The International Law of the Sea Border Dispute in Natuna Waters Concerning Sea Natural Resources in Water Border Based

Indonesian Law Journal P-ISSN: 1907 – 8463; O-ISSN: 2772 – 8568 https://ejournal.bphn.go.id/index.php/ILJ Volume 13; No. 1; July 2020

THE INTERNATIONAL LAW OF THE SEA BORDER DISPUTE IN NATUNA WATERS CONCERNING SEA NATURAL RESOURCES IN WATER BORDER BASED

Dian Narwastuty, Arman Tjoneng and Novalita Sidabutar Lecturer of International Law, Lecturer of Alternative and Dispute Resolution, Student Prof. drg. Surya Sumantri M.P.H. Street No. 65, Bandung 40164 West Java E-mail: [email protected], [email protected], dian.narwastuty@maranatha. edu

ABSTRACT Waters around the territorial boundaries of a country contain countless natural biological resources often become the object of disputes. Several countries bordering Natuna island had been in dispute especially under the UNCLOS 1982. This should be a concern of the Indonesian government, especially in regard to the government’s obligations to protect the natural resources in Natuna Island. This research uses the normative legal research method or approach to examine the positive law in maritime regime and its enforcement compared to library materials or secondary data regarding the problems that showed in this research. Theoretically, the benefits of this research are to provide information and to understand every development of legal science in general and international sea law, as well as relating to the issues discussed in this study, in particular. Practically, it is expected to be useful for all parties in international maritime law enforcement.

Keywords: Protection, Natural Resources, Sea Border Disputes, International Law of Sea, Sovereignty.

A. Introduction assets or economic wealth for present and The total area of the sea is two-thirds future generations. The higher the marine of the earth’s territory and provides 97% biodiversity is, the more economic poten- of all life on earth. Seawater is a place for tial the water has. This condition is very living, and it develops a wide variety of liv- easily reflected because it is directly pro- ing creatures both visible and invisible.1 In portional. addition, the sea also supports the life and Natural resources, which are located existence of mankind by providing maxi- in the vicinity of boundary areas of the mum benefits and uses for human life. It sea (trans boundary natural resources) is right to say that the natural resources or often referred to as cross-border natu- therein contain intrinsic values, namely ral resources, can be classified as a trans

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boundary natural resource which is locat- ing issues: theft of marine life, illegal, un- ed under the seabed extending from the reported, and unregulated fishing, where boundary of the two sides of the continental many of the proceeds of crime are brought shelf. Hence, these natural resources can and fully utilized by foreign countries and be exploited from the other party’s conti- other problems related to the sea area.3 nental shelf, either partially or completely. The problems mentioned above have not Specifically in Indonesia, such areas are yet aroused much attention from research- spotted in many different locations. ers in Indonesia. This can also be proven These water border areas contain nat- from the lack of literature on the issue of ural resources which are very potential to the protection of living natural resources in be developed and used as basic capital border area in Indonesia. Therefore, this and opportunities to accelerate regional paper is intended to critically analyze the development, strengthening resilience, main problems surrounding the Natuna Is- and so on. Therefore, it is not surprising if land from the perspective of international there are frequent disputes between coun- law. The two main matters that will be dis- tries related to the territorial waters that is cussed in this paper are: promising as the potential of natural re- a. How Indonesia’s government can sources. provide a protection to the natural re- For Indonesia, many aspects of inter- sources through Natuna Island? national law have not been able to reflect b. How Indonesia Government can es- the rules of joint use of international sea tablish its sovereignty through Natuna areas, especially in border areas. This can Island? be seen from various problems. These problems include: the unclear distribu- B. Research Method tion of resource rights in marine areas, Method used in this scientific writing various unclear sea boundary issues with is normative legal research method that neighboring countries, problems of coop- is a legal research carried out by examin- eration in the scope of maritime security, ing literature or secondary data.4 Second- and agreements to exchange prisoners of ary materials used are book materials on fishermen between countries including the international law, specifically international utilization of the biological resources in it.2 law, maritime law, and diplomatic and con- Adding to these problems is the follow- sular law. Based on existing history, the

1 Nyabakken, J.W., 1986, Marine Biology : An Ecological Approach, (Translators : M. Eidmen, Koebiono, Dietrich, Hutomo, and Sukardj0), Jakarta :PT Gramedia , p. 18. 2 - able Necessity? International Lawyer, Vol.11, no.1, p.44. 3 Sihotang,J.A.Draper, Japanton, 1977, The 2009, Indonesian Indonesian Archipelagic Border Sea State Border Doctrine Problems and The in theLaw Arafura of The SeaSea :and Territorial Timor Sea. Grab LIPI or JustifiPress., Jakarta,p53-56. 4 Soerjono Soekanto, 2001 Introduction to Legal Research, Jakarta: Rajawali, p. 15.

