STUDY ON LAW ENFORCEMENT AND BOUNDARY DELIMITATION IN INDONESIA'S CONTIGUOUS ZONE BASED ON UNCLOS III

• Main Author: Yasin, Gunawan
• Format: Theses
• Language: Indonesia
• Online Access: https://digilib.itb.ac.id/gdl/view/68679
• Institution: Institut Teknologi Bandung

The Indonesian state is a coastal state that has ratified the international law of the sea United Nations Convention on the Law of the Sea (UNCLOS III) in 1973-1982, through this ratification the Indonesian state has declared it subject to the provisions of UNCLOS III. the condition of Indonesia, which often violates laws related to water areas, in UNCLOS III there is one maritime zone, namely the Contiguous Zone where coastal states have to control and carry out supervision in the fields of immigration, customs, excise, finance, health quarantine, and cultural heritage objects. However, for now, in Indonesia, there are no laws and regulations specifically governing Contiguous zones. Therefore, a study is needed that discusses the extent to which law enforcement and the delimitation of boundaries in the Indonesian Contiguous Zone have been carried out, which is one of the consequences of the ratification of international law and considering that in that maritime zone Indonesia has the rights to optimize the safeguarding of state sovereignty. With a descriptive analysis method related to legal aspects and technical aspects, it was obtained that the existing national regulations, have not fully accommodated the legal norms in the Contiguous Zone, especially regarding duties, fiscal, immigration, and sanitary and it is known that there is no national regulation on the control of archaeological or historical objects in the Indonesian Contiguous Zone. The authority of law enforcement agencies in the Contiguous Zone, if the Contiguous Zone regulations have been passed, among others, can be carried out by BAKAMLA, TNI-AL, PPNS Customs, PPNS Directorate General of Taxes, PPNS Immigration, and PPNS Health Quarantine. Then with regard to the boundary, the Indonesian Contiguous Zone borders the Philippines, Papua New Guinea, Malaysia, and Timor Leste. However, there are still some border areas with other countries that have not and need to be negotiated.