283
Djuanda Declaration in the process of acknowledging Indonesia's maritime territory in the International World (1957-1982)
Metrahultikultura; Yogyakarta State University, Indonesia Risky Setiawan; Yogyakarta State University, Indonesia
Abstract: The purpose of this writing is to review more deeply the factors that motivated the government of the Republic of Indonesia to issue the Djuanda Declaration in 1957, the Indonesian government's efforts to fight for the Djuanda Declaration to be recognized by the international community. The method in this research is the historical /historical method. As for the steps of the historical method are heuristics, source criticism which is divided into external and internal criticism, interpretation and historiography. This research uses a geographical, political, and economic approach through literature study. The results of the study revealed that geographical, historical, political, economic, social, as well as defense and security aspects were factors in the issuance of the Djuanda Declaration in 1957. The issuance of the Declaration was not immediately accepted by the international community, but had to be fought for by the governments of President Soekarno and President Soeharto until finally The United Nations Convention on the Law of the Sea recognized this Declaration in 1982.
With the Djuanda Declaration, the territorial waters, land and air along with Indonesia and all of its contents stretching from Sabang to Merauke became integrated into the Unitary State of the Republic of Indonesia.
Keywords: Djuanda Declaration, historical method, UN Convention on the Law of the Sea
Citation: Metrahultikultura, M., & Setiawan, R. (2023). Djuanda Declaration in the process of acknowledging Indonesia's maritime territory in the International World (1957-1982). Social Sciences, Humanities and Education Journal (SHE Journal), 4 (2), 1 – 15.
Copyright ©2023 Social Sciences, Humanities and Education Journal (SHE Journal)
Published by Universitas PGRI Madiun. This work is licensed under the Creative Commons Attribution- NonCommercial-ShareAlike 4.0 International License.
284 approximately 18,108 islands consisting of large and small islands. These islands include the island of Sumatra, Java island, Kalimantan island, Sulawesi island, the Maluku Islands, the western part of Papua Island (Sulistiyono, 2007).
Indonesia is also called archipelago state or the archipelago country because its archipelago is located along the equator surrounded by oceans and is located on 60 LU-110 LS as well as 950 BT-1410 The coast is about 81 thousand kilometers long, and two thirds of the area is sea and river waters (Anshoriy & Arbaningsih, 2008) .
Historian Dennis Lombard argues that what appears to be a dividing sea is actually a unifying force between the islands. The relationship between economy and culture is more intense between coasts than between regions within an island. This has been proven in the Indonesian archipelago because long ago the bustling area was the coast (Hamid, 2013). It is the existence of ports in the coastal area that connects between regions in Indonesia as an archipelagic country.
As an archipelagic country, the Indonesian government should pay attention to the marine aspect which is the main element of Indonesian territory.
Thus, the Indonesian government issued the Djuanda Declaration which contained the concept of archipelagic insight on December 13, 1957, which in essence became a supporter of the concept of national unity and integrity. According to this basic idea, the sea between and around the Indonesian islands is no longer seen as a national divider and separator, as in the colonial era, but must be used as a means of unifying the nation (Djalal, 2007).
Indonesian territory but as part of the high seas that everyone could use. After the proclamation of independence of the Republic of Indonesia, these regulations have not changed. Even the Netherlands has not even recognized Indonesia as an independent country. Dutch recognition of Indonesian sovereignty occurred through the Round Table Conference on December 27, 1949. However, at that time, Indonesia's territory was not fully sovereign because Indonesia was still facing upheaval from within the country.
One of the obstacles to realizing national unity included the failure of West Irian to come under Indonesian control because at that time Indonesia was only recognized as an island nation, meaning that only its land was recognized while its sea was still considered a free sea so that Indonesian waters were very free for warships to navigate. foreigners (Djalal, 2001). The law of the sea that applies in the territory of Indonesia isSea and Maritime Circles Ordinance1939 or the Maritime and Maritime Rim Ordinance). According to these regulations, the sea in question is 3 miles around an island. So the territory of the Republic of Indonesia at that time was still in the form of islands whose territory was only 3 miles around the island (Lapian, 2007).
The Indonesian government is trying to claim the rights of the sea area which should be integrated into the Republic of Indonesia. This desire is getting stronger because the British state whose territory consists of islands has been recognized by the international community as an archipelagic country. Archipelagic state based on the decision of the United Nations Convention on the Law of the Sea orUnited Nation Convention on the Law
285 and Sea (UNCLOS) is a country that consists entirely of a group of islands, the waters that exist between the group of islands and the natural features that are in them become a single territorial unit (Lemhannas, 2000). It took 25 years to struggle to change the law of the sea in Indonesia until the international community recognized the Djuanda Declaration through the 1982 United Nations Convention on the Law of the Sea.
The Djuanda Declaration is a very important and interesting historical event to discuss. The Djuanda Declaration is an attempt by the Indonesian government to integrate Indonesian territory by implementingthe base of the archipelago. According to the Oxford English Dictionary (in Hamid, 2013) saysarchipelago derived from the termarci which meanchief (head or main),principal (basic) and wordpelagos(sea). so the meaning of the termarchipelago is a sea surrounded by a group of islands, not a group of islands surrounded by sea. So in more depth it can be understood that the Djuanda Declaration means that in fact Indonesia is a maritime country because the sea element is wider than the land. But in reality the Indonesian people are still more concerned with the land and pay less attention to the sea.