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actual division of the sea has occurred tries. Indonesia has ratified the convention since the 15th century where there was an through Law No. 17 of 1985. agreement between Spain and the Portu- The approach used is the statute guese which had great power in the very approach that is addressing all legisla- influential maritime field.5 Meanwhile, in tion and regulations related to the legal 1945, the President of the United States, issues being addressed and Conceptual Harry S. Truman, proclaimed that the Approach that moves from the views and power of the United States also covers the doctrines that develop in law. In this paper, seabed around the mainland of the United the researcher’s focal point to approach States so that the United States has the the problem discussed is Law Number right to use all the natural resources con- 17 of 1985 concerning Ratification of the tained therein. This was later known as United Nations Convention on the Law of the Truman Proclamation. In its journey, the Sea (hereinafter referred to as UN- it turned out that many countries were in- CLOS), Law Number 5 of 1990 concern- spired by the Truman Proclamation so that ing Nature Conservation, Law Number 37 each country declared its authority over of 1999 concerning Foreign Relations, and the surrounding seabed, including Indo- Law Number 17 of 2019 concerning Water nesia, which claimed power over the sea Resources. All of the regulations referred around the Indonesian Islands known as to are used in this paper to examine the the Djuanda Declaration. issues surrounding protecting the living As a result, there was a sporadic phe- natural resources in the Indonesian sea nomenon of marine area claims that oc- borders and the appropriate way to re- curred at that time. The United Nations solve the issue of territorial water disputes considers that there is a need for regula- between countries bordering Indonesia dition of control over the sea. Therefore, the rectly. The data used are secondary data United Nations held the United Nations obtained from literature studies and prima- Conference on the Law of the Sea which ry data obtained by conducting interviews produced the United Nations Convention with respondents and litigation institutions. on the Law of the Sea 1958. In its development, the convention was finalized through the 1982 United Nations Conference on the Law of the Sea convention (hereinafter referred to as the UNCLOS 1982) which has been ratified by more than 160 coun-

5 Butcher, JG. 2009. Becoming and archipelagic state: the Djuanda Declaration of 1957 and the ”struggle to gain international recognition of the archipelagic principle, in Cribb, R. and Ford, M. 2009 Indonesia beyond the water’s edge - Managing an archipelagic state, Indonesian Update Series, RSPAS Australian National University, ISEAS, Singapore, p.28-48.

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C. Discussion North Sumatra, Nipa Island in Riau Prov- 1. The Maritime Law in Indonesia to ince and Batek Island in East Nusa Teng- Provide Sovereignty in Its Water gara Province (NTT).7 Borders In fact, Indonesia has a territory directly adjacent to neighboring countries, The sea, especially the ocean, has or a territory that is not directly bordered special characteristics for humans. As as is the case with the People’s Republic far as the law of the sea, the law means of China (PRC). There is a difference of a series of regulations regarding the be- views between the State of Indonesia and havior of people as members of the com- the countries mentioned above regarding munity and aims to establish order among water boundaries. These differences in the members of the community. The sea views have led to disputes with the coun- is a vast expanse of water between vari- tries mentioned above. The cases in the ous continents and Island in the world.6 waters of the Natuna Island in mid-Janu- Because Indonesia’s territory consists of ary 2020 had proved to us. 60% of the territorial waters or oceans, the Understanding Maritime Law in gen- condition of the Indonesian archipelago is eral can be interpreted as: law relating ev- also elaborated. erything that is related. In the history of the The identification of islands in Indone- Anglo-Saxon legal system, Maritime Law sia has successfully confirmed the number is translated by the term Admiralty Law. of islands in Indonesia as 17,508 islands. The term means matters concerning the Among those islands, there are 7,353 handling of legal matters concerning mari- have name, while 10,155 are unnamed is- time by a court of admirals. lands. Out of all the named islands, 67 is- Meanwhile in a narrower sense, mari- lands are directly adjacent to neighboring time law is in terms of the terms Shipping countries, and 11 of them are located on Shipping, Scheepvaartrecht, sea-transport the outer islands, which requires special law. The equivalent term is not appropri- attention. The eleven outermost Island in ate because the scope of understanding of Indonesia are Sekatung Island and Natu- Maritime Law is more diverse than the ter- na Island in Riau Island Province, Marore minology of shipping or sea transportation Island and Miangas Island in North Su- law. Understanding Maritime Law accord- lawesi Province, Fani Island and Fanildo ing to Black’s particularly relates to com- Island and Behala Island in Papua Prov- merce and navigation, to ships and ship- ince, Rondo Island in Nanggroe Aceh Dar- ping, to seamen, to the transportation of rusalam (NAD), Behala Island in Province persons and property by sea, and to ma-

6 Wirjono Prodjodikoro, 1984, Law of the Sea For Indonesia, Jakarta : Bandung Well, p.8. 7 O.C. Kaligis & Associates, 2003, Sipadan-Ligitan Dispute : Why We Lose, Jakarta , P.8.

