IDEOLOGY OF THE STATE AND BASIC PRINCIPLES FOR CONTROLLING
AND MANAGING THE INDONESIAN MARINE RESOURCES
I Nyoman Nurjaya*
Paper presented at International Seminar and Indonesia Forum on Ocean Law: Building Comprehensive Perspective on National Security and Sustainable Development, jointly organized by Faculty of Law Brawijaya University, Wollongong University of Australia, and Trisakti University of Jakarta conducted on 17 to 19 May, 2010 at Faculty of Law Brawijaya University, Malang.
The ocean is an important ecosystem, covering over 70% of the earth’s surface and providing a rich source of food and income and for coastal communities in particular. Despite its importance, human activities such like unsustainable fishing practices, land and sea based pollution, coastal development, and pollution growth have been causing significant damage to marine biodiversity and productivity which are vital to human survival and well-being. Besides, the negative impact of climate change such as rising sea level and temperature, acidification of the sea and changing weather pattern aggravate the degradation of the marine ecosystem. It is imperative that the ocean, together with the people living around it, must be scientifically understood and politically comprehended so that this resources could be continue to support and sustain human life.
The oceans have been the subject of international law because until recently the seaward extent of coastal state jurisdiction was no more than three nautical miles from the coast. Waters, seabed, subsoil, airspace, and the resources thereof beyond this limit were open to all, and could not be the subject of national claims. It was necessary, therefore, to secure changes in international law to permit states to extend their jurisdiction beyond the three nautical mile limit because it was essential that such claims be mutually recognized and accepted by all countries. In line to the ocean subject matter, the 1982 United Nations Convention on the law of the Sea (UNCLOS) provides a comprehensive regime for marine zones and jurisdiction, including air space, conservation and management of marine living resources, protection and preservation of the marine environment, marine scientific research, management of seabed resources, and procedures for dispute settlement.
Indonesia has been well known as a wide and rich country in term of its natural resources namely tropical rain forest resources, mineral and oil and natural gas, as well as biological diversity, contained therein side the territory. In addition, Indonesia is also known as a thousand islands country due to its total of more then 17.000 large and small islands within the territory of Indonesia. It is also recorded that Indonesia has a total of 81.000 kilometer coastal line length and more then 6 million kilometer square of marine zone and territory of the sea It is, therefore, Indonesia can be categorized as an archipelagic State based on the 1982 United States Convention on the Law of the Sea (UNCLOS 1982).
However, it become an academic fact that law of the sea and maritime law has been less paid into account and attention by academics and scholars and the Government as well in the country if compared to the other fields of law namely economic and business law, criminal law, private law, environmental law, constitutional law, administrative law, criminal law, forestry law, and mining law as well. It is, therefore, the paper attempts to examine and comprehensive explore perspectives of maritime law with starting from aspect of ideology of the State and the existing laws that particularly regulating coastal and marine resources, and to continued to the explanation of basic principles dimension that should taken in account in the level of law and policy making, implementation and enforcement as well concerning coastal and ocean resources control and management in the country.
*Professor of Law Faculty of Law Brawijaya University (firstname.lastname@example.org)