In addition, the Djuanda Declaration did not only integrate Indonesia's territory regionally. In terms of ethnicity and culture, the existence of the high seas between islands in the Republic of Indonesia is very strange. However, residents of one island with other islanders remain one nation. How can a sovereign state be separated as a barrier on the high seas (Utomo, 2007). Of course this is prone to causing divisions considering the very diverse ethnic and cultural groups that exist in Indonesia if
regionally it is limited by free seas even though it is still within the scope of the territory of the Republic of Indonesia.
Another result is the obstruction of political stability, defense and security and economic progress.
Interesting discussions about the Djuanda Declaration can still be found when discussing defense and security perspectives. With this declaration, Indonesian waters become wider, in which there are the Greater Sunda Islands and the Lesser Sunda Islands and tens of thousands of other small islands.
These small islands have not received serious attention from the government, even though they can be used to overcome the unequal distribution of the population as well as to develop Indonesian territorial waters with the strength of its own natural resources and carry out an Indonesian populist- oriented agro-maritime socio-economy (Anshoriy & Arbaningsih , 2008).
The Djuanda Declaration is actually a very important event in the history of the Republic of Indonesia which teaches a lesson about the importance of the sea with all the wealth contained therein for the Republic of Indonesia. However, the Djuanda Declaration almost escaped public attention and many people were not aware of it. The notion that developed in the community that the Djuanda Declaration was one of the many policies issued by the government of Prime Minister Djuanda so that many people did not understand the meaning of this policy (Lapian, 2007). Until now the Djuanda Declaration has not been widely discussed in depth so that until now people understand much more about the events of the Youth Pledge and the Proclamation of Independence than the Djuanda Declaration. In fact, all three are important events in the process of integration of Indonesia's territory.
286 Therefore, here the author will write an article that discusses in detail the Djuanda Declaration with the title Djuanda Declaration in the process of recognizing Indonesia's maritime territory in the international world (1957-1982).
METHODS
The method in this study is the historical method(historical). A method is a procedural process, or a systematic technique in conducting an investigation or a particular scientific discipline to obtain the object (material) under study (Sjamsuddin, 2007). Meanwhile, according to Garraghan, the method is a way to do or do something in a planned and orderly system. While history has the equivalent meaning of the word in English“history” which means the past of mankind (Hugiono and Poerwantana, 1987). Gottschalk (1985) directly provides an understanding of the historical method, which is a process for examining, critically analyzing records of past legacies. The steps in the historical method are heuristics, source criticism which is divided into external and internal criticism, interpretation and historiography. This research uses geographical, political, and economic approaches through literature study.
RESULT AND DISCUSSION
The concept of the Djuanda Declaration and the Archipelagic Outlook
The term declaration according to the Big Indonesian Dictionary (KBBI) is a concise and clear statement regarding a matter.
Regarding the declaration, the Indonesian government issued a Declaration on December 13, 1957, which is better known asJuanda Declaration. The Djuanda Declaration is a statement issued by the Indonesian government led by Prime Minister Ir. H.
Djuanda Kartawidjaja. Prime Minister Djuanda announced the long-term
position of the Unitary State of the Republic of Indonesia which has strategic interests for the Indonesian people to promote development and strengthen national unity (Djalal, 2001).
The strategic meaning of the Declaration, according to Muchtar Kusumaatmadja, is a declaration to the world that the Indonesian seas include the seas around, between and within the Indonesian archipelago which are the unitary territory of the Republic of Indonesia.
The same thing was expressed by Bambang Budi Utomo that the Djuanda Declaration is a statement of provisions regarding the territory of the Republic of Indonesia, the islands and seas between which must be considered as an inseparable unit (intact) (Utomo, 2007).
The issuance of the Djuanda Declaration gave birth to the conception of the archipelago insight. Insight of the archipelago in the 1998 GBHN (Outline of State Policy) is the perspective and attitude of the Indonesian people towards themselves and their environment by prioritizing national unity and territorial integrity in the administration of social, national and state life, including realizing the archipelago as an economic, political, social area. culture, defense and security units (Anshoriy & Arbaningsih, 2008).
Factors that formed the background for the Indonesian government to issue the Djuanda Declaration in 1957 Talking about countries is always related to the concept of borders. State borders are recognized as part of the country's history and the existence of the state is recognized. Therefore, the history of national borders cannot be separated from the birth or death of a country. The territory of Indonesia has land and/or sea borders with eleven countries, namely: Singapore, Malaysia, the
287 Philippines, Vietnam, Thailand, the People's Republic of China, Papua New Guinea, Australia, India, the Republic of Palau, and Timor Leste. The land boundaries of the territory of the Republic of Indonesia have been determined since the Dutch East Indies era as a result of agreements with neighboring colonial governments, namely with Spain/United States, Portugal and England (National Archive, 2007).
In contrast to land boundaries that have long been determined, the question of maritime area boundaries has not been considered. In other words, at the time of proclaiming independence, Indonesia only had land territory which was a legacy of the Dutch colonial government.
