Name : Odet Rehan Bahreni
NIM : 02011282227189
Class : A Indralaya Subject : Law Maritime
Analysis of the Rempang Island Case Based on Law Number 23 of 2014 Rempang Island has become the center of public attention because of the polemic regarding the relocation of Rempang Island aimed at the Rempang Eco City Project by the Batam Administration Agency (BP) and PT. Makmur Elok Graha (MEG). According to Coordinating Minister for Economic Affairs Regulation Number 7 of 2023, the Rempang Eco City Project is an integrated industrial and tourism area registered in the 2023 National Strategic Program with the aim of encouraging competitiveness with Singapore and Malaysia.
Based on the perspective of Law Number 23 of 2014 concerning Regional Government, the Rempang Eco City Project is one of the special areas as regulated in Article 1 Paragraph 42 of Law Number 23 of 2014 which states that "Special Areas are parts of areas within provincial regions and/ or Regency/city areas determined by the Central Government to carry out special government functions for the national interest as regulated in the provisions of statutory regulations." The Rempang Eco City Project is a National Strategic Program which aims to build industrial and tourism areas which are regulated based on Coordinating Minister for Economic Affairs Regulation Number 7 of 2023.
During the implementation of the Rempang Eco City Project, various conflicts between indigenous communities, PT. MEG, and the Local Government regarding regional relocation. PT. MEG, in building the Rempang Eco City Project, relocated the Rempang Island community around 17 hectares or the entire land on Rempang Island. Regional relocation carried out by PT. MEG in building the Rempang Eco City Project has drawn various protests from indigenous
communities in Pulang Rempang. The local community rejected the relocation of the area as a form of defending the cultural values of the local indigenous community, which caused conflict between the Rempang Island community and the local regional government.
Conflict between the people of Rempang Island, PT. MEG, and the local regional government are based on a misunderstanding regarding the status of the Rempang Island area. In 2002, Land Rights on Rempang Island were granted to private companies based on Presidential Decree Number 41 of 1973 concerning the Batam Island Industrial Area in Article 6 Paragraph (2) stating that the entire area on Batam Island was handed over with management rights to the Chairman of the Batam Authority. In 2022, foreign investors will begin to enter, causing confusion between the indigenous communities on Rempang Island, PT. MEG, and Local Regional Government. On September 7 2023, a conflict occurred between the Rempang Island indigenous people and PT. MEG regarding Land Rights on Rempang Island. The conflict was declared a violation of Human Rights.
Pros and Cons regarding Land Rights regarding Rempang Island arise in the community. People who are pro towards the development of the Rempang Eco City Project consider that the Rempang Eco City Project is able to increase national development by utilizing resources, both natural and human resources. Meanwhile, people who are against the Rempang Eco City Project believe that the rights to communal land on Rempang Island are still valid while the people live on the island.
So how does the local government participate in dealing with the Rempang Island conflict? Based on Article 25 Paragraph 1 of Law 23 of 2024, part d states that "handling social conflicts is in accordance with the provisions of statutory regulations" part e states that "implementing the duties of Regional Government to resolve problems that arise by paying attention to the principles of democracy, human rights, equality , justice, privileges and specialties, potential and regional diversity in accordance with the provisions of statutory regulations.” Thus, the local regional government should participate in resolving the conflict between the Rempang Island indigenous people and PT. MEG adapts statutory provisions,
especially Human Rights based on Law Number 39 of 1999 concerning Human Rights. Article 6 states that the enforcement of human rights over the cultural identity of customary law communities, including rights to customary land, is protected in line with current developments.
Analysis of the Regulations for the Division of Batam and Singapore Islands Astronomically, the administrative area of Batam City has geographic coordinates of 0°25'29” to 1°15'00” North Latitude and 103°34'35” to 104°26'04”
East Longitude. Geographically, the administrative area of Batam City borders one country and three districts in Indonesia. To the north, the Batam City area borders the Singapore Strait, to the south it borders Lingga Regency, to the West it borders Karimun Regency, then to the East it borders Bintan Regency. The location of Batam City is very close to Singapore, the travel time from Batam City to Singapore using sea transportation is only 40 minutes with a distance of around 25 Km.
The boundary between Batam Island and Singapore relates to the maritime boundaries regulated in the agreement between the Republic of Indonesia and the Republic of Singapore concerning the Determination of the Maritime Boundaries of the Territories of the Two Countries in the Eastern Part of the Singapore Strait which refers to the 1982 UN Convention on the Law of the Sea. in the Singapore Strait which was signed in Jakarta on 25 May 1973 and the Agreement on Determining the Regional Maritime Boundary Line in the Western Part of the Singapore Strait which was signed in Jakarta on 10 March 2009.
The sea boundary between Batam City and Singapore only stretches 5.1 miles, which is less than the stipulated 12 miles. The sea border between Indonesia and Singapore is the narrowest area among the sea borders between Indonesia and other neighboring countries. So what are the regulations regarding the maritime border between Batam City and Singapore? The determination of the maritime boundary line between Batam City and Singapore is regulated based on Law Number 7 of 1973, with a total of six coordinate points drawn from the western to
the eastern part of the Singapore Strait. Then, this regulation was updated with Law Number 4 of 2010 concerning Ratification of the Agreement between the Republic of Singapore Concerning the Determination of the Boundary Line of the Singapore Strait, by establishing a total of four coordinate points drawn from the western to the eastern part of the Singapore Strait. Based on these regulations, it was agreed to divide into 2 segments, namely the western segment and the eastern segment. The western segment is in the Nipa-Tuas Island region, while the eastern segment is divided into two, namely the eastern segment 1 in the Batam-Changi Island region and the eastern segment 2 in the Bintan-South Island region.
The applicable laws and regulations based on international agreements are the legal basis regarding the division of territory between Batam City and Singapore, which only has 5.9 miles. The division of the area is the result of a bilateral agreement between the Indonesian Government and the Singapore Government.
The bilateral international agreement between the Indonesian Government and the Singapore Government is an action to anticipate conflict between Indonesia and Singapore. Apart from that, this agreement is useful for tightening world peace.
Thus, it is hoped that the Indonesian Government and the Singapore Government will continue to maintain close relations regarding cooperation, especially in the maritime sector.