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rine affairs generally. The law relating to 3. Matters about shipbuilding (shipping harbors, ships and seamen. And important industry) branch of the commercial law of maritime 4. The aspects of civil law and public law nations is divided into a variety of depart- from the things mentioned above.9 ments, such as those about harbors, property of ships, duties and rights of masters The main functions of maritime law are and seamen, contracts of freight, average, formulated in the issuance of the ESCAP salvage, etc. (Economic and Social Commission for Having understood the Maritime Law Asia and the Pacific), Bangkok, Guidelines above, there are several focal points of for Maritime Legislation: maritime law to state. The focal point is 1. Maritime Law provides the legal frame- in the interest of whom the maritime law work for maritime transport, i.e. the was created. Thus, maritime law, which carrying out of a state’s foreign trade, focuses on issues around trade, naviga- 2. Maritime Law implements the basic ob- tion at sea and everything that covers it, jectives of a state as a port state and accommodates the mindset of the Utilitari- coastal state, anism.8 Utilitarianism is the legal thought 3. Maritime Law may serve the achieve- that prioritizes the actual interests of each ment of certain economic purposes.10 individual, so that the state is ”only” an embodiment of the actual interests of each While in other parts, the law of the sea of its citizens. This is what causes a lot can be interpreted as aspects regarding of distortions and problems within law en- the use and sources of marine resources. forcement. It can be understood that the In the ESCAP Guidelines for Maritime Leg- result of law enforcement based on actual islation, it is formulated that: The law of the interests is the justification of actions that sea encompasses all aspects of the uses are international in nature are sensitive to and resources of oceans, the Maritime claims that are empirical / require proof. Law constitutes that specialized branch of Based on the above understanding, the the law which governs maritime transport scope of Maritime Law includes: and sea-borne international trade. Since 1. Matters relating to ships, the birth of the United Nations Interna- 2. Matters concerning the seaport of tional Convention on the Law of the Sea these ships, (United Nations Convention on the Law of

8 Fernando R. Teson,1998, A Philosophy of International Law, United States America: Westview Press, p.50-51. 9 Joko Susanto, 2015, In Compilation Book : Kemaritiman Indonesia, Problem Dasar Strategi Maritim Indonesia, Malang : CV. Cita Intrans Selaras, p 26-28. 10 M. Husseyn Umar, 2015, Hukum Maritim dan Masalah-Masalah Pelayaran di Indonesia Buku I, Jakarta : Fikahati Aneska, p. 5.

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the Sea) in 1958 and 1982, the framework turing of KM. Kway Fey (a motor vessel) for regulating International Sea Law cov- with the Chinese flag and eight crew mem- ers the following matters: bers from China by the Indonesian Ministry 1. The spatial boundaries of all marine of Maritime Affairs and Fisheries (KKP), it spaces and legal regimes concern- was evident of the interests. This polemic ing national sovereignty or jurisdiction was exacerbated when the ships did not over oceanic spatial areas which con- merely enter Indonesian sovereignty but nect to the coast, access to the ocean, also illegally caught fish with the protec- 2. Shipping, protection and preservation tion of a coast guard. of the environment against pollution, Territorial sovereignty of a country is 3. Exploitation of biological and vegeta- three dimensional including land, air and ble resources and their preservation, sea. Sovereignty over land covers land scientific research on maritime, surface, land, and land under land to an 4. Seabed mining, unlimited depth. Sovereignty over air- 5. Settlement of disputes.11 space includes airspace which is located above the surface of the land area and The Sea Law Convention also details which is located above the territorial wa- various legal regimes regarding freedom ters of a country. Whereas in the sea area, of sailing in the open sea, including in the a country’s territorial sovereignty includes EEZ and for seagoing in territorial seas the zone of inland waters, territorial waters through international straits and archi- and territorial seas. The territorial sover- pelago waters. In this arrangement, the eignty of a country is also regulated under coastal state has the authority to make Article 2 of UNCLOS 1982. The explana- laws and regulations regarding sea traffic tion of the convention explains that the in the area for shipping safety and regu- basic concept of space for sovereignty as late shipping traffic, protect facilities and the highest authority of a state is limited by navigation aids, and preserve the environ- the territory of that State, so that the state ment and control pollution. has the highest power within its territory. On February 25, 1992, the government Mochtar Kusumaatmadja stated that a con- of the People’s Republic of China (PRC) sequence of understanding sovereignty in announced the Law of the Territorial Sea this limited sense, besides independence, and its Additional Zone, where the Natuna also understood equality. That is, besides Island was included in its Territorial Juris- the sovereign states, each of them is in- diction. The Chinese interests in the South dependent; they are also of the same rank China Sea region extend to the fisheries as the others. Mochtar Kusumaatmadja area of the Natuna Island. From the cap- stated that independence and equality are

