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Sovereign Rights Oveer Indonesian Natural Resources

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The South China Sea, the center of the maritime region of Southeast Asia, is a semi-enclosed sea bordering ASEAN member states (Brunei, Indonesia, Malaysia, the Philippines, Singapore and Thailand), Indochina countries (Vietnam and Kampuchea), China, Hong Kong and Taiwan. During the northern summer, a low pressure area develops over the Asian continent as an extension of the equatorial pressure trough. The north monsoon in Southeast Asia lasts from December to February, while the south monsoon lasts from June to August. The rest of the year represents the transition from northern to southern monsoons (March-May) and from southern to northern monsoons (September-November).

The distribution of water and land in the Southeast Asian region is perhaps one of the most complex structures on earth. It is well documented that the maritime and coastal region of Southeast Asia is probably one of the most productive areas in the world. In fact, most are carried out only in the southern part of the seas of Southeast Asia, especially around the ASEAN region.

ASEAN institutions, mechanisms and procedures could form the core of a comprehensive program for the protection of Southeast Asia's marine environment. Many regional and international bodies are actively involved in the design, development and implementation of regional cooperation programs in the field of marine scientific research and marine environment protection in the South China Sea. The monsoon climate also affects the oceanographic characteristics of the seas of Southeast Asia.

Southeast Asian countries should learn from the mistakes of some developed countries in the world that have caused environmental degradation.

Table 1 shows various data related to the dependency on marine and coastal resources of the six member States of ASEAN
Table 1 shows various data related to the dependency on marine and coastal resources of the six member States of ASEAN

UTILIZATION OF LIVING RESOURCES IN THE NATIONAL MARINE SPACE

Most of the traditional fishing carried out by local people is pelagic with some pearl diving in the eastern part of the archipelago (Arafur Sea). Third, the Japanese side was willing to pay for access to tuna fishing in the Banda Sea. 37 of May 12, 1972 and based in Jakarta based on the decision of the Minister of Agriculture no.

A new provision in the contract was the profit sharing arrangement. According to the contract, the associations had to hand over 40% of the profits from their activities to the PSB. The detailed formula for the circulation of profits had to be determined by both the associations and the PSB. Once again, the performance of the contract over the three years was not encouraging for Indonesia.

Third, the implementation of the agreement required an improvement in the efficiency of the various enforcement agencies in terms of personnel, equipment, methods, and coordination. Disappointed by the Banda Interim Fisheries Agreement with Japan, Indonesia has not entered into similar agreements on the exploitation of living resources in the Banda Sea with any party after the termination of the agreement with Japan and the subsequent profit-sharing experiment. Since then, the Banda Sea and indeed the entire maritime area of ​​the eastern part of the Indonesian archipelago has been reserved for foreign investment ventures and joint ventures.

Such a development should be welcomed, as it would allow the development of the economy of the eastern part of Indonesia to be based on marine resources, which are underutilized in this area. Live marine resources (especially tuna) in the Banda Sea and the eastern part of the Indonesian archipelago are believed to be underexploited. However, the experience was disappointing from the Indonesian perspective due to the high costs of monitoring the fishing activities of licensed companies and the inadequate compensation received for the live resources harvested.

The policy of exploitation of living marine resources in the Indonesian EEZ is now under review. If properly carried out, such Indonesian-Thai cooperation should be beneficial to both parties, as Indonesia and Thailand complement each other in the specific case of developing living marine resources in the EEZ. Indonesia's experience in exploiting living marine resources in Indonesian marine space is mixed.

Part of the reason for the limited success has been Indonesia's limited experience in exploiting living marine resources on a commercial scale, experience since colonial times based largely on traditional or subsistence fishing. Part of the problem lies in the Indonesian administrative infrastructure dealing with the regulation of the fishing industry.

UTILIZATION OF NON-LIVING MARINE RESOURCES: MINERALS, OIL, AND GAS

However, both retained the basic principle that the right to minerals (including oil and gas) remained with the state and not the holder or owner of the land. The proceeds of the contractor's work or activity (i.e., production), which is shared between the state and the contractor based on a pre-agreed formula, after deducting costs. As already stated, a PSC is a contract between the owner of the resources, i.e. the Indonesian state, represented by the state oil company Pertamina, and the contractor, i.e. an oil company that is assigned a specific contract area.

To a large extent, the objectives set by the designers of the PSC had been achieved. With the introduction of the new tax law a few years ago, the tax provisions in the PSC have been largely rewritten. There is certainly room for improvement in the production sharing contract, especially for a more precise wording of some of the rights and duties of both parties.

The tripartite agreement on the Traffic Separation System (TSS) in the Straits of Malacca and Singapore has struck a good balance between protecting the interests of coastal states and the interests of international shipping, and is proof that, with due goodwill and sound mind the most difficult questions can be solved. Singapore's position in the history of the Tripartite Strait of Malacca Agreement (TSS) is particularly interesting. The statement also points out that the waters of the Straits of Malacca and Singapore do not form international straits.

The firm stance in the joint statement reflected the positions of Indonesia and Malaysia, while Singapore's position was indicated as merely taking note of the statement. Previously, Japanese interest had been conducting hydrographic surveys of the waters in the Straits of Malacca and Singapore and attempting to negotiate with the three riparian states on an equal basis. The document contains six appendices containing details of the traffic separation scheme and the navigation aids to be installed.

What is important is that the plan has the support of the Straits of Malacca Council and the shipping and oil interests represented in the Japanese bodies involved in the Malacca Straits and Singapore shipping arrangements and arrangements. Indeed, this is one of the outstanding features of the development of the law of the sea in the ASEAN maritime region. As started earlier, this concern for the protection of the environment arose in the ASEAN region with concern for the protection of the marine environment.

The most serious cause of marine pollution and degradation of Indonesia's marine environment is land. Due to structural constraints (ie the Directorate-General for Fisheries, which is part of the Ministry of Agriculture, and the huge national territory to be managed), the management of fisheries and living resources management is far from adequate.

Gambar

Table 1 shows various data related to the dependency on marine and coastal resources of the six member States of ASEAN

Referensi

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https://doi.org/ 10.1017/jie.2019.13 Received: 17 September 2018 Revised: 17 October 2018 Accepted: 23 April 2019 First published online: 2 September 2019 Key words: Aboriginal

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