SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 43, 2007 | (Explanation in Additional State Sheet of the Republic of Indonesia No. 4708) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 18 OF THE YEAR 2007
ABOUT
AUTHORIZATION FOR APPROVAL BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM ABOUT
CONTINUOUS TAKEOFF LIMIT, 2003
(AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM CONCERNING
THE DELIMITATION OF THE CONTINENTAL SHELF BOUNDARY, 2003)
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the Indonesians as a sovereign nation and part of the international community respect and uphold the sovereignty of the territory of every independent country in accordance with the Constitution of the Republic of Indonesia in 1945;
., b. that on 26 June 2003 in Hanoi, Vietnam, had signed the Agreement between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam on the Establishing Of The Continental Shelf Boundary, 2003;
., c. that the Continuous Takeoff Boundary Agreement by the Government of Indonesia is intended to affirm the sovereignty of the Republic of the Republic of Indonesia and guarantee legal certainty against the outermost islands in the Natuna region adjacent to the country of Vietnam;
., d. that agreement between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam was made in accordance with the United Nations Convention on the Law of the Sea 1982 that gave recognition of the territory of the State of the Islands which had a meaning important to the sovereignty of the Unitary Republic of Indonesia and as the embodiment of Insights Nusantara;
., e. that under consideration as intended in the letter a, the letter b, the letter c, and the letter d, requires the passage of the Agreement between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam on the Establishing Of The Continental Shelf Boundary, 2003 (Agreement between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam Concerning the Delimitation of the Continental Shelf Boundary, 2003) with the promulg;
.,, Given: 1. Section 5 of the paragraph (1), Section 11, Section 20, and Section 25A of the Basic Law of the Republic of Indonesia in 1945;
., 2. Law No. 1 of 1973 on Continental Shelf 1973 No. 1, Additional Gazette Republic of Indonesia Number 2994);
., 3. Law No. 17 of 1985 on the Unrest of the United Nations Convention on the Law of the Sea 1982 (United Nations Convention on the Law of the Sea of 1982) (Sheet of State of the Republic of Indonesia 1985 No. 76, Additional Gazette of the State of Indonesia Republic of Indonesia No. 3319);
., 4. Act Number 6 of 1996 on Indonesian Waters (Indonesian Republic of 1996 Number 73, Additional Gazette of the Republic of Indonesia No. 3647);
. .5. Act No. 37 of the Year 1999 on Foreign Relations (State Gazette of the Republic of Indonesia in 1999 No. 156, Additional Gazette of the Republic of Indonesia Number 3882);
., 6. Law No. 24 Year 2000 on International Covenant (State of the Republic of Indonesia 2000 Number 185, Additional Gazette of the Republic of Indonesia No. 4012);
., 7. Law No. 22 of 2001 on Oil and Earth Gas (State of the Republic of Indonesia in 2001 Number 136, Additional Gazette of the Republic of Indonesia Number 4152);
., 8. Law Number 3 Year 2002 on State Defense (State Sheet Indonesia 2002 Number 3, Additional Gazette Republic of Indonesia Number 4169);
., 9. Law No. 10 Year 2004 on the Establishment of the Laws of the Republic of Indonesia (2004) No. 53, Additional Gazette of the Republic of Indonesia Number 4389);
., 10. Law No. 34 of 2004 on the Indonesian National Army (Indonesian Republic of Indonesia Year 2004 Number 127, Additional Gazette of the Republic of Indonesia No. 4439);
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
.,, SET: LEGISLATION ON RATIFICATION OF CONSENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM ON THE DESIGNATION OF THE CONTINENTAL SHELF BOUNDARY, 2003 (AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM CONCERNING THE DELIMITATION OF THE CONTINENTAL SHELF BOUNDARY, 2003).
Section 1
Ratify the Agreement between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam on the Establishing Continental Shelf Boundary, 2003
(Agreement between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam Concerning the Delimitation of the Continental Shelf Boundary, 2003), which had been signed in Hanoi, Vietnam, on 26 June 2003, whose copy of the original manuscript in Indonesian, Vietnamese, and English. as attached and it is an inseparable part of this legislation.
Section 2
This law goes into effect on the promulgated date.
