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All Journal Supremasi Hukum: Jurnal Penelitian Hukum
Fajri Kurniawan
Faculty of Law, Gadjah Mada University, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Kepastian Hukum dan Risiko Investasi Pemanfaatan Kawasan Extended Continental Shelf Terhadap Kedaulatan Negara Fajri Kurniawan; Almaududi
Supremasi Hukum: Jurnal Penelitian Hukum Vol 35 No 2 (2026)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.35.2.122-141

Abstract

This study aims to analyze the Extended Continental Shelf (ECS) provisions in UNCLOS 1982 and examine their impact on investment law in Indonesia, particularly regarding the utilization of maritime natural resources. This study employs a normative legal research method using a statutory approach and a conceptual approach through a literature review of various primary and secondary legal materials. The results indicate that UNCLOS 1982 provides a legal basis for coastal states to claim an Extended Continental Shelf beyond 200 nautical miles through the CLCS mechanism. Indonesia subsequently adopted these provisions through Law No. 16 of 2023 on the Continental Shelf following the recognition of the ECS in the northwest region of Sumatra. The recognition of the ECS opens investment opportunities in the deep-sea natural resource sector, particularly in crude oil, natural gas, and seabed minerals. However, Indonesia’s investment policies, including Law No. 25 of 2007 and Law No. 6 of 2023, have not specifically regulated investment in the ECS area, thereby creating potential legal gaps and risks of international investment disputes. Therefore, harmonization of national investment law is required through strengthened regulations, investment protection, and maritime diplomacy.
Co-Authors Almaududi