Purposive Deliberation The Contemporary Role of Indonesia in ASEAN

885 Internaional Conference on Social Poliics RE-UNDERSTANDING BORDER AREA AS THE COMMON SPACE FOR INTRA STATES Wahyuni Kartika Sari wahyunikartikasariyahoo.com Lecturer of International Relations - Faculty of Social and Political Sciences – University of Muhammadiyah Yogyakarta Abstract In general, border was widely understood as the line between two states. The existing interests within that border area was therefore the representation of two states’ interests. Any problems which occured in regards to the border area had potential inluences in the two neighborhood states. This writing aimed to reveal the fact that the problems and interests in the border area could not only be the problem of the two neighborhood countries but also the external actor such as other states who had no overlapping border. This writing proposed the concept of common space as the strategic action to overcome any different perspective about border. A space managed together, in either planning or implementation, is hoped to minimize a number of conlicts in the border area. In addition, this concept is also expected to strengthen the relationship between the two neighborhood states and the external actors holding the mutual interests. Therefore we call it as the coomon space fot intra states Keyword : common space, border area, border problem INTRODUCTION Border area often leads to the complex problems. Some of the potential problems happening are illegal migration, disintegration threat, conlict of natural resources ownership, and so on. Mostly, border conlict is often triggered by problems of understanding the territorial border, or any states’ claim over particular area since the exact border remains unclear. Apart from that, Indonesia has been recently trying to change its perception and policy in the border area. Security approach that used to be applied is no longer relevant now. Through the newly applied Prosperity Approach, the border area would therefore be the at main forefront. Also, there expected to be new policies in order to overcome the border problem. By analysing the border understanding as the exact border between two neighborhood states, we would therefore understand whether or not the problems and interests in the border only belong to the two neighborhood states. Or, do other states have interests within? If the latter happened, the existing border diplomacy do not only need a bilateral effort but also a multilateral effort. This writing aimed to portray an essential understanding of border to the states in search of potential alternatives solution of any border problem, more speciically with the case studies of Indonesian border with its neighbor, Malaysia and Australia. The stakeholders might have different perspectives about border. This circumstance could therefore lead to the different approach of undertaking actions in regards to the border. This writing also proposed the concept of common space as the strategic action to overcome any different perspective about border. A space managed together, in either planning or implementation, is hoped to minimize a number of conlicts in the border area and to accomodate all interests. In addition, this concept is also expected to strengthen the relationship between the two neighborhood states and the external actors holding the mutual interests. UNDERSTANDING BORDER, HOW TO SET BORDER, AND ITS IMPLEMENTATION IN INDONESIA Border is one of the most important 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,