11 M. Husseyn Umar, 2015, ibid, p. 6.

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forms of the realization and implementa- 27, 1958, was called the UN Conference tion of the definition of sovereignty in a I on the Law of the Sea, was successfully reasonable sense.12 agreeing on four conventions, as follows: The importance of sea areas in rela- a) Convention on the Territorial Sea and tions between nations also makes the im- the Contiguous Zone entered into force portance of international sea law impor- on September 10, 1964; tant. The purpose of this law is to regulate b) Convention on the High Seas came the dual use of the sea as a highway and into force on 30 September 1962; as a source of wealth and energy. In ad- c) Convention on Fishing and Conser- dition, the law of the sea also regulates vation of the Living Resources of the competition between countries in seeking High Seas (Convention on Fisheries and using the wealth provided by the sea, and Protection of Open Sea Biologi- especially between developed and devel- cal Resources), entered into force on oping countries. March 20, 1966; d) Convention on the Continental Shelf 2. The Enforcement on Maritime Re- came into force on June 10, 1964. gime, the Difficulties Inside Law was born from international cus- In other regions, there are sea areas tomary sources. This international custom which must be regulated with different was born from the same actions and car- uses. These parts are the Exclusive Eco- ried out continuously on the basis of the nomic Zone, the territorial Sea, and other same needs at sea. International customs parts. The Exclusive Economic Zone is a are also common habits that are accepted new arrangement established by the UN- as law. Be aware that international cus- CLOS 1982. Long before the birth of this toms as a source of law do not exist, since regulation, the outer boundary of the ter- a source of law is closely related to inter- ritorial sea was considered as the bound- national treaties. This relationship is a re- ary between the part of the sea towards ciprocal relationship. the land where full sovereignty of the International agreements are agree- coastal state applies, and the part of the ments that are held between members of sea outward from that boundary where the community of nations and aim to have the freedom applies in the high seas. The certain legal consequences. Legal sources arrangement of the Exclusive Economic of sea law were the result of the 1958 UN Zone can be considered as the result of a conference in Geneva. The conference, revolution that has changed in such a way which was held from February 24 to April the arrangement of the sea.

12 Mochtar Kusumaatmadja, 1978, Bunga Rampai Hukum Laut, Jakarta : Bina Cipta, p.151-153.

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In general, it can be defined what is Therefore, in connection with the case meant by the Exclusive Economic Zone, of claims against the Natuna region, both namely ”the part of the water (sea) located of the PRC and Vietnams has violated outside of and bordering a territorial sea as the rights, jurisdiction and obligations wide as 200 (two hundred) nautical miles of a coastal state. their means that PRC measured from the baseline where the should not neglect the property rights of width of the territorial sea is measured”. Indonesia as a coastal state. These rights The width of the Exclusive Economic Zone include: for each coastal country is 200 miles as a) Sovereign rights for the purposes of affirmed in Article 57 of UNCLOS 1982 exploration and exploitation, conser- which reads ”the exclusive economic zone vation and management of natural re- shall not extend beyond 200 nautical miles sources, both biological and non-bio- from the baseline from the breadth of ter- logical, from waters on the seabed and ritorial sea is measured” may exceed 200 from the seabed and the land beneath, nautical miles from the base line of which and in connection with other activities the territorial sea width is measured ”. for the purpose of exploring the Exclu- Article 55 of UNCLOS 1982 confirms sive Economic Zone, such as the pro- that the Exclusive Economic Zone as wa- duction of energy from water, currents ters (sea) located outside and adjacent to and wind. the territorial sea, subject to the special le- b) Jurisdiction as provided in the relevant gal regime (special legal regime) stipulat- provisions of this convention with re- ed in this Chapter, is based on where the gard to: i. manufacture and use of ar- rights and jurisdiction of coastal states, as tificial islands, installations and build- well as other national freedoms, are gov- ings; ii; marine scientific research; iii. erned by the relevant provisions of this Protection and preservation of the ma- convention. This particular legal regime rine environment. appears in the specific law applicable to c) Other rights and obligations as speci- the EEZ as an integration, which includes: fied in this convention. a. sovereign rights, jurisdiction and obligations of coastal states; In exercising rights and fulfilling obliga- b. the rights and freedoms of other coun- tions under this convention in the Exclu- tries; sive Economic Zone, coastal States must c. freedom of the high seas; and pay due attention to the rights and obliga- d. the rules of international law as speci- tions of other countries and must act in a fied in the convention.13 manner consistent with the provisions of

13 M. Yunus, 2015 in Compilation Book : Kemaritiman Indonesia, Problem Dasar Strategi Maritim Indonesia; Nusan- tara : Negara Maritim, Petani, atau Sekadar Sebaran Pulau?, Malang : CV. Cita Intrans Selaras, P. 70-71.

