DIPLOMASI MARITIM INDONESIA DI IORA PADA KASUS ILLEGAL, UNREPORTED, DAN UNREGULATED FISHING

Maritime sovereignty is an integral part of the Indonesia�s foreign policy, historically in the era of Nusantara, many competitions to conquer maritime territory was even tangible from the era of Majapahit and Sriwijaya kingdom during their ruling. With the notion of Indonesia as the world�s maritime axis, Indonesia�s diplomacy is defined clearly by the manifestation of efforts either in bilateral, regional, and multilateral. This article discussed on how Indonesia�s diplomacy through IORA cooperation is done to overcome the issue of IUU fishing during the presidency of Joko Widodo from 2015 until 2020. Indonesia�s IORA Chairmanship from 2015-2017 has rejuvenate Jakarta�s maritime diplomacy. Indonesia�s diplomacy depicted that Indonesia is beyond thatn norm-setting but also to the level where Indonesia assert their identity as a sovereign maritime axis amid the challenges and modernization that made non-traditional security as one of the core of contemporary diplomacy.

SITUS PANTAI LHOK CUT DAN LUBUK SEBAGAI PELABUHAN KOSMOPOLITAN DI SELAT MALAKA ABAD KE 13—15

Abstrack. Sites Lhok Cut and Lubuk Coast as a Cosmopolitants Port in The Malacca Strait 13-15 th Century. The maritime territory of Indonesia provides a lot of data on ancient ports along its coast. This paper discusses Ssites Lhok Cut and Lubuk Coast, in the Lamreh coast region, Aceh Besar, as an example of a cosmopolitan port around the Straits of Malacca in the 13-15th century. The Malacca Strait since the beginning of our era was a busy international shipping lane connecting India and China. Long-distance trade shipping activities between the western and eastern hemispheres have led to the emergence of ports both on the coast of the country of origin, destination, and also on the coast between the country of origin and the destination of commercial shipping.

Pengaturan Keselamatan dan Keamanan Pelayaran di Perairan Indonesia

Indonesia is a maritime country surrounded by a sea that is rich in natural resources, therefore a unified system is needed to maintain security and also to allocate all energy sources offered by the sea so that it can be managed appropriately. The management of water safety and security in Indonesia is regulated in Law Number 17 of 2008 concerning Shipping. In this research, there are two main problems that will be examined, namely first about the management arrangements for safety and security requirements in Indonesian maritime territory and second What is the authority of the local government in developing the safety and security requirements of shipping in Indonesian maritime territory. This research is a normative legal research, using a statutory approach and a conceptual approach. The result of this research is the management of shipping coaching is carried out by the government. The form of guidance carried out by the government is in the form of supervision, control and regulation. Legal protection for the administration of regional autonomy is in line with the provisions of Law Number 23 o/2014 which involves regional governments and carries out legal protection for various government affairs in the context of community service and natural resource management.

Diplomasi Maritim Indonesia dalam Kasus Illegal Fishing oleh Nelayan Vietnam Tahun 2018-2019

Indonesia is considered as a maritime state due to the fact the 2/3 of its territory is covered by the sea. Indonesian waters hold a high potential for maritime resources. With this potential comes a challenge for Indonesia to manage and protect its maritime resources from foreign actors that try to enter Indonesian waters and exploit the resources in it illegally or conduct illegal fishing. Vietnam has become the country of origin for most of the perpetuators of illegal fishing from 2018-2019. This research aims to explain the efforts of Indonesia through maritime diplomacy to in order to tackle the issue of illegal fishing that has been conducted by Vietnamese fishing ships. This article will use the UNCLOS 1982 convention as a legal basis and the concepts of maritime security and maritime diplomacy as a theoretical basis to explain Indonesia’s maritime borders and efforts to assert sovereignty over Indonesian maritime territory. A descriptive research method will be used in this article. This article views that Indonesia’s maritime diplomacy effort is still in compliance with UNCLOS 1982 and the theory of maritime diplomacy which includes the following: 1) cooperative diplomacy which is conducted through bilateral cooperation; 2) persuasive diplomacy through displaying presence in maritime territory; 3) coercive diplomacy through sinking of Vietnamese fishing ships.

Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia

Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.

PENGGUNAAN HAK PENGEJARAN SEGERA TERHADAP KAPAL-KAPAL ASING YANG MELANGGAR WILAYAH LAUT INDONESIA

The research objective is to find out and understand the use of the right of immediate pursuit of foreign ships that violate the Indonesian sea territory; and know and understand the limits of Indonesia's authority in the use of the right of immediate pursuit in its territorial waters. The problem is how to use the right of immediate pursuit of foreign ships that violate Indonesia's maritime territory. And what about the limits of Indonesia's authority in the use of immediate pursuit rights in its territorial waters? The research method used is empirical legal research methods. The results of the research on the use of the right of immediate pursuit of foreign ships that violate the territorial sea of Indonesia include several things that must be considered, namely the chase must be carried out by the competent authority of the coastal State and have sufficient reasons and are convincing that the foreign ship has violated the law in waters of the jurisdiction of the coastal State. The pursuit must begin when a foreign ship or one of its partners is in inland waters, archipelagic waters, territorial seas, auxiliary routes or exclusive economic zones. The pursuit can only continue outside the territorial seas, outside the auxiliary routes or outside the exclusive economic zone if the pursuit is continuous and uninterrupted. The pursuit may only begin after giving a stop sign from a distance that the foreign ship can see or hear. The right of pursuit must be stopped as soon as the ship being chased has entered the sea of the territory of the third party. The limit of Indonesia's authority in the use of the right to immediate pursuit in its territorial waters, Indonesia can take actions, starting with a signal, for example with a sound sign or a flag signal or an optical light, not paying attention to the signal, then it may be followed by warning shots. the first shot with a blank bullet is also ignored, followed by the shot with a live bullet, provided that when shooting, the shot must be directed in front of the prow of the ship being chased. If you take a fight that endangers the patrol boat or the lives of people, balanced violence can be carried out, if possible avoiding casualties. The immediate chase is stopped if the foreign ship enters the territorial waters of another State.Key words: right of immediate pursuit; foreign ships; useAbstrakTujuan penelitian untuk mengetahui dan memahami penggunaan hak pengejaran segera terhadap kapal-kapal asing yang melanggar wilayah laut Indonesia; dan mengetahui dan memahami batas kewenangan Indonesia dalam penggunaan hak pengejaran segera di wilayah perairannya. Permasalahan yaitu bagaimana penggunaan hak pengejaran segera terhadap kapal-kapal asing yang melanggar wilayah laut Indonesia. Dan bagaimana batas kewenangan Indonesia dalam penggunaan hak pengejaran segera di wilayah perairannya. Metode penelitian yang dipergunakan metode penelitian hukum empiris. Hasil penelitian penggunaan hak pengejaran segera terhadap kapal asing yang melanggar wilayah laut Indonesia, mencakup ada beberapa hal yang harus diperhatikan, yaitu pengejaran harus dilakukan oleh pihak yang berwenang dari Negara pantai dan mempunyai alasan yang cukup serta meyakinkan bahwa kapal asing tersebut telah melakukan pelanggaran hukum di perairan yurisdiksi Negara pantai. Pengejaran itu harus dimulai ketika kapal asing atau salah satu sekocinya ada di perairan pedalaman, perairan kepulauan, laut teritorial, jalur tambahan atau zona ekonomi eksklusif. Pengejaran itu hanya dapat dilanjutkan di luar laut wilayah, di luar jalur tambahan atau di luar zona ekonomi eksklusif bila pengejaran itu terus menerus dan tidak terputus. Pengejaran hanya boleh dimulai setelah memberi suatu tanda berhenti dari suatu jarak yang dapat dilihat atau didengar oleh kapal asing tersebut. Hak pengejaran itu harus dihentikan sesaat kapal yang dikejar itu telah memasuki laut wilayah Negara pihak ketiga. Batas kewenangan Indonesia dalam penggunaan hak pengejaran segera di wilayah perairannya, Indonesia dapat melakukan tindakan-tindakan, diawali harus dilakukan dengan memberi tanda isyarat, misalnya dengan tanda suara atau isyarat bendera atau lampu optis, tidak diperhatikannya tanda isyarat, baru boleh dilanjutkan dengan tembakan peringatan, tembakan pertama dengan peluru hampa, juga tidak diindahkan dilanjutkan dengan tembakan dengan peluru tajam, dengan ketentuan bahwa waktu menembak, tembakan harus diarahkan di depan haluan kapal yang dikejar. Apabila melakukan perlawanan yang membahayakan kapal patroli atau jiwa orang, dapat dilakukan tindakan kekerasan yang seimbang, jika memungkinkan menghindari adanya korban jiwa. Pengejaran segera itu dihentikan apabila kapal asing tersebut memasuki wilayah perairan Negara lain.

