Instrumental Deliberation The Contemporary Role of Indonesia in ASEAN

886 Internaional Conference on Social Poliics elements of the state. Nation-state is widely known as the existence of an eligible government, a group of citizen, and a territory with the exact border. Thus, the process of identifying nation state should be conducted by understanding its border area. An introduction to the border understanding and the related terms could be useful in mapping the limit of both rights and duties of states in dealing with the importance of border area. Deining border could be derived from the ideas of Stephen B Jones about Boundary Making which emphasized on Allocation, Delimitation, Demarcation, dan Administration. Allocation: itcovers the state’s territory which includes the border area. International law has regulated the way in which state may possess or lose its territory. Indonesia interprets its territory as inherited by the Dutch during collonalization. It is in line with the principle of international law on Uti Possidetis Juriswhich stated that one state inherits its collonialist’s territory, for instance the border agreement between West Borneo and Serawak which established an exact peg by based on the border area left by the collonialists. Delimitation: after having set the territory up, the following step to do is identifying the overlapping claim over some particular areas which remains unclear. Demarcation: this is step taken after delimitation by mostly applying border agreement. Demarcation is conducted in the ground. This is important as it becomes the beginning and the end of rights, duties, and state sovereignty. The demarcation is decided by putting signs and pegs along the borderlines as agreed by all parties. Administration development management. Despite the last step conducted, it does not mean that administration could only be taken after the previous three steps accomplished. Theory of Boundary Makingpointed that border area management could be overlapped or applied alongwith the process of establishing border and demarcation. It is logical as it takes a long time to deal with the problem solving processes and development in economic, social, culture, and politics. Besides, it also requires a process of understanding socialization to those living in the border area. For instance, after the demarcation has been set up, they may live separatedly with families living in the different administrative area, and possibly different nationalities. In this step, all national stakeholders also include within. Local government could participate actively in the border management. Besides, there has been known the Maritime Border. The delimitation of maritime border is regulated under the Law of the Sea. The UN Conference has produced three conventions on the law of the sea notably known as the United Nations Convention on the Law of the Sea UNCLOS Arsana, 2007:6. In setting the border area, we could take an example on how Indonesian government considers its border. As an archipelagic state, Indonesia under international law possess various national borders in both the fully sovereigned border and the border with natural resources utilization continental shelf and Exclusive Economic Zone. Archipelagic state principleis the manifestation of Indonesian archipelagic vision wawasan nusantara which considers sea as the thing that unites all part of Indonesia, not the one that divides. According to this principle, Indonesian sea has widened from 100.000km 2 to approximately 3.000.000km 2 . Indonesian sea holding a full sovereignty consists of Internal Waters, Archipelagic Sea or Indonesian Archipelagic Sea, and Territorial Sea. However, the existing border deinition reveals: that border area covers land area, sea and air above along the mutual border of two states would be based on the need and agreement of all parties involved. Also, Contiguous zone Kawasan Penyangga Perbatasan is also applied in order to forge a national security control from the low of goods and individuals in Indonesian territory. Geographically, Indonesia is the ifth largest states in the world separated by two big “matra”; at the sea with ten states: Australia, 887 Internaional Conference on Social Poliics Malaysia, Singapura, India, Thailand, Vietnam, Filipina, Palau, Papua New Guinea and East Timor; and in the land with three states: Malaysia, Papua New Guinea, and East Timor. Beside the land border, Indonesia also has the sea border. In order to set the sea border between two states, there are two concepts applied: Territorial Sea concept and Economic Exclusive Zone Gatra, 2006:20. This is a set of law agreed under the 1982 Convention on the Law of the Sea regulating the Territorial Sea concept and Economic Exclusive Zone EEZ accross 200 mil from the basic borderline in setting territorial sea border of particular state Gatra, 2006:20. According to the two points above, the model or conlict potential within the Territorial Sea would be different with the conlict in the Exclusive Economic Zone. Conlict in the Territorial Sea is the conlict in the use of ocean shore. Thus, it requires an ocean administration and applies sea “cadaster”. Conlict in the Exclusive Economic Zone deals with the natural resources utilization such as ishing infringement. The states bound into the Exclusive Economic Zone has to apply the ishery zones and total allowable catch. Cadaster principle cannot be applied here in where an ocean administration should be easily understood with the strict