INTERNATIONAL JOURNAL OF LAW ... - Ejournal2 Undiksha

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TERRITORIAL BORDERS IN INTERNATIONAL LAW

Mesikel Pelawi

Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha, Email: [email protected]

Info Artikel Abstract Masuk: 1 April 2022

Diterima: 23 Mei 2022 Terbit: 1 Juni 2022 Keywords:

Borders, International Law

Corresponding Author:

Mesikel Pelawi

email:[email protected] d

In the perspective of international law, the border area is the outermost boundary in a country in the form of an imaginary line that separates a country from other countries. good boundaries from land, sea or air that must be regulated by agreement. In relation to the management of national borders, “effective control” has proven to be a significant thing to eliminate threats to the existence of a country's territorial sovereignty. Even so, the development of border areas cannot only use a geographical perspective and a political perspective, but must also use a social perspective because it will talk about the people who inhabit and cross the border.

International law has long regulated clearly and provided legal certainty regarding the border areas of a country. With regard to borders between countries, international law makes an important contribution, especially in the implementation of negotiations in signing agreements or border agreements between countries. The determination of the boundaries of a country is determined by international legal processes, both using the concept of self- determination, the principle of uti possidetis, and state boundary agreements. So that the determination of the boundaries of a country is expected to no longer cause conflict.

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Introduction

The boundaries of a country's territory are important if we look at it from the geographical, legal and political aspects. Geographically, the existence of territorial boundaries is a sign of the area of a country which includes land, sea and air above it. Then legally, the boundaries of the country's territory determine the scope of application of the national law of a country. Meanwhile, politically, the boundaries of the country's territory are the end of the reach of the highest power of a country over the region and everything that exists in the region.

Ownership of an area is one of the goals of a country. The acquisition and use of territory is not only evidence of the existence of a country's sovereignty, but also to fight over the natural resources it contains both within and above the area. In its development in today's modern world, conflicts or disputes in a region still occur, especially in areas that are border areas between countries.

State border areas have a very strategic role for a country. Apart from being a sovereign boundary, it is also an area that reflects the front page of a country that is in direct contact with neighboring countries, therefore this area tends to become a sensitive issue if tensions arise between countries. The border area is a strategic area, because geographically the border area has the potential for natural resources and market opportunities. Its position which is in direct contact with neighboring countries, shows that the border area is a vital area, because geo-politically the area is Borders are related to aspects of state sovereignty, defense and security, a sense of nationality, ideology, social, economic, and political aspects.

Determination of national boundaries is closely related to data on the area of its area. Indonesia is an archipelagic country which has a wide area of land and waters. In fact, the landscape of Indonesia is almost comparable to that of some of the largest countries in the world, such as Russia, China, and the United States. Indonesia's long stretch of territory is almost equivalent to that of the European continent.

The territorial boundaries of each country can be divided into two types. First, territorial boundaries are based on law/politics. Second, physical boundaries are determined based on the appearance of the landscape (geographical conditions) between regions of the country. State boundaries can be interpreted as separating geographical regional units (physical, social, cultural) controlled by a country. Sri Hayati and Ahmad Yani in Political Geography (2007: 19) explain that, politically, national boundaries are the line of sovereignty covering land and sea areas along with the natural potential under the bowels of the earth, as well as outer space (air). According to Oppenheim, the border region Geographical geography can be interpreted as an imaginary line on the earth's surface that separates the territory of one country from another. Here are indicators physically and can be proven through an agreement or through a map. Meanwhile, according to Victor Prescott, the border area can also be interpreted political: state borders provide opportunities for states to apply their sovereign principles exclusively. State boundaries based on law/politics are state territorial boundaries determined by agreement or agreement between 2 or more countries, statutory regulations, and international law.

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Territorial boundaries have an important meaning because, as a separator of one region from another, it relates to the rights, powers, and responsibilities of a country over an area. In the context of international relations, sovereignty means the highest power possessed by a country to carry out a full and independent government.

Rules regarding state boundaries internationally are part of the study of international law.

