ADDITIONAL
STATE SHEET RI
| No. 3319 | (Explanation For 1985 State Sheet Number 76) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 17 YEAR 1985
ABOUT
ENACTMENT UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
(UNITED NATIONS CONVENTION ON SEA LAW)
I. UMUM
The United Nations Convention on the Law of the Sea, the United Nations Convention on the United Nations Convention on the United Nations Convention on the United Nations Convention on the United Nations Convention on the United Nations Convention on the United Nations Convention on the United Nations Convention on the United Nations Convention on the United Nations Nations of the Law of the Sea) signed by 117 (a hundred seventeen) participating countries including Indonesia and two non-state units in Montego Bay, Jamaica, on 10 December 1982.
., compared to the 1958 Geneva Conventions on the Law of the Sea, the United Nations Convention on the Law of the Sea governs the complete and complete law of the sea, which reunions with each other cannot be Separated.
.,, Reviewed from its contents, the United Nations Convention on the Law of the Sea:
., a., a. It is partly a codification of existing marine law provisions, such as freedom in the Free Sea and a peaceful cross in the Territorial Sea;
., b. Part of the development of existing marine laws, such as the provision of the Territorial Sea's width to a maximum of 12 nautical miles and the criteria of the Continental Shelf.
.,
.,, According to the 1958 Geneva Convention on the Law of the Sea the criteria for determining the width of the continental shelf is a water depth of two hundred meters or the criteria of the ability of exploitation. It is now essentially the natural continuity criteria of the land of something the State to the outer edge of its land territory (Natural prolongation of its land territory to the outer edge of the continental margin) or the distance criterion 200 nautical miles (200 nautical miles), calculated. from the base line to measure the Territorial Sea width if the outer edges of the continental edge do not reach the distance of 200 nautical miles;
., c. Some give birth to new law-rejim, such as Islands State asas, Exclusive Economic Zone and mining on the International Basic Sea.
., for the Nation and the State of the Republic of Indonesia, the Convention has a significant meaning because for the first time the Islands State principle that for twenty-five years has been continuously championed by Indonesia, has been successfully acquired. Official recognition of international society. The official recognition of the State asas is important in order to realize the unity of the region in accordance with the Declaration of Djuanda 13 December 1957, and the Nusantara Insights as well as in the Deliberations Of The Consultation of the Consultative Assembly The people of the Great Lines of the Country, which are the basis for the Indonesian archipelago as a single political, economic, social cultural and defense security force.
., referred to as the "Islands State" according to the Convention is a country entirely composed of one or more clusters of islands and can include other islands.
.,, the Convention determines also that the cluster of islands means a cluster of islands including parts of the island, the waters between the clusters of these islands and other natural forms that are related to each other so that they are so. The clusters of islands, water and other natural forms are either a true geographical and political entity, or have historically been regarded as a single entity.
.,, the State of the Islands can draw a basic line/base of islands that link the outer points of the islands and the outer dry reef of the islands, provided that:
., a., a. within the base/base line include the main islands and an area where the comparison between water and land areas, including atolls, is between one to one (1: 1) and nine to one (9: 1);
., b. The base length of the base can not exceed 100 nautical miles, except that up to 3% of the total base line/base surrounding each archipelago can exceed that extension, up to a maximum of 125 miles (125 mi). sea;
.,, c. the withdrawal of the base line/base may not deviate from the general configuration of the Islands State.
.,, the State of the Islands is obliged to establish the basic lines/base of the islands on a map with a sufficient scale to establish its position. Maps or lists of geographical coordinates must be announced as should be and one copy of each map or such list must be deposited on the Secretary-General of the United Nations.
., with the acquisition of the island nation, then the waters that were part of the Sea are now part of the "island waters" which means to be the territorial waters of the Republic of Indonesia.
.,, in addition to the provisions as intended in advance, the terms that are important to the international recognition of the Islands State asas are the provisions as described below.
.,, in the "island waters" of the right of innocent passage for the ships of other countries. Nevertheless, the Island State may suspend for a time of interchange rights time on certain parts of the "waters of its islands" if it is necessary to protect its security interests.
.,, the State of the Islands can establish the archipelago ' s ocean grooves and flight routes over the seabed.