supervision. In the ocean, Additional Sea Zones has been added OC Kaligis, 2003: 88.It covers the strategic value of the sea border with Additional Sea Zones of 12 mil from the sea surrounding in 12 mil. The 12 mil zone has helped Indonesia to supervise any problem dealing with customs, iscal, imigration, and health OC Kaligis, 2003: 165. Beside the Territorial Sea, EEZ, and Additional Sea Zones, Rudolf Matindas has also added the ishery zones and continental shelf OC Kaligis, 2003: 88.Fishery Zone is different with EEZ despite many states have now turned to use EEZ as their considerations. Fishery Zone usually only refers to the ish resources within its water colum. Continental Shelf is sea ground and its sea-bed and subsoil which has border with the sea ground under Territorial Sea until the maximum limit of 350 mil from baseline, or 100 mil from a depth of 2.500 m. In Continental Shelf, states have the sovereign rights to utilize and manage its natural resources OC Kaligis, 2003: 67. According to 1973 Regulation number 1, Indonesian Continental Shelf is deined as the sea ground and its subsoil outsides Indonesian coean in a depth of 200 mor more OC Kaligis, 2003: 69. State border at the sea is therefore derived from drawing a Base Line which connects the furthest set of dots called as Base Point. These Base Points are decided through a hidography survey conducted by Hydro-Oceanography Agency of Indonesian Navy OC Kaligis, 2003: 83. POTENTIAL CONFLICT AND PROBLEMS IN THE BORDER AREA Border is the manifestation of territorial power, therefore border area could also be understood as the area or separating lanes of political units Balai Pustaka, 1999:98. This separation is phisically seen in Great Wall in China, Berlin Wall, Jerussalem Wall, Israel Wall, and so on. This physical separation therefore shows states’ ownership toward some particular areas, alongwith all resources within such as natural resources, buildings, and people. Ownership interest, usually based on sovereignty, is more likely to lead to conlict. In general, border problems can be identifed by based on these issues: Territorial-geographic issue. It happened since agreement with the neighborhood states on land and sea borders have not been achieved. For instance, Indonesia and Malaysia have overlapping borders in some particular area. Malaysia, in its north part is bordered with Malacca Strait. In Singapore Strait, it has not achieved any agreement in dealing with Continental Shelf border over the South China Sea, Territorial Sea border, and continental shelf in the eastern part of Sebatik Island. Deciding border through the furthest islands consideration is not appropriate since Malaysia is not an archipelagic state. Security and national sovereignty issue such as organized cross-border crimes such 888 Internaional Conference on Social Poliics as people smuggling, illegal trade drugs, individual, raw materials and the dispute area which remains unclear given the decrease of Indonesia national territory. Border area concept also has social impacts. Administrative consideration has divided two group of people having same historical and cultural background. They are forced to live separatedly with different nationalities. It will then overlap with the problems of understanding border area for the native people as follows: THE MODEL OF STATE INVOLVEMENT IN THE BORDER AREA Indeed, cooperation in dealing with common space and models of common space for intra space among states intra states have been conducted in other forms, for instance: Spratly Islands, part of the South China Sea, located approximately 1.100 km in the southern part of Hainan Islands, China and 500 km in the northern part of Borneo Islands. Spratly Islands has a strategic spot which becomes a potential zone for military and defense spot, as well as international trade lanes. The South China Sea holds potentials in its economic, politics, and strategic given its importance as the main sea lanes of communications connecting India Ocean and Paciic Ocean. Therefore, the South China Sea becomes one of the busiest routes in the world since almost half of the international trade routes will have to cross this sea. In this area, there has been predicted an abundant amount of oil and natural gas with the number of 18 billion ton. These facts have led to the overlapping claim done by six states surrounding the South China Sea; China,Taiwan, Vietnam, The Philippines, Malaysia dan Brunei Darussalam. Indonesia declares to be a non-claimant state in this regard despite China’s nine-dash line which includes Indonesian EEZ and continental shelf to become theirs. This claim will automatically include the Indonesia’s potential gas resources in the Natuna Islands. Beside the international border disputes, there is also territorial dispute in Indonesia: irst, the Timor Gap. Timor Gap or Celah Timor is the continental shelf area that lies between East Timor and Australia. There was a join cooperation between Indonesia and Australia in exploring the oil and natural gas in this area when Timor Leste was part of Indonesia’s province. In 1972, Indonesia and Australia signed the agreement of Timor seabed boundaries in which assigned as western part on Arafura Sea and southern part of Tanimbar Islands. This agreement extended the boundaries that previously determined in 1971 Warsito, 2008: 73- 74. Timor Gap bacame a strategic location because of its oil and natural gas reserves. Timor Gap was one of six locations that have big oil reserve beside the