Skr - FH
PERLINDUNGAN HUKUM TERHADAP LAUT WILAYAH TIMORLESTE BERDASARKAN HUKUM INTERNASIONAL
ABTRACT
Implications of the separation of East Timor from the Republic of Indonesia has an impact on issues which until now has not been settled primarily border issues land, sea, or air which is legally the 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 no VI/1978 about the integration of East Timor into Indonesia territory, the legal status of East Timor has been 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 that is based on the Treaty in New York on May 5, 1999, Agreement Between the Repoblic of Indonesia and the Portuguese Republic on the Question of East Timor. For the formulation of the problem raised is how the authority of a country to determine the limit of the territorial sea under international law and how the territorial sea boundary setting of Timor-Leste after independence in 1999. This study aims to identify and analyze the extent to which the territorial sea boundary setting of Timor-Leste and what are the obstacles faced and the authority of a country in determining the maritime boundary under international law. Types of research used in this study is library research, and continuing with emperis legal research, said the normative legal research because this research will make use of secondary data, which would 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 Enclave and exclave 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 the Eastern District of Alor estimate did not reach 12 miles, as determined in the UNCLOS in 1982, then in determining the boundaries of both countries, will use the measurement of the median line (center line), mean that if the distance between the Democratic Republic of Timor Leste and Indonesia is only 11 miles it will not close the possibility that the Democratic Republic of Timor Leste and Indonesia to get five miles to get five miles, while the remaining one mile, is used as a free zone (high sea).
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