Indonesian Territorial Sovereignty

Preliminary

One of the essential elements of a country is the control of the territorial area where
the law of the country runs. From this region, the highest authority is given to the country
concerned. Thus, the concept of territorial sovereignty emerged which means that in the
territorial area jurisdiction is exercised by the state over people and property. Each country in
principle has full sovereignty over its territory, be it land, water or air where the applicable
law is the national law of each country. The boundaries of a country are regulated based on
an agreement or agreement made by two or even more countries whose territories are
adjacent. The state has jurisdiction, rights and authority to establish its own laws within its
sovereign territory. This jurisdictional problem arises because in the international community,
each country is a sovereign member. In addition, the life relations that prevail in the
international community occur beyond the boundaries of a country. Sovereignty in relations
between states signifies independence with respect to a part of this earth so as to exercise in it
without interference from other countries.

The territorial principle is one of the principles used to underlie state jurisdiction over
people, actions and objects. This principle stipulates that state jurisdiction applies to people,
actions and objects in its territory. This condition indirectly causes all objects in the territory
of a country to be subject to the power and law of the country concerned. Sovereignty is the
most important attribute for a country. The principle of sovereignty in the United Nations
Charter is one of the most important basic principles and is respected especially in the equal
position of rights between countries in the world. Sovereignty when viewed from the aspect
of the territory of a country means that the country has full power to exercise its territorial
rights within the boundaries of the territory of the country concerned. Every country must
always try to defend its sovereign territory. In the context of international relations, each
country has accepted the principle of mutual respect for the sovereignty of a country.

Indonesia is an archipelagic country consisting of islands which are one unit including
waters which constitute an intrinsic geographical, economic, historical and political unity.
Indonesia is an independent and sovereign country, and has been recognized internationally.
Indonesia is one of the countries that is very prone to having its territory claimed by
neighboring countries or vulnerable to Indonesian territorial power. When viewed from the
cultural aspect, Indonesia still often experiences conflicts with neighboring countries related
to the nation's cultural heritage. Meanwhile, when viewed from the political aspect, the
political sovereignty of the Indonesian nation in regulating the governance of state life is still
very disturbed and often gets pressure from foreign powers.

The concept and realization of self and nation sovereignty often creates differences
and controversies in its meaning and realization. The sovereignty of the state also has
consequences for realizing the sovereignty of its people. Without a sovereign state, it is
difficult for the Indonesian people to realize their self-sovereignty to the fullest and with
dignity. On the other hand, a sovereign state without giving its people self-sovereignty space
will become an authoritarian practice of power. The founders of the nation have intelligently
formulated that the struggle to achieve political sovereignty from colonialism is a means or a
golden bridge to build and facilitate the welfare and security of the people without having to
sacrifice their sovereignty. This has been the basis for the founding fathers of the nation to
determine that the form of state chosen is a republic, not a monarchy and the highest
sovereignty rests with the people. The Indonesian state adheres to the rule of law so that
justice can be enforced in accordance with the aspirations of the people. Therefore, it is
important to understand the importance of state sovereignty and people's sovereignty in the
life of the nation and state in the Republic of Indonesia.

Formulation of the problem

Based on the background of the problem above, the problem is formulated, namely how is the
concept of territorial sovereignty of the Indonesian state?