.,, foreign ships and foreign aircraft enjoy sea-flow rights of the islands through the sea-flow and the route of such flights to transit from a passage of the Sea Off or the Exclusive Economic Zone to other parts of the Offshore Sea or Economic Zone Exclusive. The sea plot of the archipelago and the route of the flight are set by drawing the shaft line.
.,, ships and foreign aircrafts that do cross transit via the ocean groove and the route of the flight should not sail or fly beyond the 25 nautical miles of the left side and the right side of the shaft line.
., even though foreign ships and aircrafts enjoy the maritime rights of the islands through the sea and the route of the flight, however this is in other fields rather than shipping and flight should not reduce the sovereignty of the Upper Islands Nation water as well as the air space on it, the bottom of the sea and the ground beneath it and the source of wealth in it.
., thus the maritime rights of the islands via the route of flight arranged in the Convention are only to include cross-flight rights through the air above the sea plot without affecting the country's sovereignty to set the flight above. Its territory corresponds to the 1944 Chicago Convention on Civil Aviation or the sovereignty of the island states over other airspace over Indonesian waters.
., pursuant to the provisions of the Convention, in addition to respect to existing international agreements, the State of the Islands is obliged to respect the traditional rights of fishing and other legitimate activities of the countries. neighbours directly side by side, as well as the sea cables that have existed in certain parts of the island waters that were once the Free Sea. Such traditional rights and other activities may not be transferred to or shared with the third country or its citizens.
.,, the United Nations Convention on the Law of the Sea governs the following legal rejim as follows:
1. Territorial Sea and Additional Zone:
.,
., a., a. The United Nations Convention on the Territory of the United Nations on the First Sea Law (1958) and the second (1960) in Geneva could not solve the issue of the Territorial Sea because at that time the practice of the state showed diversity in the United States. Territorial Sea wide issue, which is from 3 nautical miles to 200 nautical miles.
.,
.,, United Nations Conperation of the Third Sea Law ultimately managed to determine the maximum Territorial Sea width of 12 nautical miles as part of the overall rejim-rejim marine law package, in particular:
.,, 1) Exclusive Economic zone whose width does not exceed 200 nautical miles is calculated from the baseline/base of where the Territory of the Territorial Sea is measured where the freedom of cruise is valid;
.,
.,, 3) state access rights without the coast to and from the sea and the transit of transit;
.,, 4) remains the respect of peaceful maritime rights through the Territorial Sea.
.,, the Territorial Rejim of the Territory contains provisions as follows:
.,
.,, 1) The coast nation has full sovereignty over the Territorial Sea, the air space above it, the bottom of the sea and the ground beneath it as well as the natural wealth contained therein.
.,, 2) In the Territorial Sea it applies peaceful maritime rights to foreign water vehicles.
.,
.,, foreign water vehicles that host peaceful seas in the Territory Sea may not carry out any threat or use of violence against sovereignty, territorial integrity or political independence of the coastal country as well as not being able to do survey or research activities, disrupt communication systems, conduct pollution and conduct other activities that are no direct connection to peaceful sea traffic.
.,, such peaceful sea voyage must be carried out continuously, directly and immediately, while stopping and removing anchors can only be done for normal navigation or force majeure. or in a state of danger or for the purpose of providing assistance to people, ships or aircrafts that are in a state of danger.
.,, 3) The coastal countries are entitled to make regulations on peaceful maritime traffic dealing with the safety of seafarers and cross-sea settings, protection of aid tools as well as navigation facilities, cable protection and undersea pipelines, conservation natural natural wealth, prevention of violations of fisheries regulations, environmental preservation and prevention, reduction and control of pollution, marine scientific research and hydrographic survey and prevention of customs regulatory violations excise, fiscal, immigration and health.
., b. Additional zones If in the 1958 Geneva Convention the width of the additional Zone on the width of the Territorial Sea was measured, then the UN Convention on the Law of the Sea of 1982 now determines that, by assuming the width of the Territorial Sea a maximum of 12 nautical miles, the width of the Additional Zone is a maximum of 24 nautical miles measured from the Territorial sea bottom line.
.,, In the Additional Zone the coastal country can carry out the necessary oversight and control, for:
.,
., 1) prevents violations of its legislation in customs, fiscal, immigration and health applicable in the land area and the coastal country Territorial Sea;
.,, 2). cracking down on violations of those laws committed in the land and coastal areas of the country ' s coastal states.
