Ethical Deliberation The Contemporary Role of Indonesia in ASEAN
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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,