Kedaulatan - Kedaulatan di Laut

Summary

This educational video delves into international maritime law, focusing on state sovereignty over maritime territories, especially Indonesia's pivotal role. It traces the historical evolution of maritime law from the Treaty of Tordesillas to the contrasting theories of Hugo Grotius and John Selden regarding maritime sovereignty. The video highlights the establishment of the United Nations Convention on the Law of the Sea in 1982 and its impact on defining maritime zones like territorial seas and exclusive economic zones. Indonesia's Declaration of Djuanda is underscored as a significant milestone in recognizing archipelagic states and expanding maritime rights.

Takeaways

• 🌊 International maritime law has a long history, tracing back to significant events like the Treaty of Tordesillas in 1492.
• ⚖️ The debate between Hugo Grotius's concept of mare liberum (freedom of the seas) and John Selden's mare clausum (closed seas) shaped the foundation of maritime sovereignty.
• 📜 The United Nations Convention on the Law of the Sea (1982) is a critical legal framework that governs maritime rights and responsibilities.
• 🇮🇩 Indonesia has played a significant role in shaping maritime law, particularly through its Declaration of Djuanda in 1957, which emphasized the unity of its archipelagic territory.
• 🗣️ The 1982 UN Convention resulted from extensive negotiations and comprises 17 chapters, 9 annexes, and 320 articles, marking a monumental achievement in international law.
• 🌐 Coastal states have full sovereignty over their territorial seas, extending up to 12 nautical miles, where they can enforce laws and regulations.
• 📏 The contiguous zone allows coastal states to enforce specific laws related to customs and immigration up to 24 nautical miles from their baseline.
• 🌍 The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles, granting coastal states rights to explore and exploit marine resources, while still respecting the freedoms of other nations.
• ⚓ The continental shelf gives coastal states rights over the seabed and subsoil, enabling exploration and resource extraction beyond the EEZ.
• 🌊 High seas remain free for all states, emphasizing the principle of shared access to marine resources and navigation.

Q & A

What is the main topic of the video?

The main topic of the video is the sovereignty of states over maritime areas and the historical development of international maritime law.

What historical event marked the beginning of international maritime law?

The Treaty of Tordesillas in 1492 between Portugal and Spain is highlighted as a significant milestone that marked the emergence of issues related to the application of international law in maritime areas.

What are the two opposing concepts discussed regarding maritime sovereignty?

The two opposing concepts are 'mare liberum' proposed by Hugo Grotius, which advocates for free access to the seas, and 'mare clausum' proposed by John Selden, which supports the idea of state sovereignty over maritime areas.

How did international maritime law evolve after World War II?

After World War II, international maritime law evolved through various conferences, leading to significant agreements like the United Nations Convention on the Law of the Sea (UNCLOS) established in 1982.

What was Indonesia's role in the development of international maritime law?

Indonesia played a crucial role in the development of international maritime law, particularly during the third United Nations Conference on the Law of the Sea, advocating for the Archipelagic State concept based on the Declaration of Djuanda in 1957.

What does the 'exclusive economic zone' (EEZ) refer to?

The exclusive economic zone extends up to 200 nautical miles from the baseline, where the coastal state has sovereign rights for exploring and exploiting marine resources, while other states retain freedom of navigation.

What is the difference between 'sovereignty' and 'sovereign rights' in maritime law?

Sovereignty is absolute control over a territory, whereas sovereign rights, such as those in the exclusive economic zone, are limited to specific rights over the resources within that area without full jurisdiction over the waters.

How does the concept of 'heritage of mankind' apply to maritime areas?

The 'heritage of mankind' principle applies to areas beyond national jurisdiction, such as the seabed and ocean floor, which are regarded as resources for all humanity and not subject to any one nation's sovereignty.

What was the outcome of the third conference on maritime law held between 1973 and 1982?

The third conference resulted in the United Nations Convention on the Law of the Sea, a comprehensive legal framework for maritime governance that includes 320 articles and establishes various maritime zones.

What is the significance of the Declaration of Djuanda for Indonesia?

The Declaration of Djuanda is significant for Indonesia as it established the concept of the archipelagic state, allowing Indonesia to claim the waters between its islands as part of its national territory, expanding its maritime boundaries significantly.