International law is a set of rules that regulate relations between states and between other subjects of international law. As explained in the previous article entitled "International Law of War", the legal sources in international law are mentioned in Article 38 paragraph (1) of the Statute of the International Court of Justice which consists of the following matters:

1. International agreements, both general and specific in nature, which establish rules that are expressly recognized by the international community;

2. International custom, as evidence of a general practice accepted as law;

3. General legal principles recognized by civilized nations;

4. The decisions of the Court and the teachings of highly competent experts from various nations, as an additional source of law to determine the rule of law.

The study of the border area of this country is increasingly interesting, because apart from being a sovereign boundary of a country over its territory, it is also seen as the "front page" of a country.

Such a position makes the country's border areas have a very strategic position in determining government policies, both for the national interest and for international (international) relations.

Discussion

Territorial Borders in International Law

understanding of the border itself needs to be understood. According to several international law experts, namely Green NA Maryan, Shaw Malcolm, JG Starke, and Burhan Tsani, the state border is defined as the outermost boundary of a country in the form of an imaginary line that separates the territory of a country from one another either on land, sea, or air where the border is These can be categorized into two terms, namely “Border Zone” (border zone) and “Customs Free Zone” (customs- free zone). (Seran, John Bernardo). Because the border area is in direct contact with the territory of another country, this certainly makes the border area play an important role in relation to relations outside a country, but also has an equally important role in internal relations (own domestic affairs). In general, there are 9 (nine) factors for a country to claim territory against other countries (neighboring countries), namely: treaties, geography, economy, culture, effective control, history (history), uti possidetis juris, elitism, and ideology (ideology).

Based on the 1933 Montevideo Convention, one of the elements of the state is the territory that makes a state have sovereignty. With sovereignty, the state has the power to apply its law or state jurisdiction to anything and anyone, both its own country and foreign countries within the territory of that country. The territory of the country consists of land, waters and airspace which are given territorial boundaries as stipulated in international law. However, we can know that not all countries have territorial waters (sea) such as Laos, Cambodia, Switzerland, Austria, Kazakhstan, Uzbekistan, Azerbaijan, Iraq, Congo, Nigeria and several other countries. Thus, not all countries have 3 (three)

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dimensional areas consisting of land, airspace, and water (sea) areas, but none of the countries in the world do not have land and air space.

Some of the provisions in international law that regulate the boundaries of the country's territory, including starting from the Codification of the Law of the Sea Conference in The Hague in 1930, then the Decision of the International Court of Justice in 1951 relating to the withdrawal of baselines to determine the borders of the Norwegian sea area, continued to the Geneva Convention on the Law of the Sea. 1958 and finally the 1982 Law of the Sea Convention or commonly referred to as the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982). straight baselines) previously born. These developments provide a sense of justice for the archipelagic countries in the world which have different geographical elements. The main objective of the convention is that it is hoped that the 1982 UNCLOS will provide a universal sense of justice for all countries in the world in terms of determining territorial lines.

International law has undergone developments regarding the regulation of state border areas.

In classical times or colonialism, the determination of the boundaries of a country was more influenced by occupation, prescription, cessi, accretion, conquest, and acquisition.

The determination of the boundaries of a country's territory between the past and recent developments in the field of international law has undergone changes. Today, the boundaries of these areas are determined by international legal processes such as self-determination, the principle of uti possidetis, and national boundary agreements. These three methods have been recognized by the international community as a way of determining territory for countries that have just become independent from the shackles of colonialism and those that have just been established through the exercise of the right to self-determination.

(a) Self Determination

Self Determination is one of the sources of international law because it is one of the general legal principles that have been recognized by civilized countries which can be used as one of the guidelines for determining the borders of a country according to international law. The definition of the right to self-determination can be explained in 2 meanings, namely:

(1) The right to self-determination can be interpreted as the right of a nation within a country to determine the form of its own government. Such rights have been recognized in international law, especially in the declaration on the rights and obligations of states made by the international law committee in 1949 and contained in article 1 which states: "Every state has the right to independence and hence to exercise freely, without dictation by any other state, all its legal po wers, including the choice of its own form of government".

