The Research School of Pacific and Asian Studies (RSPAS) ANU College of Asia and the Pacific

Transcription

1

2 The Research School of Pacific and Asian Studies (RSPAS), a part of the ANU College of Asia and the Pacific at The Australian National University, is home to The Indonesia Project, a major international centre, which supports research activities on the Indonesian economy and society. Established in 1965 in the School s Division of Economics, the Project is well known and respected in Indonesia and in other places where Indonesia attracts serious scholarly and official interest. Funded by the ANU and the Australian Agency for International Development (AusAID), the Indonesia Project monitors and analyses recent economic developments in Indonesia; informs Australian governments, business and the wider community about those developments and about future prospects; stimulates research on the Indonesian economy; and publishes the respected Bulletin of Indonesian Economic Studies. The School s Department of Political and Social Change (PSC) focuses on domestic politics, social processes and state society relationships in Asia and the Pacific, and has a long-established interest in Indonesia. Together with PSC and RSPAS, the Project holds the annual Indonesia Update conference, which offers an overview of recent economic and political developments and devotes attention to a significant theme in Indonesia s development. The Project s Bulletin of Indonesian Economic Studies publishes the economic and political overviews, while the proceedings related to the theme of the conference are published in the Indonesia Update Series. The Institute of Southeast Asian Studies (ISEAS) was established as an autonomous organization in It is a regional centre dedicated to the study of socio-political, security and economic trends and developments in Southeast Asia and its wider geostrategic and economic environment. The Institute s research programmes are the Regional Economic Studies (RES, including ASEAN and APEC), Regional Strategic and Political Studies (RSPS), and Regional Social and Cultural Studies (RSCS). ISEAS Publishing, an established academic press, has issued almost 2,000 books and journals. It is the largest scholarly publisher of research about Southeast Asia from within the region. ISEAS Publishing works with many other academic and trade publishers and distributors to disseminate important research and analyses from and about Southeast Asia to the rest of the world.

3 Indonesia Update Series Institute of Southeast Asian Studies Singapore

4 First published in Singapore in 2009 by ISEAS Publishing Institute of Southeast Asian Studies 30 Heng Mui Keng Terrace Pasir Panjang Singapore All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the Institute of Southeast Asian Studies Institute of Southeast Asian Studies, Singapore The responsibility for facts and opinions in this publication rests exclusively with the authors and their interpretations do not necessarily reflect the views or the policy of the Institute or its supporters. ISEAS Library Cataloguing-in-Publication Data Indonesia beyond the water s edge : managing an archipelagic state / edited by Robert Cribb and Michele Ford. 1. Archipelagoes Indonesia 2. Territorial waters Government policy Indonesia 3. Indonesia Politics and government I. Cribb, R. B. II. Ford, Michele. KZ3881 I5I ISBN (soft cover) ISBN (hard cover) ISBN (PDF) Edited and typeset by Beth Thomson, Japan Online, Canberra Indexed by Angela Grant, Sydney Printed in Singapore by Utopia Press Pte Ltd

5 Contents Tables Maps and Figures Contributors Acknowledgments 1 Indonesia as an Archipelago: Managing Islands, Managing the Seas 1 Robert Cribb and Michele Ford 2 Becoming an Archipelagic State: The Juanda Declaration of 1957 and the Struggle to Gain International Recognition of the Archipelagic Principle 28 John G. Butcher 3 Indonesia s Maritime Boundaries 49 Arif Havas Oegroseno 4 Indonesia s Archipelagic Sea Lanes 59 Hasjim Djalal 5 Extending Indonesia? Opportunities and Challenges related to the Definition of Indonesia s Extended Continental Shelf Rights 70 I Made Andi Arsana and Clive Schofield 6 Indonesian Port Sector Reform and the 2008 Shipping Law 94 David Ray 7 Piracy and Armed Robbery against Ships in Indonesian Waters 117 Sam Bateman 8 The Indonesian Maritime Security Coordinating Board 134 Djoko Sumaryono vii ix xi xv

6 vi Indonesia beyond the Water s Edge: Managing an Archipelagic State 9 Marine Safety in Indonesian Waters 146 Erwin Rosmali 10 Governance in Indonesia s Marine Protected Areas: A Case Study of Komodo National Park 157 Rili Djohani 11 Rising to the Challenge of Providing Legal Protection for the Indonesian Coastal and Marine Environment 172 Sarah Waddell 12 Legal and Illegal Indonesian Fishing in Australian Waters 195 James J. Fox 13 Fluid Boundaries: Modernity, Nation and Identity in the Riau Islands 221 Michele Ford and Lenore Lyons Index 239

7 Tables 3.1 Summary of maritime boundaries still to be demarcated List of extended continental shelf submissions, 13 May Main ports administered by the Indonesian Port Corporations Container volumes handled by the 11 main IPC ports, Performance data for 19 major ports: domestic cargo Attacks on vessels in Indonesian waters, January September Actual attacks on vessels under way in the southern area of the South China Sea, Marine protected areas in Indonesia Status of fishery resource utilization in nine Indonesian fishery management zones Sightings and apprehensions of motorized vessels in Australia s northern waters 215 vii

8

9 Maps and Figures Maps 1.1 The Indonesian archipelago Indonesia s archipelagic baselines and sea lane passages Traditional fishing zones agreed in the 1974 MOU Traditional fishing zones agreed in 1989: the MOU Box The Riau Islands 223 Figures 1.1 Indonesia s archipelago by population Claims to maritime jurisdiction The outer limits of the continental shelf Proposed extended continental shelf to the northwest of Sumatra Total port traffic handled by Indonesian ports, Regional competitiveness of the port of Jakarta, The Maritime Security Coordinating Board: organizational chart The Maritime Security Coordinating Board: information handling system 143 ix

