SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 177, 2008 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 4925) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 43 YEAR 2008
ABOUT
COUNTRY TERRITORY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the Unitary State of the Republic of Indonesia as an island nation characterized as having sovereignty over its territory and having sovereign rights outside of its sovereign territory and certain other authority to be managed and exploited. Its greatest extent to the welfare and prosperity of the people of Indonesia as mandated in the Constitution of the Republic of Indonesia in 1945;
., b. that arrangements regarding the region of the country include the land region, the inland waters, the territorial waters and the territorial waters and the seabed, and the ground beneath it, as well as the air chambers above, including all the resources contained in the country. It is
., c. that the setting of the country 's territory as referred to in the letter b is done to provide legal certainty and clarity to the citizens regarding the country' s territory;
., d. that based on the consideration as referred to in the letter a, the letter b, and the letter c, need to form an Act on the Territory of the State;
.,, Given: Article 20, Article 21, and Article 25A of the Constitution of the Republic of Indonesia of Indonesia Year 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish: LEGISLATION ON THE COUNTRY REGION.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. The State of the Union of the Republic of Indonesia, which is subsequently referred to as the State Region is one of the country's elements which is one entity of the land region, inland waters, territorial waters and territorial waters along with the sea floor and the sea. the ground beneath it, as well as the air space above it, including the entire source of wealth contained within it.
., 2. Territorial waters are inland waters, territorial waters, and territorial waters.
., 3. Jurisdiction Territory is an area outside of the Territory of the Country consisting of the Exclusive Economic Zone, the Continental Shelf, and the Additional Zone in which the country has other sovereign rights and certain authority as set out in the rules of the United States. laws and international law.
., 4. The boundary of the State Territory is the boundary line which is the sovereign divide of a country that is based on international law.
. .5. The Jurisdiction of the Territory is a boundary line that is a separation of certain sovereign rights and powers that are owned by a country based on the provisions of international law and law.
., 6. The Border Region is part of the State Territory which is located on the inner side of Indonesia's borders with other countries, in terms of the boundary of the Territory of the Country on land, the Border Region is in the district.
., 7. The Indonesian Additional Zone is a zone that is not more than 24 (twenty-four) nautical miles measured from the base of the base from which the territorial sea width is measured.
., 8. Indonesia ' s Exclusive Economic Zone is an area outside and side by side with Indonesian territorial seas as referred to in the Act governing the waters of Indonesia with an outer limit of 200 (two hundred) nautical miles of the line The base of the territorial sea width is measured.
., 9. The Continental Shelf of Indonesia is the base of the sea and the ground below it from the area below sea level located outside the territorial sea, along the natural continuation of the mainland to the outer edge of the continuous edge, or up to a distance. 200 (two hundred) nautical miles from the base of the base from which the width of the territorial sea is measured, in terms of the outer edges of the continuous edge not reaching that distance, to the most far 350 (three hundred fifty) nautical miles up to a distance of 100 (a hundred) nautical miles from a depth line of 2,500 (two thousand five hundred) meters.
., 10. An International Agreement is an agreement in a particular form and name governed in an international law made in writing and giving rise to the rights and obligations in the field of public law.
., 11. The governing body is the body that is authorized by this Act in the area of management of the Limits of the Country and the Border Area.
., 12. The Central Government, later called the Government is the President of the Republic of Indonesia which holds the power of government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
., 13. The Regional Government is the Governor, the Regent, or the Mayor, and the area's device as an organizer of the local government.
BAB II
ASAS AND THE PURPOSE
Section 2
The State Area settings are executed based on asas:
a. sovereignty;
B. nationality;
C. View of the intercession;
D. justice;
e. security;
f. order and legal certainty;
G. equal work;
h. benefit; and
i. The plugin.
Section 3
State Region setting aims:
., a., a. ensuring the integrity of the State, sovereignty of the country, and order in the Frontier Area for the benefit of the welfare of all nations;
B. enforcing sovereignty and sovereign rights; and
., c. governs the management and utilization of the State and Border Regions, including the oversight of its limits.
BAB III
THE SCOPE OF THE COUNTRY AREA
The Kesatu section
Common
Section 4
The territory of the State covers the land area, the territorial waters, the seabed, and the ground beneath it as well as the air space above it, including the entire source of wealth contained therein.
The Second Part
The Region limit
Section 5
The boundaries of the State Territory on the ground, the waters, the seabed and the ground below as well as the airspace above are set on the basis of bilateral and/or trilateral agreements on land limits, maritime boundaries, and air limits as well as by regulations. laws and international law.
Section 6
(1) The extent of the State Territory as referred to in Article 5, including:
.,
., a., a. on the land border with the State Territory: Malaysia, Papua New Guinea, and East Timor;
., b. in the seas are border with Country Territory: Malaysia, Papua New Guinea, Singapore, and East Timor; and
., c. in the air follows the limits of state sovereignty on land and in the sea, and its limits with the o State of the State of the Union provides a greater benefit to the improvement of the welfare of the people living in the Border Area. A security approach in the sense of the management of the State Region to ensure the integrity of the territory and sovereignty of the country and the protection of all Whereas the environmental sustainability approach is in the sense of the development of a Border Area that is concerned with the sustainability aspects of the environment that are a form of sustainable development.
