Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Vol. 4 No. 2 Desember 2024

Hand in Hand is it Possible? The Bilateral Agreement on Traditional Fishing Rights Between Indonesia and Malaysia in the Natuna Sea

Anom, Surya (Universitas Sultan Ageng Tirtayasa)
Sitamala, Afandi (Universitas Sultan Ageng Tirtayasa)



Article Info

Publish Date
12 Dec 2024

Abstract

Indonesia's 1983 bilateral agreement with Malaysia, ratified by Law Number 1 of 1983, addresses Malaysia's recognition of Indonesia's Archipelagic State regime in exchange for Indonesia's acknowledgment of Malaysia's traditional rights in territorial seas and archipelagic waters between East and West Malaysia. While this agreement establishes Indonesia's sovereignty, it has significant drawbacks, particularly for Indonesia's traditional fishermen. The provisions allow Malaysian fishermen to exploit Indonesia’s Natuna Sea, often exceeding agreed boundaries and using modern fishing methods, undermining Indonesia's legal and ecological interests. This research employs normative juridical methods to critically evaluate the agreement's implications on Indonesia’s maritime sovereignty and traditional fishing rights. The study concludes that despite the agreement's validity, its implementation faces challenges, including non-compliance with national laws. The research highlights the urgency of revisiting and renegotiating the agreement to protect Indonesia's maritime resources, uphold its legal regime, and secure equitable outcomes for local fishermen.

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Journal Info

Abbrev

jurisprudence

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Sultan Jurisprudence: Jurnal Riset Ilmu Hukum also known as Sultan Jurisprudence is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, ...