Page 56 - Geopolítica del Mundo Actual. Una Visión Multidisciplinar

GEOPOLÍTICA DEL MUNDO ACTUAL. UNA VISIÓN MULTIDISCIPLINAR:
Cultura de Paz, Conflictos, Educación y Derechos Humanos
in the United Nations Convention on the Law of the Sea (UNCLOS). The UNCLOS, or commonly called as Law of the Sea Convention, not only defines the rights and responsibilities of nations to the oceans and manages the natural resources of the sea, but also sets the boundaries of the country. This is the basis of a country’s sovereignty over its territorial waters.
UNCLOS section 3 about innocent passage in the territorial sea, Article 17 (Right of innocent passage) mentions that :
“Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea”. But, however, “sebagaimana penjelasan pada’’ Article 18 (Meaning of passage), “this passage through the territorial sea for the purpose of traversing that sea without entering internal waters.”
As agreed in international law, the country’s territory consists of three dimensions, namely, land, sea and air. Provisions regarding territorial sea are also stated in Geneva Conventions on the Law of the Sea on 1958 and United Nations Convention on the Law of the Sea (UNCLOS) 1982. Moreover, Indonesia has ratified UNCLOS 1982. Basically, referring to the convention of UNCLOS, section 3 Article 17, each ship heading for the high seas through the territorial sea has the right to pass peacefully (innocent passage). Nevertheless, all of this refers to reasonable passage without any specific intent which is detrimental to the country they are going through, or have an impact on the security of the country especially if it involves the navy to enter the territorial waters of other countries. This is not only breaking norms and ethics in international relations, but also can be categorized as violating and provoking actions in neighboring relations. Despite when a country’s military fleet is pursuing a ship, they will stop when the ship has entered the territory of another country.
Indonesia has a long history in interpreting and achieving sovereignty. As a country that has experienced colonialism, Indonesia has a high respect toward sovereignty of a country, especially sovereignty of territory. This sovereignty
to territtory is one of the absolute conditions for the establishment of a state. Therefore, every country has full rights and sovereignty over its territory. After becoming an independent country in 17 August 1945, Indonesia has full rights and authority over its territory. The Law of The Republic of Indonesia Number 43, of 2008, and Number 32, of 2014, point clearly the areas belong to Indonesian territory. Thus all parts of the territory of Indonesia are under the absolute sovereignty of Indonesia. Therefore, in these laws also include
information about territorial sovereignty of Indonesia. Moreover, in some articles of both laws emphasize that Indonesia has sovereignty over its territory.
Indonesia – Australia Relations
The relations between Indonesia-Australia have gone through a long period of time. During this time, the relations between two countries experienced ups and downs, distrust and also various occurrences that affected the relationship of both countries. Nevertheless, it cannot be denied that Indonesia has an important role in the region, which also influences Australia and vice versa. As well as neighboring countries, it is undeniable that there is susceptibility in relationship between the two countries. There are periods in which the two countries face relational problems.
Australia’s policies in handling IMAs entry into the country increase the number of disagreements between the two countries. History shows that since the federation and even before, Australia’s defense and the country’s foreign policy
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