A New Method for the Collection of Marine Geomagnetic Information: Survey Application in the Colombian Caribbean

In recent years, the Oceanographic and Hydrographic Research Center (part of the General Maritime Directorate of Colombia (DIMAR) has made important efforts to advance research in the field of marine geophysics, in particular, the techniques of geomagnetism, sub-bottom profiling, and side-scan sonar, the first being the most developed at the present time. A method is presented for the acquisition of geomagnetic data in marine environments, as used by DIMAR in the Colombian maritime territory. The development of the geomagnetic method not only offers the opportunity to advance basic scientific knowledge, but it is also of great importance in support of national sovereignty issues. Among other applications, the most representative uses of the geomagnetic method are the location of pipelines and metal plates, detection of buried ordnance, identification of sites of archaeological interest, and the identification and characterization of geological structures. As a result of testing the method, a grid of geomagnetic data was surveyed in an area close to the Island of San Andrés in the north-west of the Colombian maritime territory. The survey was prepared with a regional geometric arrangement, the result of which was compared with survey data obtained from the National Oceanic and Atmospheric Administration (NOAA) magnetic data repository and carried out in the same study area. Despite the long time interval between the two surveys, almost 50 years, no significant differences were observed in terms of the analyzed variables. Finally, results show negligible differences between the magnetic data obtained for the years 1970 and 2018 for all the variables measured, such as the inclination, declination, and total magnetic field. These differences may be attributable to a geological component or also to the acquisition and processing methods used in the 1970s.

Entre territorialidades da pesca artesanal no maretório de Caravelas e Nova Viçosa-BA

O Banco dos Abrolhos, região analisada nesta pesquisa, concentra a maior biodiversidade marinha do Brasil e uma série de atores que utilizam o território. Dentro desse contexto, o objetivo da pesquisa foi o de compreender as transformações históricas, econômicas e ambientais que influenciaram na territorialidade dos pescadores artesanais de Caravelas e Nova Viçosa entre 1960 e 2019. Para isso, utilizei a observação participante, entrevistas semiestruturadas, grupos focais e mapeamento participativo. Foi possível categorizar 4 marcos temporais, o primeiro foi marcado pela pesca da baleia, o segundo pela influência da Estrada de Ferro Bahia-Minas e o abastecimento dos navios, já o terceiro pela estruturação da pesca, com a chegada do gelo e das embarcações motorizadas, e o quarto, que foi influenciado pela chegada das Unidades de Conservação. Com efeito, o território passou por inúmeras transformações e a reterritorialização foi necessária para a manutenção do modo de vida tradicional da pesca artesanal local. Abstract ARTISANAL FISHING TERRITORIALITIES IN MARITIME TERRITORY OF CARAVELAS AND NOVA VIÇOSA-BA The Abrolhos Bank concentrates the largest marine biodiversity in Brazil and a series of actors that use the territory. Within this context, the objective of this research was to understand the historical, economic and environmental transformations that influence the territoriality of artisanal fishermen of Caravelas and Nova Viçosa in the last 60 years. For this, I used participant observation, semi-structured interviews, focus groups and participatory mapping. It was possible to categorize 4 time frames, the first was marked by whale fishing, the second by the influence of the Bahia Minas Railroad and the supply of vessels, the third by the structuring of fishing, with the arrival of ice and motorized vessels. Finally, the fourth is influenced by the arrival of the Conservation Units. It can be said that the territory has undergone numerous transformations and that reterritorialization was necessary for the maintenance of local artisanal fishing.