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All Journal The Southeast Asia Law Journal Indonesian Journal of International Law Jurnal Pertahanan dan Bela Negara Jurnal Hukum dan Pembangunan
Kresno Buntoro
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Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RETHINKING NUSANTARA INDONESIA: LEGAL APPROACH Buntoro, Kresno
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

As one of the proponents of the archipelagic State concept, Indonesia considers the archipelagic State regime as Nusantara. Indonesia believes that the waters surrounding the islands considered an integral part of the island and part of its State territory. However, Indonesia seem to realize that Nusantara has to adopt the international community interest such as providing sea lanes of communication and addressing the challenges ensuing from conducting activities within its waters and surrounding. These balances of interest stipulated in the provision of the United Nations Convention on the Law of the Sea 1982 (LOSC). Indonesia seems very satisfied when the archipelagic state concept has been adopted in the LOSC, but there are many issues exist when discussing the implementation of the Nusantara.
Perspectives on Enhancing Safety and Security in Indonesian Waters Buntoro, Kresno
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Indonesian waters are for world seaborne trade, naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess sea lanes of communication. The purpose of this paper is to provide an overview of maritime security challenges within Indonesia in light of its obligations to ensure safety of navigation and security. A number of recommendations are brought up to show efforts have been made by Indonesia in maintaining the safety and security in its waters.
Legal and Technical Issues on Designating Archipelagic Sea Lanes Passage: Indonesia Experience Buntoro, Kresno
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The archipelagic sea lanes passage is a new regime of navigation. There is no much provision in the LOSC2, international law, or guidance from the international organization in how to designate an archipelagic sea lanes passage. Indonesia experienced that there are many issues left in designating the passage such as what constitute normal routes, how to apply the ten per cent rule, how to depict the axis lines, how to treat the non designated routes, what constitute ‘normal mode’. The issues also reflected in the provisions of the Indonesian Government Regulation. Although the precise form of this new navigation system has not been fully worked out, the designation of the Indonesian archipelagic sea lanes passage brings Indonesia one step closer to implementing its right over and accepting its responsibilities for its archipelagic waters. The purpose of this paper is to provide an overview of the legal and technical issues in designation of archipelagic sea lanes passage based on the Indonesia experience.
ENHANCING SAFETY AND SECURITY IN INDONESIAN WATERS: COOPERATIONS WITHIN DIPLOMACY FRAMEWORK Buntoro, Kresno
Jurnal Pertahanan & Bela Negara Vol 4, No 2 (2014): Jurnal Pertahanan dan Bela Negara
Publisher : Indonesia Defense University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (231.536 KB) | DOI: 10.33172/jpbh.v4i2.331

Abstract

The Indonesian waters is for world seaborne trade, military and naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess sea lanes of communication. The purpose of this paper is to provide an overview of maritime security challenges within Indonesia in light of its obligations to ensure safety of navigation and security. A number of recommendations are brought up to show efforts have been made by Indonesia in maintaining the safety and security in its waters in the light of defense and naval diplomacy. Keywords: maritime safety and security, Indonesian waters, cooperation, diplomacy
The Disputes of South China Sea From International Law Perspective Surya Wiranto; Hikmahanto Juwana; Sobar Sutisna; Kresno Buntoro
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (411.056 KB) | DOI: 10.31479/salj.v1i1.1

Abstract

Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.
TINJAUAN YURIDIS PROMPT RELEASE PROCEDURE DALAM MENANGANI TINDAK PIDANA PERIKANAN DI ZONA EKONOMI EKSKLUSIF INDONESIA Haridus, Haridus; Sudardi, Sudardi; Buntoro, Kresno
Jurnal Hukum & Pembangunan Vol. 50, No. 2
Publisher : UI Scholars Hub

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Abstract

Article 292 UNCLOS is a novel provision, both in the law of the sea and in general international law, as no such provision existed before the Convention was adopted. The purpose of procedure is to reconcile the interests of the detaining State in its measures against the flag State. Generally, the flag State wishes its vessel and its crew released promptly while the interest of the detaining State to secure the court appearance of the Master and the payment of penalties. Under Indonesian law, the procedure regarding prompt release is regulated in the provisions of Article 104 of Law Number 45 of 2009. The earlier study stated Article 292 UNCLOS empowers ITLOS to order the release of vessels, which have been detained by a coastal State for violations committed by the vessels in the its EEZ which have not been set free upon the posting of a reasonable bond. This article highlights how international and national law that regulate and implement these procedures.
Co-Authors Haridus, Haridus Hikmahanto Juwana Sobar Sutisna Sudardi, Sudardi Wiranto, Surya