middle part of Timor Leste, Venezuela, Mexico, Argentina, and Madagacar. The oil reserves contained in the Timor Gap is estimated at about 5 billion barrels and gas deposition about 50 billion cubic feet Warsito, 2008: 76-78. Second dispute is Elang Kakatua. The oil reservein this area was relativelly small, explored by oil company, Conoco Philips. When Timor Leste was part of Indonesia, 50 millions US of exploration revenue was devided between Indonesia and Australia. After the independece, Timor Leste replace Indonesia in this proit share. Third, Bayu Udan. This reservoir was rich of liquid natural gas and also explored by Conoco Phillips. Since its production in 2004 with target of exploration for 20 years, Timor Leste is expected to earn 1.8 millions US. Fourth, Greater Sunrise. Natural gas reserve in Greater Sunrise was twice of Bayu Udan’s. 20 of this reservoir area was managed under Joint Petroleum Development Area or Wilayah PengembanganMinyakBersama, while 80 of the area managed by Australia, although claimed by Timor Leste. Fifth, Laminaria-Corralina. This oilield was explored by Woddside and located outside the Joint Petroleum Development Area, however, the location is close to Timor Leste. This oilield was claimed by both Timor Leste and Australia. Sixth, Berikat Area. Berikat area is an estate, place or area in which within its 889 Internaional Conference on Social Poliics border performed in manufacturing activities of goods and materials, activities of design, engineering, sorting, initial inspection, inal inspection and packing of goods and materials imported or goods and materials from Indonesian customs area or Daerah Pabean Indonesia Lainnya DPIL, which results mainly for export purposes. Although this area is neither join development area nor place near the state border, through this example, it will show the special treatment applied to this area. The special treatment allows some parole to enter and remove goods activities. Included also in this group is the Customs Area. Customs area is an area with certain limits in sea ports, airports, and other places which were assigned for export and import goods under the Direktorat Jenderal Bea dan Cukai sulveilance. The cases above showed that the management of natural resources are mostly for economic purpose, because of people can see the direct economic beneits through its masive national revenue. Until nowadays, oil is used as important source of power plants, and other production and consumption activities of humans. The availability of oil and enegy balance, and also its distribution is unwell distributed through the world, it makes the oil become a very important commodity and has strategic value in economy and politics. Oil has relation with important matters, such as inlation, economic growth, unemployment, trade and foreign policy orientation of a state. In result, anything that has relation with oil and natural gas, will be the top priority issue in both exporter and importer countries. Because of this beneits, the border land which has abundant natural resources will be an interesting object for the countries sharing the border to be disputed or became join cooperation. BORDER AREA IS A COMMON SPACE INTRA SPACE FOR MANY STATES INTRA STATES, NOT ONLY BETWEEN TWO STATES As written before, this paper would try to explore the posibility of border dispute as not only about the interests of two states who share the same border, but also can involve multiple states who do not have direct border. To explain this phenomena, the writer will show from the case below: First, wars that happened in Arab countries caused masive waves of refugees. The continuity of war in Syria cause the emergence of refugees management issue in several states in Middle East and Europe. Civilians in Syria have to take refugee to the safe zone and non-ly zone that have been agreed between the disputants. Most of the refugees led to Turkey because of Erdogan, president of Turkey, applied open door policy that believed to provide betterment for the Syrian refugees. This policy is not applied in other countries arround Syria, such as Israel, Quwait, and Saudi Arabia. Although the low of refugees could cause another problem for Turkey, as in some regions the Syrian refugees have outnumber the local people. Turkey become the destination for the refugees as Turkey can be the entrance gate to European countries. In Europe, the refugees expect to get asylum status. In some Middle East countries have strict regulation about asylum seeker, except for staying in refugee camps. This strict regulation in some countries like Oman, Quwait, and Qatar, was caused by imbalace composition of local people and foreign worker for South Asia. Turkey became a transit place for refugees before they go to Europe because the realised that Turkey could not afford to accpet more refugees from Syria, as previously Turkey also became the destination for another refugees from Iraq and Afghanistan. There is no employment and proper life if these refugees keep staying at the refugee camps, unless they cross to Europe to seek for asylum. Another factor that made Turkey as the main refugee route, although there is Egypt that can be the route to Europe, is not only because the open door policy of Tukey and asylum status offered by some European countries might varies based on the route they took, but also because of the refugee route in Lebanon has been closed since last October. The government of Lebanon decided to close the route because of the