Border Security in Indonesia and Papua New Guinea
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South East Asia Journal of Contemporary Business, Economics and Law, Vol. 12, Issue 4 (April) ISSN 2289-1560 2017 BORDER SECURITY IN INDONESIA AND PAPUA NEW GUINEA Harry Purwanto Dewa Gede Sudika Mangku ABSTRACT Since Papua New Guinea's independence in 1975, the 760- kilometer-long border between it and Indonesia's Irian Jaya Province was a focus for mutual suspicion. Indonesia sought through diplomacy and intimidation to prevent Papua New Guinea from becoming a cross-border sanctuary for OPM separatists. Port Moresby's policy on the border situation was conditioned by fears of Indonesian expansionism and sympathy for West Papuan efforts to defend their cultural identity against Indonesianization. The Papua New Guinea government was also keenly aware of the military imbalance between the two countries. Border between Indonesia and Papua New Guinea, there are various problems that occur in the region. Issues surrounding cross-border activities in the border areas between Indonesia and Papua New Guinea with regard to illegal cross- border activities of border communities as a form of traditional activities for their customs and cultural similarities between the border communities. It can disrupt diplomatic relations between the two countries so any problems should be resolved by means of negotiations. Key word : Border, Security, Indonesia, Papua New Guinea Introduction Since Papua New Guinea's independence in 1975, the 760- kilometer-long border between it and Indonesia's Irian Jaya Province was a focus for mutual suspicion. Indonesia sought through diplomacy and intimidation to prevent Papua New Guinea from becoming a cross-border sanctuary for OPM separatists. Port Moresby's policy on the border situation was conditioned by fears of Indonesian expansionism and sympathy for West Papuan efforts to defend their cultural identity against Indonesianization. The Papua New Guinea government was also keenly aware of the military imbalance between the two countries (http://countrystudies.us/indonesia/100.htm). Indonesia – Papua New Guinea relations are foreign relations between Indonesia and Papua New Guinea, two bordering countries north of Australia. Western New Guinea (which consists of two Indonesian provinces: Papua and West Papua) and Papua New Guinea share a 760-kilometre (470 mi) border that has raised tensions and ongoing diplomatic issues over many decades. Indonesia is represented in Papua New Guinea with an embassy in Port Moresby and a consulate in Vanimo (http://countrystudies.us/indonesia/100.htm). The land boundary between Indonesia and Papua New Guinea stretches for some 750 kilometres. In the south it passes through dry savannah and swampy rain forest before ascending into the precipitous limestone ridges of the rain-soaked Star Mountains. North of the Star Mountains it traverses the Sepik floodplain, another series of formidable limestone ridges and raging mountain streams, and a thickly forested swampy plain before rising again into the Bougainville Mountains, which ultimately fall, in a succession of limestone cliffs, into the sea at Wutung. The border itself is poorly defined. Until the 1980s there were only fourteen markers along the entire length of the border (http://press-files.anu.edu.au/downloads/press/p66801/mobile/ch14.html). Picture 1 : Map Papua New Guinea 92 South East Asia Journal of Contemporary Business, Economics and Law, Vol. 12, Issue 4 (April) 2017 ISSN 2289-1560 (Sources : https://www.quora.com/Who-is-responsible-for-the-confusing-names-of-Papua-New-Guinea-and-Papua-New-Guinea) Except for parts of the border area roughly from the Fly River bulge to 100 kilometres north of it, the region is sparsely populated by people who are shifting cultivators with small groups of predominantly hunter-gatherers. In the north and south respectively taro and yam provide the main staples, and in the higher altitudes some depend on sweet potato; for the rest sago is the main staple, supplemented by hunting. As in other countries whose borders are the product of arbitrary decisions by past colonial regimes, language groups and traditional rights to land as well as relations of kin and of trade extend across the border. Indeed, border surveys during the 1960s established that the border ran right through the middle of at least one village and that several villages which had been administered by the Dutch were in fact in the Australian territory. As recently as 1980 a village included in Papua New Guinea’s National Census was found to be inside the Indonesian province of Irian Jaya [which in 2000 President Wahid renamed Papua]. The situation is made more complex for administering authorities by the tendency, amongst these shifting cultivators, for