sign in sign up
<<
Home , Indonesia, Singapore

GOVERNMENT REGULATIONS

THE ENDORSEMENT OF TREATY BETWEEN THE OF AND THE REPUBLIC OF RELATING TO THE DELIMINATION OF THE TERRITORIAL SEAS OF THE TWO IN THE WESTERN PART OF THE STRAIT OF SINGAPORE, 2009 (law No. 4/2010 dated 22, 2010)

BY THE GRACE OF ALMIGHTY GOn d. r hat the Traatv ralatinq to the Delimitation of the

THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Territorial Sea of the Two Countries in the West-

em Pctrl ul the Strait or Singapore by the Govern-

Considering: ment of the Republic of Indonesia is meant to af­

a. that the Unitary of the Republic of lndone- firm the sovereign of the of

sia as a maritime state with national character- the Republic of Indonesia, ensure legal certainty,

istics has sovereignty over its territory including activities of state apparatuses at sea, as well as

territorial sea, to be managed and used for the to better affirm Nipa as an island which has

greatest benefit of the welfare and prosperity for a base point used as the basis to determine the

the Indonesian people as mandated by the 1945 maritime of the Republic of Indonesia;

Constitution; e. that the treaty between the Republic of Indonesia

b. that pursuant to the Convention and the Republic of Singapore is made p ur s uarit

on the Law of the Sea, 1982 ratified by Indonesia to the United Nations Convention on the Law of

through Law No. 17/1985 and pursuant to Law the Sea, 1982 which recognizes the territory of

No. 6/1996 on Indonesian , Indonesia has Maritime State which has significant meaning for

the obligation to determine its maritime borders the sovereignty of the Unitary State of the Re­

through negotiations; public of Indonesia and serves as a manifestation

c. that on March 10,2009, Indonesia signed a Trea­ of National Outlook;

ty between the Republic of Indonesia and the Re­ f. that based on considerations as referred to in let-

public of Singapore relating to the Delimitation ter a, letter b, letter c, letter d. and letter e, it is

of the Territorrel Sell of the Two Countries in the nece ssery to enact e law on the endorsement of

Western Part of the Strait of Singapore, 2009 in the Treaty between the Republic of Indonesia and

Jakarta; the Republic of Singapore relating to the Deurruta-

38 GOVERNMENT REGULATIONS

2 (-South Ledge/Middle Rock/ been registered with the Secretary General

Pedra Branca). of the United Nations pursuant to the United

The delimitation of territorial seas in the Nations Convention on the Law of the Sea, western part of the Strait of Singapore with 1982). the Republic of Singapore is needed by the The delimitation of territorial seas in the

Government of the Republic of Indonesia to wp.stp.rn part of thp. Strait of Singapore be­ give legal certainty about the sovereign ter­ tween the Republic of Indonesia and the Re­ ritory of the Unitar v State uf the Republic of public of Singapore has basically benefited

Indonesia. In relation to the interests of Indo­ the Republic of Indonesia in various aspects, nesia in the , the Strait of Singapore has namely: very high strategi c value considering that the a. the existence of clear territorial sea strait serves as a quite busy international sea boundary lines so that they ensure legal lane which connects the European certainty; to Southeast , East Asia and the Pacific. b. facilitating the effort to supervise and up­

For Indonesia, the Strait of Singapore also hold state sovereignty in territorial seas; serves as the artery of the Indonesian ship­ c. facilitating the effort made by Indonesia ping lane to the rest of the . as a littoral state to ensure the safety

In addition, the delimitation of territorial seas of navigation lane in the Strait of ­ of this area also confirms the use of base pore; and points in Nipa Island as the basis for the de­ d. increasing good relations between the limitation of maritime boundary lines of the two countries.

Republic of Indonesia. Nipa Island which is lo­ 2. The process of negotiating on the delimita­ cated at a coo rdinate of 01 009' 13" Northern tion of Territorial Seas in the Western Part of

Latitude and 103039' 11" Eastern Longitude, the Strait of Singapore between the Republic is one of the which have two base of Indonesia and the Republic of Singapore. points of base line of the Indonesian islands Negotiations on the delimitation of territorial

(No. 175 and No. 176) under Government seas in the western part of the Strait of Sin­

Regulation No. 38/2002 as already revised gapore with the nepublic of Singapore were by Government Regulation No. 37/2008. started on 28, 2005, and ended on

Government Requlation No. 37/2008 has March 10, 2009 when the foreign ministers

Business News 8'!5C_,'95-2C~i 41 of the two countries signed a Treaty in Ja­ ing each coordinate line: 1(l U10'46.0"North­

karta between the Republic of Indonesia and ern Latitude, 103°40'14.6" Eastern l.onqitudel:

the Republic of Singapore relating to the 1A( 1 ° 11'17A" Northern Latitude, 103 039'38.5"

Delimitation of Territorial Seas of the Two Eastern Longitude]; 1B( 1 ° 11 '55.5"Northern

Countries in the Western Part of the Strait Latitude, 103°34'20A"Eastern Longi-

of Singapore. tude); and 1C(1°11'43.8"Northern Latitude,

During the process of negotiations, Indonesia 103°34'00.0"Eastern Longitude) as depicted in

has bClsed its rnsition on the Uniteri Attachrnerrt "A" to t his Trnatv.

Nations Convention on the Law of the Sea, Article 1 also stipulates that the delimitation

1952, rejec ted Ltl~ u:>~ uf reclamation r~­ o I ac t ual locatiurrs of LIi~ cuor d.ncte points ubuve

suits as the basis for delimitation, and used will be decided through a method to be jointly

the reference of original map of 1973 and approved by the authorized officials of the two

base points of Indonesia in Nipa Island and countries. Pursuant to the regulation prevailing

the base line of the Indonesian islands drawn in Indonesia are the National Survey and Mapping

from Nipa Island to Karimun Kecil Island. Coordinating Board and the Hydro-Oceanographic

3. The main points of the content of Treaty be­ Unit of the Indonesian Naval Force.

tween the Republic of Indonesia and the Re­ Article 2 states that the boundary lines of the

public of Singapore relating to the Delimita- Treaty between the Republic of Indonesia and the

tion of Territorial Seas of the Two Countries Republic of Singapore relating to the Dalimitc­

in the Western Part of the Strait of Singa­ tion of Territorial Seas of the Two Countries in

pore. the Strait of Singapore signed on May 25, 1973

Article 1 of the Treaty between the Republ ic and the territorial sea boundary lines in the west­

of Indonesia and the Republic of Singapore relat­ ern segment of the Strait of Singapore signed on

ing to the Delimitation of Territorial Seas of the March 10, 2009 are drawn in Attachment "8" to

Two Countries in the Western Part of the Strait this Treaty.

of Singapore governs coordinate points and lines Article 3 stipulates the method of peaceful

linking them as the borderline of the territorial settlement through discussions or neqotiations

seas of the two countries. The coordinate points in case of dispute arising from the intp-rrrf'tRtinn

are calculated using the World Geodetic System or implementation of the treaty between the two

198'1 Datum (WGS84\ end streight lines link- countries.

42 Article 4 and Article 5 stipulate that each Article 2

needs to ratify the treaty. The ratification Sufficiently clear.

charter will later be exchanged and the exchange

date of ratification charter is declared as the date

when the treaty begins to take effect. SUPPLEMENT TO STATUTE BOOK OF

THE REPUBLIC OF INDONESIA NO. 5138

II. ARTICLE BY ARTICLE

Article 1

Sufficiently clear. (8)

Business News 8150/9-5-2011 43