For the sea area it still appliesOfficial Gazette Number 442 of 1939 concerningTerritorial Zee en Maritime Kringen Ordinance or the Ordinance Regarding the Territorial Sea and the Maritime Circle which considers that the Indonesian sea is only 3 miles wide around an island. Thus in the middle of the Indonesian archipelago there are international sea pockets where foreign ships can operate. This unfavorable condition was later changed with the issuance of the Prime Minister Djuanda's Declaration dated December 13, 1957 or the "Djuanda Declaration" (National Archives, 2008). The Djuanda Declaration was not suddenly issued by the Indonesian government in a short time. The issuance of the Djuanda Declaration had been planned since the time of the Ali Sastroamidjojo Cabinet II, namely in 1956. In the Ali Sastroamidjojo Cabinet a special committee was formed which was tasked with drafting a law to replace the Ordinance Concerning the Territorial Sea and the Maritime Circle.
After experiencing a change of cabinet, the concept of the unification of
Indonesia's land and sea territories could only be finalized, and then officially announced by the Indonesian government through the new Prime Minister, Ir. Djuanda. After being issued by the Indonesian government, the Djuanda Declaration was then fought for international recognition.
The Djuanda Declaration was issued to unite Indonesia's land areas which had been separated by the sea so that there would no longer be free seas in the Indonesian archipelago. In addition to this, there are other factors from various aspects that make the government of the Republic of Indonesia issue a statement regarding Indonesian territorial waters, namely:
1. Considerations from Geographical Aspects
Indonesia is a country that is quite taken into account by the outside world from a geographical aspect. The Indonesian archipelago territory which is located from 60 LU-110 LS and 950 BT-1410 BT along the equator, and surrounded by sea. Indonesia's coastal area covers about 81,000 km2 and 2/3 of its territory is sea and water (rivers). Geographically Indonesia is located between the continents of Asia and Australia as well as the Pacific Ocean and the Indian Ocean, this situation makes Indonesia located in a strategic area and has abundant natural resources (Anshoriy &
Arbaningsih, 2008).
Indonesia has the geographical form of an archipelagic country, where thousands of islands are scattered in various patterns and have their own characteristics. To maintain territorial unity, all islands must become one unified whole. Based on these considerations, the government of the Republic of Indonesia made a statement that all waters around, between and
288 between these islands belong to the sovereignty of the Indonesian state (Subagyo, 2002). So that the inter-island sea is an inseparable part of the country, so that through the Djuanda Declaration the Indonesian government made regulations regarding Indonesia's maritime boundaries, namely 12 miles to protect Indonesian territory. With this regulation, small islands in Indonesian sea waters will be incorporated into the Unitary State of the Republic of Indonesia.
2. Considerations from Historical Aspects
Indonesia is an archipelagic country known since ancient times as a trade link between the western world and the eastern world. In this case, the western world includes trading areas to the west of the Malacca Strait, such as India, Iran, Egypt, and European countries, while the eastern world includes areas to the east of the Malacca Strait, such as China, Japan, and the Philippines. In the center of this area lies Indonesia and at the same time controls the Malacca Strait, which was the key to maritime trade between West and East during the Srivijaya and Majapahit kingdoms, for example (Sulistiyono, 2004). With this view, the sea is a unifying medium.
In the territory of Indonesia itself there are three core seas that become a link, namely the Java Sea, the Banda Sea and the Flores Sea. The three regions have a role asheartsea in the history of the Indonesian nation (Lapian, 1992).
control abilityeffective These three areas determine control of the entire territory of Indonesia as was done by the Majapahit Kingdom which placed the Java Sea as the core sea in uniting the small kingdoms that were part of its territory. Seeing the maritime conditions of Majapahit, the Dutch tried to divert the
orientation of the Indonesian nation to become land people as forced laborers.
Thus, the maritime spirit that has existed in the soul of the Indonesian people since long before the colonial period will slowly fade away. Meanwhile, the Netherlands could easily take over maritime control in Indonesia which has enormous maritime potential. This was proven because until independence, Indonesia's maritime territory was still governed by Dutch law until finally the awareness emerged from the Indonesian people about the need to unify the sea area to restore Indonesia's maritime glory in the past.
The struggle of the Indonesian nation in establishing sovereignty after independence did not happen on land, but in the sea. When the Linggarjati Negotiations were to be carried out, there was an incident at the port in Cirebon between the Dutch Navy and the Republic of Indonesia. The Gadjah Mada ship that was entrusted to invite the Dutch delegation was rejected, but blessednegotiation which was quite complicated, finally the delegation from the Netherlands accepted the offer to board the ship of the Republic of Indonesia heading to the port of Cirebon.
Although only looked asprotocol small, but it made the Queen of the Netherlands humiliated because she felt the Netherlands was moresuperior in the maritime field compared to Indonesia (Zuhdi, 2014). Indeed, if understood in more depth, this event demonstrated the success of the Republic of Indonesia's diplomacy at sea as well as raising the mentality of the Indonesian nation which was trying to gain recognition of sovereignty by the Netherlands, even though it was only on December 27, 1949 that the Netherlands recognized the sovereignty of the Republic of Indonesia.
289 The recognition of sovereignty does not mean that the struggle of the Indonesian nation is over. Indonesia continues to face domestic upheavals that arise in various regions. One reason is that there is still Dutch interference, especially in the West Irian issue because the Indonesian sea area, especially the Java Sea and the Banda Sea which are the core seas of the Indonesian state, are still freely traversed by foreign ships (Djalal, 2001). This situation is of course very detrimental to the Republic of Indonesia and it is time for the Indonesian government to find ways to strengthen the sovereignty of the Unitary State of the Republic of Indonesia.
The government's efforts to make the sea in Indonesia not as a separator, but as a link as stated in the Djuanda Declaration on December 13, 1957. The declaration reflects the determination of a nation to fight for its national interests and as an effort to reorganize Indonesia's glory in the maritime world.