In order for everyone to know it, order the invitational of this legislation with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on March 15, 2007
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on March 15, 2007
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
HAMID AWALUDIN
ADDITIONAL
STATE SHEET RI
| No. 4708 | (Explanation Of 2007 State Sheet Number 43) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 18 OF THE YEAR 2007
ABOUT
AUTHORIZATION FOR APPROVAL BETWEEN THE INDONESIAN REPUBLIC GOVERNMENT
AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM ABOUT
CONTINUOUS TAKEOFF LIMIT, 2003
(AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM CONCERNING
THE DELIMITATION OF THE CONTINENTAL SHELF BOUNDARY, 2003)
I. UMUM
., 1. The backdrop to the need for negotiations between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam on the Limits of the Continental Shelf.
.,
.,, since the short run of the island nation of the Republic of Indonesia through the Djuanda Declaration of 13 December 1957, which was later reinforced with the Act No. 4 Prp. In the 1960s about the Indonesian Waters, there was an urgent need for the concept of the island nation to be accepted by the international community. The concept of an island nation proposed by the Republic of Indonesia has finally been accepted into a principle of international law by the international community with the passage of United Nations Convention on the Law of the Sea (UNCLOS) 1982. Article 46 to Article 54 of the UNCLOS 1982 governs specifically about the principles of the state law of the archipelago. Indonesia has ratified UNCLOS 1982 with Act No. 17 of 1985 on Unrest United Nations Convention on the Law of the Sea 1982. The principle of international law on the island nation is also reaffirmed in Act Number 6 of 1996 on the Waters of Indonesia.
., along with the struggle to gain legal recognition of the concept of the island nation at multilateral level negotiations at the UN forum, since the 1960s the Government of the Republic of Indonesia has also regularly carried out boundary-fixing negotiations. maritime with neighboring countries including Australia, the Philippines, India, Malaysia, Papua New Guinea, Singapore, Thailand, and Vietnam. Maritime border settlement efforts with the neighbouring state became particularly important as the result of the boundary-fixing talks became one of the recognition forms of the neighboring countries for Indonesia as an island nation. In turn, the recognition of these neighboring countries became important at multilateral level talks because it meant broad support from the international community in the Third United Nations Naval Law Conference. lasted from 1973 to 1982.
.,, the Redemption of maritime boundaries with those neighboring countries is essentially necessary to provide legal certainty about the region, the limit of sovereignty, and the sovereign rights of the Republic of Indonesia, making it easier for law enforcement activities at sea, as well as ensuring the legal certainty of the activities of natural resources utilization. This maritime boundary arrangement also has a function as an affirmation of the ownership of the outer islands of the Republic of Indonesia because Indonesia uses the outer islands as a territorial sea boundary, exclusive economic zone, and take-off. Indonesia's Continent. The outermost islands are the leading islands within the territory of the Republic of Indonesia.
.,, the penetration of the continental shelf boundary with the Socialist Republic of Vietnam is required by the Government of the Republic of Indonesia in the framework of the interests above. The Natuna waters that are part of the South China Sea are strategic waters that are the entrances to Southeast Asia especially from Japan, the PRC, the Republic of Korea, and the Democratic People's Republic of Korea. In addition, the ocean floor of Natuna waters is a potential natural resource for hydrocarbons. There are also a number of islands outside Indonesia, which have been the basis for the establishment of basic points and the withdrawal of the base line of the Indonesian archipelago since 1960. Therefore, the establishment of maritime boundaries in the region is indispenable for both countries.
.,, the Redemption of the continental shelf boundary between the Republic of Indonesia and the Socialist Republic of Vietnam that ran from 1978 to 2003 and carried out through talks that alot had essentially given the benefits to the Republic of Indonesia of several aspects, namely:
., a., a. the extent of the boundary and the continental shelf area is clear so it guarantees legal certainty;
., b. a fair share of the continental shelf area in accordance with applicable international law;
.,, c. makes it easier for surveillance efforts and enforcement of the country ' s sovereign rights at the continental shelf;
., d. Legal recognition by the Government of Vietnam over the outer islands of the Natuna region dealing with the Socialist Republic of Vietnam; and
e. Improving relations between the two countries.