Analysis

A. Definition of Sovereignty
Sovereignty can be used as a synonym for the term independence. Sovereignty is the
highest power to determine the laws of a country. The concept of sovereignty means the
highest government power in a country aimed at the interests of its citizens. Sovereignty
has both positive and negative meanings. Sovereignty in a negative sense means that the
State is not subject to the provisions of international law which has a higher status or any
power and from anywhere without the consent of the country concerned. Sovereignty in
a positive sense means that sovereignty gives its titular state to the state, the highest
leader of its state, this is what is called the full authority of a state.
 Based on the presence or absence of relations with other countries, sovereignty has
two meanings, namely internal and external sovereignty. Inward sovereignty is the
sovereignty of a country to regulate all the interests of its people without interference
from other countries. In the Preamble to the 1945 Constitution of the Republic of
Indonesia, this sovereignty is reflected in the state's objectives, namely to protect the
entire Indonesian nation and the entire homeland of Indonesia, as well as promote public
welfare and educate the nation's life. While external sovereignty is the sovereignty of a
country to establish relations or cooperation with other countries in the interests of the
nation and state. This relationship and cooperation is of course for the common good.
This also indicates that the Indonesian state has an equal position with other countries.
B. Principles and Aspects of State Sovereignty
The state is called sovereign because sovereignty is an essential trait or characteristic
of a state. The principle of state sovereignty stipulates that a state has power over a
territory or territory and the rights that then arise from the use of territorial power. The
principle of state sovereignty emphasizes that it is forbidden to interfere with the
existence of other countries. When a country is said to be sovereign, it means that the
country has the highest power. However, this supreme power has limitations. The space
for the validity of this supreme power is limited by the boundaries of the territory, which
means that power is limited to the territory of the country that has that power and power
will end when the power of another country begins.
In international law, state sovereignty and equality between countries are concepts
that are recognized and form the basis for the operation of the international legal system.
Based on the concept of international law, sovereignty has three main aspects, namely:
1. The external aspect of sovereignty is the right for each State to freely determine its
relationship with various countries or other groups without pressure or supervision
from other countries.
2. The internal aspect of sovereignty is the exclusive right or authority of a state to
determine the form of the institution, the workings of the institution, and the right to
make the laws it wants, as well as the actions to comply.
3. The territorial aspect of sovereignty means the full and exclusive power possessed
by a State over the individuals and objects contained in the territory.
C. State Sovereignty as a Basic Concept of International Law
The most impressive philosophical teaching about sovereignty is that sovereignty is
absolute power over a certain territory. Absolute power over the territory became the
 basis for the formation of the state. An understanding of the concept of state sovereignty
is very helpful in observing and evaluating the state's position in the context of very
dynamic international relations. Sovereignty as a concept that refers to the main and
highest power to decide can be analyzed and qualified based on the perspective/point of
view of the opposing elements (diametric), namely the rule of law or political
sovereignty; internal or external sovereignty; single sovereignty or divisible sovereignty;
sovereignty of the government or the people. The concept of sovereignty is concerned
with the relationship between political power and other forms of authority. Sovereignty
can be understood by observing that; first, political power is different from other
organizational frameworks or authorities in society such as religious, familial and
economic; second, sovereignty asserts that this kind of public authority is autonomous
and very broad (autonomous and preeminent) so that it is superior to existing institutions
in the society concerned and independent or free from outside parties.
In international law, state sovereignty and equality between countries are concepts
that are recognized and form the basis for the operation of the international legal system.
International law has traditionally recognized that the state as an independent and
sovereign entity, means that the state is not subject to any other authority (Miguel
González Marcos, 2003: 1; Martin Dixon & Robert Mc. Corquodale, 2000,: 248).
Sovereignty and equality of the state are attributes attached to an independent state as a
subject of international law. Recognition of state sovereignty and equality between states
is also the basis for state personality in the international legal system. Sovereignty
underlies several rights recognized by international law such as; the right to equality
Sovereignty is a very important concept in the domestic and international legal
order, and is the point of intersection between the two systems of legal order. State
sovereignty is one of the foundational norms in the international legal system.
Consequently, the concept of a sovereign state as a unitary authority that is not subject to
any party is a buffer for the international legal system that upholds the principle of non-
intervention and state consent. However, in recent discourse and practice the concept of
state sovereignty has undergone changes; so that state sovereignty in an absolute sense
can no longer be maintained.
D. Acquisition of Sovereignty According to International Law
Traditionally, there are five ways that can be done by the state to gain sovereignty
over a territory. The five ways are by occupation; prescription (prescription); cessi
(cession); accretion and conquest. Occupation is a concept that originates from and is
 based on hegemony. However, after the end of World War II and the establishment of
the United Nations International Organization, a new international paradigm and
framework has emerged that challenges and replaces traditional views in interpreting the
ways in which a country gains sovereignty over a region (Jenik Radon, 2004). : 195).
New countries that were born from the process of liberating themselves from their
colonizers have emerged as stakeholders in international relations and international
organizations of the United Nations. The process of empowerment through independence
from the colonial state has received strengthening and affirmation from the United
Nations.
Since the establishment of the international organization of the United Nations, it is
necessary to point out several important matters relating to traditional ways of acquiring
territorial sovereignty by states as follows: First, modern international law, especially
since the establishment of the United Nations, has prohibited the use of force in
international relations as affirmed in the UN Charter. The acquisition of sovereignty over
a certain territory through violent conquest is an unjustifiable and illegal way. The
acquisition of sovereignty over a certain territory that occurred before the establishment
of the United Nations was determined based on intert-temporal law. Second, the
acquisition and application of sovereignty by a country over a certain area is governed by
and based on the right of self-determination. Third, within the framework of
contemporary international law, the use of violent means in international relations cannot
be justified; except, in certain cases that are based on strong and valid reasons according
to international law.
E. Legal Certainty on the Territorial Sovereignty of the Republic of Indonesia
As a sovereign country, Indonesia has the right to regulate all domestic and foreign
affairs. Indonesia, which is fully sovereign over its territory, has an obligation to
maintain its territorial integrity. Territorial sovereignty owned by Indonesia covers land,
sea, archipelagic and air areas above the territory of Indonesia (Constitution of the
Republic of Indonesia, 1945). The determination of Indonesia's territorial sovereignty is
one of the qualifications of the state as a legal subject in international law as determined
by the Montevideo Convention, 1933, Article 1. According to the Montevideo
convention, the state must have territory. The concept of territorial unity as the basis for
determining definite boundaries. Thus, it is important for Indonesia to determine the
boundaries of land and sea areas, including determining the continental shelf and
 exclusive economic zones. Determining the boundaries of a country's territory can be
stated in an international agreement (treaty) or through an international court decision.
The process of a country in determining the boundaries of land and sea areas begins
with delimitation activities. The delimitation activity is to determine the territorial
borders of each country. After the delimitation is complete, the next process is the
demarcation activity. The demarcation activity is the activity of marking the boundaries
of the country's territory. Signs of state boundaries can be in the form of placing stakes,
large stones, guard posts, or natural signs such as rivers, lakes, or mountains. Meanwhile,
for archipelagic areas such as Indonesia, the boundaries and determination of small
islands entering the territory of Indonesia or entering the territory of neighboring
countries need to be determined jointly or often referred to as delimitation negotiations.
The process of determining the delimitation is then followed by demarcation.
Delimitations and demarcations are outlined on a map with precise coordinate lines. The
island border map is included in detail and it is explained that this island border map is
an appendix to the treaty. This map is used as evidence of border areas between related
countries and is an integral part of international agreements made for the purpose of
determining territorial boundaries between related countries.
To determine territorial sovereignty over the entire territory, including small islands,
in Indonesia it is not enough to just delimit and demarcate but must be followed by
effective occupation or actual occupation of the territory. The goal is that neighboring
countries cannot claim to the islands in Indonesia that have not been controlled de facto
and de jure so that we do not lose the islands again.
F. Examples of Application of Indonesian Territorial Jurisdiction for Marine Areas
Jurisdiction is closely related to legal matters, especially the power or authority
possessed by a judicial body or other bodies based on applicable law. It also includes the
limits of the scope of that power to make, implement, and apply the Law to those who do
not obey it. Although jurisdiction is closely related to territory, this connection is not
absolute. According to Rebecca MM Wallace, jurisdiction is an attribute of the
sovereignty of a State. The jurisdiction of a country refers to the competence of that State
to regulate people and property by its national laws. This competence includes
jurisdiction to determine (and prohibit) to adjudicate and enforce the Act. Jurisdiction
can be divided into two parts, namely, Civil Jurisdiction and Criminal Jurisdiction.
According to the principle of territorial jurisdiction, the State has jurisdiction over all
matters and events within its territory. This principle is the most established and
important principle in International Law. According to Judge Lord Macmillan, a country
has jurisdiction over all persons, objects, criminal or civil cases within its boundaries as a
sign that the country is sovereign.
The Territorial Sea Jurisdiction arose out of the need to suppress piracy and to
promote shipping and trade between States. This principle allows a state to extend its
jurisdiction beyond its coastal boundaries for security reasons. Conceptually, the
territorial sea is an extension of the land territorial area. The sea is the most extensive
part on this earth, not a few of the countries in the world that depend on marine potential,
this is recognized by the existence of territorial jurisdiction as an Indonesian marine area.
The law of the territorial sea affirms the status of the territorial sea based on the legal
status of the territorial sea, the air space above the territorial sea and the seabed and the
land below it.
a) The sovereignty of a coastal state other than its land area and inland waters and in the
case of an archipelagic state, its archipelagic waters also includes a sea lane bordering
it which is called the territorial sea.
b) This sovereignty includes the air space above the territorial sea and the seabed and
subsoil thereof.
c) Sovereignty over the territorial sea is exercised subject to the provisions of this
Convention and the relevant rules of international law.