3. Considerations from Political Aspects
Indonesian youth, through the Youth Pledge issued on October 28, 1928, made up their mind to become a nation that lives in a homeland with a unified language. Realizing the ideals of Indonesian unity and independence took almost 17 years. Soekarno-Hatta on August 17, 1945, which means that since then Indonesia has become an independent nation. However, this proclamation did not make other countries just let go of Indonesia, especially the Netherlands, which had long colonized Indonesia.
Indonesia, which had just become independent, had to face the fact that the Dutch still wanted to re-colonize Indonesia. This was very unfavorable for Indonesia's position, whose political
condition was not yet stable, while the Netherlands received support from the Allies. Indonesia had to face the Netherlands many times to maintain territorial sovereignty. More than four years after independence, physical struggle was also required so that the unitary state of the Republic of Indonesia would gain international recognition, namely by reaching the Round Table Conference Agreement (RTO) on December 27, 1949 (Djalal, 2001:342).
Even though on paper Indonesia has been said to be sovereign, the Netherlands still has one more key to breaking up the sense of unity and integrity of the Republic of Indonesia, namely by continuing to maintain regulations regarding the Indonesian sea which is only 3 miles around an island.
The condition of the Indonesian government that has not been stable must rethink ways so that Indonesia truly becomes a sovereign country. If this is not done immediately, of course it will be threatening existence Indonesia, because at the same time Indonesia was facing the ups and downs of the cabinet that occupied the government and the problem of regional upheaval which was propaganda from the Netherlands.
To avoid a more complicated political upheaval, the Indonesian government finally found a way to guard against itexistence Indonesian politics by issuing the Djuanda Declaration. The declaration has a very strategic meaning for the Indonesian nation's struggle to increase its development and political stability, in addition to being able to make Indonesia speak in the international world in order to fight for the concept of an archipelagic country like the United Kingdom which has a national perspective, namely
"Britain rules the waves” which means that British land is not only the island, but also the sea (Winarno, 2006:142).
290 The insights of the British State are accepted and recognized by the international community. Therefore, Indonesia will also demand the integration of Indonesia's sea and land areas. Indonesia's struggle to claim its rights as an archipelagic nation has raised the name of the Indonesian people before the international world politically.
As a new country, Indonesia is able to become a pioneer for other countries to fight for their territory.
4. Considerations from Economic Aspects
Before Westerners came to Indonesia, Indonesians had realized that the sea had enormous potential. The wealth in it plays a very important role in supporting people's lives. A situation that was very detrimental to Indonesia was that until after independence Indonesia's marine wealth, especially fisheries, was used more by foreign fishermen because Indonesia did not yet have sovereign sea territories.
The sea is an enormous natural resource and has its own uniqueness. First, because the resources on the mainland have been exploited. Second, the characteristics of agricultural land must first be planted before the results can be harvested. resources in the sea, available fish samples and the community only needs to develop sophisticated technology to achieve maximum results.
Through this technology, not only fish can be caught, but offshore mining products and even in the middle of the sea can be excavated and then utilized for the welfare of the community itself (Zuhdi, 2014). In addition to the potential already contained in the sea, activities at sea such as shipping, trade and tourism certainly provide very promising value for the Indonesian economy.
Indonesia as a country with a wider maritime area than its land area must certainly be able to take opportunities so that the natural wealth contained on the seabed belongs to Indonesia. For the reasons above, the Indonesian government is challenged to manage and protect the sea around the Indonesian archipelago. The government's concern regarding the Indonesian seas was contained in the Djuanda Declaration in 1957.
5. Considerations from Defense and Security Aspects
The characteristics of Indonesia as an archipelagic country make the government have heavy homework to secure its territory, because Indonesia's territory is not only in the form of large islands, but there are thousands of small islands which are scattered. In this case, the government must really look for strategies so that the sovereignty of the Unitary State of the Republic of Indonesia remains intact and maintained.
After independence, the government's attention was still focused on protecting large islands such as Java Island, which is the seat of government for the Republic of Indonesia. Small islands have not received maximum attention because the defense and security aspects that are the main concern are the international seas that are free for foreign ships to pass through. The factor that prompted the government to issue the Djuanda Declaration when viewed from the aspect of defense and security was that the government had to immediately make regulations to be able to close the Java Sea which is very close to the center of government of the Republic of Indonesia so as not to endanger the security of the Unitary State of the Republic of Indonesia (Lapian, 2007).
291 In addition to protecting the central government of the Republic of Indonesia, what the Indonesian government considers more broadly in terms of defense and security is the sovereignty of all Indonesian territory, because even though it has been recognized as an independent and sovereign country, West Irian has not been relinquished by the Dutch. The issue of West Irian has become a serious threat to the integrity of the Unitary State of the Republic of Indonesia. Because the Dutch always tried to influence the people of West Irian and tried to open West Irian to communicate with the outside world (the international world). Apart from that, the Netherlands also proved to be helping the supply of weapons for the South Maluku Republic (RMS) separatist movement which was carried out byKoninklijke Paketvaart Maasschappij (KPM)/Dutch Royal Shipping Airline (Sulistiyono, 2004). KPM at that time was still able to sail freely in the territorial waters of the Republic of Indonesia, none other than because the seas around Indonesian territory still had the status of free seas.
