MARITIME LAW ANALYSIS ASSOCIATED TO THE UNITARY STATE OF THE REPUBLIC OF INDONESIA AS THE LARGEST ARCHIPELAGIC STATE IN THE WORLD

• Main Author: Agusta - Nim: 25115007, Ardigautama
• Format: Theses
• Language: Indonesia
• Online Access: https://digilib.itb.ac.id/gdl/view/21198
• Institution: Institut Teknologi Bandung

Since independence on August 17, 1945, the Unitary State of the Republic of Indonesia (NKRI) has a new law on maritime law in 2014 or 69 years after independence, namely Law Number 32 Year 2014. The law of the Sea was passed in Jakarta on dated October 17, 2014 and signed by the then President of Indonesia, namely Susilo Bambang Yudhoyono (SBY). The background of this maritime legislation establishment lies on the fact that Indonesia as the biggest archipelago country in the world has yet held any regulations which govern (1) maritime territory, (2) management and utilization of marine resources, and (3) law enforcement at the seas to safeguard the sovereignty of the maritime territories and of the marine resources of the Unitary State of the Republic of Indonesia. All those three aforementioned aspects will be discussed in this research. The research method employed is descriptive research method and comparative method. The descriptive research method is a research method that aims to explain the existing phenomena, both natural and man-made phenomena. These phenomena can be of its form, activity, characteristic, changes, relationship, similarities, and differences between one phenomenon with the other. For the analysis part, the method used is the comparative method, namely a method that compare (1). every territorial, (2) marine resource and (3) law enforcement aspects in the Maritime Law against UNCLOS. (1) The territorial aspects will review the definitions of the archipelago country, the baseline and the partition of maritime territory which is listed in the Maritime Law and compares wit UNCLOS. (2) The marine resource aspects discuss the potential marine resource listed in the Maritime Law and compares it with UNCLOS as well and (3) The law enforcement aspects discusses the law enforcement aspects listed in the Maritime Law and concerning the roles and functions of ministries and agencies which authorized to enforce the law at seas. The discussion and analysis will follow after.