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KEDAULATAN ATAS WILAYAH LAUT NEGARA TIMOR–LESTE BERDASAR PERSPEKTIF HUKUM INTERNASIONAL
Abstract
The implications of the separation of East Timorese from the Republic of
Indonesia has an impact on issues which until now has not resolved the border issue,
especially land, sea, or air, that are legally national and international legal status is
unclear. With the separation of East Timor from the Republic of Indonesia, the MPR
decree issued in 1999 which revoked the decree of the MPR is not VI/1978 about the
integration of East Timor into Indonesia, East Timor's legal status has changed and no
longer part of the unitary state of Indonesia. The legal status of East Timor will be further
regulated by the United Nations, between Indonesia and Portugal based on the Treaty in
New York on May 5, 1999, Agreement between Republic Indonesia and the Republic of
Portugal on the Question of East Timor.
For the proposed formulation of the problem is how to determine the limits of
state authority in the territorial sea under international law and how the territorial sea
boundary setting Timor-Leste after independence in 1999. This study aims to identify and
analyze the extent to which the territorial sea boundary setting Timor-Leste and what
obstacles encountered and of state authority in determining the maritime boundary under
international law. Types of research used in this study is a research library, and continued
with emperis legal research, legal research, said normative, because this research will
utilize secondary data, which will then be followed by empirical research.
The absence of an agreement on sea borders between the two countries, still
waiting for settlement of disputes due to the boundaries of land which includes the five
segments in Belu district and the East North Central. Five points are still disputed land
areas between Indonesia and Timor Leste in Kupang district Noelbesi ie, Bijaelsunan and
Oben in North Central Timor District (TTU) and Malibaka in Belu district. Sea
boundaries a difficult set the Enclave Ambeno Oeccuse because it lies within the territory
of Indonesia. The fact that the distance between the Democratic Republic of Timor Leste
and Indonesia, precisely in the area of East Alor estimate did not reach 12 miles, as
defined in UNCLOS in 1982, then in determining the boundaries of both countries, will
use the measurement of the median line (center line) , means that, if the distance between
the Democratic Republic of Timor Leste and Indonesia is only 11 miles will not cover the
possibility that the Democratic Republic of Timor Leste and Indonesia to get five miles to
get five miles, while the remaining miles, used as a free zone (high sea).
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