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this convention. The rights listed in this tion of these letters, or original letters article with regard to the seabed and the filled in with false data).14 underlying land must be implemented in 2. Deviation from the proper shipping accordance with the provisions of Chapter route (deviation) and theft of cargo.15 VI UNCLOS 82. 3. Fraud in ship charter, (including fraud- The Southeast Asian region has in- ulent use of the proper charter time. creasingly become the target of ”ghost Where the ship user (charterer) ma- ships” that are rumored to be sailing with nipulates the charter time intention- hundreds or even thousands of tons of ally and fraudulently, the ship owner cargo that suddenly disappear with cargo still has to fulfill delivery obligations worth hundreds of millions of US dollars. even though the charterer has not per- The ”ghost ships” disappear or are de- formed its obligations.16 clared sinking even though they had sold 4. Fraud related to ship or cargo insur- their cargo and diverted it to other ships ance, including the intentional action in international waters or at other ports. of burning or sinking the ship.17 These ships with certain methods, meth- 5. Other frauds, including fraud related to ods of cheating, or certain modes of op- activities at the port.18 eration change the ship’s identity to a new identity (generally to countries of flag of Based on the above classification, the convenience, such as Panama, Liberia, number of cases that occurred in Natuna Honduras, etc.). Crimes related to such Sea in the past decade can be described shipping have increased in the past 10 as following crimes/frauds: years. 1. Natuna sea area is very rich in biologi- Several types of fraud that can occur / cal wealth in the form of various types involve crime / fraud in the maritime world of fish, the oil content is quite prom- can be categorized into five (5) categories, ising, and also the treasure of ship- namely: wrecks, but the monitoring system is 1. Fraudulent use of documents. This is a still very weak. crime / fraud manipulation of transport It requires a great deal of funds to documents / arrangements, invoices, oversee the Island and Archipelago insurance polls, certificates of origin, in Indonesia. These funds include, quality certificates of goods, falsifica- among other things, used for patrol

14 Nunung Mahmudah, 2015, Illegal Fishing, Pertanggungjawaban Pidana Korporasi di Wilayah Perairan Indonesia,

15 Nunung Mahmudah, 2015, ibid, p. 95. 16 WiwohoJakarta : SinarSoedjono, Grafika, 1982, p. 94.Hukum Perkapalan dan Pengangkutan Laut, Jakarta : Bina Aksara, p.138-142. 17 Wiwoho Soedjono, 1982, ibid, p. 87-88. 18 Baharuddin Lopa,1982, Hukum Laut, Pelayaran, dan Perniagaan, Bandung: Penerbit Alumni, p.194-195.

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costs, fuel costs, from patrol vehicles days in 2017 to 24 days in 2019. The and other costs. However, during the budget reduction for PSDKP is con- last period there was a reduction in sidered to be one of the main causes costs for the budgets referred to above. that weakened the overseeing of In- Furthermore, Executive Director of the donesia’s sea areas, especially those Maritime Study Center for Humanity directly adjacent to neighboring coun- Abdul Halim gave a response to the re- tries such as North Sulawesi, North emergence of the practice of fish theft Maluku, Riau Islands, and others. by foreign fishing vessels (KIA) in the 2. The position of Natuna Island is very North Natuna Sea.19 Halim said that a strategic and because of its strategic decrease budget allocated for supervi- position which directly faces the South sion of marine and fishery resources China Sea, Natuna Island borders a in the Directorate General of PSDKP, number of countries. Thus, it is not Ministry of Maritime Affairs and Fisher- surprising that the Ministry of Mari- ies (KKP) in the 2018-2019 fiscal year time Affairs and Fisheries (hereinafter has significantly influenced the protec- referred to as KKP) often catches for- tion of the North Natuna Sea region. eign fishing vessels (henceforth called He stated that the decrease in bud- MCH) that are operating in these wa- get allocation had an impact on the ters. In fact, KIA since 2014 has no decreasing number of monitoring days longer been able to fish in Indonesian at sea, from 145 days to 84 days in a waters, or in other words it has been year.20 The decline in the surveillance declared illegal. budget at sea by the CTF, apparently 3. Supervision of the granting of permits also occurred at the provincial level for foreign fishing vessels which often through the Department of Maritime falsifies the identity of letters for sailing Affairs and Fisheries. One example and letters for fishing. is the PSDKP budget allocation in the Acting Director (Acting) Director North Maluku Province DKP which de- General of Maritime and Fisheries Re- creased during the period from 2017 to sources Supervision (PSDKP) Nilanto 2019. As a result of the reduction and Perbowo explained that KIA captured budgeting, the number of days for su- in the Natuna waters often used flags pervision dropped dramatically from 60 of the states in the Southeast Asia or Asia regions.21 From the arrests made

19 www.mongabay.co.id, Jay Fajar , May 18, 2018, Laut Natuna Masih Disukai Kapal Asing Penangkap Ikan Ilegal,. Kenapa ?, downloaded on June, 6, 2020, 15.00 Wib. 20 https://wow.tribunnews.com , Mariah Gipty, December, 31, 2019, Direktur CMSH Ungkap Faktor Kapal Asing leluasa Masuk Indonesia, Bandingkan Anggaran 2018 dan 2019, downloaded on June, 6, 2020, 15.00 Wib. 21 https://kkp.go.id, January,20,2020, KKP Bebaskan Nelayan Indonesia yang tertangkap Aparat Malaysia, downloaded on June 7, 2020, 13.00 WIB.