(2) The right to self-determination can mean the right of a group of people or a nation to establish an independent state for themselves. Although the UN Charter provides few provisions on "self- determination", the UN Charter has provided several doctrines regarding the right to self- determination. The principles regarding self-determination Self-determination are clearly stated for the first time in Article 1 paragraph (2) and then Article 55 of the United Nations Charter. the case in countries that fight for the independence of their country and in terms of determining their national boundaries

(b) The principle of Uti Possidetis Juris

The principle of Uti Possidetis Juris is one of the sources of international law because it is one of the general legal principles that have been recognized by civilized countries which can be used as one of the guidelines for determining the borders of a country according to international law. Uti Possidetis Juris is a Latin term which means "as you possess" (as you possess).

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The use of the Uti Possidetis principle according to some international jurists, such as Paul R.

Hensel, Michael E. Allison, and Ahmed Khanani, is felt to be more effective. Create stability at t he border compared to the borders of countries that are not the result of inheritance from the colonial state.

The reason is that the colonial rulers (predecessors) have laid the foundations of state boundaries clearly in an agreement, so that newly independent countries from colonialists (successors) only have to carry on the legacy of the borders left by the colonizers. Although the uti possidetis principle has based that the territorial boundaries of a country have been determined based on agreements made by previous countries, in reality the boundaries of these areas can undergo changes. As the determination of the territorial boundaries between Indonesia and Malaysia, has been based on the determination of boundaries (delimitation), the confirmation of border stakes (demarcation), agreed on the existence of administrative arrangements (administration) between the Dutch and British Governments in the past.

It is based primarily on the use of maps from the 1891 bilateral treaty.

(c) Border Agreements

Border agreements are included as international agreements that have been made or agreed upon by two or more countries bordering each other which can be used as one of the guidelines for determining the borders of a country according to international law. Initially, state boundaries occurred based on juridical history, meaning that these borders were determined by the rulers of these areas in the past, either in writing or in other ways that were in effect at that time, and the stipulation was continued by the government or rulers of the two regions.

In the context of border agreements, in international law there are two kinds of treaties, namely personal treaties and impersonal/dispositive treaties. This concept is then applied to the change of state in classical international law, with the provision that a dis-positive agreement is an agreement involving land or territory. International agreements that burden the territory with legal status, such as military base agreements, border agreements and others. While personal treaties or treaties are also political in nature, can take the form of bilateral or multi-lateral matters, such as agreements on alliances, neutrality, and peaceful settlement of disputes.

Indonesia which is an archipelagic country and part of its territory is waters, therefore Indonesia ratified the provisions of the 1958 Geneva Convention in Law Number 19 of 1961 concerning Approval of Three Conventions of 1958 Concerning the Law of the Sea and 1982 UNCLOS in Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law of the Sea. Indonesia only has land borders with 3 (three) neighboring countries, namely Malaysia, Papua New Guinea and Timor Leste, while for maritime borders, Indonesia has borders with 10 (ten) neighboring countries, namely India, Malaysia, Singapore, Thailand, the Philippines. , Vietnam, Palau, Papua New Guinea, Australia and Timor Leste.[9] The determination of the boundaries of the Indonesian state with neighboring countries has been stipulated in a border agreement, for example, for the land border between Indonesia and Malaysia in Kalimantan and the island of Sebatik (to the east of the island of Kalimantan), the agreement between the two countries refers to the 1891 Treaty border agreement between Britain (which was then colonizing Malaysia) and the Dutch East Indies (colonizing Indonesia at that time), as well as the 1951 and 1928 Conventions.[10] Then, after the determination of the boundaries of the sea area in UNCLOS 1982, if in the future there is a dispute regarding territorial boundaries, the participating countries are obliged to resolve the dispute through peaceful means in accordance with the provisions of Article 2 paragraph (3) of the United Nations Charter and submit to the dispute settlement agency as stipulated in Article 2 paragraph (3) of the United Nations Charter.

Article 13 of UNCLOS 1982, namely:

▪ International Court of Justice;

▪ the International Tribunal for the Law of the Sea;

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▪ General Arbitration or Special Arbitration.

Politically, as mentioned earlier, a clear border area is certainly something that must be fulfilled as a condition for the formation of a country. By determining clear territorial boundaries, a country will certainly be able to know the reach of the area where the state can exercise its power which is free from interference from outside countries because the area is its sovereign area. In addition, because it is directly adjacent to the territory of another country, the border area also has a very significant role in the security of a country. There are many cases of border disputes between countries in international relations where one of the most complicated cases is the South China Sea dispute involving China and several ASEAN countries, namely Vietnam, Indonesia, Malaysia, the Philippines, and Brunei Darussalam.

