Safeguard Sovereign Rights

ARSIP ALIANSI NELAYAN NATUNA

A screenshot from a fisherman\'s video shows the Chinese destroyer Kunming-172 and five other Chinese vessels entering the North Natuna Sea, Riau Islands, Monday (13/9/2021).

The Unitary State of the Republic of Indonesia (NKRI) has sovereign rights over inland waters, archipelagic waters, territorial seas and the exclusive economic zone (EEZ) as stipulated in Article 7 of Law No. 32/2014 on Maritime Affairs.

A serious issue thus arose when a destroyer and five other Chinese vessels were found last week in Indonesia’s EEZ in the North Natuna Sea. The same could be said for a previous incident in which the USS Carl Vinson aircraft carrier passed close to the Natuna Block in the Indonesian EEZ. All activities in territorial waters need to be ascertained whether they interfere with Indonesia’s sovereign rights or not.

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The sea consists of territorial waters, jurisdictional areas, high seas and the international seabed area. Territorial waters include inland waters, archipelagic waters and territorial seas, over which the NKRI has sovereign rights.

Meanwhile, jurisdictional areas include additional zones, such as the EEZ and the continental shelf. Again, the NKRI has sovereign rights over both.

The Indonesian territorial sea is a sea lane spanning 12 nautical miles wide as measured from the archipelagic baselines. The Indonesian EEZ is an area outside and adjacent to its territorial sea with an outermost limit of 200 nautical miles from its shores. The high seas are outside the territorial sea and the EEZ.

KOMPAS/PANDU WIYOGA

The coordinates of fishermen meeting Chinese warships in the North Natuna Sea, Riau Islands, Monday (13/9/2021).

The presence of Chinese vessels and an American aircraft carrier in the Natuna Block does not violate sovereignty because they were found in the Indonesian EEZ, not Indonesia’s sovereign territory, which is the territorial sea. However, Indonesia’s sovereign rights may be considered violated if the presence of foreign ships disrupt the activities of fishermen in Indonesia’s EEZ.

Law No. 5/1983 on the Exclusive Economic Zone of Indonesia emphasizes that all living and nonliving biological resources found within the Indonesian EEZ, both potential and effective, are the capital and joint property of Indonesia.

In the Indonesian EEZ, the country’s citizens possess and can exercise their sovereign rights to explore and exploit, manage and conserve living and nonliving natural resources from the ocean floor, subsoil and waters. Exploration and exploitation activities can also be conducted to generate power from the seawater, ocean currents and offshore wind.

The government must therefore ensure the safety of Indonesian fishers who conduct activities in the North Natuna Sea, as well as the overall safety and security of Indonesia’s territorial waters.

There are allegations that the presence of Chinese and American vessels in the Indonesian EEZ is related to a competition over the region that is likely to last a while. The government must therefore ensure the safety of Indonesian fishers who conduct activities in the North Natuna Sea, as well as the overall safety and security of Indonesia’s territorial waters.

The government should demand an immediate explanation from China and the United States regarding this matter while intensifying patrols in the Indonesian EEZ. Mapping is also an important factor in shaping a nation.

This article was translated by Kesya Adhalia.