2.1. The Indonesian Concept of Archipelagic State
Indonesia is the largest archipelagic country with the population of more than 200 million that consists of 17,508 islands and islets of which about 6,000 are inhabited. It covers a land area of 1.9 million km squares as well as water area of 7.9 km millions squares. Java, the most densely populated island comprises 60 percent of its total population, followed respectively by Sumatra, 20 percent, Sulawesi 7 percent, Kalimantan (the largest island) 5 percent, and Papua 1 percent. Indonesia is situated in strategic position that links the continents of Asia and Australia and therefore at the crossroad from the north to South and from East to West.
Understanding its archipelagic position and its impact of jurisdiction, Indonesia unilaterally proclaimed itself as an archipelagic state through “Deklarasi Juanda” in 13 December 1957 and further developed the concept of “Wawasan Nusantara”. The Declaration that was issued by Prime Minister Juanda Kartawidjaya stated that Indonesia is an archipelagic state. “The government declares that all waters surrounding between and connecting the islands constituting the Indonesian state, regardless of their extension or breadth, are integral parts of the territory of the Indonesian states and therefore, parts of the internal or national waters which are under the exclusive sovereignty of the Indonesian state......The delimitation of the territorial sea (the breadth of which is 12-miles) is measured from baselines connecting the outermost points of the Islands of Indonesia.” The declaration was ratified by the enactment of PERPU (The Temporary Government Regulation) No. 4/1960 and the subsequent revised Act in 1966 that stated Indonesia waters comprise territorial waters, archipelagic waters and internal waters.
The Indonesia’s territorial unity concept is further enhanced by its political and ideological concept. Through TAP MPR (People’s Representative Assembly Decree) IV/1973, Indonesia ideologically developed “Wawasan Nusantara” as a state’s political doctrine that outlined Indonesia as a territorial unity that comprises inseparable lands and waters, including the bottom of the seas and the air space represents the unity of state and nation politically, economically, culturally and militarily. Wawasan Nusantara is considered to be a dynamic condition of nation including resilience and tenacity which enables Indonesia to develop its national strength to cope with any challenges, threats either directly or indirectly that stem from outside as well as within the country which endanger the integrity, identity and survival of a nation and state for pursuing its national objectives.
The doctrine is well accepted by Indonesian people as representing values of Pancasila, State Ideology, and the UUD 1945, the Constitution. The acknowledgment of the doctrine itself can be basically traced in the ancient Indonesia values regarding the importance and sacredness of the land and water, so called “Tanah Air” (land and water) meaning nation. The doctrine per se reflects much traditional views of a state that is highlighted by the significance of sovereignty issue rather than more modern and pragmatically –characterized state, i.e. pursuance of economic interests. As inferred by Indonesian Navy Admiral, Bernard Kent Sondakh, State sovereignty is the highest authority-vested in a state to perform in term of national interests. The perspective will irrevocably implicate that the other subsidiary interests such as economic, security and so forth will be entitled to the utmost interests that is ideologically formulated in its geopolitical doctrine.
The archipelagic concept has been accepted as a fundamental principle in accordance of the motives and the driver of the Indonesian interests and outlooks to pursue its national ideals and objectives as stipulated in the preamble of the Indonesian Constitution, i.e. to safeguard the whole Indonesian nation and its fatherland, to develop public welfare, to educate the nation, and to participate in manifesting the world order based on freedom, eternal peace and social justice. So based on the concepts, the whole aspects of the Indonesian’s national life are defined as:
- “One Political Unity”, the Indonesian jurisdiction is unity in Fatherland as well as its national identity;
- “One Socio-Cultural Unity”, the national culture is shaped by the concept of unity in diversity that characterizes the diversity of Indonesian ethnicities, religions and cultures.
- “One Economic Unity”, the economy is organized as a cooperative effort based on family spirit. In terms of archipelagic region, the potency and possession are entitled to promote and distribute prosperity among its population.
- “One Defense-Security Unity”, the defense and security management is based on the people power with Armed Force kernel and a threat to one Island or region is perceived to be a threat to whole nation.
Furthermore, Post the Reform Era, 1998, Indonesia enacted the Act No. 22/99 on Regional Autonomy and then amended it to be Act No 24.2004. The Act sets out two main issues: First, the new fiscal arrangement between the central and regional government, second, the division of authority between central and local Government that comprises the Central Government affairs (international politics, defense, judiciary, fiscal and monetary), and the concurrent affairs between Central and Regional Government (education, agriculture development, cultural affairs, human and natural resources management and others). To appease the prolonged conflict in Aceh, the Central Government issued Law No. 18 of 2001 on special autonomous Nanggroe Aceh Darussalam that conferred the unprecendented authority over its internal affairs including the implementation of Islamic Law, the greater return of its natural resources and the holding of local election and local party.
In terms of the whole Indonesian political concept, the implementation of regional autonomy and subsequent similar laws are considered to be a political compromise between the Central Government and many dissatisfied peripheral provinces as well as the wider and relative new interpretation of the Indonesian political concept of Pancasila and the doctrine of the Unitary State of Republic of Indonesia.
