Philosophical Review of State's Sovereignty in The Sea On Foreign Cross-Ship Rights in Indonesia Waters

Abstract

The purpose of this research is to find out the statutory arrangements and philosophical review of state sovereignty related to foreign ship rights in the waters of the Indonesian Archipelago. This research is a normative legal research with a statutory approach. The analytical technique used is the analytic critique analysis technique in the form of a critical interpretation technique for legal materials, especially legal materials. The results show that in relation to PP No. 37/2002, the determination of the archipelagic sea lane should refer to Law No. 6/1996 and Article 53 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. In a philosophical review of the ontology aspects of sovereignty as the highest authority from a country in international law has experienced a shift. The highest power has shifted to a more limited direction, namely only within the national borders, while to get out of national borders is given and limited by international law. The epistemological aspect of state sovereignty in the archipelago waters is the same as in the territorial sea, that is, it cannot apply absolute sovereignty as in land area or in the air. Determination of the Indonesian Archipelagic Sea Lane (ALKI) will partly complicate the supervision of foreign vessels in unspecified sea lanes. This raises vulnerability for the sovereignty of the Indonesian state. The axiological aspect of state sovereignty is to bring benefits to create order and legal certainty related to the issue of the rights of foreign ships and aircraft crossing over vast waters based on the rights of archipelagic sea lanes crossing. In the perspective of the country's sovereignty especially the sovereignty of the state at sea, the determination of the right of passage for foreign vessels in the ALKI must guarantee territorial integrity and aim at protecting the wealth of the Indonesian state as an archipelago, according to the values ​​contained in the 1957 Djuanda Declaration.

Keywords: Philosophical review, Right of Pass, Foreign Ships, Waters, Indonesian Archipelagic Sea Pathways (ALKI).

DOI: 10.7176/JLPG/92-26

Publication date: December 31^st 2019