THE ROLE OF UNCLOS 1982 IN PROTECTING THE INDONESIA’S SOVEREIGNTY FROM RECLAMATION THREAT

  • Marcellino Gonzales Sedyantoputro Judge on the Larantuka
Keywords: Singapore Reclamation, Indonesia Sovereignty, United Nations Convention on the Law of the Sea (UNCLOS) 1982

Abstract

The limited existing land area can be expanded by carrying out reclamation of land from surrounding waters, which is commonly found in many countries throughout the world, such as currently being done by Singapore and Indonesia. The paper raises the issue on the reclamation carried out by Singapore and its impacts on the Indonesian territorial sea. To counteract this issue, Indonesia considered using the United Nations Convention on the Law of the Sea (UNCLOS) 1982, but in fact, UNCLOS 1982 does not provide the reclamation provision. As a result, both Indonesia and Singapore put interpretations on Articles to enlighten their propositions. So the question remains: ”Will UNCLOS 1982 be able to fully protect the sovereignty of Indonesia’s territorial sea from the Singapore’s reclamation threat?” The method was descriptive analysis, which is a research method used to gain an overview of the situation and circumstances, by way of exposure of data obtained as it is. Then, various analyzes are carried out to compil some conclusions; while, studies conducted through normative juridical approach. The analysis showed that in order to secure the sovereignty, Indonesia should make propositions related to reclamation issues to be regulated under the international law of the sea. This will be more effective because it will directly improve the legal basis

Author Biography

Marcellino Gonzales Sedyantoputro, Judge on the Larantuka

Born in Malang on 26th of October 1981. He is currently a Judge in the District Court of Larantuka, East Nusa Tenggara. He has also been appointed to be Officer in charge of Public Relation of Larantuka District Court. He had been invited as Guest Speaker in ”the Annual Conference 2013 of the China International Economic and Trade Law Society and The Forum of the International Economic Trade and Legal Development”, Chongqing, China, on November 2013 He was graduated from Law Faculty of Universitas Padjadjaran, Bandung. He had been granted a scholarship of ”YES-Program” from the People’s Republic of China and had received his LL.M degree from East China University of Political Science and Law (ECUPL), Shanghai, China. He is currently joining in PhD program in Southwest University of Political Science & Law, Chongqing, China.

Published
2020-08-04