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by the SHIP 04 Fishing Supervision es that have been prosecuted, actions Boat (KP) in the waters of the North are often only carried out on actions Natuna Sea, 60% of KIA cases were against the captain of the ship. Such found to have used fake permits, or actions can be considered as ineffec- incomplete shipping documents and tive actions. This is in line with the ship permits. MCHs that were captured statement by the expert of Sea Law by these officers also did not have val- Expert at the Faculty of Engineering, id documents from the Government of Gadjah Mada University Yogyakarta, Indonesia for fishing in the Fisheries I Made Andi Arsana.22 He stated that Management Area of the Republic of legal action which was limited to the Indonesia (WPP-RI). captain of the ship was not enough Indonesian surveillance vessels to make a deterrent effect on the ship continue to carry out routine surveil- owner’s company. In addition, law en- lance operations on Illegal, Unreport- forcement against illegal fishing must ed, Unregulated Fishing (IUUF) ves- touch on fishing theft practices at the sels around the North Natuna Sea. border, such as double flagging, shut- But, weaknesses to the existing sur- ting down the VMS (vessel monitoring veillance system still has been found system), and transshipment (transfer until now. of ships) in the middle of the sea. 4. Enforcement by the government of In- He explained that under the provi- donesia to crack down MCH cases is sions of Law No. 7 of 2016 concerning deemed to be ineffective to entrap fish the Protection and Empowerment of thieves. Fishers, Fish Farmers, and Salt Farm- Indonesia carried out enforcement ers, smaller vessels under 10 GT are actions by 3 (three) related institutions, categorized as small fishing vessels namely the CTF for issues around and the use of such vessels becomes Fisheries and fishermen, the Ministry the modus operation to steal fish us- of Foreign Affairs Department for ising small MCHs. Having this status sues concerning International Rela- would make the owner of the ship with tions and the Boundaries of the State concerned size receive various facili- and territories of the Islands, as well ties from the KKP. The CTF also gave as the Ministry of Maritime Coordina- permission to conduct fishing. Con- tor and Investments in charge of the sequently, illegal fishing conducted exploration and utilization of the sea by Small Fishing Vessels is not acted and its wealth. From a number of cas- on or ”released”. In fact, small MCHs

22 I made Andi Arsana, 2007, Batas Maritim Antarnegara, Sebuah Tinjauan Teknis dan Yuridis, Yogyakarta : UGM Press, p.144-145.

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were axes for larger MCHs to wait in ing patrol boats and coast guard ves- the middle of the sea. sels and focus on safeguards in the 5. Fishers from Vietnam, China delib- border areas between countries. That erately involve their country’s coast- was done by Vietnam, because it was guards to secure the fishing vessels not yet clear of the exclusive economic of the two countries while sailing in zone boundaries of the two countries the exclusive economic zone (EEZ) (Indonesia and Vietnam), so that it be- area of Indonesia. This condition has came a gap and justification Vietnam taken place in recent weeks and has to expand fishing territory in the North provoked Indonesia to secure its sov- Natuna Sea.” ereignty in the territorial waters. The Natuna Island in the region D. Closing of Riau has long been a busy area Approaches of the Government of In- traversed by fishing vessels from donesia to provide protection to the natu- around the world. The situation has ral resources in Natuna Island: not changed, despite political tensions 1. Upholding sovereignty in the Na- in recent years in the region involv- tuna Sea with the principles of Inter- ing East Asian and Southeast Asian national Sea Law without prejudice countries. Within this year, one of the to the maritime status of the State Southeast Asian countries, Vietnam, Sovereignty of Indonesia in the Natuna even more aggressively catches fish Sea should be realized by upholding in waters that fall into the exclusive Indonesia’s Internal Sovereignty as a International Economic Zone (EEZ). political unit that is unanimously united Not surprisingly, during 2019 the Min- in the territorial integrity of its people istry of Maritime Affairs and Fisheries and ethnic groups. Thus, the territorial (KKP) claimed to have found 13 pa- sovereignty between the Natuna Sea trol vessels in the country that were and the Riau Island and the Indone- on guard or were always in those wa- sian people cannot be separated as ters. For Indonesian Destructive Fish- part of the sovereignty of the Indone- ing Watch (DFW) National Coordina- sian state itself. tor Moh. Abdi Suhufan, the vigilance 2. Bringing the strength of the marine of the 13 Vietnamese patrol boats is fleet to support security in the Natuna aimed at keeping fishing activities car- Sea and other waters. ried out by their fishermen to continue 3. In supporting sovereignty as explained to run well.23 The ships consist of fish- above, it requires supporting force to

23 www.mongabay.co.id , Jay Fajar, September 6, 2019, Ulah Vietnam Ini Mengintimidasi Indonesia di Laut Natuna Utara, downloaded on June 9, 2020,10.30 WIB.

