight, cruise, wiring and pipe down the sea, the building of artificial islands and other installations, fisheries and scientific research Marine. For it is necessary arrangements in order to take actions that effective to prevent and punish the transport of slaves on his ship (article 99) prevent Pirates (article 100, 101), to prevent the traffic of drugs and materials psychottropic other (article 108), to prevent "unauthorized broadcasting" from the sea, set the protection of cables and pipes at the base of the high seas, in accordance with the Article 112, 113, 114, 115. Although all countries are entitled to fish on the high seas, but all countries It is also obliged to take conservation actions and cooperate in preserve and organize sources for biological life on the high seas (article 117, 118), if necessary, participate in international organizations of regional and sub-regional like the International Sea Bed Authority (IMAGE ISBA), the International Maritime Organization (IMO) Regional Fisheries Management Organization. In the field of fisheries, Act No. the 31-year 2004 about Fisheries should be more optimized because it regulates catching the fish up in exclusive economic zone even to the sea. Chapter 10 CRUISE 10.1. General In the history of sea known as the means vital to international trade because the trade or import-export goods that are transported by ship between Governments through the cruise at sea, and until now the voyage that transported goods import-export it dominates approximately 90 percent. International shipping demon by developed countries that have a large fleet of ships and powerful, so Developing countries although it has yet to benefit sea optimum of international shipping. International shipping is in the container the world Organization, called the International Maritime Organization IMO, based in London. IMO has a lot of pull out different rules for international voyages bind every country including Indonesia and Indonesia has also ratified some international agreements made IMO. Law of the Sea Convention of 1982 that more be public have also set it up as there are several articles such as between Article 17-45, article 52-53, 87, 90. Indonesia already has its own Act No. 21 of 1992 reviwing by Act No 17 Year 2008 regarding Cruise. 10.2. The port Ports (ports) which is set in the Convention on the law of the Sea 1982 connected with the determination of the limits of the territorial sea of a State as contained in Article 11 which reads: For the purpose of delimiting the territorial sea, the outermost permanent Harbour works which form an integral part of the harbour system are regarded u.s. forming part of the coast. Off-shore installations and artificial islands shall not be considered us permanent harbour works, the intent is that a permanent port There is the outermost is part of system port on the coast, but the installation off the beach and artificial islands are not considered permanent port work. Article the Convention on the law of the Sea 1982 12 mentions the place port in the middle of the Sea (roadsteads), i.e. berths in the middle of the sea that are normally used for loading and unloading and holds the ship located entirely or partially beyond the territorial sea outside is included in the territorial sea. International port requirements regulated by the IMO Moreover, it is now associated with the ISPS Code. 10.3. Rights to Cross the peace and not peace Article 17-19 Convention on the law of the Sea 1982 explains the rights of cross of peace (right of innocent passage) and not of peace. Article 17 of the Convention governs that ships of allGood country coastal States as well as the State does not have the right level of cross of peace through the territorial sea. Article 18 of the Convention providing that sense of cross (passage), i.e. sailing or navigation through the territorial sea for the purpose of crossing the sea without enteringinland waterway or stopped at the berths in the middle of the Sea (roadsteads) or port facilities outside the inland waterway or passed to or from inland waters or stopped at the berths in the middle of the sea, or the port facilities. Cross must be continuous, continuous and direct as fast as possible (continuous and expeditious), and cross cover stop and waste anchor normally or because of force majeur situations. Article 19 of the Convention States that the cross is not peace for disturbed the peace, good order or security of the coastal States, while cross- considered not peaceful in membayakan peace, order, security of State or the beach, that is doing one of the following activities: 1. any threats or use of violence (use of force) against sovereignty, territorial integrity or political independence of the coastal State, or any action that violates the principles of international law as contained in the The United Nations Charter; 2. any exercise or practice with weapons of any kind; 3. any act intended to collect information that is detrimental to the defence or security of the coastal State; 4. every deed of propaganda aimed at affecting the defence and security coastal States; 5. the launching, landing or the receipt of any aircraft on board; 6. the launching, landing or the receipt of any military equipment and supplies; 7. the loading and unloading of any commodity, currency or person contrary to the regulations of the customs, fiscal, immigration or sanitary State Beach; 8. any deed inadvertently causing a serious pollution occurrence contrary to this Convention; 9. any fishing activities; 10. conduct of research or survey activities; 11. any acts that interfere with dbertujuan communication systems or facilities, or installation of other coastal States; 12. any other activities that are not directly related to the cross 10.4. The right of Transit Traffic Transit traffic rights (the right of transit passage) is governed by article 37-44 of the Convention of the law of The sea of 1982. Article 37 States that the transit traffic (transit passage) apply at selatselat used for international shipping between one part of the high seas (high seas) or the exclusive economic zone and the high seas or the exclusive economic zone the other, whereas the right of transit traffic itself contained in article 38 of the Convention which saying that all vessels (ships) and aircraft (aircraft) has the right the transit traffic should not be hindered. Traffic transit means the implementation of freedom of voyage (freedom of navigation) and flight (overflight) solely for the purpose of immediate and continuous transit as soon as possible between one part of the high seas or exclusive economic zone and the high seas or an exclusive economic zone of another. 10.5. Sea Groove Coastal States with regard for the safety of the cruise can oblige foreign ships exercise the right cross-peace through territorial sea by using the flow of the Sea (sea lanes) and schema separator traffic (traffic separation schemes) as set up by Article 22 of the law of the Sea Convention of 1982. Likewise with cruise using the right transit traffic due to the provisions of article 41 of the Convention of the law of the Sea 1982 regulating the flow of sea and dividing the transit traffic schemes, namely that countries bordering the Strait (states bordering straits) can determine the flow of the Sea (sea lanes) and schema separator cruise in the Straits where necessary to improve the cross a safe transit in accordance with regulations made by the international organization international advanced training, namely in this case IMO. 10.6. The Nuclear Ship The right cross of peace also apply to foreign ships nuclear/nuclear-powered ships (foreign nuclear-powered ships) or ships carrying nuclear (ships carrying nuclear) or other vessels that carry hazardous materials and toxic (other inherently dangerous or noxious substances by sea territorial) must bring documents and comply with Special prevention efforts are determined by international agreement. 10.7. The Bill against foreign ships Article 26 of the Convention of the law of the sea of 1982 affirms that there are no bills or charges (no charge) that can be charged on a foreign ship only because crossing territorial sea, but charges can be charged on a foreign ship that crosses the sea territorial only as special service payment (payment only for specific services) given to the ships and the levy should be charged without discrimination. 10.8. Rules for merchant ships and Government ships for commercial Convention on the law of the Sea 1982 set the merchant ships and Government ships forcommercial activity that traverses the territorial sea of that coastal State criminal jurisdiction not be implemented on board the stranger to capture anyone or hold investigation with regard to crimes committed on board foreign during cross- the peace unless: (1) when the crime is affecting coastal States; (2) if crimes that disturb the peace or order of coastal States; and (3) if requested help by the captain of the ship or the diplomatic representative of the flag State's consular/; (4) where necessary to eradicate the trade in narcotic drugs and psychotropic materials as provided for by article 27 of the Convention the law of the sea of 1982. 