The large number of free seas between islands in Indonesia is a serious threat to the defense and security of the Republic of Indonesia, because the defense and security aspects are very important elements for the survival of a country. A country will be able to carry out its political and economic activities well if its defense and security supports it. In this regard, the Indonesian government took steps to unify Indonesia's land and sea territories by issuing the Djuanda Declaration so that there would be no more free seas around the Indonesian archipelago. Every ship that will enter Indonesian waters must obtain permission from the Indonesian government. This is an effort to realize
the ideals stated at the beginning of the 1945 Constitution, paragraph 4, that the Indonesian government protects the entire nation and all of Indonesia's bloodshed.
6. Considerations from Socio- Cultural Aspects
Forfounding fathers understand that the Indonesian state has various tribes and races spread throughout Indonesia. An established Indonesian state must be able to protect all people regardless of ethnicity, race, language, religion, region and group and then live side by side in the same territorial bond. This awareness gave birth to nationalism. The idea of forming one nation, namely the Indonesian nation was successfully implemented in the Youth Declaration on October 28, 1928. According to Ir.
Soekarno, the Indonesian people are all people (residents) who according to their territory have been determined to live together in the territory of Indonesia from Sabang to Merauke (Winarno, 2006).
From the statement above, it can be said that in order to become one nation, it is necessary to have the same territorial ties, in this case, the territory of Indonesia. Meanwhile, as it is well known that the territory owned by Indonesia after independence is only the land, while the sea still has international sea status even though in fact between the land and sea of Indonesia is an inseparable territorial unit.
The existence of the high seas that separate the islands in Indonesia has the potential to cause disintegration of the nation because each region in Indonesia has its own characteristics. This is because communication in each region is hampered so that foreign powers easily pit the Indonesian people against each
292 other who have diverse cultures and live in different regions.
In view of these problems, new perspectives must be sought in relation to inter-regional relations, social- political unity. Indonesia's geographical condition in the form of an archipelagic country makes the sea a medium of communication between groups which is the foundation for the process of integration in Indonesian society.
By paying attention to the culture of the Indonesian people, who in the course of their history had been provoked by the colonial government so that the sea in Indonesian waters seemed to be a separator. This condition even lasted until after the Indonesian nation declared itself as an independent nation.
From a socio-cultural point of view, inter-island communities are separated by oceans, it doesn't make sense.
However, the inter-island population is still one nation (Utomo, 2007).
Based on these considerations, the Indonesian government then attempted to protect the sense of unity and integrity of the nation by issuing the Djuanda Declaration. In the declaration it was stated that the sea area around the Indonesian archipelago is integrated into the territory of the Republic of Indonesia, so that the people living in it can be united.
The Indonesian Government's Efforts in Fighting for the Djuanda Declaration to Be Recognized by the International World
The policy of the government of the Republic of Indonesia which was formed at the beginning of independence because in every cabinet, starting from the cabinet led by Moh. Hatta to Sutan Sjahrir did not have a ministry dealing with maritime matters.Territorial Zee en
Maritime Kringen Ordinance (TZMKO) is still the basis of the law of the sea in Indonesia, so that the Netherlands can not only separate the islands but can paralyze the struggle of the Indonesian nation even though it has declared independence and sovereignty (Zuhdi, 2014).
Such a situation is of course very unfavorable for the integrity of the Unitary State of the Republic of Indonesia. The government must immediately find a strategy to secure the maritime territory of the Republic of Indonesia. The Indonesian government in fighting for the Djuanda Declaration until it was recognized by the international community was divided into two regimes, namely the era of President Soekarno and President Soeharto.
Struggle During President Soekarno The existence of the high seas is certainly very difficult for the movement of the Indonesian people, especially in the field of sea transportation which is the lifeblood of an archipelagic country like Indonesia. It would not be possible for thousands of large and small islands with a population of millions, spread over such a large area, to be united in one governmental affair centered in Jakarta (Djamin, 2001). It is time for the government to pay attention to the Indonesian seas in order to maintain the integrity of the Unitary State of the Republic of Indonesia. In the Ali Sastroamidjojo II Cabinet during President Soekarno's time, a Committee for the Draft Law on the Territorial Sea and the Maritime Environment began to be formed. The committee has the task of making statutory provisions governing the Indonesian territorial sea.
The Ali Sastroamidjojo II cabinet returned its mandate to President
293 Soekarno because it was unable to meet the demands of millions of Indonesian people. After that President Soekarno declared that the whole country was in a dangerous situation. On April 8, 1957 the president announced the formation of a new cabinet led by Prime Minister Ir. H.
Djuanda. The cabinet that had just carried out its duties was hereinafter referred to as the Djuanda Cabinet or the Karya Cabinet. The Karya Cabinet has heavy homework to immediately complete the Bill on Indonesia's territorial sea. In the bill committee, Prime Minister Djuanda added one
member, namely Muchtar
Kusumaatmadja-an expert on international law-who had received criticism from Chairul Saleh for being too afraid to go against the provisions of applicable law (Lapian, 2007).
Captain Pirngadi as chairman of the committee gave permission for Muchtar to compile the text of the declaration stating that"all waters around and between islands are declared as an integral part of the territory of Indonesia"
(Kusumaatmadja, 2001). The statement was then announced by Prime Minister Djuanda on December 13, 1957 which is known as the "Djuanda Declaration".
