About 60 years ago, an important event occurred in Indonesia that was recorded in the annals of international law.
By
Agus Budiyono
·8 minutes read
The prime minister at the time, Djuanda Kartawijaya (whose name is preserved in the name of the most important street in Bandung), made a declaration that shocked the world: "All waters around, between and connecting the islands or the parts of islands that belong to the territory of the Republic of Indonesia, regardless of breadth or width, are a reasonable part of the territory of the Republic of Indonesia, and as such, is part of the national waters under the absolute sovereignty of the Republic of Indonesia. Then peaceful crossing for foreign ships in these inland waters is guaranteed as long as they do not conflict with/disturb the sovereignty and safety of the Indonesian state.”
This declaration overturned the world\'s understanding of sea boundary agreements. And in terms of the Indonesian nation, the declaration became an important milestone after the 1945 Proclamation of Independence in affirming the territorial sovereignty of the Unitary State of the Republic of Indonesia (NKRI). Before the declaration, the territory of the Republic of Indonesia referred to the 1939 Netherlands Indies Ordinance, Teritoriale Zee en Maritieme Kringen Ordonantie 1939 (TZMKO 1939). The colonial government looked at the sea as a divide between islands. Each island had a marine area only 3 miles from the coast, which meant that foreign vessels were free to sail in the marine regions between islands.
Indonesian pioneering work
The Djuanda Declaration took a completely different weltanschauung (worldview) that introduced the concept of an archipelagic state for the first time.
The Djuanda Declaration, which was written on 13 Dec. 1957, stated that: (1) Indonesia declared itself an archipelagic country with its own style; (2) the archipelago has been a united entity since the past; (3) the provisions of the 1939 TZMKO contained objectives that could destroy the territorial integrity of Indonesia as established in the declaration: (1) To realize the territory of the NKRI that was intact and well-rounded; (2) To determine the territorial boundaries of the NKRI in accordance with the principles of an archipelagic state; (3) To regulate peaceful maritime traffic that further guaranteed the security and safety of the NKRI.
The Djuanda Declaration referred to a sea area 12 miles from the coastline. The essence of this declaration was that all waters around, between, and connecting the islands or the parts of islands that were included in the territory of the Republic of Indonesia, regardless of breadth or width, were part of NKRI territory and were therefore part of the national waters under the absolute sovereignty of the NKRI.
This declaration was later enshrined in Law No. 4/PRP/1960 on Indonesian Territorial Waters. The impact was that the territory of the Republic of Indonesia increased 2.5 times from 2,027,087 square
kilometers to 5,193,250 sq km with the exception of Irian Jaya, which, although a part of Indonesian territory, had yet to receive international recognition. It is interesting to note that the international community, especially the Netherlands, did not immediately accept the essence and spirit of the declaration.
Indonesia made diplomatic efforts for 25 years before the international community, through the third United Nations Convention on the Law of the Sea (UNCLOS), finally recognized the existence of archipelagic countries. After its long struggle, Indonesia not only achieved its diplomatic objective to gain international recognition of its claim to sovereignty, but also pioneered the concept of the archipelagic country that led to other archipelagic nations (the Philippines, Mauritania, Fiji and others) gaining the same recognition.
At the 12 Dec. 2019 book launch and discussion of Saswinadi Sasmojo’s Djuanda Declaration: Its Meanings and Implications in Technology and Industry, Hassan Wirajuda (Indonesian Minister of Foreign Affairs, 2001-2009) noted that Indonesia\'s pioneering role in changing the law of the sea so it was fair was a continuation of Indonesia\'s pioneering role in declaring the concept of independence in 1945: "That independence is actually a right that belongs to all nations and therefore, colonialism all over the world must be abolished because it is not in accord with humanity and justice.” It was a decisive statement that opened the way and inspired other nations in the world to claim freedom.
21st century challenge
The 21st century has been marked by rapid changes in various fields. The world is no longer divided into rigid geographical boundaries. We should note the recent study published in the MIT Sloan Management Review on the key technologies that have become a driving force of life changes (trade, healthcare, education, transportation, and the environment). Three things characterize these technologies: intelligence, natural interface, and ubiquity.