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maintain the sovereignty. The strength Approaches of the Government of In- of the sea fleet will be the most logical donesia to establish its sovereignty in the consequence for securing Indonesian Natuna Island territory, including the Natuna Sea. 1. The full implementation of geostrategic 4. Formulating a security and enforce- of national resilience (geostrategic-ta- ment strategy against KIA that violates nas) that had been announced in the the Indonesian Sea. Post-Reformation Era 5. With the existence of the recognition of The concept of national resilience Indonesia’s sovereignty which is round (Tannas) Indonesia is the conception and intact with all the consequences of of developing national power through supplying the strength of its naval fleet, the regulation and implementation of then we need a security and enforce- welfare and security that are balanced, ment strategy for the MCH who commit harmonious in all aspects of life as a violations and crimes in the Indonesian whole and in an integrated manner sea. This security strategy needs to be based on Pancasila, the 1945 Consti- outlined with a law that does not over- tution, and the Archipelagic Insights. lap and clearly stipulate the interests of In other words, the conception of the citizens that are protected as national National resilience of Pancasila is a interests and the direction of develop- guideline (means) to improve the (re- ment of an effective form of action for silience) method and resilience of the each MCH, wherever the territorial wa- nation incorporating the ability to de- ters of Indonesia are located. velop national power with a welfare 6. Establishing clear agreements / trea- and security approach. ties regarding the boundaries of territo- Welfare can be described as the rial waters with neighboring countries. nation’s ability to grow and develop 7. As explained above, one of the prob- its national values for the sake of the lems in the Natuna Sea is the unclear prosperity of the people in a fair and sea boundary which will create ob- equitable manner. While security is the stacles for the interests of the state ability of a nation to protect its nation- (in this case the coastal state) and the al values against threats from outside people protected by claims of authority and within the country. over the sea which includes the sea, Thus, in the Post-Reformation era, coast, coast and all their wealth. With the nature of national development the establishment of bilateral agree- was directed towards the development ments between countries bordering di- of the Indonesian people as a whole rectly on their territorial waters, actions and the development of Indonesian will be minimized in violation / crime society as a whole. This principle will against other countries’ territories. create an equal life to other advanced

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nations. Development from the peo- Becoming the World Maritime Axis ple, by the people, and for the people country will include the development which includes political aspects, econ- of maritime processes from infrastruc- omy, socio-cultural, defense and se- ture, political, socio-cultural, legal, security, requires harmonious relations curity and economic aspects. Uphold- with God the Almighty, amongst fellow ing the sovereignty of the sea territory humans, and the surrounding natural of the Republic of Indonesia, revitaliz- environment. Community is the main ing marine economic sectors, strength- actor of development and the govern- ening and developing maritime con- ment must direct, guide, and create an nectivity, rehabilitating environmental atmosphere that supports and utilizes damage and conserving biodiversity, all national resources. The goal of na- and increasing the quality and quantity tional development is to realize an eq- of marine human resources, are the uitable and prosper community that is main programs endeavor to realize In- distributed evenly on material and spir- donesia as a global maritime axis. In itual basis based on Pancasila and the achieving this goal, it takes 5 ways to 1945 Constitution in the Republic of In- build Indonesia’s maritime affairs. The donesia which is independent, sover- five ways are rebuilding Indonesia’s eign, shared, united, and sovereignty maritime culture, commitment in main- of the people in an atmosphere that is taining and managing marine resourc- secure, peaceful, orderly and dynamic es with a focus on building marine food in the Republic of Indonesia. The re- sovereignty through the development flection of a free, dignified, orderly and of the fishing industry by placing fisher- peaceful world. men as the main pillar, commitment to 2. Effective application of the Indonesian encourage infrastructure development Maritime Axis Principle and maritime connectivity by building Indonesia is the largest archipelag- sea tolls, sea ports, logistics, and ship- ic country in the world that has the po- ping industry, as well as maritime tour- tential to become the World Maritime ism, maritime diplomacy which invites Axis. The World Maritime Axis aims to all Indonesian partners to work togeth- make Indonesia a large, strong and er in the maritime sector, and building prosperous maritime country through maritime defense forces. the restoration of Indonesia’s identity as a maritime nation, safeguarding For the PRC, it is best to immediately maritime interests and security, em- stop the claim on the Natuna region, as powering maritime potential to realize long as the territory of the Indonesian state Indonesia’s economic equality. as a Coastal State. For the government of the Republic of Indonesia, in order to

