JURNAL HUKUM
Vol 42, No 3 (2026): Jurnal Hukum

The Right of Navigation V. Freedom of Navigation: Balancing Rights and Obligation in Archipelagic Sea-Lane Passage

Enny Narwati (Universitas Airlangga, Surabaya, Indonesia)
A Indah Camelia (Universitas Airlangga, Surabaya, Indonesia)
Lina Hastuti (Universitas Airlangga, Surabaya, Indonesia)



Article Info

Publish Date
21 Jul 2026

Abstract

This article examines three unresolved legal ambiguities within the archipelagic sea lanes passage (ASLP) regime under Part IV of the United Nations Convention on the Law of the Sea 1982 (UNCLOS): the permissible scope of an archipelagic state regulatory authority; the enforceability of Part XII UNCLOS environmental obligations without impeding navigation; and the legal consequences of deviation from designated sea lane routes. Employing doctrinal legal research through a treaty interpretation methodology derived from Articles 31–33 of the Vienna Convention on the Law of Treaties 1969 (VLCT) and Indonesia’s Archipelagic Sea Lanes (IASP) as operationalised ASLP case study. This article advances three original arguments: First, ASLP is conceptually grounded in right of Navigation (RoN) – a conditional, treaty-based entitlement – rather than in the customary-law derived Freedom of Navigation (FoN), a distinction carrying material consequences for coastal state regulatory competence. Second, UNCLOS Part XII environmental obligations function as lex generalis alongside the lex specialis of Part IV, permitting proportionate emergency environmental intervention without nullifying navigational rights. Third, unjustified departure from designated routes activates full scope of archipelagic supervisory authority, including the innocent passage framework. These findings contribute to the cooperative governance of strategically critical maritime corridors and inform undesignated ASLP regimes globally.

Copyrights © 2026






Journal Info

Abbrev

jurnalhukum

Publisher

Subject

Religion Humanities Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International ...