With the issuance of the Djuanda Declaration, Indonesia's development began to focus on development with a maritime dimension. The Indonesian state began to strive in earnest to develop the shipping industry. The main goal of maritime development is to achieve national unity in a multi-ethnic society with different tendencies and economic development that relies on diverse natural resources (Djalal, 2007).
This shows that the Djuanda Declaration gave greater awareness to the Indonesian government that the sea is a uniting tool for the nation.
The issuance of the Djuanda Declaration caused opposition from the international maritime world, this was considered incompatible with international law of the sea (3 miles). England was the first country to express disapproval of the concept stated by the Indonesian government because the country views that the waters around the Indonesian archipelago will forever remain free seas (Djalal, 2007). That's because England has territoryprotectorate which is located quite close to Indonesia, so that if the sea around the Indonesian archipelago is still in the status of a British free sea, it can easily take advantage by exploiting the wealth of natural resources in it.
Similar to Britain, the United States also expressed disapproval of the Djuanda Declaration. The need for natural resources that are not found in its land area, and is supported by advances in science and technology makes the country have an interest in exploiting underwater mines in waters that become the high seas (IKAPI, 2005: 127).
Apart from the United Kingdom and the United States of America. Many countries expressed their disapproval of the Djuanda Decree, and sent notes of rejection to the Indonesian government, namely: Australia (January 3, 1957), the Netherlands (January 7, 1957), France (January 8, 1957), and New Zealand (January 11, 1957) (Dino Patti in Mahodim, 2009:58). The reasons put forward by these countries are not much different from those of the United Kingdom and the United States, namely regarding the freedom of the seas.
The Indonesian government itself took these rejections in stride, as Chairul Saleh put it"when the big countries refuse, it means we are right" (Lapian, 2007:33).
The Indonesian government has strong
294 reasons that the Djuanda Declaration that has been issued is an attempt to protect the unity and integrity of the Republic of Indonesia.
Even though the reaction from the outside world was great, the response from the domestic community was different. Indonesia's political situation, which is being colored by separatist movements from various regions, demands more attention from the government and the people of Indonesia compared to the declaration of sovereignty over the territorial waters.
This fact is a burden for the Indonesian government.
So many challenges faced by Indonesia to integrate its territory. After the issuance of the Djuanda Declaration, the Indonesian government made efforts to increase guard over Indonesian waters, especially in border areas. Indonesian sea transport had to deal with the Dutch navy which still refused to withdraw its warships from the waters of the Republic of Indonesia, especially in the case of the settlement of West Irian. Realizing that the Indonesian navy still lacks strength compared to the Dutch navy, the Indonesian government brought the West Irian issue to the United Nations forum and still failed many times. When the peaceful path failed, the efforts made by the Indonesian government were to carry out actions to liberate West Irian by taking over Dutch-owned companies (Notosusanto, 1975:112).
Regarding the issue of the Djuanda Declaration which has not yet received international approval, the Indonesian government has not despaired. The Indonesian government then fought for the Djuanda Declaration in the I UN Convention on the Law of the Sea in February 1958 in Geneva. In the convention, the Indonesian delegation
was very careful in conveying the concept of an archipelagic state (archipelago state) considering the rejection notes that have been submitted by several countries that do not agree with the concept. Even so, not all countries reject it, there are several countries that support Indonesian policies, namely India, China, Eastern Europe and Arabia (Mahodim, 2009).
The I UN Convention on the Law of the Sea brought failure to the Indonesian delegation. The Indonesian government decided to withdraw its proposal before it was officially rejected by the international community. The Indonesian government needs to have a mature concept in advance in order to be able to convince other countries that will become participants in the next convention on the law of the sea (Djalal, 2001:343).
Before the Second Law of the Sea Convention, there was a change in the pattern of government from liberal democracy to guided democracy through the Presidential Decree of July 5, 1959.
President Soekarno's first effort to strengthen the Djuanda Declaration was to make Law no. 4 of 1960. At the Second Convention on the Law of the Sea held in Geneva in March 1960, Indonesia again failed to explain the concept of an archipelagic state to the international community. The concept is considered contrary to international custom. The failure experienced by Indonesia forced the government to take firm steps. But it was difficult to obtain because the political situation in Indonesia in the 1960s was getting worse. Support for the Djuanda Declaration was only obtained from the Republic of Indonesia Navy (ALRI), and even then after Colonel Martadinata was elected chairman of the ALRI. Nonetheless, this support is very meaningful for the struggle of the
295 Indonesian government, because after that the Indonesian government dared to issue Government Regulation No. 8 of 1962 concerning the Peaceful Traffic of Foreign Water Vehicles in Indonesian Waters. The meaning of peaceful traffic is:
“…peaceful traffic means all shipping from the high seas to a port in Indonesia and all shipping from an Indonesian port to the high seas for peaceful purposes, as well as all shipping to and from the high seas by crossing Indonesian waters.
These voyages must be made without stopping. Therefore, stopping, anchoring and/or hovering unnecessarily close to Indonesian waters is prohibited, unless these things are necessary for normal shipping purposes or due to forceful circumstances. Adjacent can mean 100 miles from Indonesian waters….” (Lemhannas, 1977:324).
In the midst of the increasingly heated political situation in Indonesia, the government again issued Presidential Decree No. 103 of 1963 concerning that all Indonesian territorial waters must be subject to Indonesian law. Entering 1965, Indonesia was experiencing enormous political instability because it was facing a wave of rebellion from communist people. The wave of rebellion peaked on September 30, 1965 which resulted in the fall of the Guided Democracy era which at the same time ended President Soekarno's time in fighting for the Djuanda Declaration to the international community (Mahodim, 2009). In 1965 the struggle for President Soekarno's era had to end because of political conditions in Indonesia which forced him to step down from his position as president.
