Name: Ilham Akbar NIM: 02011282227203 Class A Indralaya
Analysis of the Rempang Island Case in Relation to Law Number 23 of 2014 and Analysis of the Boundary Division Between Batam Island and Singapore
A. Analysis of the Rempang Island Case in Relation to Law Number 23 of 2014 concerning Regional Government
Based on Law Number 23 of 2014 concerning Regional Government, it regulates regulations relating to 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 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."
Rempang Island is a special area located in the Riau Islands with an area of 16,583 hectares consisting of two sub-districts, namely Rempang Cate and Sembulang. According to the Central Statistics Agency, the total population of Rempang Island is around 7,512 people with 16 old villages consisting of the traditional Old Malay, Orang Laut and Orang Darat communities. Rempang Island has become the center of public attention because of the polemic regarding the Rempang Island land dispute aimed at the Rempang Eco City Project by the Batam Stewardship Agency (BP) and PT. Makmur Elok Graha (MEG).
The Rempang Eco City project is a special area based on Coordinating Minister for Economic Affairs Regulation Number 7 of 2023 as an integrated industrial and tourism area registered in the 2023 National Strategic Program with the aim of encouraging competitiveness with Singapore and Malaysia. The
Rempang Eco City project has attracted various opinions 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.
On September 7 2023, a conflict arose between the Rempang Island indigenous people, PT. MEG, and the Local Government regarding the Rempang Island land dispute carried out by PT. MEG. The indigenous people of Rempang Island reject the land dispute carried out by PT. MEG argues that they are entitled to ulayat land rights in order to maintain local cultural values.
Meanwhile, PT. MEG has Individual Land Rights which have been granted by the Government based on Presidential Decree Number 41 of 1973 concerning the Batam Island Industrial Area which states that all areas on Batam Island are handed over with management rights to the Chairman of the Batam Authority.
Thus, the competent Regional Government is expected to make decisions wisely by weighing the land rights of the Rempang Island community and the individual land rights of PT. MEG. These considerations can be carried out based on Law Number 23 of 2014 concerning Regional Government. Article 25 Paragraph 1 of Law 23 of 2024 states that local regional governments must be able to handle social conflicts and resolve problems that arise by taking into account the principles of democracy, human rights, equality, justice, privileges and specialties, regional potential and diversity in accordance with the provisions of statutory regulations. -invitation.
B. Analysis of Regional Boundary Division Regulations Between Batam Island and Singapore
Batam Island is an island with an area of 415 km2 located northeast of the island of Singapore. Batam Island is a rapidly developing industrial area on the Malacca Strait trade route which borders Singapore. The sea border between
Batam Island and Singapore is only 5.1 miles long. This size is certainly not in accordance with the provisions of international maritime law which states that a country's maritime boundaries are around 12 miles. This is of course a feud between the two countries concerned, namely, Indonesia and Malaysia.
In dealing with disputes regarding maritime boundaries between Batam Island and Singapore, an International Agreement on maritime boundaries between Indonesia and Singapore was implemented regarding the Determination of Maritime Boundary Lines for the Territories of the Two Countries in the Eastern Part of the Singapore Strait. The international agreement on maritime borders between Indonesia and Singapore regulates the territorial boundaries between Batam Island and Singapore. The international agreement on maritime borders between the Republic of Indonesia and the Republic of Singapore was signed on May 25 2010 by representatives of the two countries concerned, namely, Indonesia and Singapore. The international agreement on Borders and Maritime Dispute Resolution between the Republic of Indonesia and the Republic of Singapore refers to the United Nations Convention on the Law of the Sea, 1982.
The international agreement on the border between Indonesia and Singapore establishes maritime boundaries between the two countries around Batam Island and Bintan Island in Indonesia and Tuas Island in Singapore. This agreement includes the delimitation of maritime boundaries and the resolution of disputes related to the waters around the island by dividing it 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 regulation of territorial maritime boundaries between Indonesia and Singapore is regulated based on Law Number 4 of 2010 concerning Ratification of the Agreement between the Republic of Singapore Concerning Determination of the Boundary Line of the Singapore Strait. The determination of the maritime boundary line between Indonesia and Singapore is carried out
by the Government of the Republic of Indonesia with the aim of providing legal certainty regarding the sovereign territory of the Unitary State of the Republic of Indonesia. Regarding Indonesia's interests in the region, apart from that, the territorial maritime boundary arrangements between Indonesia and Singapore are also regulated through agreements between Indonesia and Singapore.
The international agreement regarding the maritime border between Indonesia and Singapore is the basis of international law which is used as a reference in resolving disputes between Indonesia and Singapore regarding the maritime boundary between Batam Island and Singapore. The international agreement regarding the maritime border between Indonesia and Singapore is able to become a source of international law regarding the rules regarding maritime law, especially for the analysis of cases that occur in the local area.
Thus, the international agreement regarding the maritime border between Batam Island and Singapore is able to create legal rights and obligations between the countries of both parties which are in accordance with international principles by reflecting efforts to mutually benefit both parties.