The overlapping claims of these countries over territorial boundaries in the South China Sea and the lack of understanding between the disputing countries are the causes of the protracted dispute.

As a result, of course, the countries involved in the dispute have to be more vigilant about their country's security. China and Vietnam often have disagreements and have heated relations between the two as ships from China have entered the waters several times and built artificial islands in disputed territory which is also claimed by Vietnam. China is also a threat to Indonesia, where its claims to the South China Sea have touched Indonesia's Natuna waters.

Another example is the efforts of the Indonesian Navy for Border Security (Pamtas) for the Marine Territory of the Republic of Indonesia (RI) - the Democratic Republic of Timor Leste (RDTL) - Australia in an effort to overcome the problem of territorial claims, piracy, piracy, illegal entry, drug smuggling, and others. -other. Another example that is also widely discussed is the efforts of the President of the United States at that time, Donald Trump, to build a guardrail in the border area between the United States and Mexico to stem the flow of immigrants, drug smuggling, and terrorism which are considered a threat to the United States.

Fulfillment of the Constitutional Rights of Citizens in Border Areas

One of the strategic problems that arise for people living in border areas is related to the fulfillment of constitutional rights as Indonesian citizens. Yahya A. Zein in his Doctoral Dissertation emphasized that the main problem of fulfilling the constitutional rights of citizens in border areas is divided into 2 (two).

First, the low quality of human resources which is a consequence of limited quality, as well as the lack of educational facilities and infrastructure. Facilities in general already exist, but their existence is not evenly distributed and is only found in the government capital, inversely proportional to population distribution in the border area.

Second, poor health conditions and health services in border areas. Therefore, the concept that is carried out in fulfilling the constitutional rights of citizens is a paradigm shift in border management.

Where again emphasizing on aspects of security and defense (security and defense), replaced by a prosperity and welfare development approach. Through a human rights approach, especially the fulfillment of economic, social and cultural rights, it is an alternative to accelerate development in national border areas.

If you look at its fulfillment for people in border areas, the tendency of the Government to ignore it is very visible. The government's impartiality has created a waning sense of nationalism and low political awareness, low legal awareness which has an impact on the decline in the quality of life of citizens in border areas.

Research from CLDS in collaboration with the District Government of Sambas, led by Jawahir Thontowi in 2008, identified the characteristics of communities in border areas in terms of cultural and

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legal issues. This research was conducted to prepare the concept of development in the Border Development Center (BDC) area. The result is that the Central Government's policies in border areas will never be synergistic if they do not understand the local cultural values that live in border areas.

These local cultural values, the need for respect for the customs of the Dayak community before development is realized. The importance of checking the existence of overlapping ownership and control of customary land over plantation land previously controlled by the Government. The importance of increasing local human resources so that they can fill available jobs in various developments that use foreign or indigenous investors.

Stephen B Jones, in his book A Handbook for Statement, Treaty Editor and Boundary Commissioners, formulates a theory related to border management. In his theory, Jones divides the scope of management into four parts, namely Allocation, Delimitation, Demarcation and Administration.

1. Allocation

What is meant by allocation in this theory is the coverage of the territory of a country, including areas bordering its neighboring countries. Regarding the scope of this area, international law has regulated the ways in which a country gains or loses its territory. A definite area is one of the essential elements of a country's existence so that it can be recognized internationally.

With regard to Indonesia, the scope of Indonesia's territory is the entire territory inherited from the Dutch counterparts. This is in accordance with the principle of international law Uti Possidetis Juris which states that a country inherits the territory of its colonial rulers. A concrete example of this principle is the independence of Timor Leste in 2002. From the side of international law, territorial coverage Indonesia does not cover the territory of Timor-Leste because Timor-Leste was once a Portuguese colony. When the so-called integration took place in 1976, this must be seen as a regional and global political decision at that time, thus changing the geopolitical map of the world.

