STATUS KEPEMILIKAN KEPULAUAN SPRATLY DI LAUT CHINA SELATAN MENURUT HUKUM INTERNASIONAL.
THE LEGAL STATUS OF SPRATLY ISLAND IN SOUTH CHINA SEA
ACCORDING TO INTERNATIONAL LAW
MARIO BUNGARAN SIREGAR
110110080090
ABSTRACT
One of the classical cases yet still occurs until now is territorial and
jurisdictional case, which often happens between countries. Even these
days, the deployment of the military forces is used by country to defend its
territory from the threat of other countries. Taking a close watch to South
East Asian region, South China Sea is a prolonged conflict area among
countries around it. The Spratly Island, located in South China Sea, is
known as the contestation between South East Asian countries, namely
Vietnam, Philippines, Malaysia, Brunei Darussalam, and other countries
which are China and Taiwan. Various kinds of principles are stated by
each country in order to get the ownership of Spratly Island, creating the
overlapping claims toward this area. The absence of an obvious territorial
boundary arrangement also exacerbates the uncertainty of the islands in
Spratly area.
The attempts to discuss the ownership of Spratly Island has been
conducted several times, one of them is the statement of DOC of
Parties In the South China Sea in 2002 which was agreed by ASEAN
members and followed by the making of Code of Conduct for South China
Sea that still continues up to now. However, this attempt can’t guarantee
the end of Spratly Island ownership conflict because of the different
approach applied by country, in this case is China.
This research was conducted by using descriptive research method
to get a comprehensive and systematic image about legal norms,
principles, and knowledge which are found in the existing rule of law that
can be applied to analyze the case and by normative juridical approach
which emphasized on literature study to learn the secondary data
collected, that is the existing materials and their relations with the case.
Furthermore, examining the data in qualitative juridical way resulted in
analytical descriptive data.
From this research, it can be known that the attempt of owning
certain territory specifically Spratly Island hasn’t been concluded in a
particular arrangement, while the countries have based their claims in
traditional means consisted in international law, namely occupation,
historical rights, adjacency and proximity principle, cession, and conquest.
iv
ACCORDING TO INTERNATIONAL LAW
MARIO BUNGARAN SIREGAR
110110080090
ABSTRACT
One of the classical cases yet still occurs until now is territorial and
jurisdictional case, which often happens between countries. Even these
days, the deployment of the military forces is used by country to defend its
territory from the threat of other countries. Taking a close watch to South
East Asian region, South China Sea is a prolonged conflict area among
countries around it. The Spratly Island, located in South China Sea, is
known as the contestation between South East Asian countries, namely
Vietnam, Philippines, Malaysia, Brunei Darussalam, and other countries
which are China and Taiwan. Various kinds of principles are stated by
each country in order to get the ownership of Spratly Island, creating the
overlapping claims toward this area. The absence of an obvious territorial
boundary arrangement also exacerbates the uncertainty of the islands in
Spratly area.
The attempts to discuss the ownership of Spratly Island has been
conducted several times, one of them is the statement of DOC of
Parties In the South China Sea in 2002 which was agreed by ASEAN
members and followed by the making of Code of Conduct for South China
Sea that still continues up to now. However, this attempt can’t guarantee
the end of Spratly Island ownership conflict because of the different
approach applied by country, in this case is China.
This research was conducted by using descriptive research method
to get a comprehensive and systematic image about legal norms,
principles, and knowledge which are found in the existing rule of law that
can be applied to analyze the case and by normative juridical approach
which emphasized on literature study to learn the secondary data
collected, that is the existing materials and their relations with the case.
Furthermore, examining the data in qualitative juridical way resulted in
analytical descriptive data.
From this research, it can be known that the attempt of owning
certain territory specifically Spratly Island hasn’t been concluded in a
particular arrangement, while the countries have based their claims in
traditional means consisted in international law, namely occupation,
historical rights, adjacency and proximity principle, cession, and conquest.
iv