., 2. The strait used for the international voyage of the maximum Territory of the Territorial Sea a maximum of 12 nautical miles carries the result that the waters in the Strait that were originally part of the Offshore Sea were transformed into a part of the Territorial Sea of the strait states. The one that surrounds it.
.,
.,, in relation to that, remaining the spell of the Straits function as an international shipping lane is a condition for the acceptance of the maximum Territorial Sea designation of 12 nautical miles. Therefore, by not reducing the exercise of sovereignty and jurisdiction of the coastal countries in other fields than cross-air and air traffic, foreign air vehicles and foreign air aircraft have cross-sea rights through a strait. used for international shipping.
.,, the Straits Countries, with regard to the provisions of the Convention, may make laws concerning cross-sea transit through the strait that are talkless with:
a. Cruise safety and cross-sea settings;
B. prevention, reduction and pollution control;
.,, c. prevention of fishing, including storage of fish capture tools in palka;
., d. contains or unloading commodities, currencies or people, contrary to customs, fiscal, immigration and health laws.
3. Exclusive Economic Zone In Exclusive Economic Zone, the coastal country has:
.,
., a., a. Sovereign rights for the purpose of exploitation, exploitation, management and conservation of the source of natural and non-biological natural wealth in the water room and other activities for exploitation and exploitation of the zone's economy such as the resurrection of the country. power from water, current and wind;
., b. jurisdiction related to the manufacture and use of artificial islands, installations and other buildings, scientific research and protection as well as the preservation of the marine environment;
.,, c. the obligation to respect the freedom of international shipping and aviation, the installation of a cable or undersea pipe according to the principles of international law applicable in the Exclusive Economic Zone;
., d. obligation to provide opportunities primarily to uncoast country or country that is geographically unlucky to participate in taking advantage of the allowed number of fish catches.
.,, an Exclusive Economic Zone Problem whose width does not exceed 200 nautical miles is closely related to the Territory of the Territorial Sea breadth of up to 12 nautical miles, because:
., a., a. Some coastal countries, which are a Territorial Sea 200 nautical mile wide, can only receive a maximum Territorial Sea designation of 12 nautical miles with an Exclusive Economic Zone rejim which is not over 200 nautical miles.
B. on the other hand:
.,
.,, 1) countries without beaches and geographically unlucky countries can receive a maximum Territorial Sea designation of 12 nautical miles and an Exclusive Economic Zone whose width does not exceed 200 nautical miles provided with the provisions that they have a chance to take part in the surplus from the number of catches allowed.
.,, 2) they have the transit rights to and from the sea through the coastal country/transit country.
., c. New maritime countries can accept the rejim of the Exclusive Economic Zone if the coastal country remains respectful of palayaran/flight freedom through the Exclusive Economic Zone.
., 4. The Continental Shelf is distinct from the 1958 Geneva Convention on the Continental Shelf which sets the width of the Continental Shelf based on the depth criteria or criteria of the exploitation capability, then the 1982 Convention deepened it on various criteria:
.,
., a., a. distance up to 200 nautical miles if the outer edge of the continent does not reach the distance of 200 nautical miles;
., b. The natural continuity of land under the sea to the outer edge of the continent. It must not exceed the 350 nautical miles measured from the base of the Territorial Sea if beyond 200 nautical miles is still the area of the sea that is the continuation of the sea. natural from the mainland region and if it meets the sedimentation depth criteria set out in the convention; or
.,, c. should not exceed l00 nautical miles from the depth line (isobath) 2500 meters.
.,, the natural continuity criteria of the land area under the sea to the outer banks of the continent defined in this Convention can ultimately be accepted countries are not coastal countries, especially those countries without the beaches or countries that are The geographical disadvantageable after the Convention also determined that the coastal state had an obligation to provide payments or contributions in natura concerned with the exploitation of the non-biological resource Takeoff of the Continent beyond 200 nautical miles. Such payment or contribution must be made by the International Basic General Otorita which will share it to the participating countries of the Convention based on fair share criteria with regard to the interests and needs of the countries. evolving, in particular the countries whose development is still the lowest and the countries without shore.