All of them are part of the territory of the coastal state, and therefore, are subject to the
sovereignty of the coastal state. In the event that a country is an archipelagic state, its
territory and sovereignty also includes its archipelagic waters (archipelagic waters).
However, the exercise of its sovereignty must comply with the provisions of the
Convention and other international legal regulations.

The 1982 International Law of the Sea Convention (UNCLOS) article 16 paragraph (1)
regulates the territorial sea. The drawing of the baseline to measure the breadth of the
territorial sea must be in accordance with the provisions of the straight baseline, the
mouth of the river and the bay or the boundary line resulting from these provisions and
the boundary line drawn in accordance with the berth in the middle of the sea. The
application of the boundaries of the territorial sea between countries whose coasts are
opposite or adjacent must be listed on a pet with a scale or scales adequate for the
determination of its position line. International Law of the Sea, the boundaries of the
continental shelf, and if the boundaries of the exclusive economic zone between two
 neighboring countries overlap, then the lines connecting points that are equidistant from
the baselines of the two countries are designated as boundaries.

The International maritime convention stipulates that in a sea lane located outside and
adjacent to its territorial sea, which is called the Exclusive Economic Zone, in this
territory a country has sovereign rights and jurisdiction in it (sovereign rights). The
Exclusive Economic Zone is an outer area adjacent to the territorial sea, in this zone there
are rights, jurisdictions and obligations of the coastal state, such as sovereign rights for
the benefit of exploration and exploitation, conservation and management of natural
resources, both living and non-living. The exclusive economic zone is an area outside and
adjacent to the territorial sea,

Conclusion

Sovereignty is not a static fact or condition. Sovereignty is more of a process or a series

of actions and processes. A sovereign state must have the capacity to coordinate and maintain
physical, cultural, economic, political, and/or disintegration into many non-state actors so that
it undergoes a process and transforms into a failed state (a failed state). . Sovereignty is
expected to increase the spirit of community nationalism in living the life of the nation and
state. Every society is expected to know and interpret the principles and concepts of
sovereignty itself. Other than that,
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