10.9. Government warships and ships for commercial activities is not Article 29-32 Convention on the law of the Sea 1982 set conditions for ships (warship), one of the ships owned by the armed forces by wearing a sign shows the kebangsaaannya and under the command of a ship's crew and is subject to on military discipline. Warships crossed the territorial sea must still comply with the legal regulation of the coastal States, and when that warship losses coastal States, then ships it was responsible. Ships and boats the Government-operated commercial activity not to have immunity. 10.10. the Customs and Immigration Affairs In the area of the sea that is directly adjacent to the territorial sea was an extra zone (contiguous zone) which is governed by article 33 of the Convention of the law of the Sea 1982 as already described above. In addition, every country including Indonesia have supervisory jurisdiction to prevent violations of laws and regulations Customs/Customs, fiscal, immigration and sanitary, and punish the perpetrators of the offense. 10.11. The rights and obligations of Indonesia as well as the current status Indonesia's liability with regard to the international shipping this is provide international shipping security while simultaneously conducting surveillance against a foreign ship traffic, so as not to harm the interests of Indonesia. Indonesia has obligation not to hinder international shipping, but also have the right to take measures for the protection of the interests in the sea territory especially prevent the ship traffic that is not peace. Indonesia must have legislation about cruise and publish it, so that a foreign ship knows it. Setting rights for peaceful foreign ship traffic, traffic flow of the Sea Islands, the right Cross peace already is regulated by Act No. 6 of 1996 about Waters Indonesian. Likewise, the rules of the law of the Sea Convention according to cruise 1982 already adopted by Act No. 21 of the year 1992 about the cruise then converted into Law No. 17 of the Year 2008. 10.12. Recommendations Indonesia has a vast sea that was not offset by the strength of the good cruise cruise national with the principle of cabotage let alone international shipping. It is therefore necessary not making laws, but the commitment the Government supports the cruise with the cruise fleet that can complement dependable. In addition, Indonesia must have a port of international level who can be proud of as the ports of other countries. Chapter 11 FISHERIES 11.1. General Convention on the law of the sea of 1982 is a comprehensive international agreement in the field of the law of the Sea including regulating the question of fisheries (fishing), even the previous settings, i.e. the Convention-1958 Geneva Convention has set it in with separate 1958 Geneva Convention other, namely the Convention on Fishing and Conservation of the Living Resources of the High Seas. Geneva Convention of 1958 Fisheries and the conservation of Biological Resources in the high seas now become a part of the setting in the law of the Sea Convention 1982, that exactly is contained in Article 116-120 of the Convention. In addition, the 1982 law of the Sea Convention also set the question of fisheries at other maritime regimes regime mainly on economic zone regime exclusive contained in Chapter V of the law of the Sea Convention Article 55-75 1982. 11.2. Setting of fisheries in the exclusive economic zone Convention on the law of the sea of 1982 has set the fishing or catching fish in the exclusive economic zone, that is set by the provision of article 56 which States that every country has the sovereign rights (sovereign rights) to do exploration, exploitation, conservation, and manage natural resources both natural resources biodiversity (living resources) and nonhayati (non-living resources). This is the biodiversity natural resources fisheries that have an important role in the economic development of the nation because as employment for community and also bring in foreign countries with the presence of fish exports to foreign countries. Article 61 paragraph (1) of the Convention on the law of the Sea 1982 stated that coastal States must determine the amount of biological resources catch that can be allowed (allowable catch of the living resources in the exclusive economic zone), while paragraph (2) reminiscent of coastal States to heed scientific evidence best (the best scientific evidence) in order to ensure the conservation and proper management of the resource, so that the biological in the exclusive economic zone are not exploited excessively (over-exploitation). Conservation and the management is intended to exploit it at the level of resultsmaximum sustained (maximum sustainable yield-msy) for the economy of the community fishermen and developing countries where coastal States should heed the pattern catching fish, fish stocks, and cooperate with international organizations both subregional, regional, or global. Coastal States should pay attention to the kinds of fish that can be caught, has scientific information, statistics of arrest, attempt fisheries, international cooperation that the intent is for the conservation of fisheries. 11.3. Setting the kind of catching fish in the sea Article 62 of the Convention of the law of the Sea 1982 regulating the utilization of biological resources in the zone exclusive economic, namely that coastal States should promote the purpose of utilization the optimal source of wealth of biodiversity, i.e. a form of fishing that are allowed. Coastal States should establish its ability to conduct a fishing in exclusive economic zone, and if it does not have the ability to catch fish the entire amount is allowed, then the coastal States may grant permission to the other countries to do the catching of fish from the remains that are allowed in accordance with the agreements and legislation in force. Coastal States should consider all factors with regard to the fishing permit granted to other countries, such as the granting of a permit, the payment or compensation for permit the capture, the capture of fish that are allowed, the number of arrests allowed, setting season capture, size and number of tools a Catcher/ fish boats, supervision, examination of the number of arrests, and enforcement procedures the ruling in case of breach of such permission. 11.4. The rights of the State is not a State and its level is not profitable Convention on the law of the Sea 1982 not only regulates the question of fish as a source of biological resources that benefit coastal States, but the Convention provides an opportunity or the right of access to fish for the country that has no coastline (the right of landl ocked States) and for countries that are geographically disadvantaged (right of geographically disadvantaged States). Article 69 of the Convention States that the State is not level have the right to participate on the basis of Justice in the fisheries of the surplus resources biodiversity in exclusive economic zones of the countries beaches. States rights not level to do fishing in the exclusive economic zone of a country the next beach is based on agreement between the two countries. Likewise countries that are geographically disadvantaged has the right to serve as well as in catching fish in the exclusive economic zones of coastal States based on Justice and the agreement between them in accordance with the provisions of article 70 of the Convention The law of the sea of 1982. The State is not level and countries that are geographically disadvantaged cannot exercise such right in a country its economy very beaches dependent on the exploitation of the wealth of biodiversity resources in the exclusive economic zone. Therefore, everything is based on agreement between the coastal States with both types of the country, that country is not level and countries that are geographically disadvantaged. 11.5. the limitation of the right of passage Article 72 Convention on the law of the Sea 1982 set the transitional restrictions on the right (restrictions on the transfer of rights) that the rights are owned by countries that do not have the beach and the countries that are geographically disadvantaged as set forth by Article 69 and 70 of the Convention, namely the right to participate do fishing in the exclusive economic zone of a coastal State, those rights should not be redirected either directly or indirectly to a third country or its citizens by way of rent (lease) or permit (licence) unless approved by the State concerned, which in this case is the coastal States. Convention on the law of the sea in 1982 Article 72 the stated as well that the rights are owned by both types of countries can ask for financial or technical assistance from third countries or international organisations in facilitating the rights pelaksanakan based on an agreement with countries concerned, IE coastal States. 11.6. Law enforcement by coastal States Law enforcement by coastal States in the exclusive economic zone is set up by the Article 73 of the Convention of the law of the Sea 1982 which read as follows (Enforcement of laws and regulations of the coastal State): 1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. 2. . Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security. 