PERAN INDONESIA, MALAYSIA DAN SINGAPURA DALAM KESELAMATAN PELAYARAN DI SELAT MALAKA SEBAGAI SELAT INTERNASIONAL
Abstract
The use of the sea in state life by countries around the world is regulated
by the United Nations Convention on the Law of the Sea 1982 (United Nations
Convention on the Law of the Sea of 1982, abbreviated as UNCLOS 1982). One of
the sea water areas that is the scope of the regulation by UNCLOS 1982 is the
strait used as an international shipping lane, the Strait of Malacca is one of them.
As one of the busiest straits used as a shipping lane for international trade, the
Strait of Malacca is seen as still having a lack of shipping security by shipowner
countries that always sail through the Strait of Malacca, including Japan, and the
United States. Based on geographical facts, the Strait of Malacca is part of
Indonesia, Malaysia and Singapura.
This research is carried out based on the normative-juridical type of
research which means research conducted on legal principles that are dotted with
the provisions of written law and first identify the provisions contained in certain
laws. In this study, the data sources used are secondary data with primary,
secondary and tertiary legal sources based on literature studies.
From the results of research on this issue it can be concluded that
UNCLOS 1982 recognizes the right of archipelagic states (the concept of the
sovereignty of archipelagic states) to draw a straight baseline of islands
connecting the outermost points of the outer islands and this has been recognized
internationally, which means that the exercise of sovereignty or jurisdiction of
states bordering the strait is carried out in accordance with the provisions in this
section (part III of UNCLOS 1982) and other international legal regulations. In
accordance with what has been proven above that the geographical position of
the Strait of Malacca which is located in the area of Indonesia, Malaysia and
Singapore where the provisions regarding the legal status for the waters that are
the straits used for international shipping we can see that as a coastal state over
the strait used for international shipping this must be in accordance with its
regulations based on the rights and jurisdiction of the coastal state and the rights
and freedoms of the country.
Keywords : Strait of Malacca - International Law - UNCLOS 1982
International Navigation
by the United Nations Convention on the Law of the Sea 1982 (United Nations
Convention on the Law of the Sea of 1982, abbreviated as UNCLOS 1982). One of
the sea water areas that is the scope of the regulation by UNCLOS 1982 is the
strait used as an international shipping lane, the Strait of Malacca is one of them.
As one of the busiest straits used as a shipping lane for international trade, the
Strait of Malacca is seen as still having a lack of shipping security by shipowner
countries that always sail through the Strait of Malacca, including Japan, and the
United States. Based on geographical facts, the Strait of Malacca is part of
Indonesia, Malaysia and Singapura.
This research is carried out based on the normative-juridical type of
research which means research conducted on legal principles that are dotted with
the provisions of written law and first identify the provisions contained in certain
laws. In this study, the data sources used are secondary data with primary,
secondary and tertiary legal sources based on literature studies.
From the results of research on this issue it can be concluded that
UNCLOS 1982 recognizes the right of archipelagic states (the concept of the
sovereignty of archipelagic states) to draw a straight baseline of islands
connecting the outermost points of the outer islands and this has been recognized
internationally, which means that the exercise of sovereignty or jurisdiction of
states bordering the strait is carried out in accordance with the provisions in this
section (part III of UNCLOS 1982) and other international legal regulations. In
accordance with what has been proven above that the geographical position of
the Strait of Malacca which is located in the area of Indonesia, Malaysia and
Singapore where the provisions regarding the legal status for the waters that are
the straits used for international shipping we can see that as a coastal state over
the strait used for international shipping this must be in accordance with its
regulations based on the rights and jurisdiction of the coastal state and the rights
and freedoms of the country.
Keywords : Strait of Malacca - International Law - UNCLOS 1982
International Navigation
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