.,, the Role of Government and Local Government is becoming very important related to the implementation of government functions in accordance with the principle of regional autonomy in managing the construction of the Border Area.
.,, the laws related to the State Region have been set up in various laws, among others:
., a., a. Act Number 2 of the Year 1971 on the Agreement between the Republic of Indonesia and Malaysia on the Redemption of the Second Region Sea Boundary Line in the Straits of Malacca;
B. Act Number 1 of 1973 on the Continental Shelf of Indonesia;
., c. Act Number 6 of 1973 on the Agreement Between Indonesia and Australia Regarding the Certain Boundary Lines Between Indonesia and Papua New Guinea;
., d. Law No. 7 of 1973 on the Agreement between the Republic of Indonesia and the Republic of Singapore regarding the maritime boundary line of the Second Territory of the Singapore Strait;
e. Act No. 5 Year 1983 on Indonesia ' s Exclusive Economic Zone;
., f. Law No. 17 of 1985 on the Unrest of United Nations Convention on the Law of the Sea (United Nations Convention on the Law of the Sea);
G. Act No. 6 of 1996 on the Waters of Indonesia;
., h. Law Number 18 Of 2007 On The Unrest Of Approval Between The Government Of The Indonesian Republic And The Government Of The Socialist Republic Of Vietnam On The Designation Of The Continental Shelf Boundary Of 2003;
., i. The decision of President Number 89 of 1969 on the Agreement between the Government of the Republic of Indonesia and the Government of Malaysia on the Establishing Of The Continental Shelf Boundary Line Between The Two Countries;
., j. The decision of the President No. 42 of 1971 on the Agreement between the Government of the Republic of Indonesia and the Government of the Commonwealth of Australia on the Designation Of Certain Seafarers;
., k. The decision of the President No. 20 of 1972 on the Agreement between the Government of the Republic of Indonesia, the Government of Malaysia and the Government of the Kingdom of Thailand on the Determination Of The Continental Shelf Boundary Line in the Northern Part of the Strait of Malacca;
., l. The decision of President Number 21 of 1972 on the Agreement between the Government of the Republic of Indonesia and the Government of the Kingdom of Thailand on the Establishing Of A Continental Shelf Boundary Line in the Northern Part of the Strait of Malacca and the Andaman Sea;
., m. The Decision of the President No. 66 of 1972 on the Joint Agreement Between the Government of the Republic of Indonesia and the Government of the Commonwealth of Australia on the Redemption of the Basic Boundary Line in the Timor Sea and Arafura Sea Areas;
., n. Decision of the President Number 51 of 1974 on the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of India on the Establishing Of The Continental Shelf Boundary Between The Two Countries;
., o. The Presidential Decree No. 1 of 1977 on the Agreement between the Government of the Republic of Indonesia and the Government of the Kingdom of Thailand on the Penetration Of The Basic Boundary Line Between The Two Countries of the Andaman Sea;
., p. Decision of the President No. 26 of 1977 on the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of India on the Line of Continental Shelf of 1974 Between the Two Countries in the Andaman Sea and the Indian Ocean;
., q. Presidential Decree No. 24 of 1978 on the Joint Agreement Between the Government of the Republic of Indonesia and the Government of the Republic of India, and the Government of the Kingdom of Thailand on the Point of Meeting of the Three Boundary Lines and the Redemption of the Third Limit Country in the Andaman Sea; and
., r. The Presidential Decree No. 21 of 1982 on the Agreement between the Government of the Republic of Indonesia and the Government of Papua New Guinea on the Maritime Boundary Between the Government of Indonesia and Papua New Guinea and the Cooperation of Matters Concerned As The results of the negotiations between the government delegation and the Papua New Guinea Government Delegation.
.,, given the Border Area is a strategic area in keeping the country ' s territorial integrity then necessary arrangements in its own right in the Act.
.,, the State Area boundary arrangement is intended to provide legal certainty about the State Territory, the management authority of the State Territory, and sovereign rights.
The subject matter is governed by this law:
., 1. The scope of the State Area which includes the land area, inland territorial waters, territorial waters, territorial seas, the seabed, and the ground beneath it, as well as the air space above it includes all the resources of the wealth contained therein.
., 2. The sovereign rights of the Republic of Indonesia in the Exclusive Economic Zone and the Continental Shelf as well as the supervision rights in the Additional Zone.
., 3. The Government's authority conducts the management and utilization of the country and the Border Area.
., 4. The institution is authorized to conduct the handling of the Border Area. This element of institutional membership comes from the elements of Government and the Local Government considering the strategic position of the border region related in terms such as state sovereignty, territorial integrity, law enforcement and the welfare of the people.