3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment. 4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed. Coastal States may, in the exercise of the right of berdaulatnya to do exploration, exploitation, conservation, and manage biological resources in economic zones exclusive, taking action in the form of boarding, check out, capture, and the judicial process is necessary to ensure penaatannya over regulations legislation coastal States in accordance with this Convention. Ships that the crew was arrested and his ship should be released soon after being given a money a decent guarantee or other form of guarantee. Law enforcement is conducted by the Coastal States against the perpetrators of the violations of fisheries laws and regulations in exclusive economic zone should not include imprisonment, in which case there is no contrary to the agreement of the countries concerned, or any form of other beatings. In the event of the arrest or detention of the ship, Foreign Countries the beach must immediately inform the flag State through the right channels regarding actions taken and about the punishment. 11.7. The rights and obligations of Indonesia as well as the current status The obligation of Indonesia in the form of the making of the legislation as a follow-up It has ratified the Convention on the law of the Sea 1982 actually already done, namely byExclusive economic zone, and Act No. 31 of the year 2004 regarding fisheries. Act No. 31 of the year 2004 and riviewing by Act No.45 Year 2009 regarding Fishery about the complete Fishing set up the question of fisheries fisheries Court has set even as an attempt preventing and punishing the perpetrators of the illegal fishing. Obligations must be made from ancient to the present and future is preserving the natural resource biodiversity be good fish in the sea, territorial waters Islands, and the exclusive economic zone by way of strengthening the fleet of fish fishermen Indonesia and supervision and enforcement by the Government so that the foreign ships not to take the wealth of fish that are under the sovereignty and the jurisdiction of the country of Indonesia. Fishing Ground Map of Indonesian Fishery (WPPI) 11.8. Recommendations 1. Law enforcement by the apparatus must be constantly well done so that the richness of the fish that are in the waters of Indonesia and the exclusive economic zone. It can contribute to the well-being of the people and not taken by foreign ships. 2. The Government of Indonesia should be active in the framework of cooperation and membership with organizations in the field of fishery present both regional and International Chapter 12 SEABED MINING 12.1. General Convention on the law of the sea of 1982 is a comprehensive international rules in the field of marine including arranged about mining the ocean floor and the ground underneath both the seabed and the ground underneath it which is subject to a maritime regime exclusive economic zone, the continental shelf, as well as outside the national jurisdiction of a State. In this case it is the mining on the ocean floor and the ground underneath it which is subject to on international regimes, namely the so-called Area or an Area which is governed by Chapter XI Article 133-191 Convention on the law of the Sea 1982. Article 1 of the Convention provide a sense of the area that reads: "Area means the seabed and ocean floor and subsoil thereof are, beyond the limits of national jurisdiction, that is to say the area means the seabed, ocean floor, and the ground underneath it outside the limits of national jurisdiction, whereas the notion of wealth in the area described by article 133: "resources means all solid, liquid, or gaseous mineral resources in There, in the Area of ar or beneath the sea-bed including polymetalic nodules ", wealth means all mineral wealth that is solid, liquid, or gas in the region or below the seabed including nodules polimetalik. The wealth generated from the region named after the mineral. 12.2. The International Seabed Area The area of the seabed and the land under it are governed by Chapter XI of Convention Law The 1982 sea is subject to an international regime, namely the common heritage of mankind, that is a shared heritage of mankind. In the region there should be no country that claims sovereignty because all his wealth only for the benefit of all mankind managed by an international agency, namely the International Seabed Authority Bodies (International Sea-Bed Authority-IMAGE ISBA), so that mining in the area especially done by the developed countries that have the technology and human resources should be based on the consent of the IMAGE ISBA. 12.4. Technology Transfer Technology transfer (transfer of technology) and scientific knowledge (scientific knowledge) performed by IMAGE ISBA working with developed countries for companies and developing countries, as defined by article 144 Convention on the law of the sea of 1982. 12.5. The institutional The institutional set up in the area of wealth management is done International Authority or by a body IMAGE ISBA. Article 156 of the Convention law of the Sea 1982 States that all signatories are ipso facto members of the IMAGE ISBA based in Jamaica. IMAGE ISBA may establish regional centers are needed for the implementation of the Authority's functions. The Agency has the main bodies (principal the organ), Assembly (an Assembly), the Council (a Council), the Secretariat (Secretariat), and Enterprise (the Enterprise). 12.6 Dispute Resolution. Within the framework of the dispute about the utilization of wealth in the region the Room has been established the dispute Seabed that is part of the Court International law of the Sea (the Sea-Bed Disputes Chamber of the International Tribunal for the Law of the Sea). The room the Seabed Disputes had jurisdiction over the activities of in the area carried out by the State, enterprises, international organisations or contracts among other parties with IMAGE ISBA as provided for by article 186-187 of the Convention The law of the sea of 1982. Likewise, the Chamber should provide advice in the form of opinions (advisory opinion) at the request of the Assembly or the Council on legal issues arise within the scope of activities in the area as defined by article 191 Convention on the law of the sea of 1982. 12.7.The rights and obligations of Indonesia as well as the current status The area that is outside national jurisdictions and is under the management of the International Seabed Authority body or IMAGE ISBA has the status of a common heritage of mankind, i.e. all the wealth in the region is a shared heritage of mankind. Therefore there is no specific obligation that is owned by any country including Indonesian.. Indonesia has the obligation to participate in the exploration and exploitation of the working with States, international organizations, or companies in the country or foreign. 12.8. Recommendations 1. Indonesia was supposed to maintain concentration and make use of the wealth of natural resources in the sea either biological or nonhayati under the sovereignty and the jurisdiction of Indonesia, such as in the waters of the territorial sea, Islands, exclusive economic zone and the continental shelf. 2. The Government of Indonesia should actively follow the trial IMAGE ISBA conducted every years, to follow developments regarding the potential mining on the ocean floor. Chapter 13 THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT 13.1. General Understanding the marine environment (marine environment) is not contained in the Convention on the law of The sea of 1982, but the understanding of marine environment pollution (pollution of the marine environment) itself, namely as contained in article 1 of Convention, which reads as follows: "pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects us harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of Marina Bay Sands ", which means that the pollution of the marine environment means you submitted by humans are directly or indirectly material or energy into the marine environment including kuala which resulted in or may bring worse consequences in such the form of such damage on the richness of the heart and life at sea, dangers to health man, the disruption of activities at sea including fishing and the use of other valid sea, decreasing the quality of sea water and reduces the usability of convenience. Understanding the marine environment in a can of Agenda 21 which is wrong one important documents the results of the Earth Summit in Rio de Janeiro 1992 which gives the sense of the marine environment-including the oceans and all seas and adjacent coastal areas – forms an integrated whole that is an essential component of the global life-support system and a positive asset that presents opportunities for sustainable development. The sustainable development means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs, namely that marine environments including oceans, seas, and coastal areas to form one the unity of the important component of the global life support system and wealth that gives the opportunity to conduct sustainable development. There is a lot of serious damages for the protection and preservation of the marine environment. Accidents to marine pollution such as Torrey Canyon off land's end in 1967, Amoco Cadiz of Brittany in 1978, Exxon Valdez in Alaska in 1989, Sea Empress off south-West Wales in 1996, Sowa Maru case in 1975. Oil tanker that ran aground