2. Delimitation

After the area coverage is known, the next phase is to identify overlapping areas or have to define boundaries with neighboring countries. This process is carried out through border diplomacy between the two bordering countries. In the context of Indonesia, the determination of this boundary line must also refer to the principle of Uti Possidetis Juris in determining land borders, and the law of the sea regime in determining borders at sea. Referring to this principle that Indonesia inherited the Dutch East Indies colony, the land boundaries also follow what the Dutch East Indies Government had agreed with Britain and Portugal when they were still colonizing neighboring countries. Therefore, it can be concluded that the land boundary has been carried out by the Government of the Netherlands Indies so that the Government of Indonesia and the Government of Malaysia, Papua New Guinea and Timor Leste.

In Indonesia, border delimitation of neighboring countries is part of the ongoing border diplomacy and the leading sector is the Ministry of Foreign Affairs. Foundation for Central Government cq. The Ministry of Foreign Affairs and the Indonesian Boundary Delimitation Team to carry out various negotiations on boundary determination with neighboring countries are Law No. 24 of 2000 on International Treaties and Law No. 37 of 1999 on Foreign Relations. Sometimes the boundary delimitation between the two countries is not agreed upon, the bordering country will choose to resolve it through the assistance of a third party in accordance with the dispute resolution mechanism regulated in international law.

3. Demarcation (Boundary Affirmation)

Demarcation or affirmation of boundaries in the field is the next stage after the border line is determined by the state government which often has borders. In this context, boundaries have been

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defined technically through marking or marking of boundaries, both natural and artificial (artificial) borders. This is in line with the notion of borders. itself.

With regard to land borders between Indonesia and neighboring countries, which were agreed between the Government of the Netherlands Indies with Britain and Portugal in the past, the Government of Indonesia and neighboring governments are obliged to reconstruct the existing boundary agreements, namely:

a. Indonesia-Papua New Guinea land border:

the agreement between Indonesia and Australia concerning Certain Boundary Lines between Indonesia and Papua New Guinea which refers to the treaty between the Netherlands and England in 1891, with additions that complement it. This agreement has been ratified through Law No. 6 of 1973 concerning the Ratification of a Treaty between Indonesia and Australia concerning Certain Boundary Lines between Indonesia and Papua New Guinea.

b. Indonesia – Malaysia Border:

The boundary agreement between the Dutch East Indies Government and the United Kingdom gave birth to the Treaty of 1891, the 1915 Convention, and the 1928 Convention

c. Indonesia-TimorLeste land border: the basis is the agreement between the Dutch East Indies and Portuguese Governments in 1904 and the 1914 Permanent Court Award (PCA) which was then carried out with joint field verification starting in 2002. In 2005, after a reconnaissance survey and joint delineation, the second Government The state has agreed on the Provisional Agreement on Land Boundary which was signed on 8 April 2005 in Dili, Timor Leste.

There are three unresolved segments at the Indonesia-Timor Leste land border which have not been well agreed upon, because apart from differences in interpretation of the treaty, there are also social developments to the community that occurred after the boundary delimitation by the Dutch East Indies and the Portuguese.

First, the Noel Besi – Citrana segment is on the border between the Kupang Regency of Indonesia and the Oecuse District of TimorLeste. This segment needs to be re-verified because there are differences in the interpretation of the Indonesian technical team and the technical team from Timor Leste on the 1904 Treaty. The results of the case identification show that there are disputed lands in the area along the Noe Besi River, where the status of the land is still a sterile area and not managed by the two countries and has not been carried out. measurements by the two countries.

Second, the Bijael Sunan - Obendan segment and the Oben - Subina segment on the border between the TTU Regency of Indonesia and the Oecuse District of Timor Leste. This segment needs to be re-verified because there are claims regarding cross-border customary lands.

Third, the Dilumil – Memo segment is bordered by the Belu Regency of Indonesia and Timor Lesste. This segment needs to be re-evaluated, because there is a delta in the middle of the river 4. Administration (Management)

Development In good border area management according to the theory of boundary making, administrative activities or border development management can be carried out overlapping with demarcation. politics, so that it is often carried out in segmentation, and administrative or management activities go hand in hand with the implementation of boundary delimitation in the field, because this stage is a follow-up part of the separation of rights and obligations between countries due to the emergence of regional borders.