Efforts to struggle then turned to the era of President Suharto.
Struggle During President Suharto
Discussions regarding the law of the sea began to be considered again during the reign of President Soeharto. This is also supported by the emergence of new countries that do not participate in the I and II Convention on the Law of the Sea.
These countries hope that the next convention on the law of the sea will provide opportunities for developing countries in Asia, Africa and Latin America to create a more appropriate sea control system (Anwar, 1994:167).
Apart from that, other factors that have motivated the international community to discuss maritime issues again are 1) oil tanker accidents Torrey Canyon in the Strait of Dover in 1967 which triggered sea pollution on the coast in England and France which then gave rise to problems of law of the sea concerning the protection of the marine environment, 2) the development of marine science and technology which opened up opportuniti esexploration natural wealth at the bottom of the deep sea, 3) the expansion of long-distance fishing which is detrimental to countries close to the source of these fisheries, and 4) the heat of the cold war which requires the mobilization of their respective navies through straits, strategic seas, in the region in Southeast Asia (Djalal, 2001:344).
The development of the concept of an archipelagic state has continued to increase since 1966. This concept also originates from the Indonesian Armed Forces (APRI). Within this military environment grows the understanding of each individual to produce World Insight for the Army, Maritime Insight for the Navy, and Aerospace Insight for the Air Force. To avoid differences that could trigger the threat of division, all of these insights were united into an ABRI Insight based on the concept of an archipelagic state. The ABRI Insight was later
296 renamed the Archipelagic Outlook (Danusaputro, 1981:85).
Entering 1970 the preparations made by the Indonesian government increased by forming committees to solidify the concept that the Indonesian delegation would bring to the 3rd Convention on the Law of the Sea. In the field of diplomacy, Indonesia has begun to explore various approaches with neighboring countries to discuss continental shelf boundaries.
Malaysia is the first country to talk to Indonesia. Both countries were followed by Thailand and Australia in 1972, India in 1974, and Vietnam in 1977 (Mahodim, 2009).
In addition, Indonesia has also opened an official forum at the international level to seek support, especially from other archipelagic countries (Fiji, Fiji and Mauritius) and Asian-African countries, especially from members of the Asian- African Legal Advisory Committee orAsian African Legal Consultative Commite (AALSCC). Indonesia also cooperates closely with coastal countries in Asia-Africa and Latin America, or with developed countries such as Canada, Australia, New Zealand, Norway and Iceland (Djalal, 2001:345).
Within Indonesia itself, the government continues to seek improvements in the maritime sector, especially in the fisheries and port sectors which so far have received little attention from the government. In the shipping sector, the Indonesian government is trying to maximize the role of PT. PELNI (Indonesian National Shipping) as a link between islands in Indonesia (Sulistiyono, 2007). In the field of defense and security the Indonesian government is trying to make improvements to the Indonesian Navy (ALRI).
After all the preparations made by the government above, what must be done next is to fight for the international community through the 3rd Convention on the Law of the Sea which was held in December 1973. The delegation sent by the Indonesian government to this convention was chaired by Muchtar Kusumaatmadja, based on the consideration that he is a person who has experience in previous conventions. In this forum, Indonesia is fighting for the concept of national territorial integrity, which is not only a land and sea unit, but also includes the airspace unit above it and all the natural resources it contains.
(Djalal, 2001:346). At the convention, the Indonesian delegation invited the countries present to jointly think about the issue of regional borders.
Even though there were many obstacles faced by the Indonesian government, at least in the 3rd session no country rejected the concept of an archipelagic state, even though the United States, the Soviet Union and Japan put forward various conditions related to their country's interests. The climax of the struggle for the convention occurred at the 5th session in 1977 regarding international recognition of the Indonesian archipelagic state.
Furthermore, the articles on archipelagic states were signed on December 10, 1982 in Montego Bay, Jamaica (Mahodim, 2009), 25 years after the Indonesian government issued the Djuanda Declaration. The international world's recognition of the Indonesian island nation is a very extraordinary achievement that has made Indonesia's sea area what it is today.
CONCLUSION
The Indonesian government issued a statement on December 13, 1957 known as the Djuanda Declaration to replace the
297 1939 Territorial Sea and Maritime Environment Ordinance. The Djuanda Declaration contains a statement that the Indonesian territorial sea is 12 miles wide so that all waters around the Indonesian archipelago are integrated into it. the territory of the Republic of Indonesia. The background of the issuance of the declaration is inseparable from the geographical conditions of Indonesia as an archipelagic country so that it requires separate arrangements.
Apart from that, there are other factors, namely: from a historical perspective, since ancient times, the sea has been a unifying medium for the nation; From a political perspective, it is a strategy to gain full sovereignty over Indonesia's territory, not only on land, but also in the sea and air space; from the economic aspect is to protect the potential of natural resources stored in the Indonesian sea area; from the socio- cultural aspect is to bind a sense of unity and integrity of the Indonesian people which consists of various ethnic groups living on different islands; and most importantly from the aspect of defense and security is to maintain the integrity of the Indonesian State because the presence of free seas around the Indonesian archipelago makes it easier for foreign parties to divide the Indonesian State.