was holed and sank between the Isles of Scilly and Lands End on March 18th, 1967, while carrying 117.000 tonnes of Kuwait oil. For two weeks after the accident 30.000 tonnes of oil spilled gradually into the sea and the resulting slick, a patch of oil covering more than 650 squre kilometers, was driven towards the Cornish coasts by strong prevailing winds. Thousands of litres of detergents were poured onto the slick in an attempt to emulsify the oil, but the firsts deposits reached Sennen Cove, eight miles southwest of Penzance within a week. The Torrey Canyon disaster profoundly affected British attitudes to oil pollution. Extensive television coverage showing the work of rescuing volunters and de-oiling birds, but also revealing, respectively of fouled beaches and thousands of dead marine creatures; The supertankers are that was forced onto rocks off the coast of Brittany on March 16th, 1978 when its steerage gear failed. Fully laden, it gradually shed most of its load of 230.000 tonnes of crude oil into the sea. Over the next two week, the resultant oil slick heavilypolluted more than 160 kilometes of French beaches and threatened to move toward the Channel Islands, the Cornish coast and the Isle of Scilly. The accident was regarded at the time as the most destructive oil spil ever recorded in terms of damage to marine life. Pollution brought to halt most of the fishing including oyster and lobster farming, along the coast. Thousands of birds were killed and millions of dead molluscs, sea urchins, clam and other marine animals were washed ashore, some probably killed by the dispersal agents. The the cost of clearing up after the disaster including compesation to local fishermen was later given by the French Government in the US about $70 million. But after a prolonged legal battle, a Court ruled in 1988 that the owners of the ship, Amoco, were responsible for the vessel's chronic steering problems and awarded $85.2 million in damages to the French Government; The oil tanker that struck Bligh Reef, twenty-five miles from the Alaskan oil terminal of Valdez on March 24, 1989. the ship was grounded and spewed 11 million gallons of crude oil into Alaska's Prince William Sound. The oil contaminated at least 2.000 kilometres of shoreline, hitting four national wildlife refuges, Chugach National Forest and three national partk areas, including Katmai National Park. Poor containment procedures allowed the oil to spread and it eventually affected almost 4.000 kilometers of Alaska's jagged coastline. Environmentalists repeated criticisme levelled against the U.S. government in 1973 when it authorised the construction of the pipeline from the Alaskan North oilfield to the icefree port of Valdez, despite the existence of an alternative, if longer, the overland route through Canada. The Exxon Corporation has spent more than $1.8 billion on a lengthy and difficult clean-up operation. Convention on the law of the Sea 1982 complete set up protection and preservation marine environment (protection and preservation of the marine environment) contained in article 192-237. Article 192 reads: "States have the obligation to protect and preserve the marine environment ", which confirms that each country has the obligation to protect and preserve the marine environment. Article 193 outline an important principle in the utilization of resources in the marine environment, namely the principle that reads: "States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the the marine environment ", which means that each country has the sovereign right to exploiting its natural resources in accordance with their environmental policy and in accordance with its obligations to protect and preserve the marine environment. Therefore, article 194 of the Convention law of the Sea 1982 asking each country to undertake efforts in order to prevent (prevent), reduce (reduce), and control (control) environmental pollution of the sea from each source of pollution, such as pollution from the disposal of toxic and hazardous waste that comes from Mainland resources (land-based sources), dumping, from ships, from exploration and installation exploitation. In a variety of efforts of prevention, reduction, and control the environmental pollution each State must do work just as well work regional and global, as regulated by article 197-201 of the Convention The law of the sea of 1982. 13.2. Regional cooperation and international (global and regional co-operation) In carrying out the duty to protect and preserve the marine environment of these, each State is required to do work equally good regional cooperation as well as Global. The necessity to conduct regional cooperation and global (global and regional co-operation) is governed by the law of the Sea Convention Article 197-201 1982. Article 197 Convention reads: "States shall cooperate on a global basis and, as appropriate, on a regional basis, directly or through competent international organizations, in formulating and elaborating international rules, standards and recommended practices and procedures consistent with This Convention, for the protection and preservation of the marine environment, taking into last account regional features ". Countries should cooperate globally and regionally are directly or through international organizations in formulating and explaining the provisions and international standards and recommended practices and procedures in accordance with the Convention for protection and preservation of the marine environment by observing the State of the regional such. Regional cooperation and global cooperation can be in the Notice the presence of sea pollution, tackling the shared dangers of pollution of the seas, the establishment of emergency response (contingency plans against pollution), studies, research, exchange of information and data as well as making scientific criteria (scientific criteria) to set procedures and practices for the prevention, reduction, and the control of pollution of the marine environment as defined by article 198-201 Convention on the law of the sea of 1982. In addition, article 207-212 of the Convention law of the Sea 1982 requires each State to make regulations governing the Prevention and control of marine pollution from various sources of pollution, such as pollution from land-based sources (land-based sources), pollution from the basic activities the sea in its national jurisdiction (pollution from sea-bed activities to national jurisdiction), pollution from activities in the area (pollution from activities in the Area), pollution of dumping (pollution by dumping), pollution from ships (pollution from vessels), and the pollution from the air (pollution from or through the atmosphere). Convention on the law of the Sea 1982 pointed to other international law rules about the sea pollution because marine pollution issues about settings and aspects of other related laws have been well developed by the Maritime Organization International (IMO), based in London. IMO has issued several international agreements on marine pollution and continuously amended in accordance with the developments in the field. Some of the rules of international law on pollution the sea that have been made are, among others, as follows: 1. International Convention for the Prevention of Pollution of the Sea by Oil 1954 (OILPOL)1958; 2. International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (INTERVENTION) 1975; 3. . Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972 (LDC) 1975; 4. International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL) 73/78) 1983; 6 Annexes; 5. International Convention on Oil Pollution Preparedness, Response and Co-operation(OPRC), 1990; Some examples of regional cooperation that has already been done by countries incorporated in regional areas as protection and preservation the marine environment is as follows: a. Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1974, due to be replaced by the 1992 Convention of the same name or 1992 Baltic Conventions. The Baltic Conventions themselves contain detailed obligations and therefore do not have supplementary protocols; b. Convention for the Protection of the Mediterranean Sea against Pollution 1976 (Barcelona Convention), amended in 1995, together with its protocols on dumping (1976), cooperation in emergencies (1976), land-based sources (1980), specially protected areas (1982 and 1995), sea-bed activities (1994), and transboundary movement of hazardous waste (1996); c. Arabian/Persian Gulf and Gulf of Oman : Kuwait Regional Convention for Co-operationon the Protection of the Marine Environment from Pollution 1978 (Kuwait Convention); d. Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region 1981 (the West African Convention); e. Convention for the Protection of the Marine Environment and Coastal Area of the South- East Pacific (the South-East Pacific Convention), together with its agreement and supplementary protocol on co-operation in emergencies (1981 and 1983) and protocols on land-based sources (1983), radioactive pollution (1989) and protected areas (1989); f. Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment1982 (the Red Sea Convention), together with its protocol on co-operation in emergencies 1982; g. Convention for the Protection and Development of the Marine Environment of Wider Caribbean Region 1983 (the Caribbean Convention); h. Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region 1985 (the East African Convention); i. Convention for the Protection of the Natural Resources and Environment of the South Pacific Region 1986 (the South Pacific Convention), together with its protocols on cooperation in emergencies (1992) and dumping (1992); j. Convention on the Protection of the Black Sea against Pollution 1992 (the Black Sea Convention), together with its protocols on land-based sources (1992), co-operation in emergencies (1992) and dumping (1992); k. Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil 1969, replaced by the Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and other Harmful Substances 1983; l. Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft 1972, it was replaced the Convention for the Protection of the Marine Environment of the North-East Atlantic 1992, upon its entry into force in 1998, Paris Convention for the Protection of the Marine Environment on the North-East Atlantic; m. Convention fot the Prevention of Marine Pollution from Land-Based Sources 1974, it has been replaced by the 1992 Convention …; n. The four Nordic States (Denmark, Finland, Norway, and Sweden) : Agreementconcerning Co-operation in Measures to deal with Pollution of the Sea by Oil 1971 and Convention on the Protection of the Environment 1974; o. France, Italy and Monaco in 1976 signed an Agreement relating to the Protection ofthe Waters of the Mediterranean Coast; p. Denmark, Germany and Netherlands signed a Joint Declaration on the Protection ofthe Wadden Sea in 1982 13.4. Law enforcement and Security (Law Enforcement and Safeguards) The making of legislation on the protection and preservation of the the environment that is required by the 1982 law of the Sea Convention should be followed by law enforcement (law enforcement), law enforcement for pollution offender derived from land, pollution from seabed activities, pollution from activities in the area, pollution caused by dumping. The notion of dumping itself is set up by the Article 1 subparagraph (5) of the Convention on the law of the Sea 1982, namely the definition of dumping are as follows: (a) dumping means: (i) any deliberate disposal of wastes or other matter from vessels, aircraft, platformsor other man-made structures at sea; (ii) any deliberate disposal of vessels, aircraft, platforms or other man-made structuresat sea; (b) dumping does not include: (i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or othermatter on such vessels, aircraft, platforms or structures; (ii) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention. Dumping is the disposal of purposely any waste or other objects from ships, aircraft, platforms or other buildings in the sea, or any disposal of intentionally ships, aircraft, platforms, or other building in the sea. Dumping does not including the disposal of waste or other derived from normal operation or placement of matter for a purpose that is not disposal. Dumping is more fully by the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter 1972 year or disering called the London Dumping Convention (LDC), 1972. Enforcement of the law against the perpetrators of environmental pollution of the ocean originatingvarious sources of pollution should be done by countries flags (flags States), country Harbour (port States), and coastal States (coastal States) as governed by the law of the Sea Convention Article 213-220 1982. Law enforcement by Country the flag is a flag that States, among others, must be registered in the country with comply with the standard and international rules applicable, meet the health of sailing, do not perform any act that is prohibited by international law, provide sanctions to the crew that violated rules of the cruise especially don't do action that led to the pollution of the sea. Law enforcement by the State port is among other things that the State port should check the health of a ship anchored in the harbour should also include assessing whether the ship anchored that it have done the deed which caused pollution of the sea or not. If it proves to be the ship that docked it has performed acts that lead to the onset of pollution of the sea, then the port State should give sanctions according to the rules its national law and international law. Law enforcement by coastal States is the court proceedings for any offender violations of laws and regulations related to environmental pollution good sea sea pollution that occurs in the territorial sea or in their exclusive economic zone. The prosecution process including the detention of his ship, coastal States should have the legislation can force the ship sailing in the territorial sea exclusive economic zone and stick with it. Law enforcement by the State ports, flag, or coastal States should be followed by security measures (safeguard) as provided for by article 223-233 of the Convention law of the Sea 1982. These safeguards the form of the prosecution process such as court facilities authority, equipment catching fleets ships alleged violation such as ship War/military with its human resources. In the implementation of these safeguards These should not interfere with the safety of shipping (safety of navigation). If there is a foreign ship which is suspected to have committed a violation of regulation legislation on pollution of the sea, then any State can do investigation on foreign ships in the form of examination of documents. Ship the alleged strong has done an offence must immediately released after no guarantee reasonable money. Implementation of safeguards should not be discrimination, punish fines money, respect for the rights of the defendant, tell to the State flag, safeguards for the Straits straits used to cruise International, but will arise of responsibility when there is loss of the implementation the security measures. 13.5. The provisions concerning Immunity Provisions on the protection and preservation of the marine environment in the Convention The 1982 law of the sea does not apply to warships (warship), ships (naval assistance auxiliary), other ship or aircraft operated by the State for the benefit of the Government is not a commercial, but such operations must be in accordance with the Convention as provided for by article 236-237. Article 237 of the Convention States that the immunity These should not be detrimental to the special obligations which was born from the agreement about the protection and preservation of the marine environment which must be done in accordance with General principles and objectives of the Convention on the law of the sea of 1982. 13.6. Liability and Indemnity Obligation (Responsibility and Liability) Convention on the law of the Sea 1982 regulating the issues of responsibility and liability indemnification with regard to the protection and preservation of the marine environment. Article 235 The Convention confirms that each country is responsible for implementing the international obligations concerning the protection and preservation of the marine environment, so that all countries should bear the compensation liability in accordance with international law. Every State must have legislation on compensation immediately and adequately for losses (damage) caused by pollution the marine environment is done the person (natural person) or a legal entity (juridical person) which is in jurisdiksinya. Therefore, each country should cooperate in implements the international law governing responsibility and liability damages to compensate for losses resulting from pollution of the marine environment, and also payment procedure as to whether the existence of compulsory insurance or funds compensation. The responsibilities and obligations of indemnification from the State or the so-called responsibility State (state sovereignty) is a fundamental principle in international law, so in case of violations of international obligations would arise of responsibility State. Violation of such international obligations such as not implementing the provisions contained in the ketenuan law of the Sea Convention of 1982 that already bind his country. The responsibility of the State and the obligation to compensate harm often occurs in cases of marine pollution, as in the case of the Torrey Canyon 1967, Showa Maru 1975, 1978 Amoco Cadiz, Exxon Valdez 1989, Mox Plant 2001, Prestige 2002, but there has been no agreement that specifically regulates the responsibility of the State in international law. During this time the question of State responsibility refers to the The draft Articles on Responsibility of States for International Wrongful Acts made by The International Law Commission (International Law Commission) The Un General Assembly. Draft Articles of the Draft Articles the last is the year 2001, but the actual responsibility and obligations of indemnification that was scattered in several international treatiesmade of specialized agencies of the UNITED NATIONS nor the IMO. IMO many pulled some international treaty on responsibility the State, civil liability, damages, or compensation as contained insome of the following agreement : 1. International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC) 1976, 1984. 2. Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material,1971 (NUCLEAR) 1975. 3. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (FUND) 1978. 4. Athens Convention Relating to the Carriage of Passangers and their Luggage by Sea,1974 (PAL) 1987. 5. Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC) 1986. In general the status of known responsibility of two properties, namely the responsibility based on fault (liability based on fault), and the responsibility of direct and instantaneous (strict liability). 13.7. The rights and obligations of Indonesia as well as the current status Indonesia as a State law of the Sea 1982 Convention attendees have an obligation to comply with all the provisions of the Convention with regard to the protection and the preservation of the marine environment, namely among others as follows: (1) Obligation to make regulations on the protection and the preservation of the marine environment which regulates in a comprehensive manner including tackling the pollution of the marine environment from various sources of pollution, such as pollution from land, ships, dumping, and more. In the regulations the legislation includes law enforcement, i.e. the process of her trial; (2) the obligation of conduct efforts to prevent, reduce, and control the pollution of the marine environment, which means that Indonesia has the tools and resources adequate human resources; (3) the obligation of performing global and regional cooperation, if regional cooperation means the present cooperation ASEAN member countries, and global cooperation means with other countries involving countries outside ASEAN because now the question of environmental pollution of the sea is a global issue, so responses must be global as well. (4) Indonesia must have rules and equipment as part of the contingency plan; (5) the legislation is accompanied by a process of mechanism responsibility and duty to replace the injured party for harm resulting from the occurrence of pollution of the sea. 13.8. Recommendations Indonesia already has Government Regulation number 19 Year 1999 about Pollution control and/or destruction of the sea, which is an implementation of the Act No. 23 of the year 1997 on the management of the marine environment Reviewing by Law No 32 Year 2009 regarding Environmental, . Regulation Government (PP) includes the material required by the Convention on the law of The Sea 1982 on protection and preservation of the marine environment, so that should The PP improved by legislation which material is adopted the provisions of article 192-237 of the Convention of the law of the sea of 1982. Chapter 14 MARINE SCIENTIFIC RESEARCH 14.1. General Marine scientific research (marine scientific research) undertaken by Indonesia including rare and yet still provide a great benefit to the economic development the nation and the country due to various things, such as not yet having human resources excellence in the field of marine and kelauatan technologies that are not yet adequate. Instead the wealth of natural resources and biodiversity in the sea nonhayati utilized by parties Foreign and even biological natural resources abundant in the waters of Indonesia it is often exploited illegally (illegal fishing) by foreign vessels or reefs-the coral Coral (coral reef) waters that spread in Indonesia suffered damage which is quite severe because taking illegally by locals or other partieswho is not responsible. Marine scientific research has an important role in unearthing potential wealth marine resources must then be optimized for national development, so Indonesia is not only a proud status as an island nation, but should benarbenar utilizing the wealth for the well-being of the people and the superiority of the nation. Therefore, the provision of a sufficient budget, improving cooperation and coordination a good, as well as adequate equipment between related agencies is absolutely necessary in conducting the marine scientific research as Indonesia is governed by Convention on the law of the sea of 1982. Convention on the law of the sea of 1982 has set up marine scientific research as contained in Chapter XIII, Article 238-265. Article 238 States that all State without regard to geographical location and international organizations have the right to conduct marine scientific research as provided for by the Convention. Convention On The Law Of 1982 sea determines the General principles of the 56th marine scientific research, i.e. as follows: 1. marine scientific research must be carried out solely for the purpose of peace (peaceful purposes); 2. scientific research kealautan have to do with the scientific method (scientifi methods); 3. marine scientific research shall not interfere with other legitimate uses of the sea according with the Convention; 4. marine scientific research must be done in accordance with regulation and the Convention. Section 241 of this 1982 law of the Sea Convention also confirms that "Marine scientific research activities shall not constitute the legal basis for any claim to any part of the marine environment or its resources ", namely that of marine scientific research activities will not be the legal basis for any klaims of the marine environment or its resources. 14.2. International cooperation Conducting the marine scientific research requires international cooperation in accordance with the principles of respect of sovereignty and jurisdiction of the State or on the basis of mutual benefit, but the research is with the goal of peace. Convention On The Law Of 1982 sea indeed several times emphasized that marine scientific research can only be done with the goal of peace, that is prohibited by the Convention of doing scientific research Marine for the purpose of war, propaganda, terrorism, find information State secrets another, and more. International cooperation to implement the marine scientific research governed by the law of the Sea Convention Article 242-244 1982. International cooperation in the field of marine scientific research should not be detrimental to the rights and obligations of other States in terms of the information necessary to prevent and control damage the health and safety of the people against the marine environment. Each country and international organizations must work together through an agreement bilateral and multilateral for organizing marine scientific research and integrate the opinions of scientists in examining the nature of the phenomena and processes which took place in marine environment and interrelasinya. Countries and international organizations should provides information and dissemination of the main programs in marine scientific research including have scientific data, training of human resources. 14.3. The implementation and development of the marine scientific research Coastal countries (coatal states) in the exercise of its sovereignty has exclusive rights (exclusive right) to set, allow, and implement marine scientific research in the sea territory, so that the research should be based on his approval. Coastal States also have the right to regulate, permit and conduct marine scientific research in the exclusive economic zone (EEZ) and continental shelf, so as other countries and international organizations have to found the approval of the State the beach. Marine scientific research in the EEZ and the continental shelf is the research for the purpose of peace and for the benefit of mankind (the benefit of all mankind). Nevertheless, coastal States have the right not to give his approval when the research related to the exploration and exploitation of the natural resources of both biological as well as nonhayati, use of explosives or dangerous, or interfere with coastal States in the implement sovereign rights and jurisdiksinya according to the law of the Sea Convention of 1982. Countries and international organizations that conduct scientific research in the economic zone exclusive and continental shelf in a coastal States have an obligation to tellall information related to the research activities, and otherwise State or international organizations that did the research must comply with all his approval such as access on the implementation of the research and the results of his research. Coastal States has the right to suspend any marine scientific research activities ifis considered detriment, but on the other hand coastal States should provide an opportunity to the neighboring countries do not have beach or country that is geographically no such luck for conducting marine scientific research. Article 255 1982 law of the Sea Convention confirmed that each country mainly coastal States should make regulations regarding all issues marine scientific research, making it easier for other countries to the event. In Besides, around the area of marine scientific research activities should be given security zone (safety zones) of not more than 500 meters and this research activities should not interfere with international shipping routes. The most important thing in this marine scientific research activities is a question of liability and indemnity obligation (responsibility and liability) as defined by article 263 that States and international organizations conducting marine scientific research must be responsible, namely the need to compensation for the damage or the occurrence of pollution of the marine environment (pollution of marineenvironment) caused by such activities. 