Indonesia itself, the government has established various collaborations with the governments of neighboring countries on these matters. The border cooperation, among others, has been carried out by the Government of Indonesia with Malaysia and Timor Leste by forming the General Border Committee. Likewise, Indonesia and Papua New Guinea have also formed a Joint Border Committee

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Border problems between Indonesia and Timor-Leste that have occurred Border issues between Indonesia and Timor Leste are divided into two categories of border disputes, namely the unresolved segment and the unresolved segment. The definition of an unresolved segment between Indonesia and Timor Leste is that no activity has been carried out in the territory (unresolved segment), while the unified segment, which means a segment that has been delineated but the community refuses to be demarcated on the grounds that they do not want to lose agricultural land (Mangku, 2018). There are two dispute cases that came in the unresolved segment category. The first is in the Noel Besi-Citrana area, where Indonesia wants the national border to be located west of a small river. However, East Timor has a different view. Then, the dispute that occurred in the TTU area, precisely in the Bidjael Sunan-Oben area, Manusasi Village, West Miomaffo District, TTU Regency. There are 489 plots along 2.6 kilometers covering an area of 142.7 hectares. Indonesia wants it is necessary and obliged to fully respect the ulayat rights and customary law of the people in the border area (Dewa, 2017).

Meanwhile, for the unveiling segment category, there are four disputed areas which after being determined and agreed to enter the territory of Timor Leste, the survey has not yet been completed.

First, in the Subina area, Inbate Village, Bikomi District with an area of 393.5 hectares. Then second, at Pistana, Sunkaen Village, District Bikomi Nilulat. There is a disputed area on Co. 4890-5590 to Co.

4924-5378 and the area of land ownership is still under data collection, because until now the location has not been surveyed. Third, in the Nego Numfo area, Haumeniana Village, Bikomi District. The disputed area is in Co. 4880-5290 to Co. 4802-5143 covering an area of 290 hectares. Lastly, in Tubu Banat, Nilulat Village, Bikomi Nilulat District.

After separating, Indonesia and Timor Leste have done many things to normalize relations between the two, but the improvement in these relations has not been accompanied by full cooperation at the border. land between the two countries. The biggest problem occurred in Bidjael Sunan-Oben, Manusasi Village, West Miomaffo District, TTU Regency. The negotiators of the two countries have not succeeded in agreeing on several border lines for Timor Leste with Indonesian territory, where this could trigger a small dispute that can be politicized and it is not impossible that it will escalate into a bigger conflict. Without a final agreement on border lines, steps to improve border management will stagnate. At a time when relations between the two countries are getting better, they should prioritize resolving this matter. Leaving this issue unresolved will only encourage criminal acts, illegal border crossings, smuggling and possible conflicts.

While Indonesia and Timor Leste are trying to be good neighbors, they should focus on concrete actions that improve people's lives and reduce conflict on both sides of the border. Putting forward the principles of good neighborliness must remain a long-term agenda that is will truly reflect the relationship that normal. The immediate steps to be taken are as follows:

▪ Resolving unfinished border lines as a priority;

▪ Formalize arrangements for efficient communication between government and security forces on both sides and at all levels, thereby creating the possibility to rapidly reduce future incidents;

▪ Enhance cooperation between military and police institutions of the two countries, including attache training and exchange;

▪ Introducing the long-discussed cross-border pass system for citizens of both countries and implementing common market initiatives that will facilitate both commercial and social exchanges;

Provide training, improve equipment and facilities for border patrol officers between Indonesia and Timor Leste.

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Conclusion

It can be concluded that apart from being one of the main elements for the establishment of a sovereign state, national borders also play a very important role in the state. This role covers several aspects, including political, security, economic, and socio-cultural aspects. Therefore, it is important for the government to give adequate attention and treatment to border areas because basically these border areas are one of the important factors that affect the survival of a country.

The boundaries of a country are important when viewed from the geographical, legal and political aspects. Geographically, the existence of territorial boundaries is a sign of a country's territory which includes land, sea and air above it. Then legally, the boundaries of the country's territory determine the scope of application of a country's national law. Meanwhile, politically, the boundaries of the country's territory are the end of the reach of the highest power of a country over the region and everything in the region. State border areas have a very strategic role for a country.