The Indonesian government's efforts to fight for the Djuanda Declaration to be recognized by the international community took time from 1957-1982.
During the 25 years that the Djuanda Declaration was fought for by different governments, namely: During the time of President Soekarno the Indonesian government announced the Djuanda Declaration which was rejected by the international maritime world so that in the Convention on the Law of the Sea I the concept of an archipelagic state could
not be accepted by the international community. To confirm the Declaration, the government issued Law no. 4 of 1960 which will be brought to the Law of the Sea Convention II. However, the Indonesian government again failed.
Furthermore, the efforts undertaken by the government were to make a mature concept by issuing Law No. 8 of 1962 concerning the Peaceful Traffic of Foreign Water Vehicles in Indonesian Waters and issuing RI Presidential Decree No. 103 of 1963. In 1965 the era of Soekarno's struggle had to end because the outbreak of the September 30th Movement forced President Soekarno to step down from his position as president. During the time of President Soeharto, international attention to the law of the sea was increasing due to the marine pollution incident in the Dover Strait and the Cold War as well as the development of science and technology. The Indonesian government took this opportunity to finalize a strategy prior to entering into the Law of the Sea Convention III. In 1966 the Concept of Archipelago Concept was born and starting in 1969 the Indonesian government has been actively negotiating with neighboring countries to discuss national borders. In 1973, when the Convention started, the Indonesian delegation again presented the concept of an archipelagic state and finally in 1982 the concept received international approval.
REFERENCES
Anshoriy, N., & Arbaningsih, D. (2008).
Negara Maritim Nusantara, Jejak Sejarah yang Terhapus. Tiara Wacana.
Anwar, C. (1994). Partisipasi Perikanan Pihak Asing di Zona Ekonomi Eksklusif Indonesia Ditinjau dari Hukum Laut Internasional. Disertasi. Depok:
Universitas Indonesia.
298 Arsip Nasional. (2007). Kontrak Perjanjian Wilayah Perbatasan Indonesia Jilid II. Arsip Nasional Republik Indonesia Arsip Nasional. (2008). Kontrak Perjanjian Wilayah Perbatasan Indonesia Jilid III. Arsip Nasional Republik Indonesia.
Danusaputro, M. (1981). Wawasan Nusantara dalam Pendidikan dan Kebudayaan. Alumni.
Djalal, H. (2007). Deklarasi Djuanda dalam Perspketif Sejarah. Dalam Kasijanto Sastrodinomo (Ed). 50 Tahun Deklarasi Djuanda (halaman 2-21).
Jakarta: Departemen Kebudayaan dan Pariwisata RI, Direktorat Jenderal Sejarah dan Purbakala.
Djamin, A. (Ed). (2001). Ir. H. Djuanda : Negarawan, Administrator, Teknokrat Utama. Kompas.
Gottschalk, L. (1985). Mengerti Sejarah.
Terjemahan Nugroho Notosusanto.
2008. Universitas Indonesia Press.
Hamid, A. (2013). Sejarah Maritim Indonesia. Ombak.
Hugiono & Poerwantana. (1987).
Pengantar Ilmu Sejarah. Bina Aksara.
IKAPI. (2005). Landas Kontinen dalam Hukum Laut Internasional. Mandar Maju.
Kusumaatmadja, M. (2001). Bersahaja, Sholeh, Tenang, dan Cerdas dalam A.
Djamin [ed]. Ir. H. Djuanda: Negarawan, Administrator, dan Teknokrat Utama.
Kompas.
Lapian, A.B. (2007). Lima Puluh Tahun Wilayah Republik Indonesia. Dalam Kasijanto Sastrodinomo (Ed). 50 Tahun Deklarasi Djuanda (halaman 33-39).
Jakarta: Departemen Kebudayaan dan Pariwisata RI, Direktorat Jenderal Sejarah dan Purbakala.
Lapian, A. B. (1992). Sejarah Nusantara Sejarah Bahari. Pengukuhan Guru Besar Tidak Tetap Fakultas Sastra Universitas Indonesia.
Lemhannas. (1977). Bunga Rampai Wawasan Nusantara I. Jakarta:
Lemhannas.
Mahodim, G. M. (2009). Laut Sebagai Analisis. Skripsi. Depok: Universitas Indonesia.
Notosusanto, N. (1975). Sejarah Nasional Indonesia VI. Depdikbud.
Subagyo, P. J. (2002). Hukum Laut Indonesia. Asdi Mahasatya.
Sjamsuddin, H. (2007). Metodologi Sejarah. Ombak.
Sulistiyono, S. T. (2007). Dinamika Kemaritiman dan Integrasi Negara Nasional di Indonesia. Dalam Kasijanto Sastrodinomo (Ed). 50 Tahun Deklarasi Djuanda (halaman 40-71). Departemen Kebudayaan dan Pariwisata RI, Direktorat Jenderal Sejarah dan Purbakala.
Sulistiyono, S. T. (2004). Pengantar Sejarah Maritim Indonesia. Deparetemen Pendidikan Nasional.
Utomo, B. B. (2007). Pandanglah Laut sebagai Pemersatu Nusantara.
Departemen Kebudayaan dan Pariwisata.
Winarno. (2006). Paradigma Baru Pendidikan Kewarganegaraan. Bumi Aksara
Zuhdi, S. (2014). Nasionalisme, Laut dan Sejarah. Komunitas Bambu.