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maintain full preparedness in maintaining 12. Sihotang, Japanton, 2009, Indonesian sovereignty in the Republic of Indonesia. Border Sea Border Problems in the Ara- fura Sea and Timor Sea. LIPI Press, Ja- karta, Bibiography 13. Law Number 17 of 1985 concerning Rat- 1. Baharuddin Lopa,1982, Hukum Laut, ification of the United Nations Conven- Pelayaran, dan Perniagaan, Bandung: tion on the Law of the Sea (hereinafter Penerbit Alumni, referred to as UNCLOS), 2. Fernando R. Teson,1998, A Philoso- 14. Law Number 5 of 1990 concerning Na- phy of International Law, United States ture Conservation, America: Westview Press, 15. Law Number 37 of 1999 concerning For- 3. I made Andi Arsana, 2007, Batas Mari- eign Relations, tim Antarnegara, Sebuah Tinjauan Tek- 16. Law Number 17 of 2019 concerning Wa- nis dan Yuridis, Yogyakarta : UGM Press, ter Resources. 4. Joko Susanto, 2015, In Compilation 17. Butcher, JG. 2009. Becoming and ar- Book: Kemaritiman Indonesia, Prob- chipelagic state: the Djuanda Declara- lem Dasar StrategiMaritim Indonesia, tion of 1957 and the ”struggle” to gain Malang: CV. Cita Intrans Selaras, international recognition of the archipe- 5. M. Husseyn Umar, 2015, Hukum Maritim lagic principle, in Cribb, R. and Ford, M. dan Masalah-Masalah Pelayaran di In- 2009 Indonesia beyond the water’s edge donesia Buku I, Jakarta: FikahatiAneska, - Managing an archipelagic state, Indo- 6. Mochtar Kusumaatmadja, 1978, Bunga nesian Update Series, RSPAS Australian Rampai Hukum Laut, Jakarta: Bina Cip- National University, ISEAS, Singapore ta, 18. https://kkp.go.id, January,20,2020, KKP 7. M. Yunus, 2015 in Compilation Book: Bebaskan Nelayan Indonesia yang ter- Kemaritiman Indonesia, Problem Dasar tangkap Aparat Malaysia, Strategi Maritim Indonesia; Nusantara: 19. J. A. Draper, 1977, ”The Indonesian Ar- Negara Maritim, Petani, atau Sekadar chipelagic State Doctrine and Law of the Sebaran Pulau?, Malang: CV. Cita In- Sea: ’Territorial Grab or justifiable Ne- trans Selaras, cessity?”, International lawyer, Vol. 11, 8. Nunung Mahmudah, 2015, Illegal Fish- No. 1, ing, Pertanggungjawaban Pidana Kor- 20. www.mongabay.co.id,JayFajar,May 18, porasi di Wilayah Perairan Indonesia, 2018, Laut Natuna Masih Disukai Kapal Jakarta : Sinar Grafika, Asing Penangkap Ikan Ilegal. Kenapa ? 9. Nybakken, J.W., 1986, Marine Biology: 21. www.mongabay.co.id, JayFajar , Sep- An Ecological Approach, (Translators: tember 6, 2019, Ulah Vietnam Ini M Eidmen, Koebiono, Dietrich, Hutomo, Mengintimidasi Indonesia di Laut Natuna and Sukardjo), PT Gramedia, Jakarta, Utara, 10. Wiwoho Soedjono, 1982, Hukum Perka- 22. https://wow.tribunnews.com, Mariah Gip- palan dan Pengangkutan Laut, Jakarta: ty, December, 31, 2019, Direktur CMSH BinaAksara, Ungkap Faktor Kapal Asing leluasa Ma- 11. Soerjono Soekanto, 2001, Introduction suk Indonesia, Bandingkan Anggaran to Legal Research, Jakarta: Rajawali, 2018 dan 2019

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CURRICULUM VITAE OF AUTHORS

Dian Narwastuty, S.H., M. Kn. Was born in Palembang on the 18th of August. She has been actively teaching international law since becoming an Assistant to Mr. Huala Adolf in 2012 at Maranatha Christian University Bandung. She is interested in participating in research in the field of International Law since becoming a student at the State University in Bandung. International Law has its own interest for her; therefore, she always dedicates her thoughts in the international law class which has been her subject up to now.

Arman Tjoneng, S.H., M. Hum. Is a co-author of the first writer in the Faculty of Law at Maranatha Christian University. He is a student of the Law Study Program with a concentration in International Law. He is active in teaching the fields of litigation law (Procedural Law, and licensing) to the non-litigation field (Mediation Law etc.). This paper gets a lot of input from him, especially in the dispute resolution section. Undoubtedly, he has the ability to handle cases such as the CTF Case, Natuna Case etc. He is also active as an Advocate in the Bandung District court area.

Novalita Sidabutar She was a student in Maranatha Christian University. She is active in her 4th semester and is in the process of writing journal with her lecturers above.

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