The world is operating in a completely new way with these three features. What are the implications of these changes on the success of Indonesian diplomacy in fighting for its territoriality and sovereignty, which was gained with difficulty in the past? When this article was written, there was a dispute between China and Indonesia at the Natuna Islands. The government was correct when it hinted there would be no compromise regarding violations of Indonesian territory. Indonesia should neither accept China\'s call to resolve the dispute bilaterally. This is because China does not recognize Indonesia\'s exclusive economic zone (EEZ) in Natuna.
In this regard, it should be noted that the Natuna dispute is part of a visible international problem. In this century, accelerated technological development requires us also to realize that legal geographical boundaries do not fully guarantee the protection of the resources within them. What is the meaning of geographical boundaries if data, information, and resources, through the sophisticated technologies of other countries, can flow frequently without or beyond our control?
Anticipating legal problems, the US very cleverly presented this program as a scientific mission to predict global weather behavior from ocean data.
In the marine context, the US National Oceanic and Atmospheric Administration (NOAA) has launched hundreds of floats (sea drones) since 2000 in all corners of the world. To date, 3,864 floats are in operation in the Argo program, some of which are in Indonesian territorial waters. The floats, which are shaped like buoys, record standard data on temperature and salinity. However, several types also carry biogeochemical sensors. Do the probes that partially operate in our oceans violate Indonesian marine law? What about other countries, because these drones are spread evenly across the world\'s seas at intervals of 3 degrees (or the equivalent of 300 kilometers)? Anticipating legal problems, the US very cleverly presented this program as a scientific mission to predict global weather behavior from ocean data.
Moreover, a global consortium was formed with its main members composed of nearly all developed countries in the world. Every country in this consortium has even contributed floats that operate in various regions of the world: Australia (331), France (276), Japan (215), the United Kingdom (162), India (139), Canada (97), China (75), and South Korea (36).
The consortium\'s website formally refers to Argo as a global program to map sea behavior for mutual benefit. But is it really that simple? For example, if the migration of valuable fish or marine life is a function of temperature and salinity, does the program also map the potential and movement of marine resources? Moreover, of course there is the potential for implementing fish-aggregating technology to herd fish out of Indonesian waters to be captured legally.
It is clear that Argo’s data can be used to validate marine models. In terms of military applications, for example, it can be used to map the trajectories of submarines. How does Indonesia position itself in this constellation of challenges? What lessons can we take from the hegemony of technology like this that operates subtly?
Human capital and technological mastery
The 21st century has provided many conveniences, but also challenges in various fields. In the period shortly after Indonesian independence, the US president at the time called Indonesia the third richest country in the world in terms of its natural resources (SDA). As regards the ideal of achieving prosperity through the extraordinary use of Indonesia\'s natural resources, it seems important to publicize widely the implications of the Djuanda Declaration and its challenges in this new era. Publicizing and communicating the concept is important for raising awareness of the problems being faced.
Therefore, what is needed at present is accelerating the mastery of technology associated with mapping the potential natural resources in the country and their utilization.
Extraordinary diplomatic achievements may be rendered meaningless if they are not accompanied by the capability to develop human capital and master technology needed to secure the resources contained in Indonesia\'s land, sea and air areas. Therefore, what is needed at present is accelerating the mastery of technology associated with mapping the potential natural resources in the country and their utilization.
The founding fathers of the Republic of Indonesia were visionaries determined to fight for Indonesia’s interests in the international arena. The vision of prime minister Djuanda, which was later implemented by Mochtar Kusumaatmadja in a policy-oriented approach, is real proof of the skills and creativity of the relevant figures in interpreting the law as not something immutable, but that which can be changed according to the principles of justice and the needs of a dynamic society. The Indonesian nation needs to adopt our ancestors’ approach towards struggle and their innovative spirit to find solutions to the nation’s various problems today.
Agus Budiyono, Alumnus, MIT Department of Aeronautics and Astronautics; Member, Expert Board, Habibie Program Alumni Network