. .5. The participation of the public in maintaining and maintaining the State Territory includes the Border Area.
., 6. Prohibition and sanctions for any person committing abuses related to the State Territory and its limits.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, the letter a
., in question, the "principle of sovereignty" is the management of the State of the State must pay heed to the sovereignty of the State Territory in order to keep the Republic of the Republic of Indonesia's territorial integrity.
Letter b
., referred to as the "asas of nationality" is the management of the State Territory must reflect the pluralistic nature and character of the Indonesian nation by keeping the principle of the State of the Republic of Indonesia.
Letter c
., referred to as the "queuing principle" is the management of the State Region must pay attention to the interests of the entire Indonesian State.
Letter d
.,, which is "asas justice" is the management of the St
.,, the State of Interest to co-regulate the management and utilization in the free sea and international seabed in accordance with international law.
.,, the warming of free seas and at the bottom of the sea includes the management of natural wealth, the protection of marine environment and the safety of navigation.
.,, the management of the State Territory is done with the approach of well-being, security and environmental sustainability together. A welfare approach in the sense of the management efforts of the Territory of the ate Territory must reflect the proportionate fairness of every citizen without exception.
Letter e
., referred to as "security principle" is a dynamic state of society as one of the preconditions of the establishment of a national development process in order to win the national goal.
Letter f
.,, in question, the "principle of order and legal certainty" is the management of the Territory of the State must ensure the creation of order and legal certainty.
The letter g
., referred to as "cooperation principle" is the management of the State Territory must be done through cooperation from a variety of stakeholders.
Letter h
., in question, the "benefit of expediency" is the management of the Territory of the State must provide a greater benefit to the entire Indonesian people.
Letter i
., referred to as the "asas of the fainting" is the management of the Territory of the State must be paddling the interests of all citizens in particular the community in the Frontier Area.
Section 3
.,, pretty clear.
Section 4
.,, pretty clear.
Section 5
.,, pretty clear.
Section 6
.,, Verse (1)
.,, the letter a
.,, the Limits of the State Territory on land in these provisions is the confines agreed by the Government of the Dutch East Indies and the British Government in Borneo and Papua, and the Portuguese Government on Timor Island which is next to Indonesia. based on the principle of uti possidetis juris in effect in international law. Under that principle, an independent state inherits the territory of its former home country.
The land boundary between Indonesia and Malaysia was established on the basis of the Dutch and English Indies Convention of 1891, 1915, and 1928.
The land boundary between Indonesia and East Timor is established on the basis of the Convention on the Boundary of the Netherlands East Indies and Portugal in 1904 and the decision of the Permanent Court of Arbitration (PCA) 1914.
The land boundary between Indonesia and Papua New Guinea is established on the basis of the Treaty of the Dutch East Indies and the United Kingdom of 1895.
Letter b
.,, these Terms are intended only for the sea boundaries of the region (territorial water).
Letter c
.,, Pretty Clear
Verse (2)
.,, Pretty Clear
Verse (3)
.,, the State Border Redemption is conducted through bilateral and/or trilateral agreements if there are two or three countries that claim recognition of the same region or the possibility of overlap of recognition of the territory. same.
The establishment of the State Border is performed unilaterally when there is no recognition of the same region or the possibility of overlapping confessations of the same region.
Article 7
., which is meant by "other rights" such as search and mastery of treasure and marine research.
Article 8
.,, Verse (1)
.,, these provisions are intended for the boundaries of sovereign rights or Jurisdiction Jurisdiction in the Additional Zone, Exclusive Economic Zone, and Continuous Takeoff.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 9
.,, pretty clear.
Article 10
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, Development and the creation of the country ' s territorial boundary signs are carried out in accordance with the agreement with the bordering country.
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
The letter g
.,, pretty clear
Letter h
.,, pretty clear
Letter i
.,, pretty clear
The letter j
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 11
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, referred to by these provisions is the construction of a Border Area that is cross-county or cross-province and/or involves private investment.
Letter d
.,, pretty clear
Verse (2)
.,, pretty clear
Article 12
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, which is meant by "keeping and maintaining the boundary sign" does not include reconstructions or moving the boundary signs.
Letter c
.,, pretty clear
Letter d
.,, referred to by these provisions is the construction of a Border Area cross-county or cross-province area and/or involve private investment.
Verse (2)
.,, pretty clear
Article 13
.,, pretty clear.
Section 14
.,, Verse (1)
.,, the Governing Body at an area level is only formed in provincial, county/city areas that have an interstate Border Area.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 15
.,, pretty clear.
Section 16
.,, pretty clear.
Section 17
.,, pretty clear.
Article 18
.,, pretty clear.
Section 19
.,, pretty clear.
Section 20
.,, pretty clear.
Section 21
.,, pretty clear.
Article 22
.,, pretty clear.
Section 23
.,, pretty clear.
Section 24
.,, pretty clear.
Section 25
.,, pretty clear.
Article 26
.,, pretty clear.