14.4. The rights and obligations of Indonesia and current status Indonesia as the country's beaches and at the same time as the island State really must thankful for having a territorial sea, exclusive economic zone and the continental shelf that There are at least three areas of the continental shelf Indonesia can reach 350 miles. Indonesia is indeed already have some legislation in the field of maritem, that is, as It has been discussed above, Law No. 6 of 1996 about the waters of Indonesia, Act.No. 5 years 1983 about the Indonesia exclusive economic zone, Act No. the 31-year 2004 about Fishery , Act No. 27 of the Year 2007 on the coastal area and small islands, Act No 4 2009 about Mining , Act No.32 Year 2009 about environmental, but not yet have legislation a special set of marine scientific research, currently we just have the PP about fisheries research.Whereas according to Article 255 Indonesia 1982 law of the Sea Convention has an obligation to make legislation that regulates in detail about the activities marine scientific research including responsibilities and approval mechanisms. 14.4. recommendations 1. Indonesia related through the Department and all the parties have care on on wealth of marine resources must remain the first priority implementation of existing legislation. If indeed rules about marine scientific research activities considered necessary urgent for Indonesia due to the large demand for international cooperation from the country other international organizations, and it needs to be discussed the importance of the rule of marine scientific research included in it are regulated procedures and responsibilities responsibility of the State and international organization conducting scientific research marine territorial sea, exclusive economic zone and the continental shelf, Indonesia. 2. The Government of Indonesia should play an active role in the Institute of marine technology International. As an institution in the field of oceanologi currently already making guidelines marine technology transfer, which should be learned and we apply in Indonesia. Chapter 15 MARINE DEVELOPMENT AND TECHNOLOGY TRANSFER 15.1. General Indonesia as the island State have an interest in the question of marine technology to utilize the seoptimal perhaps the wealth of natural resources contained in the sea. Indonesia at the same time as developing countries ensured does not have the human resources and the same technology with countries forward. Therefore, it is very important for Indonesia to conduct cooperation with developed countries in marine technology transfer issues. Development and control of the the technology is already mandated by the Convention on the law of the Sea 1982, precisely regulated by Chapter XIV on Development and Transfer of Marine Technology (development and Over Marine Technology). Convention on the law of the Sea 1982 already set the importance of each country mainly for the developing countries to cooperate in maritime technology transfer to the interests of the entire world community. The development through cooperation well and in accordance with the scientific requirements. Developing countries including countries does not have a coast (land-locked States) and countries that are geographically not Lucky (geographically disadvantages States) international cooperation should do within the framework of the sustainable use of marine resources, the protection and preservation of the environment Sea, to accelerate socio-economic development of the developing countries. Work the same in the field of marine scientific research for the benefit of all parties based on the principle of Justice (equitable basis) such as paying attention to the rights and obligations of the holder (holders), the giver (suppliers), and recipients of marine technology (an) as as required by Article 266-267 of the Convention law of the Sea 1982. 15.2. International cooperation Convention on the law of the Sea 1982 in article 270-274 requires that any country that already bound to conduct international cooperation (international cooperation) in the marine development and technology transfer through bilateral cooperation, regional and multilateral. Such international cooperation should develop new innovations in marine technology and international funding for marine research even more broadly, that covers the ocean is subject to an international regime. ByTherefore, each State and the competent international organizations are requested to creating guidelines (guidelines), criteria (criteria), and marine technology transfer standard the memberkan benefits especially for developing countries. Cooperation This international can also be made with the Authorities referred to by article 1 of the Convention, International Sea-Bed Authority (IMAGE ISBA). The country's cooperation with the Organization internasioal as with the Maritime Organization International (International Maritime Organization-IMO), based in London in the form of human resource development (human resources), while with fellow country may take the form of technology and funding, whereas with the authority is in the field of skills, financial law, and as described by the Article 273-274 law of the Sea Convention of 1982. Each country mainly developing countries should form the centers National (etablishment of national centres) research, technology, and science in the field of Marine to take advantage of the wealth of its resources for development the economy, as required by Article 275 of the Convention. In the formation of the Center the national human resources must be developed and science technology that related to marine scientific research. In addition, the Convention on the law of the Sea 1982 also requested every country to establish regional centers as the efforts of the development and marine technology transfer. The establishment of the regional centres should be provided programprogram training, seminars, symposia, conferences, publication of scientific journals, and technical cooperation in marine scientific research as defined by article 277 The Convention. The establishment of regional centres such as this at the level of the ASEAN (Association of South East Asian Natons) and Indonesia should be able to fight important cooperation in ASEAN These. ASEAN as international organizations can also do partnership with other international organizations, such as with the European Union or with UNEP (the United Nations Environmental Programme) as required by article 278 of the Convention The law of the sea of 1982. 15.3. The rights and obligations of Indonesia as well as the current status. Indonesia has an obligation to perform development and technology transfer Marine in order to attempt the utilization of the wealth of marine resources such as exploration, exploitation, conservation, and management of the biological wealth of good wealth like fish and nonhayati such as oil, gas, mining and others. In addition to the that, Indonesia has an obligation to establish national centres in the field of marine science and technology, so the wealth of marine resources can seoptimal may be utilized for national interests. 15.4. Recommendations Indonesia must do work closely with international organizations in an effort development and control of marine technology with regard for the principle of Justice and prudence (equitable and precautionary principle). Indonesia as an archipelago must have national centers of science and marine technology. Indonesian also do not have a policy that specifically govern the development and technology transfer Marine, as well as the need to advance legislation empowered the There is already a (existing rules) include law enforcement (law enforcement). Chapter 16 INTERNATIONAL AND REGIONAL COOPERATION AS WELL AS THE LATEST ISSUES IN THE FIELD OF MARINE 16.1. International Cooperation Various international issues related to the management of marine resources grown rapidly. This needs to be made concern the Government and the Regent interests in the framework of the implementation of the international law of the Sea (UNCLOS 1982) in Indonesian. Such issues include: 1. the Clean Development Mechanism, or CDM, better known as, is one of the the mechanism of Kyoto Protocol that set in the developed countries which are members of Annex I in his efforts to lower greenhouse gas emissions. CDM mechanisms or termed as the clean development mechanism is the only the mechanism of Kyoto Protocol that includes country in an effort to help developing countries advance in lowering emissions are. In addition to the help the developed countries, the opposite is expected through this mechanism the CDM will allows the existence of financial aid, technology transfer, and development ongoing from developed countries to developing countries. This international agreement provides an opportunity for Indonesia. In the energy sector Indonesia has the opportunity to develop green energy which includes the utilization of renewable energy, efficient technology and clean energy technology. Associated with the presence of Indonesia as a country with an area of the Sea Islands more than 3.1 million km2 or about 63% of the total territory, Indonesia has the opportunity to enter the sea in addition to forests, emissions trading on the negotiations international global climate policy. The vast sea and the distribution of terumbukarang in Indonesia has potential in absorbing and storing CO2. 