., 2. The Negotiating Process of Establishing Continental Shelf Boundary between the Republic of Indonesia and the Socialist Republic of Vietnam.
.,
.,, negotiations on the establishment of the Continental Shelf Agreement with the Government of the Socialist Republic of Vietnam began on 5 June 1978, and ended on 26 June 2003 when the Minister of Foreign Affairs of the two countries signed the Treaty of Establishing Takeoff. Contingents in Hanoi, Vietnam. The signing was witnessed by the President of the Republic of Indonesia, Megawati Soekarnoputri, and the President of the Socialist Republic of Vietnam, Tran Duc Luong. The series of talks was taken through formal rounds of negotiations (1978 -- 1991) and informal meetings on the technical level (1994 -- 2003). Informal negotiations on the technical level were intended to allow both negotiations to be conducted more openly. The efforts to resolve the completion of the continental shelf boundary between the Republic of Indonesia and the Socialist Republic of Vietnam were also carried out on various occasions meeting the level of government chiefs, ministerial levels, and technical levels. In order to facilitate negotiations, several technical discussions were conducted among the two countries 'mapping officials for the depiction of basic points for the withdrawal of both parties' maritime territorial claims.
.,, at a high level, meetings between the President of the Republic of Indonesia, Suharto, and Vice Chairman of the Council of Ministers, General Vo Nguyen Giap, 4 July 1990 in Jakarta; President of the Republic of Indonesia, Suharto, and the President of the Council of Ministers, Vo Chi Cong, 21 November 1990 in Hanoi; President of the Republic of Indonesia, Suharto, and the Chairman of the Council of Ministers, Vo Van Kiet, 27 October 1991 in Jakarta, resulted in a number of agreements to complete the negotiations as soon as possible by the mechanism of the meeting. Regular. Similarly, during the reign of the President of the Republic of Indonesia, Megawati Soekarnoputri, the commitment to immediate resolution of the settlement of the second continental shelf boundary was again affirmed by both heads of government at the time of the visit. President of the Republic of Indonesia, Megawati Soekarnoputri, to Vietnam on 22 August 2001 and the visit of the President of the Socialist Republic of Vietnam, Tran Duc Luong, to Indonesia on 10 November 2001.
.,, through a series of lengthy negotiations since 1978, although there were several times the congestion caused by differences in view of technical issues and delimitation methods, the Government of the Republic of Indonesia and the Government of the Socialist Republic Vietnam at an informal meeting of 10 -- 13 March 2003 successfully agreed on the boundary line of the two countries ' continental shelf (line 20-H-H1-A4-X1-25) to be submitted to the respective governments in order to obtain its acceptance decision.
., 3. The Points of Approval between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam on the Establishing Of The Continental Shelf Boundary.
.,, Article 1 of the Agreement between the Government of the Republic of Indonesia and the Government of the Socialist Republic of Vietnam on the Establishing Continental Shelf Boundary regulates the coordinates and lines that link it as the continental shelf boundary of the two countries. The points of coordinates are calculated by using the "World Geodetic System 1984 Datum" (WGS84) and the straight lines connecting each coordinate point are a geodetic line. In the meantime, the map used in the agreement of the two countries is set on a third-party map which is impartial and is commonly used internationally, namely, British Admiralty Chart Number 3482, a 1:1.500,000 scale published in 1997.
Article 1 also governs the need for establishing the actual location of the points of coordinates by the technical agencies of the two countries in authority. For the Republic of Indonesia, the technical agency is referred to as the Indonesian National Army Oceanographic Service (TNI) Navy.
Article 2 states that the designation of the continental shelf limit will not affect the setting the limits of the exclusive economic zone of the two countries to be established in the coming days.
Article 3 and Section 4 govern the need for cooperation between the two countries in the form of coordination of any policy concerning international law concerning the protection of the language environment and the exploitation and division of the fair profit of exploration. the basic natural resources of the sea crossing the boundary line of the two countries.
Article 5 governs the peaceful solution through deliberations or negotiations in the event of disputes arising from the interpretation or implementation of the consent of the two countries.
Article 6 governs that consent needs to be ratified by the respective countries. The charter of the ratification will then be exchanged, and the exchange date of the ratification of ratification is stated as the effective date of the approval.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
Attachment (Script) ...