.,, once the Continental Shelf was originally included in the Exclusive Economic Zone rejim, however, in this Convention the Continental Shelf is set in its own Chapter. This is related to the acceptance of the natural continuity criteria of the mainland to the outer edge of the edge, which allows the width of the Continental Shelf to exceed the width of the Exclusive Economic Zone.
. .5. The Loose Seas in contrast to the 1958 Geneva Convention on the Free Sea that sets the Sea off from the outer boundary of the Territorial Sea, the Convention stipulats that the Sea does not cover the Exclusive Economic Zone, the territorial sea of inland waters. And the islands waters.
.,
., except those differences above, in essence there is no difference between the 1958 Geneva Convention on the Free Sea and the United Nations Convention on the Law of the Sea on the rights and freedom-freedom in the Free Sea.
.,, these freedoms must be exercised by every country by heeding the rights of other nations in exercising freedom in the Free Sea. In addition to regulating the rights of freedom-freedom in the Free Sea, the Convention also regulates the conservation and management issues of biodiversity in the Free Sea that were previously governed by the 1958 Geneva Convention on Fisheries and the conservation of sources. Biowealth in the Lost Sea.
., 6. Rejim Island Rejim Island is set in its own Chapter in this Convention which is linked to the issue of the Territorial Sea, Exclusive Economic Zone and the Continental Shelf.
.,
.,, the Convention determines that the island/coral has the Territorial Sea, the Exclusive Economic Zone and the Continental Shelf provided that the island/coral cannot support the human habitat or its own economic life, does not have a Zone. An Exclusive Economy or Continental Shelf is only entitled to a Territorial Sea only.
., 7. The closed Sea Rejim is a closed/half-covered Territorial Sea wide-capacity maximum of 12 nautical miles and an Exclusive Economic Zone whose width does not exceed 200 miles measured from the Territorial Sea base line, resulting in the waters of the enclosed Sea/half-way The formerly closed Sea became the Territory Sea or the Exclusive Economic Zone of the countries around or bordering the closed/half-closed seas. The closed/half-closed sea rejim is set in one own Chapter in the Convention.
.,
.,, the Convention is advocating among others that countries bordering the closed/half-closed Seas hold cooperation regarding the management, conservation of natural resources and protection and preservation of the marine environment. That.
., 8. The rejim of state access is not coast to and from the sea as well as the freedom of transit if in the 1958 Geneva Convention on the Free Sea the issue of the country's access rights without the coast is governed in one section, the Convention governs the issue of the rejim of the country's access without The coast to and from the sea as well as the freedom of transit through the transit country is more detailed in one chapter.
.,
.,, the Rejim deals with the rights of those countries to take advantage of the natural resources contained within the Exclusive Economic Zone and the international seabed Area.
.,, in accordance with the provisions of the Convention, the exercise of unshore state access rights as well as the freedom of transit through the territory of the transit countries and in the Exclusive Economic Zone need to be governed with bilateral and regional bilateral agreements.
., 9. The International Basic Marine Area of the International Basic Area is the ocean/oceanic base located outside the Continental Shelf and is below the Free Sea (see also descriptions in item 4 and item 5).
.,
.,, the Convention stipulats that the International Basic Marine Area and the natural wealth contained at the bottom of the sea and the ground below are a shared heritage of humanity.
., no single country may prosecute or exercise sovereign sovereignty or sovereign rights of any part of the International Basic Area or the wealth of nature contained therein.
Also, neither country nor law nor any law or persons may exercise ownership of any part of the region all activities in the International Basic Area are held for the benefit of the human race. Overall, the management is carried out by an international body, the International Seabed Authority (Otorita Authority). As for the management based on a system, the parallel system, as long as the Enterprise (Enterprise) as an authorship has not been able to operate in full, the Convention participants ' countries include state companies and privates. can perform mining in the International Base Area based on a working relationship or association with Otorita. The United Nations Convention on the Law of the Third Sea with a resolution, Resolution I, establishes the formation of Preparatory Commission (Preparatory Commission) whose task is to prepare for the formation of the Otorita. The International Sea and International Court for the Law of the Sea.
., 10. The protection and maintenance of the marine environment, however, slowly but eventually grew the realization that, even though the sea was vast but the sources of wealth contained within it were not without the limit of sustainability. The capture of a fish-type life has always contained a risk that the survival of such fish can be threatened with extinction.