2. Trade liberalization provides opportunities (opportunities), through the downturn tariff and non-tariff barriers and increase access to domestic products into the market internationally, but on the other hand, trade liberalization into threat (threat), because free trade is demanding the Elimination of subsidies and protection so that increase access of foreign products on the domestic market. The consequences are the tight competition of domestic products in the future. Therefore products domestic will be largely determined by various criteria, such as (1) products available regularly and continuously, (2) the product must have a good quality and uniform, and (3) product can be provided en masse. In addition, products domestic must also anticipate and like all trade issues internationally, including: the issue of quality (ISO 9000), environmental issues (ISO 14000), the issue of property right, employment issues, human rights issues (human rights), and other issues. 3. Code of Conduct for Responsible Fisheries the FAO issued (1995) emphasizes ecological aspects on the management of fishery resources. In addition, the current Committee on the FAO Fisheries agreed on the International Plan of Action on Illegal, Unreported and Unregulated (IUU) fishing governing illegal practice (1) like the theft of fish, (2) the fishing practices that are not reported or report wrong (misreported), or substandard reports (under reported), and (3) practice unregulated fisheries so as to threaten the sustainability of global fish stocks. 16.2. Regional cooperation The increasing demands on the welfare and economic interests have changed the original bipolar world order become multipolar which is divided into several the area of economic and trade cooperation. Europe, East Asia and the Pacific, Asia Southeast is the fastest area of growth of its economy. The area of the Southeast Asia lies in cross position line-rich international trade resources, manpower and potential market because of being on cruise lines bustling through the Malacca Strait, Singapore Strait and South China Sea at the same time also has a potential conflict where necessary to complete regional cooperation. Some form of regional cooperation is the implementation of the Convention the international law of the sea, among others: a. Sea covered and Closed half of enclosing Indonesia: 1. development of cooperation in the South China Sea Development Cooperation The Celebes Sea 2. development cooperation the Arafura Sea 3. development cooperation the Timor Sea 4. development cooperation) Strait of Malacca b. the development of cooperation in the Indian Ocean 1.) IOR-ARC (Indian Ocean Rim Association for Regional Cooperation) 2). IOTC (Indian Ocean Tuna Commission) 3). IOMAC (Indian Ocean marine Affairs Cooperation) 4). CCSBT (Convention on Conservation of Southern Bluefine Tuna) 5) Conference (US PACOM MILOPS) c. the development of cooperation in the Pacific Ocean 1). MHLC (Multilateral Highlevel Conference)/UNIA-ratification of the United Nations Implementing Agreement (High Seas Fisheries) 2). US-Pacific Command on Military law and Operations 3.) the ARF (ASEAN Regional Forum) 4). CSCAP (Council for Security Cooperation in the Asia Pacific), especially about cooperation in the field of maritime d. the development of Tripartite Cooperation Indonesia – Malaysia – Singapore, to promote the safety of shipping and the protection of the marine environment, both directly or through the International Maritime Organization (IMO). 16.3. The Policies At The National Level Various national strategic policy developments that had existed in order ratification of the Convention on the law of the sea as well as with regard to the management of marine resources can be seen in table 2. Year General Act Special Act Related to the Maritem Others Convention 1939 TZMKO 1945 UUD 1945 1957 Juanda Declaration 1958 First Conference 1958 1960 Prp 4 Second Conference 1960 1967 Act No. 11 Year 1967 about Mining SEA Mining 1973 Act. No.1 year 1973 About Shelf Continental 1 st session of 3rd Conference 1982 12th session of 3rd Conference UNCLOS 1982 1983 Act. No.5 Year 1983 about Indonesia’s Exclusive Economic Zone 1984 Act. No.5 year 1984 about Industry Maritem Industry 1985 Act No.17 Year 1985 about Ratification of UNCLOS 1982 by Republic of Indonesia 1990 Act. No.5 Year 1990 about Conservation Act. No.9 Year 1990 about tourism Sea Concervation Maritem Tourism 1992 Act. No.24 Year 1992 about Spatial Act.No 21 Year 1992 about Cruise Maritem Spatial 1996 Act. No.6 Year 1996 about Indonesian Waters 1997 Act. No.23 Year 1997 about environment Maritem Environment 2002 Act. No.18 Year 2002 about National Research and Development System Act. No.3 Year 2002 about National Defense Act No . 2 Year 2002 about National Indonesian Police Maritem National Research and Development System, sovereingnty and law enforcement at the sea 2003 Act. No.20 Year 2003 about National Education Human Resources on Maritem aspecs 2004 Act. No34 Year 2004 about Indonesian National Military Act. No 25 Year 2004 about Indonesian Planning and Development system Act . No.31 Year 2004 about Fishery Defense and Law enforcement at the sea Indonesian Indonesian Planning and Development system at the sea 2006 Act . No. 16 Year 2006 about Extension on Afgricultural , Forestry and Maritem Fishery Extention System of Sea 2007 Act. No.27 Year 2007 about Management of Coastal region and small islands 2008 Act No.4 Year 2008 About Menireral And Coal Mining Act N0.17 Year 2008 Reviewing Act No.29 Year 1992 about Cruise 2009 Act.45 Year 2009 Riviewing Act N0. 31 Year 2004 about Fishery; ACT No 4 Year 2009 about Mining; Act No. 32 Year 2009 about Environmental 2014 Act. No.01 Year 2014 Reviewing Act No.27 Year 2007 about Management of Coastal region and small islands Act N0.32 Year 2014 about Maritem Table 2. Policies relating to the management of marine resources 16.4.The latest issues in the field of Marine The position of the geography of Indonesia is at the intersection of important routes for transportation the world, gives the position and role of strategic for Indonesia. A wide range of development of new issues in the field of marine that deserves securuty as it pertains to management of marine resources, are as follows: 1. The role of Fishculture, Aquaculture, Sea Rancanching. Years of common law legislation set up the marine Conventions more 2003 Act No. 20-year 2003 Natinal Education System on MARINE HUMAN RESOURCES; - 2004 Act No. 31 of the year 2004 FISHERIES; - Act No. 3-year 2002 NATIONAL DEFENSE; - Law No. 2 Year 2002 NATIONAL POLICE - Act No. 34 of the YEAR 2004 Law Enforcement at the sea - 6.Act No. 25 of the year 2004 Developing Planing Sysmtem on the Sea - Act No. 16-year 2006 GUIDANCE SYSTEM AGRICULTURAL EXTENSION, IN THE FIELD OF MARINE FISHERIES FORESTRY & - ACT No. 26-year 2007 SPATIAL SEA about STRUCTURING the SPACE needs to be regulated by the Act, ref. Article 6 paragraph (5) - Act No. 27 of the year 2007 the MANAGEMENT of the TERRITORY THE MANAGEMENT OF THE COASTAL AREA AND PULAUPESISIR AND SMALL ISLAND SMALL - Law No. 17-year 2007 MARINE Developing and Planing about P J P R N is part of the RPJPN REGULATION No. 81 Year 2005 about BAKORKAMLA ( Sea Security Coordination Board); - Law No 32 year 2014 about Maritem 2. Bio Prospecting in the sea floor, in particular Seamounts. 3. Change of sea level rise and klimat. 4. The growing role of coastal and ocean economics. 5. the growing principle of co-management, both between the Center and the regions, between fellow regional intergovernmental, with the stakeholdres, as well as between national and regional organizations. 6. Klaims countries over the continental margin beyond the EEZ. 7. Development of concept of ICOM (Integrated Coastal and Ocean Management). 8. Development of concept of the LME (Large Marine Ecosystem) as a basis for marine management based on the ecosystem. 9. the IMP (Introduced Marine Parties) such as: Stripe Mussels, North Pacific Star Fish. 10. Development of Marine Biotechnologi. 11. Development of Marine Research about natural such as kekayaann source, cobalt crusts in seamounts, metal sulphides in the black smokes and methan hydrate. 12. MPA (Marine Potected Areas) 13. Marine and Eco tourism 14. New energies such as: otec, hydrothermal, currents and waves etc. 15. The installation of offshore platforms and unused again. 16. The problems of cables and pipes. 17. The issue of cultural relics and history on the ocean floor. 18. Illegal activities at sea, such as the smuggling of goods and people, immigration dark, trans-national crimes, pirates, terrorism at sea, IUU Fishing etc. 19. Marine Environmental modification such as coastal mining, etc. 20. The emergence of new powers in the field of competing marine looking for resources and marine transportation security. Recommendations 1. Indonesia must be active in order to cooperation and participating in membership forums or institutions in the fields of marine that is both regional and international level. 2. the need to immediately follow up the development of 20 new issues in the field of marine with regard to the management of marine resources.