10

11 Contributors I Made Andi Arsana is a Lecturer in the Department of Geodesy and Geomatics, Gadjah Mada University, Yogyakarta. He is currently undertaking a PhD at the Australian National Centre for Ocean Resources and Security, University of Wollongong, Wollongong. Sam Bateman retired from the Royal Australian Navy as a Commodore. He is now a Professorial Research Fellow at the Australian National Centre for Ocean Resources and Security, University of Wollongong, and concurrently a Senior Fellow and Adviser to the Maritime Security Programme at Nanyang Technological University, Singapore. John G. Butcher is an Associate Professor in the Department of International Business and Asian Studies, Griffith University, Brisbane. He is currently conducting research with Robert Elson on the history of claims to maritime territory in the Indonesian archipelago since Robert Cribb is Professor of Indonesian History at the Australian National University, Canberra. His research focuses on issues of national identity, mass violence, historical geography and environmental politics in Indonesia. His publications include the Historical Atlas of Indonesia (2000). Hasjim Djalal is a Member of the Indonesian Maritime Council; Advisor to the Indonesian Minister for Marine Affairs and Fisheries; and Advisor to the Indonesian Naval Chief of Staff. He helped shape Indonesia s position at the Third United Nations Conference on the Law of the Sea and has served as Indonesia s Ambassador at-large for the Law of the Sea and Maritime Affairs ( ). He has written extensively on domestic, regional and international maritime issues. xi

12 xii Indonesia beyond the Water s Edge: Managing an Archipelagic State Rili Djohani joined The Nature Conservancy in 1995 to help establish its coastal and marine program in Indonesia. She was The Nature Conservancy s Country Director for Indonesia from 2004 to 2008 and is now the Director of its Coral Triangle Program. She is also a PhD Scholar at the Van Vollenhoven Institute in the Faculty of Law, University of Leiden. Michele Ford chairs the Department of Indonesian Studies at the University of Sydney, Sydney. Her research interests include the Indonesian labour movement, labour migration and the Riau Islands. James J. Fox is a Professor in the Resource Management in Asia Pacific Program in the Research School of Pacific and Asian Studies, Australian National University. He has been closely involved in the study of the fishermen of eastern Indonesia for nearly two decades. Lenore Lyons is an Associate Professor at the Centre for Asia-Pacific Social Transformation Studies, University of Wollongong. She recently completed an Australian Research Council Discovery project with Michele Ford on transnational encounters between Singaporeans and people living in the Riau Islands. Arif Havas Oegroseno is Director of Treaties for Political, Security and Territorial Affairs in the Indonesian Ministry of Foreign Affairs. He has served as a senior Indonesian diplomat in Portugal and at the United Nations, and has been extensively involved in planning Indonesia s broad maritime security strategy. David Ray is Director of the Indonesia Infrastructure Initiative, a project funded by the Australian Agency for International Development (AusAID) to promote infrastructure development in Indonesia. He was previously Deputy Director of the SENADA project, a program to strengthen the competitiveness of Indonesia s labour-intensive light manufacturing industries. Erwin Rosmali has served as Section Head of Belawan and Tanjung Priok ports, Harbour Master of Makassar port, Division Head of Ship Seaworthiness at Tanjung Priok port and Head of the Subdirectorate of Ship Equipment, Machinery and Radio in the Directorate of Marine Safety, Ministry of Transport. Clive Schofield is a QEII Research Fellow at the Australian National Centre for Ocean Resources and Security, University of Wollongong. His research focuses on the intersection of geographical/technical, legal and political disciplines in the law of the sea, with particular reference to maritime boundary delimitation.

13 List of Contributors xiii Djoko Sumaryono is the Chief Executive of the Indonesian Maritime Security Coordinating Board. He has held a number of key posts in the Indonesian Navy and served as Permanent Secretary to the Coordinating Minister for Political and Security Affairs in Sarah Waddell is a lawyer who has worked in Indonesia as a consultant in environmental law, coastal resources management and water resources management ( ). She has directed a number of legal training programs on legislative drafting, anti-corruption prosecution and environmental law enforcement under the Indonesia Australia Specialised Training Program (IASTP). She is currently Senior Researcher at the Australasian Legal Information Institute (AustLII) working on international projects related to access to the law.

14

15 Acknowledgments This book is a product of the 26th Indonesia Update Conference, held at the Australian National University (ANU) on September This conference is held annually under the auspices of the Indonesia Project and the Department of Political and Social Change, both in the Research School of Pacific and Asian Studies (RSPAS) at the ANU. The conference was made possible by the efforts of a strong and invariably cheerful team of organizers Liz Drysdale, Cathy Haberle, Allison Ley, Anne Looker and Trish van der Hoek as well as a most helpful advisory committee consisting of Chris Manning, Budy Resosudarmo and Ross McLeod. ANU student volunteers also helped in many ways. As with the previous annual Indonesia Update conferences, the Australian Agency for International Development (AusAID) provided generous financial and practical support. The conference drew substantially, but intangibly, on the resources and goodwill of the Arndt-Corden Division of Economics and the Division of Pacific and Asian History (ANU). We are indebted to Beth Thomson for her meticulous copy editing and for other valuable advice on preparing the manuscript. The Cartography Department at RSPAS drew two of the maps. Robert Cribb and Michele Ford Canberra and Sydney July 2009 xv

16