.,
.,, technological development in the field of fisheries, which allows for large-scale fish capture, can result in not only the extinction of the fish-type species but also a major setback for companies that depend on the capture of this type of fish.
., in addition to growing awareness, in the sense of unrest, the megenai of the survival of the environment, which ultimately moved the United Nations to organize a Koperence on the Environment in Stockholm in 1972. Uncontrollatively waste disposal into the oceans carries a result of severe damage to the marine environment.
., as well, the pollution caused by giant tangker-stalk accidents, such as Torrey Canyon in 1967 and Amoco Caditz in 1978, brought very severe damage to the environment.
.,, based on the facts as it is above, the Convention determines that each country has an obligation to protect and preserve the marine environment. In addition, the Convention also determines that each country has a sovereign right to make use of its natural resources in accordance with its obligation to protect and preserve the marine environment.
., 11. Marine scientific research Convention determines that the sovereignty of the coastal state includes the setting of marine scientific research in the Territorial Sea or the Waters of the Islands. This means that every marine scientific study carried out in the Territorial Sea/Waters of the Islands can only be carried out with the permit of a coastal state.
.,
.,, the Convention establishes also that the coastal state has jurisdiction for marine scientific research in the Exclusive Economic Zone and the Continental Shelf.
.,, scientific research by foreign countries or international organizations as long as it does not conflict with the provisions as set out in the Convention to be allowed by the coastal state. For marine scientific research conducted in the Sea of Lapas apply freedom of research with the provision that scientific research conducted at the Continental Shelf is subject to the rejim of the Continental Shelf research.
., as well as for scientific research in the International Basic Marine Region applies the principle of freedom of scientific research that is subject to the rejim of the International Basic Area of the Sea.
12. Development and Technology Alih:
.,
., a., a. Countries, directly or through authorized international organizations, must hold cooperation in accordance with each other ' s ability to actively advance the development and diversion of marine technology and technology;
., b. All countries are obliged to advance the development of the scientific and technological capabilities of countries that require technical assistance in that field, especially developing countries, including those countries without the beaches and which are geographically not. lucky, which requires assistance in the areas of exploration and exploitation, conservation and management of marine wealth sources, protection and preservation of marine environments, marine scientific research, with the aim of accelerating social development and the economies of developing countries.
., 13. The settlement of the Convention determines that each State of the Conventions must resolve a dispute concerning the interpretation and implementation of the Convention through a peaceful path in accordance with the provisions of Article 2 of the United Nations Charter.
.,
.,, the Convention set up a dispute settlement system, in which the participant countries are obliged to submit to one rather than the resolution of the dispute resolution as follows: The International Court of Justice (I.C.J.), the International Court of Justice for Marine Law, General Arbitrasion or Special Arbitrasion.
.,, the 1982 Convention established the International Tribunal for the Law of the Sea as a standing tribunal of (standing tribunal) and the General Arbitration and Special Arbitration as an ad hoc Tribunal (ad hoc Tribunal). Any dispute concerning the interpretation and application of the Convention may be submitted for completion by one of the four entities of the resolution of the dispute above, except the dispute over the interpretation and application of the Chapter XI Convention on the subject of the Convention. The International Marine Area and the Convention on the Convention are tied to the problem of the International Marine Area, which is the absolute jurisdiction of the Basic Naval Dispute Room.
., on the way with the issue of preparation for the formation of the Otorita International Basic Marine organs, then the establishment of the International Commissioner for the Law of the Sea and the rooms in it must be prepared by the Preparatory Commission accordingly. provisions of Resolution I taken by the United Nations Convention on the Third Sea Law, in order to be able to function immediately after the Convention comes into effect.
., 14. Closing Conditions as usual, the convention contains the closing provisions governing procedural issues such as signing, formal assigning and confirmation, accession and enactment of the Convention, amendment, depository and others.
.,
.,, some of the important closing provisions that are present at this Convention include:
a. The Convention comes into effect 12 months after being achieved by passage by 60 countries;
., b. This Convention supersede (prevail) of the 1958 Geneva Conventions on the Law of the Sea for its members;
., c. This convention does not justify the countries holding the (reservation) against the provisions of the Convention on the time of ratifies because the entire provision of the Convention is a single package whose provisions are very closely related to the Convention. his relationship with the other, and therefore can only be passed as one whole circle.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