Apart from being a sovereign boundary, it is also an area that reflects the front page of a country that is in direct contact with neighboring countries, therefore this area tends to become a sensitive issue if tensions arise between countries.

International law has also long regulated clearly and provided legal certainty regarding the border areas of a country. The determination of the boundaries of a country is determined by the international legal process, both using the concept of self-determination, the utipossidetis principle, and state boundary agreements. So that it is hoped that the determination of the boundaries of a country will no longer cause conflict, even though international law is allowed to settle through the International Court of Justice.

Suggestion

1. With this article that I wrote, we can find out how the borders of a country are against other countries and understand the role of international law in the concept of national borders

2. We must also know the territory within certain boundaries and must respect the sovereignty of other countries as regulated by international law

3. Likewise with the community, the community must first be provided with education to increase knowledge about borders and strengthen the spirit of nationalism. Through this step, as has happened between the Indonesia- Timor Leste border, in the future community involvement will have a positive impact on Indonesia's position in negotiations

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Sakti, L. S., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Tanggung Jawab Negara Terhadap Pencemaran Lingkungan Laut Akibat Tumpahan Minyak Di Laut Perbatasan Indonesia Dengan Singapura Menurut Hukum Laut Internasional. Jurnal Komunitas Yustisia, 2(3), 131-140.

Anggreni, I. A. K. Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Analisis Yuridis Pertanggungjawaban Pemimpin Negara Terkait Dengan Kejahatan Perang Dan Upaya Mengadili Oleh Mahkamah Pidana Internasional (Studi Kasus Omar Al-Bashir Presiden Sudan). Jurnal Komunitas Yustisia, 2(3), 81-90.

Arianta, K., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Perlindungan Hukum Bagi Kaum Etnis Rohingya Dalam Perspektif Hak Asasi Manusia Internasional. Jurnal Komunitas Yustisia, 1(1), 93-111.

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Daniati, N. P. E., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Status Hukum Tentara Bayaran Dalam Sengketa Bersenjata Ditinjau Dari Hukum Humaniter Internasional. Jurnal Komunitas Yustisia, 3(3), 283-294.

GW, R. C., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Pertanggungjawaban Negara Peluncur Atas Kerugian Benda Antariksa Berdasarkan Liability Convention 1972 (Studi Kasus Jatuhnya Pecahan Roket Falcon 9 Di Sumenep). Jurnal Komunitas Yustisia, 4(1), 96-106.

Setiawati, N., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penyelesaian Sengketa Kepulauan Dalam Perspektif Hukum Internasional (Studi Kasus Sengketa Perebutan Pulau Dokdo antara Jepang-Korea Selatan). Jurnal Komunitas Yustisia, 2(2), 241-250.

Utama, I. G. A. A., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Yurisdiksi International Criminal Court (ICC) Dalam Penyelesaian Kasus Rohingnya Dalam Perspektif Hukum Internasional. Jurnal Komunitas Yustisia, 3(3), 208-219.

Widayanti, I. G. A. S., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penggunaan Tentara Anak Dalam Konflik Bersenjata Ditinjau Dari Perspektif Hukum Humaniter Internasional (Studi Kasus: Konflik Bersenjata di Sri Lanka). Jurnal Komunitas Yustisia, 2(2), 124-133.

Wiratmaja, I. G. N. A., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penyelesaian Sengketa Maritime Boundary Delimitation Di Laut Karibia Dan Samudera Pasifik Antara Costa Rica Dan Nicaragua Melalui Mahkamah Internasional. Jurnal Komunitas Yustisia, 2(1), 60-69.

Mangku, D. G. S. (2013). Kasus Pelanggaran Ham Etnis Rohingya: Dalam Perspektif ASEAN. Media Komunikasi FIS, 12(2).

Mangku, D. G. S. (2010). Pelanggaran terhadap Hak Kekebalan Diplomatik (Studi Kasus Penyadapan Kedutaan Besar Republik Indonesia (KBRI) di Yangon Myanmar berdasarkan Konvensi Wina 1961). Perspektif, 15(3).

