Krustiyati The Construction 2011
THE CONSTRUCTION OF LAW IN ORDER TO
ESCALATE THE BILATERAL RELATIONSHIP
BETWEEN INDONESIA AND TIMOR-LESTE
By: Atik Krustiyati
*) Senior Lecturer at Faculty of Law University of Surabaya
.
.
Democratic Republic of Timor Leste, which reviously
called as East Timor, and will known as Timor Loro Sa'e,
Fromthe point of view of lnternationallaw, EastTimor is a small country on north
and east of Timor
as the
Province of lndonesia, and as a part of Island. As a nation that has been separated from
Republic of lndonesia, holds a very special position Indonesia. Timor Leste has gained independence since
compared with another province. Based on Sui Generis, May 20,2002. When Timor Leste become a member of
the other provinces were an integral part of
of United Nation, they decidedto use their Portuguesename.
lndonesia since August
1945, and has been in Timor Leste, as theirs' nation official name.
accordance with Article I of Montevideo
East Timor province was located on the east side of
East Timor became an integral part of lndonesia Timor Island, while on the west side, lays East Nusa
throughAct number 7,1976 LN 1976135 about unification Tenggara province. One unique thing here is that one of
endorsementof East Timo: as integral part of Republicof the district of East
District,whereits capital
lndonesiaand establishmentof regional province level I of Oekusi was located within the East Nusa Tenggara
East Timor, that
in force since July
province. It means
District has became an
"enclave
region",
a
part
of
East
Timor
regioninside of East
Integration process of East Timor into Republic of
NusaTenggaraprovince.
lndonesia that ended in separation of East
from
I.
PREFACE
Republic of lndonesia was a very unique situation. Long
transformationin East Timor, start
history of
from colonialism by Portuguese, which change over to
occupation of lndonesia, and ended by establishment of
anindependent nation, Timor Leste. This long
was
resulted in Qrossviolation against human rights and has
causeda great number of refugees.
Since Timor Leste has became one of Indonesia's
province, many conflicts has occurred within this area.
Conflict that happened in Timor Leste is a part of internal
conflict regarding the separation of region. This conflict
ended by a gross violation against human rights and
violation toward international humanitarian law. This
violation occurred in January 1999, when President of
Indonesia. B.J. Habibie declared that there were2 option
left for the future of East Timor province. These options
were:
by
If we observed, afler the occupation of East
lndonesia government, many issues of violation against
human right have been emerged. Afler occupation by
in 1. Soecial Autonomv
Republic of lndonesia.'Indonesianisasi" .
, ootion for East Timor
East Timor tends to use military force. At the end of the
period, lndonesia government built many concentration
lndonesia
camps in
Timor for destroying the emerged
separationmovementand indoctrination effort for people
In order to dete'rmine which option would be taken,
of East
the government of Indonesia held a referendum, which
.
P.S.
Status lntegrasi Timor limur ke dalarn Negara Kesatuan Republik lndonesia
Hukum
Khususnya
Praktek Perolehan Wilayah Dan Hukum Pengakuan. The Thesis was addressedin Discussion Forum by NationalCenter of
University. Page 5
lnternational Organization Study. Politic Science Faculty of
Before government of lndonesia has accepted
Petition dated May
1976 about integration statement of East Timor citizen
Republic of lndonesia from temporary government of East
and since that. East Timor has became an Integral part of Republic of
lndonesia '
ESCALATE THE BILATERAL RELATIONSHIP
BETWEEN INDONESIA AND TIMOR-LESTE
By: Atik Krustiyati
*) Senior Lecturer at Faculty of Law University of Surabaya
.
.
Democratic Republic of Timor Leste, which reviously
called as East Timor, and will known as Timor Loro Sa'e,
Fromthe point of view of lnternationallaw, EastTimor is a small country on north
and east of Timor
as the
Province of lndonesia, and as a part of Island. As a nation that has been separated from
Republic of lndonesia, holds a very special position Indonesia. Timor Leste has gained independence since
compared with another province. Based on Sui Generis, May 20,2002. When Timor Leste become a member of
the other provinces were an integral part of
of United Nation, they decidedto use their Portuguesename.
lndonesia since August
1945, and has been in Timor Leste, as theirs' nation official name.
accordance with Article I of Montevideo
East Timor province was located on the east side of
East Timor became an integral part of lndonesia Timor Island, while on the west side, lays East Nusa
throughAct number 7,1976 LN 1976135 about unification Tenggara province. One unique thing here is that one of
endorsementof East Timo: as integral part of Republicof the district of East
District,whereits capital
lndonesiaand establishmentof regional province level I of Oekusi was located within the East Nusa Tenggara
East Timor, that
in force since July
province. It means
District has became an
"enclave
region",
a
part
of
East
Timor
regioninside of East
Integration process of East Timor into Republic of
NusaTenggaraprovince.
lndonesia that ended in separation of East
from
I.
PREFACE
Republic of lndonesia was a very unique situation. Long
transformationin East Timor, start
history of
from colonialism by Portuguese, which change over to
occupation of lndonesia, and ended by establishment of
anindependent nation, Timor Leste. This long
was
resulted in Qrossviolation against human rights and has
causeda great number of refugees.
Since Timor Leste has became one of Indonesia's
province, many conflicts has occurred within this area.
Conflict that happened in Timor Leste is a part of internal
conflict regarding the separation of region. This conflict
ended by a gross violation against human rights and
violation toward international humanitarian law. This
violation occurred in January 1999, when President of
Indonesia. B.J. Habibie declared that there were2 option
left for the future of East Timor province. These options
were:
by
If we observed, afler the occupation of East
lndonesia government, many issues of violation against
human right have been emerged. Afler occupation by
in 1. Soecial Autonomv
Republic of lndonesia.'Indonesianisasi" .
, ootion for East Timor
East Timor tends to use military force. At the end of the
period, lndonesia government built many concentration
lndonesia
camps in
Timor for destroying the emerged
separationmovementand indoctrination effort for people
In order to dete'rmine which option would be taken,
of East
the government of Indonesia held a referendum, which
.
P.S.
Status lntegrasi Timor limur ke dalarn Negara Kesatuan Republik lndonesia
Hukum
Khususnya
Praktek Perolehan Wilayah Dan Hukum Pengakuan. The Thesis was addressedin Discussion Forum by NationalCenter of
University. Page 5
lnternational Organization Study. Politic Science Faculty of
Before government of lndonesia has accepted
Petition dated May
1976 about integration statement of East Timor citizen
Republic of lndonesia from temporary government of East
and since that. East Timor has became an Integral part of Republic of
lndonesia '