whole villages to shift, re-form and disappear over time (Bulletin of Concerned Asian Scholars, 1987). The land border is defined by an Australian-Indonesian border agreement of 1973, and is the subject of an agreement between Indonesia and Papua New Guinea concerning administrative border arrangements. The latter was originally drawn up in 1973 (when Australia was the administering authority in Papua New Guinea, though the agreement was signed by Michael Somare as chief minister), and was renegotiated, with minor but significant amendments, in 1979 and 1984. The agreement contains provisions relating to definition of the border area, the establishment of a joint border committee and consultation and liaison arrangements, border crossings for traditional and customary purposes and by non-traditional inhabitants, customary border trade and the exercise of traditional rights to land and waters in the border area, border security, quarantine, navigation, exchange of information on major construction, major development of natural resources, environmental protection, and compensation for damages. There is, however, no provision for hot pursuit across the border, and Papua New Guinea has repeatedly resisted proposals for joint military patrolling of the border (The agreement is reproduced in May 1979). Relations between Indonesia and Papua New Guinea have been very closely with the issues of border issues such as security and welfare, which occurred in the border region. It is also reinforced with traditional border crossing problems due to kinship, customary and cultural similarities between the two countries that do not directly affect the other aspects. So that the diplomatic relations between Indonesia and Papua New Guinea are very vulnerable, especially the security of the border between the two countries, and therefore the paper is made with themes Border Security In Indonesia And Papua New Guinea. Research Methods Based on the features of legal research, Soekanto (1986; 10) ategorizes it into three types, namely: 1) Exploratory research is conducted if knowledge about a phenomenon that will be investigated is none or still lacking; 2) Descriptive study is done to provide accurate data about people, circumstances, or other symptoms; 3) Explanatory research is research that is intended to test specific hypotheses. Viewing from the objectives, legal research is divided into two categories (Soekanto & Mamudji; 2003; 14) they are: 1) The literature research is done by researching library materials or secondary data. 2) The empirical or sociological legal research is conducted primarily by examining primary data. 93 South East Asia Journal of Contemporary Business, Economics and Law, Vol. 12, Issue 4 (April) 2017 ISSN 2289-1560 Based on the category of the types of research, this research employed descriptive design that is intended to provide a clear picture of a country's reasons to issue a travel warning to a state in the perspective of international law. The objective of the present research is normative law, of which the data were obtained through the study of documents or literature by examining library materials, such as: books, international conventions, international agreements, papers, journals, articles, newspapers as well as internet sites related to the object under study. Research is a scientific activity that is related to the analysis and construction done methodically, systematically and consistently. Methodological means in accordance with a method or a certain way, systematic is based on a system, while consistent means the absence of contradictory things within a certain framework. (Soekanto; 2012). This research is descriptive research that provides the data as accurately as possible about Border Security In Indonesia And Papua New Guinea and this research is a normative research is legal research done by researching library materials or secondary data. The data were analyzed qualitatively is this analysis want to find the truth based on the value or quality of data obtained through the process: collecting the data, the data were then grouped according to the object, the data that have been classified was then outlined and explained, and establish conclusions and ius constituendum. History of Ideas on Borders (Emmanuel Brunet-Jailly, 2000) Borders, boundaries, frontiers, and borderlands are human creations that are grounded in various ethical traditions. When Allen Buchanan and Margaret Moore compared natural and international law traditions with the Jewish, Christian, Confucian, Islamic, and Liberal ethical traditions of boundaries, although they found that the ethical traditions were somewhat ambiguous in terms of how to establish borders, including settlement, purchase, inheritance, and secession, all of conquestthese traditions agree that is