Purwanto, H., & Mangku, D. G. (2016). Legal Instrument of the Republic of Indonesia on Border Management Using the Perspective of Archipelagic State. International Journal of Business, Economics and Law, 11(4).

Itasari, E. R., & Mangku, D. G. S. (2020). Elaborasi Urgensi Dan Konsekuensi Atas Kebijakan Asean Dalam Memelihara Stabilitas Kawasan Di Laut Cina Selatan Secara Kolektif. Harmony, 5(2), 143-154.

Malik, F., Abduladjid, S., Mangku, D. G. S., Yuliartini, N. P. R., Wirawan, I. G. M. A. S., & Mahendra, P. R. A. (2021). Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia. International Journal of Criminology and Sociology, 10, 538-547.

Mangku, D. G. S. (2017). Penerapan Prinsip Persona Non Grata (Hubungan Diplomatik Antara Malaysia dan Korea Utara). Jurnal Advokasi, 7(2), 135-148.

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Mangku, D. G. S. (2017). Peran Border Liasion Committee (BLC) Dalam Pengelolaan Perbatasan Antara Indonesia dan Timor Leste. Perspektif, 22(2), 99-114.

Mangku, D. G. S. (2017). The Efforts of Republica Democratica de Timor-Leste (Timor Leste) to be a member of Association of Southeast Asian Nations (ASEAN) and take an active role in maintaining and creating the stability of security in Southeast Asia. Southeast Asia Journal of Contemporary Business, Economics and Law, 13(4), 18-24.

Mangku, D. G. S. (2018). Kepemilikan Wilayah Enclave Oecussi Berdasarkan Prinsip Uti Possidetis Juris. Jurnal Advokasi, 8(2), 150-164.

Mangku, D. G. S. (2018). Legal Implementation On Land Border Management Between Indonesia And Papua New Guinea According to Stephen B. Jones Theory. Veteran Law Review, 1(1), 72-86.

Mangku, D. G. S. (2020). Implementation Of Technical Sub Committee Border Demarcation And Regulation (TSC-BDR) Agreement Between Indonesia-Timor Leste In The Resolution Of The Land Border Dispute. Jurnal IUS Kajian Hukum dan Keadilan, 8(3), 405-419.

Mangku, D. G. S. (2020). Penyelesaian Sengketa Perbatasan Darat di Segmen Bidjael Sunan–Oben antara Indonesia dan Timor Leste. Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan, 5(2), 252-260.

Mangku, D. G. S. (2021). Pemenuhan Hak Asasi Manusia kepada Etnis Rohingya di Myanmar. Perspektif Hukum, 21(1), 1-15.

Mangku, D. G. S., & Itasari, E. R. (2015). Travel Warning in International Law Perspective. International Journal of Business, Economics and Law, 6(4).

Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Fulfillment of Labor Rights for Persons with Disabilities in Indonesia. International Journal of Criminology and Sociology, 10, 272-280.

Mangku, D. G. S., Triatmodjo, M., & Purwanto, H. (2018). Pengelolaan Perbatasan Darat Antara Indonesia Dan Timor Leste Di Wilayah Enclave Oecussi (Doctoral dissertation, Universitas Gadjah Mada).

Mangku, D. G. S., Yuliartini, N. P. R., Suastika, I. N., & Wirawan, I. G. M. A. S. (2021). The Personal Data Protection of Internet Users in Indonesia. Journal of Southwest Jiaotong University, 56(1).

Purwendah, E. K., & Mangku, D. G. S. (2018). The Implementation Of Agreement On Transboundary Haze Pollution In The Southeast Asia Region For Asean Member Countries. International Journal of Business, Economics and Law, 17(4).

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Purwendah, E., Mangku, D., & Periani, A. (2019, May). Dispute Settlements of Oil Spills in the Sea Towards Sea Environment Pollution. In First International Conference on Progressive Civil Society (ICONPROCS 2019). Atlantis Press.

Yuliartini, N. P. R., & Mangku, D. G. S. (2019). Tindakan Genosida terhadap Etnis Rohingya dalam Perspektif Hukum Pidana Internasional. Majalah Ilmiah Cakrawala Hukum, 21(1), 41-49.