2.2. The International Maritime Regime UNCLOS as A Basis of Indonesian National Interests
As an archipelagic state, Indonesia is one of the beneficiaries of the provision of UNCLOS. Indonesia endorsed the third Law of the Sea Convention in principle and ratified UNCLOS on 3 February 1986 and was among the first 60 countries to do so. The treaty reflected Indonesia’s long efforts to seek its recognition for its national interests within international recognition since its unilateral maritime declaration of archipelagic jurisdiction in 1957. For over 25 years, Indonesia kept unwavering in the successful efforts to secure approval and supports about a regime of archipelagic states. The treaty has acknowledged the Indonesian archipelagic concept as part of international maritime laws. Indonesia has gained substantial ocean space within its jurisdiction. It is estimated to own the expanse of its exclusive economic zone of around 1,566,300 sq nm. (See figure 2) The total expanse of Indonesia jurisdiction expanded from 2 millions km sq to 8 millions km sq. Indonesia integrated the UNCLOS into Law No. 17/1985 in 13 December 1985 .
Indonesia subsequently set no less than 16 negotiations with some neighboring countries, i.e. Malaysia, Australia, Australia, Thailand, India and Singapore in terms of territorial sea boundaries, continental shelf and provisional fisheries line. (See Figure 2) Although there were some negotiations that could not be resumed due to technicalities, ideological differences and diverse historical point of views but Indonesia has demonstrated its ability and willingness to negotiate, cooperate and use gentle bargaining processes to bring about the remarkably desired effects in two decades. (See Figure 3)
Figure 2. Indonesia and its Costal Neighbors: Comparative Size
Country | Land Area | Coastline | Continental Shelf | EEZ |
Australia | 7,686,300 | 36,740 | 2,636,000 | 7,006,500 |
India | 3,280,500 | 9,000 | 45,500 | 2,014,006 |
Indonesia | 1,905,000 | 60.000 | 2,768,800 | 5,408,000 |
Malaysia | 329,700 | 3,430 | 372,440 | 475,600 |
Papua N G | 461,700 | 5,000 | - | - |
Philippines | 115,830 | 15,260 | 247,120 | 1,890.700 |
Thailand | 514,000 | 2,960 | 256,100 | 324,700 |
Vietnam | 332,600 | 2,720 | 559,550 | 722,100 |
Source: Vivian L Forbes, Indonesia’s Maritime Boundaries
One of the most important issues in UNCLOS is the national maritime boundary in accordance with the sovereignty enforcement that Indonesia has intensively struggled for. This issue has two perspectives, sovereignty and sovereign rights. In article, 2, 34, 47 and 49 of UNCLOS, “State sovereignty is the highest authority vested in a state to perform any actions considered necessary in the national or state interests, based on national laws and taking account of international laws. The legal basis for the authority of a state over a territory is the existence and status of the said state as an independent and sovereign state”. It implicates the undisputed rights of each country to manage and control the application by legislation and execute the law of order on the basis of interests of the sovereign state.
Meanwhile UNCLOS Article 56 asserts that coastal states have the sovereign rights to explore, exploit, conserve and manage its natural resources both living and non-living in the Exclusive Economic Zone (EEZ). In exercising the EEZ regime, a coastal state shall have due regard to the rights of other states, such as freedom of navigation and overflight and other internationally lawful uses of the sea related to the freedom.
In terms of right of innocent passage, ships have the rights to pass freely through territorial waters. The right has been a customary international rule that is well adopted by UNCLOS in section 3 of part II as reconciliation between the navigational rights of all states and the sovereignty of coastal states. The right of innocent passage must be exercised in accordance with the rules of UNCLOS, and with the national laws and regulations enacted by coastal states, to keep international navigation safe in the straits. The ships on innocent passage enjoy neither immunity nor indemnity, different with the warships that are reflecting the sovereignty of state that are subject to the article 19 and 20 of UNCLOS. Some East Asia coastal and archipelagic countries including Indonesia require prior notification for the entry of foreign warships.
Figure 4. Indonesia’s Negotiation with the neighboring Coastal Countries
Countries | Issue | Date |
Malaysia | - Maritime Boundaries (territorial Sea and Continental Shelf) | -27 October 1969 -17 March 1970 -21 December 1971 |
Australia | -Maritime Boundaries, Provisional Fisheries Line and Zone of Cooperation | -18 May 1971 and February 1973 (on behalf of Australia itself and PNG) -11 December 1989 |
Thailand | - Maritime Boundaries (Continental Shelf) | -17 December 1971 -11 December 1975 (Not yet into action) |
India | -Maritime Boundaries (Continental Shelf) | -8 August 1974 -14 January 1977 |
Singapore | -Maritime Boundaries (Territorial Sea) | -25 May 1973 |
Papua New Guinea | -Maritime Boundaries (Continental Shelf/EEZ) | -13 December 1980 |
Source: Compiled from Vivian, Indonesia’s Maritime Boundaries
A more liberal regime of transit passage is allowed through a straits used for international navigation such as the Straits of Malacca and Singapore. UNCLOS Part III provides ships and aircrafts that are exercising the right of transit passage;
- Refrain from activities to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or distress.
- Refrain from any threat or use of force against the sovereignty of the coastal states, the integrity of territory, or in any other manner in violation of the principles of international law.
- Comply with generally accepted international regulations about maritime safety, prevention, reduction and control of pollution from the ships.
- Observe the rules of the air established by the International Civil Aviation Organization as they apply to civil aircraft; and
- During transit passage, foreign ships may not carry out any survey activities without the prior authorization of the coastal state, or may not conduct fishing activities, loading and loading of commodity, currency or persons in contravention of the custom, fiscal, immigration or sanitary laws of the coastal state.
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