HUKUM LAUT, GARIS PANGKAL & ZONA MARITIM

Summary

The video script delves into the intricacies of international maritime law, focusing on the understanding of maritime boundaries and the role of baselines in territorial claims. It discusses the historical evolution of sea control from the perspective of land dominance to the modern concept of the Exclusive Economic Zone (EEZ). The script highlights Indonesia's strategic move with the Djuanda Declaration in 1957 and the subsequent United Nations Convention on the Law of the Sea (UNCLOS), which significantly expanded the rights of archipelagic states like Indonesia over their maritime areas, including the establishment of baselines, internal waters, territorial sea, and the continental shelf.

Takeaways

• 📚 The main purpose of the lecture is to help students understand international maritime law, including maritime boundaries and the role of baselines and zones in maritime claims.
• 🌍 The lecture discusses the evolution of maritime law, starting from the principle that the sea should not be dominated by any state, ensuring freedom for all, to the current understanding that includes state sovereignty over certain maritime areas.
• 🏝️ Indonesia's struggle for maritime sovereignty is highlighted, including the historical context of its independence and the subsequent expansion of its territorial waters from 3 nautical miles to 12 nautical miles under the Djuanda Declaration of 1957.
• 🔍 The importance of the baseline in maritime law is emphasized, explaining how it serves as the starting point for measuring a state's territorial waters, contiguous zone, and exclusive economic zone (EEZ).
• 🏠 The distinction between islands and rocks in maritime law is clarified, with islands having the right to a 12-mile territorial sea, a contiguous zone, and an EEZ, while rocks only have the right to a 12-mile territorial sea.
• 🛳️ The concept of 'innocent passage' is introduced, explaining the rights and responsibilities of foreign ships navigating through a coastal state's territorial waters.
• 🚀 The rights within the exclusive economic zone (EEZ) are outlined, including the freedom of navigation and overflight for all states, as well as the coastal state's rights to resources and jurisdiction over marine scientific research and environmental protection.
• 🌐 The United Nations Convention on the Law of the Sea (UNCLOS) is mentioned as the key international agreement that governs maritime law, recognizing the rights and responsibilities of states in various maritime zones.
• 🔑 The significance of the baseline in determining a state's maritime boundaries is underscored, with different types of baselines such as normal baseline, straight baseline, and archipelagic baseline being explained.
• 🏖️ The role of 'archipelagic waters' is discussed, which refers to the waters within an archipelagic state like Indonesia, where the internal waters are considered as part of the state's territorial sea.
• 🔬 The lecture also touches on the importance of understanding and applying maritime law for the sustainable management of marine resources and the protection of the marine environment.

Q & A

What is the main purpose of studying international maritime law according to the transcript?

The main purpose is for students to understand international maritime law related to maritime boundaries, to comprehend the types of baselines and their role in maritime claims, and to learn about the types and characteristics of maritime zones that constitute a nation's rights.

What does the term 'Blend' in the context of maritime law signify?

'Blend' signifies the historical concept that because humans initially only controlled land, they also had rights over the sea adjacent to their land, thus being able to dominate the sea.

What was the original width of the territorial sea as per historical practices?

The original width of the territorial sea was three nautical miles because that was the range a cannon could reach from the shore, serving to protect from naval attacks.

How did Indonesia's maritime boundaries change after gaining independence in 1945?

After gaining independence, Indonesia's maritime boundaries were initially based on Dutch and international law, which allowed only a 3-nautical-mile belt around each island. This was later expanded through the Djuanda Declaration of 1957, claiming the waters between the islands as part of Indonesia's territory.

What is the significance of the United Nations Convention on the Law of the Sea (UNCLOS) in the context of Indonesia's maritime claims?

UNCLOS is significant as it led to the recognition of a new maritime zone, the Exclusive Economic Zone (EEZ), which extended the area a country could control from 12 nautical miles to 200 nautical miles, greatly benefiting archipelagic nations like Indonesia.

What is the difference between 'internal waters' and 'territorial sea' as mentioned in the transcript?

Internal waters are the waters on the landward side of the baseline, including bays and straits, while the territorial sea is the area extending 12 nautical miles seaward from the baseline, over which a coastal state has sovereignty.

What is the role of the baseline in measuring a state's maritime zones?

The baseline is crucial as it serves as the starting point from which the breadth of maritime zones such as the territorial sea, contiguous zone, and Exclusive Economic Zone (EEZ) are measured.

What are the criteria for an area to be considered an 'island' according to UNCLOS?

According to UNCLOS, an area must be naturally formed, surrounded by water at high tide, always above water at high tide, and capable of sustaining human habitation or economic life to be considered an 'island'.

How does the concept of 'archipelagic baselines' relate to the management of waters between islands in a nation like Indonesia?

Archipelagic baselines encompass the entire group of islands, allowing a nation like Indonesia to claim the waters between its islands as internal waters, thus gaining control over these areas and their resources.

What are the implications of the 'right of innocent passage' for foreign ships in a state's territorial sea?

The right of innocent passage allows foreign ships to navigate through a state's territorial sea without permission, but they must adhere to the laws and regulations of the coastal state, ensuring their passage is non-threatening and non-intrusive.

How does the concept of 'archipelagic state' introduced by UNCLOS benefit nations like Indonesia?

The concept of an 'archipelagic state' recognizes the unique geographical nature of nations like Indonesia, composed of numerous islands, and grants them the authority to have wider maritime zones, including internal waters and an EEZ, enhancing their control over resources and navigation.